The Sea Fish Licensing (Wales) Order 2019

Document Number:2019 No. 507 (W. 117)
 
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Welsh Statutory Instruments

Sea Fisheries, Wales

Made

6 March 2019

Laid before the National Assembly for Wales

7 March 2019

Coming into force in accordance with article 1(1)

The Welsh Ministers in exercise of the powers conferred by sections 4(1) and (2) , 4 A, 15(3) and 20(1) of the Sea Fish (Conservation) Act 1967(1) and now vested in them(2) , make the following Order.

Title, commencement and application

  1. —(1) This Order may be cited as the Sea Fish Licensing (Wales) Order 2019 and comes into force on exit day.

    (2) This Order applies in relation to Wales, the Welsh zone and Welsh fishing boats wherever they may be.

    Interpretation

  2. In this Order –

    “the baselines” (“y gwaelodlinau”) means the baselines established by the Territorial Sea (Baselines) Order 2014(3);

    “length” (“hyd”) in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels;

    “mile” (“milltir”) means an international nautical mile of 1 ,852 metres;

    and

    “Welsh fishing boat” (“cwch pysgota Cymreig”) means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and the entry of which in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.

    “the Welsh zone” (“parth Cymru”) has the same meaning as in the Government of Wales Act 2006(4) (see section 158(1) and (3) of that Act).

    Prohibition on Welsh fishing boats fishing without a licence and exceptions

  3. —(1) Subject to paragraph (2) , fishing by Welsh fishing boats (wherever they may be) is prohibited unless authorised by a licence granted by the Welsh Ministers.

    (2) The prohibition in paragraph (1) does not apply to—

    (a) fishing for salmon or migratory trout;

    (b) fishing by any boat used wholly for the purpose of conveying persons wishing to fish solely for pleasure;

    (c) fishing in waters lying within 12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Mann and the Channel Islands respectively is measured, but not extending beyond a line every point of which is equidistant from the nearest points of such baselines and the corresponding baselines adjacent to the United Kingdom and France respectively;

    (d) fishing for common eels (Anguilla anguilla) by any boat the length of which is not more than 10 metres; or

    (e)...

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