
2019 No. 1042 (W. 184)
Sea Fisheries, WalesConservation Of Sea Fish
The Whelk Fishing (Wales) Order 2019
Made 24 June 2019
Laid before the National Assembly for Wales 25 June 2019
Coming into force 4 July 2019
The Welsh Ministers make the following Order in exercise of the powers conferred by sections 1(1), 1(3) 1(4), 1(6), 5(1) and 5(2) of the Sea Fish (Conservation) Act 1967 , now vested in them .
Title, commencement and application
1 

(1) The title of this Order is the Whelk Fishing (Wales) Order 2019 and it comes into force on 4 July 2019.
(2) Subject to paragraph (3), this Order applies in relation to Wales.
(3) Articles 3 and 5 apply in relation to the Welsh zone.
Interpretation
2 
In this Order, unless the context requires otherwise—
 “the Act” (“y Ddeddf”) means the Sea Fish (Conservation) Act 1967 ;
 ...
 “Specified minimum size” (“maint lleiaf penodedig”) means—
(i) 55 millimetres before 4 July 2020, and
(ii) 65 millimetres on and after 4 July 2020;
 “Wales” (“Cymru”) has the meaning given in section 158 of the Government of Wales Act 2006 ;
 “Welsh zone” (“parth Cymru”) has the meaning given in section 158 of the Government of Wales Act 2006 ; and
 “Whelk” (“cregyn moch”) means shellfish of the species Buccinum undatum.
Fishing prohibition for specified whelk
3 
It is prohibited for a  fishing boat
                          to fish for whelk with a size of less than the specified minimum size.
Prohibition on landing of specified whelk
4 
For the  purposes  of section 1(1) of the Act (which prohibits the landing of any sea fish of any description which does not meet the requirements as to size as may be prescribed in relation to sea fish of that description) it is prescribed that the minimum size for whelk is the specified minimum size.
Prohibition on carriage of specified whelk
5 

(1) For the purposes of section 1(3) of the Act (which prohibits the carriage on specified fishing boats of any sea fish of any description which does not meet the requirements as to size prescribed in relation to sea fish of that description), whelk with a size of less than the specified minimum size may not be carried by a  fishing boat  that has fished in the Welsh zone during that boat’s current fishing trip.
(2) In this article, “current fishing trip” means the time from when the fishing boat departed from a port to the time when it returns to a port.
Measurement of whelk
6 
For the purposes of articles 3, 4 and 5, the size of a whelk is to be measured in accordance with paragraph 6 of Annex 6 to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures.
Revocation and Amendments
7 

(1) Byelaw 11 (Whelk – Minimum Size)  of the former South Wales Sea Fisheries Committee  is revoked.
(2) In Byelaw 19 (Specified Fish Sizes)  of the former North Western and North Wales Sea Fisheries Committee ,in the Table specifying minimum shellfish size, delete the row relating to Whelk.
(3) In the Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010 , in the Table in Schedule 3, delete the row relating to Byelaw 11.
Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers
