Sea Fisheries, England Citation, commencement and extent 1 This Order— a may be cited as the Thames Estuary Cockle Fishery (No. 2) Order 2024; b comes into force— i as regards articles 1 and 14, immediately before 4th December 2024; ii otherwise, on 18th December 2024; and c extends to England and Wales. Interpretation 2 In this Order— “ the Act ” means the Sea Fisheries (Shellfish) Act 1967; “ the application window ” means the period prescribed by the Authority in which an application for a licence or transitional period licence must be submitted; “ the Authority ” means the Kent and Essex Inshore Fisheries and Conservation Authority established under section 149 of the Marine and Coastal Access Act 2009 and as defined in articles 2 and 4 of the Kent and Essex Inshore Fisheries and Conservation Order 2010 ; “ cockle ” means any shellfish of the genus Cerastoderma; “ fisheries offence ” means any offence under any UK fisheries legislation other than that specified by the definition of “relevant offence”; “ licence holder ” means the person or company named on a licence issued by the Authority under this Order permitting that person to dredge, fish for or take cockles within the regulated fishery; “ the regulated fishery ” means that part of the Thames Estuary described in Schedule 1; “ relevant fishing vessel ” means a vessel— registered in accordance with Part 2 of the Merchant Shipping Act 1995 and the Merchant Shipping (Registration of Ships) Regulations 1993 ; and in respect of which there is a valid fishing licence issued under the Fisheries Act 2020 ; “ relevant offence ” means any offence under the Sea Fisheries (Shellfish) Act 1967 or section 292 of the Marine and Coastal Access Act 2009; “ transitional period licence ” means a licence to dredge, fish for or take cockles within the regulated fishery issued pursuant to article 6. Right of regulating a fishery and duration of right 3 1 The Secretary of State confers on the Authority the right of regulating a fishery for cockles in relation to the regulated fishery for a period of 28 years beginning on 18th December 2024. 2 The Authority continues to be constituted as a body corporate for the purposes of this Order. Regulations and restrictions applicable in respect of the regulated fishery 4 1 A person must not dredge, fish for or take cockles within the regulated fishery unless that person is permitted to do so under the terms of a licence issued by the Authority. 2 A person must produce a copy of their licence if requested to do so by an officer of the Authority and must not dredge, fish for, or take cockles within the regulated fishery until the licence has been produced. 3 Schedule 2 (regulations and restrictions applicable to the fishery) has effect. Application for a licence, licence terms and duration of licences 5 1 Applications to the Authority for a licence to dredge, fish for or take cockles within the regulated fishery (“ a licence ”) must be made within the application window and in such manner as the Authority may determine. 2 The Authority may only issue one licence per person. 3 A licence is valid for 12 months from the date specified on the licence and can be renewed annually for a period of 7 years in accordance with paragraph (6). 4 A relevant fishing vessel named on a licence must be owned by the licence holder. 5 Only one relevant fishing vessel may be named on a licence at any one time. 6 Subject to paragraphs (7) to (10), for a period of up to 7 years beginning with the date the licence was first issued, the Authority must renew a licence annually upon an application by the licence holder made in such manner as the Authority may determine. 7 If the licence holder fails to apply for an annual renewal of a licence within 4 weeks of the licence’s expiry, the right of renewal for the remainder of the 7-year period applicable to that licence is lost. 8 In the event a right of renewal under paragraph (7) is lost, the Authority may reissue the licence to another applicant in accordance with the procedure prescribed by the Authority, including the right to annually renew that licence for the remainder of the 7-year period. 9 If a person named as the nominated master of a licensed vessel is found guilty of any combination of two or more fisheries or relevant offences within any consecutive 2-year period, that person must not be named as the nominated master on a vessel operating under the authority of a licence issued under this Order for a period of 12 months, beginning with the date of the last relevant conviction. 10 If, within any consecutive 2-year period, the licence holder is found guilty of two or more relevant offences— a that licence holder’s licence is suspended for 12 months, beginning with the date of the last relevant conviction, and b the licence holder loses the right to fish within the regulated fishery during the suspension period. 11 The Authority may attach conditions to a licence as set out in Schedule 3. 12 A person (“ P ”) is not eligible to be issued with a licence or to have a licence renewed under this article before 18th December 2031 if— a P, or a shareholder or officer of P, was on 30th January 2024 a shareholder or officer of a company (“ C ”); and b C has been issued with a transitional period licence under article 6. Transitional Period Licence 6 1 The Authority may issue a transitional period licence within the first 7 years of the date of this Order, if the applicant— a on 30th January 2024, owned and operated a relevant fishing vessel named on a licence to dredge, fish for, or take cockles issued under the Thames Estuary Cockle Fishery Order 1994 ; b is making an application for a transitional period licence for the first time under the provisions of this Order; c is not also making an application for a licence under article 5; and d satisfies the conditions specified in paragraph (5). 