The Tollesbury and Mersea (Blackwater) Fishery Order 2019

Document Number:2019 No. 974
Coming into force:Coming into force on the 14/07/2019
 
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Statutory Instruments

Sea Fisheries, England

Shellfish

Made

28 th May 2019

Laid before Parliament

29 th May 2019

Coming into force

14 th July 2019

The Tollesbury and Mersea Native Oyster Fishery Company Limited (“the applicant”) has made an application to the Secretary of State, in accordance with section 1(2) of the Sea Fisheries (Shellfish) Act 1967 (“the Act”)(1) , for an order conferring a right of several fishery under section 1 of the Act.

The Secretary of State(2) has prepared a draft order and served a copy of it on the applicant in accordance with paragraph 1 of Schedule 1 to the Act(3).

The applicant has caused printed copies of the draft order to be published and circulated, and has given notice of the application, in accordance with paragraph 2 of that Schedule.

The Secretary of State has considered representations received, in accordance with paragraphs 3 and 6 of that Schedule, and considers that it is expedient to make the Order.

The Secretary of State has had regard to the powers and duties of the Crown Estate Commissioners under the Crown Estate Act 1961(4) , in accordance with paragraph 6(2) of that Schedule.

The Secretary of State makes this Order in exercise of the powers conferred by section 1 of the Act.

Citation, commencement, extent and interpretation

  1. —(1) This Order may be cited as the Tollesbury and Mersea (Blackwater) Fishery Order 2019 and comes into force on 14 th July 2019.

    (2) It extends to England and Wales.

    (3) In this Order—

    “the fishery” means the area of the Blackwater River in the county of Essex described in the Schedule;

    “the Grantee” means the Tollesbury and Mersea Native Oyster Fishery Company Limited, whose company number is 00011066 and whose registered office is 15 High Street, West Mersea, Colchester, Essex, CO5 8 QA;

    “the management plan” means the plan marked “Tollesbury and Mersea (Blackwater) Fishery Order 2019 management plan” and deposited with the Secretary of State for Environment, Food and Rural Affairs, as updated from time to time in accordance with article 6.

    Right of several fishery

  2. The Secretary of State confers on the Grantee the right of several fishery for—

    (a) clams of the species Mercenaria mercenaria,

    (b) mussels of the species Mytilus edulis, and

    (c) oysters of the species Crassostrea gigas and Ostrea edulis,

    within the limits of the fishery for a period of 20 years beginning with 14 th July 2019.

    Marking out the limits of the fishery

  3. The Grantee must mark out the...

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