UK Offence Report

The Shellfish (Specified Sea Area) (Prohibition of Fishing Methods) (Wales) Order 2003

Welsh Statutory Instrument 2003 No. 607 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
6 March 2003
In force from
9 March 2003
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Sea Fish (Conservation) Act 1967

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Section 5 of the Sea Fish (Conservation) Act 1967 contains a power to prohibit all fishing for sea fish, or a specific type of sea fish, or a specific method of fishing either sea fish generally or sea fish of a particular description. By virtue of Section 22 of that Act sea fish includes shellfish. Section 5A of the Act permits the power to make an order under section 5 to be used for marine environmental purposes. The power is exercisable by the National Assembly for Wales in relation to the territorial sea adjacent to Wales. That part of the sea off the South Wales coast described in article 2 of the Order has been identified as a potential Special Protection Area for the purposes of the Birds Directive (Council Directive 79/409/EEC). The area in question is an important site for non-breeding Common Scoter, and this Order prohibits the use of hydraulic dredging for bivalve molluscs in that area. Scientific and other exemptions are contained in section 9 of the 1967 Act. The Order contains provisions relating to enforcement. Other provisions, including those relating to offences, are contained in the 1967 Act.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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