2 Applications to the Authority for a transitional period licence to dredge, fish for or take cockles within the regulated fishery must be made within the application window and in such manner as the Authority may determine. 3 The Authority may only issue one transitional period licence per person. 4 Paragraphs (2) to (11) of article 5 apply to a transitional period licence as if it were a licence issued under that article. 5 The conditions specified for the purposes of paragraph (1)(d) are that— a the applicant provides the Authority with a 7-year business plan; and b where the licence holder is to be a company, that company is in the same legal and beneficial ownership as it was on 30th January 2024. 6 Subject to paragraph (7), a transitional period licence ceases to be valid if— a where the licence holder is to be a company, that company changes either legal or beneficial ownership or both at any time during the 7-year period referred in to in article 5(6); or b during the 7-year period referred to in article 5(6), i a winding up petition is filed and approved for the winding up of the company, a winding up order is made, and an effective resolution is passed for the winding up of that company in any jurisdiction, ii an Administrator, Administrative Receiver or a Receiver is appointed over the undertaking or property of the company, or iii the company suspends payment, ceases to carry on its business, or fails to make special arrangements or composition with its creditors. 7 Notwithstanding paragraph (6), a transitional period licence continues to be valid if— a a licence holder or shareholder dies or suffers physical or mental incapacity during the term of the transitional period licence, b the Authority is notified in writing, c an application is made in writing to the Authority for the transitional period licence to continue, giving details of any changes to the legal or beneficial ownership of the company, and d the Authority approves the application and the continuation of the transitional period licence. Tolls and fees payable 7 1 An annual toll of £10,885 must be paid to the Authority by any person licensed by the Authority to dredge, fish for or take cockles within the regulated fishery. 2 The Authority may not issue a licence or a transitional period licence to a person until that person has paid a toll. 3 The Authority may, with the consent of the Secretary of State, vary the toll from time to time. Power to create reserves 8 1 The Authority may from time to time designate and mark out as reserves, such parts of the regulated fishery as it thinks necessary for— a experimental, management or scientific purposes, including the control of pests, control of competing species or control of diseases of cockles; b cleansing and subsequent restocking with cockles and the protection of stock introduced; c the collection of spat of cockles; or d the deposit or re-laying of cockles for the purposes of cleansing before their removal from the regulated fishery. 2 The Authority may use such reserves for their designated purposes and prohibit their use for any other purpose connected with or ancillary to the dredging, fishing for or taking of cockles. Power to remove juvenile cockles 9 For the purposes of cultivating the regulated fishery any person authorised by the Authority may remove any spat or small cockles from the regulated fishery, or from one part of the regulated fishery to any other part, at such times and in such quantities as the Authority may direct. Exemptions for scientific and fisheries management purposes 10 The Authority may, by authority given in writing, exempt any person who is dredging, fishing for, or taking cockles for scientific or fisheries management purposes from any provision of, or made under, this Order. Accounts of income and expenditure and other information 11 1 The Authority must provide the Secretary of State with annual accounts of its income and expenditure under this Order. 2 The Authority must comply with any request for information made by the Secretary of State relating to this Order. 3 The Authority must allow any person authorised by the Secretary of State to inspect the fishery and all accounts and other documents in the possession of the Authority relating to this Order and to the regulated fishery and must give that person any information relating to these matters which that person may require. Rights of landowners and lessees 12 Nothing in this Order or in any restriction imposed under it or regulation made under it prejudicially affects any right of a person who owns any part of the fishery area or of any person to whom such a person has granted a lease in respect of the fishery area. Lawful activities of statutory undertakers 13 1 Nothing in this Order or in any restriction imposed under it or regulation made under it prejudicially affects the lawful activities of a statutory undertaker exercising its statutory functions or authority. 2 “ Statutory undertaker ” has the meaning given by article 2(1) of the Town and Country Planning (General Permitted Development) (England) Order 2015 . Revocation 14 The Thames Estuary Cockle Fishery Order 2024 is revoked. Daniel Zeichner Minister of State Department for Environment, Food and Rural Affairs 22nd November 2024