Dee Estuary Cockle Fishery Enforcement and Sanctions Guidance

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1 Appendix 2 to 2017 Dee Cockle Fishery Management Plan Review Consultation Dee Estuary Cockle Fishery Enforcement and Sanctions Guidance Enforcement in NRW NRW has an Enforcement Policy to ensure that when we take enforcement decisions they are proportionate to the offence, they are consistent and there is clear reasoning behind the decision. To support this Policy, NRW also has an Enforcement and Sanctions Guidance document which describes how these decisions are taken. A range of tools are available for dealing with non-compliance ranging from advice and guidance to prosecution. The appropriate response will be decided through consideration of a number of public interest factors and with a clear vision of the overall desired outcome, e.g. to deter others from committing similar offences or to bring the offender into regulatory compliance. Dee Estuary Cockle Fishery The legal framework around the regulated cockle fishery on the Dee Estuary is complex and this document has been provided to describe the breaches and offences and our normal criminal responses listed against each. These are indicative only as each case will be assessed as outlined in our Policy and Guidance documents described above. Enforcement and Sanctions Guidance Offences under Article 4 of the Dee Estuary Cockle Fishery Order 2008 and Section 3, sub-section 3 of Sea Fisheries (Shellfish) Act 1967 Fishing for cockles in the area covered by the Order without a licence : Seizure of any instruments, vehicles, vessels and application to court for forfeiture. Return illegally gathered cockle to the beds, providing safe to do so. OR If cockle cannot be returned then sell them to the highest bidder. Page 1 of 5

2 Offences under the Serious Crime Act Section 44 (1) (a) intentionally encouraging or assisting the commission of an offence, or aiding and abetting. Accepting illegally gathered cockles into the processing plants by the processors. Normal criminal enforcement response: Formal caution or Prosecution Breach of Restrictions and Regulations on Harvesting a) Failing to comply with the hand gathering restrictions. seizure of any instruments and application to court for forfeiture. b) Taking of undersized cockle Upon conviction seek consent of Ministers for cancellation of the licence c) Leaving litter, cockle bags or other equipment on the Fishery d) Disturbing or damaging the Fishery without prior written consent of Natural Resources Wales Page 2 of 5

3 e) Use of mechanically driven vehicle on the Fishery without prior written consent of Natural Resources Wales Seizure of vehicle and application to court for forfeiture. Upon conviction seek consent of Ministers for f) Use of a vessel greater than 10 metres by a licence holder for the purpose of removing or receiving cockles Seizure of vessel and application to court for forfeiture. Upon conviction seek consent of Ministers for g) Fishing for cockles during the close season (1 st January to the 30 th June) Upon conviction seek consent of Ministers for cancellation of the licence h) Fishing for cockles between one hour after sunset and one hour before sunrise, Upon conviction seek consent of Ministers for i) Fishing for cockles during the weekly closed period Page 3 of 5

4 Upon conviction seek consent of Ministers for j) Accessing the fishery at non designated landing points or agreed points, except in an emergency Upon conviction seek consent of Ministers for Breach of Conditions of Licences a) Failure to carry licence and make it available for inspection b) Exceeding the allocated individual quota based on the Total Annual Catch (TAC) Upon conviction seek consent of Ministers for c) Failure to complete landing declarations and place them in the designated Natural Resources Wales mailboxes when the beds are open Page 4 of 5

5 Initial response: Suspend licence until compliance is achieved. Upon conviction seek consent of Ministers for d) Allowing any persons to be carried on any vehicles/vessels authorised for use in cockling whilst the licence holder is engaged in cockling activity. e) Allowing any persons (other than licence holders) to assist the licence holder in any way in carrying out cockling activity including raking, riddling, bagging, carrying clearing dead cockle and boat handling. f) Failing to operate a vessel in accordance with any direction given to them by the Dee Conservancy Harbour Master or the Port of Mostyn Harbour Master. (Dee Conservancy Act 1889 and The Harbours Docks and Piers Clauses Act 1847) Upon conviction seek consent of Ministers for g) Using the Landing Bags other than in accordance with L/C15, 16 and 17. Normal criminal enforcement response: First time offence Formal Caution. Repeat offence Upon conviction seek consent of Ministers for Page 5 of 5