Project timeline status
Statutory Consultation
Regulating Orders are granted directly from DEFRA, under the Sea Fisheries (Shellfish) Act 1967. As such Defra has reviewed KEIFCA's application for a Regulating Order for cockles within the Thames Estuary and prepared a draft Order.
Schedule 1 of the Shellfish Act requires that the draft Order be published, following which there is a 30 day period of receipt of representations or objections to the new Thames Estuary Cockle Fishery Order 2024.
A copy of the proposed Order and Management Plan can be found below together with a chart of the locality of the limits of the proposed Order.
Representations or objections concerning the proposed Order should be made by 29 March 2024 to both addresses given below:
Defra Several and Regulation Order Team
Marine & Fisheries Directorate
Seacole Building
2 Marsham Street
London SW1 4DF
or SRO@defra.gov.uk
Kent & Essex Inshore Fisheries and Conservation Authority
Paragon House
Albert Street
Ramsgate
Kent CT11 9HD
or info@kentandessex-ifca.gov.uk
Proposed Regulating Order and Management Plan
About Regulating Orders
Regulating Orders are secondary legislation designed to encourage the setting up and improved management of natural shellfisheries. A Regulating Order may grant exclusive fishing or management rights within a designated area of sea or tidal waters, to specifically regulate one or more named species of shellfish (ie. cockles in the Thames). Regulating Orders are granted directly from DEFRA for a set period, normally 20 to 30 years but can be set to run as long as 60 years.
Under a regulating order it is possible to regulate and restrict fishing for, dredging, or otherwise taking shellfish covered by the order. under a Regulating Order the grantee (KEIFCA) can:
- issue licences to others allowing them to take shellfish within the designated area
- set conditions and restrictions that the licence-holders must observe when they take shellfish
- manage the shellfishery
- exclude unlicensed people from the shellfishery
Grantees of Regulating Orders must also provide DEFRA with annual returns, detailing activity in the fishery on a yearly basis. As they restrict the public right to fish in certain areas, it is important that they are carefully considered before being made. To protect the rights of anyone who has an interest in an area under consideration, all applications must follow a formal procedure laid out by DEFRA and the application process can take up to a year for an order to be granted
More information on Regulating Orders can be found here: https.//www.gov.uk/guidance/shellfisheriesseveral-orders-and-regulating-orders
The objectives and outline of the Order
The Thames Estuary Cockle Fishery Order 2024 (T24) would grant the right to regulate the fishery for cockles within the Thames Estuary to Kent & Essex IFCA (the grantee) under the Sea Fisheries (Shellfish) Act 1967. The Order sets out the right of KEIFCA to regulate the fishery, the regulations that apply to it and provides for a licencing system. T24 would run for 29 years (2025 to 2053) and be split into four 7-year licensing cycles.
Management aims and objectives
KEIFCA's overall aim, or vision, in its management of the Fishery is to:
Seek to maintain both sustainable cockle fisheries in the KEIFCA district as well as the wider ecosystem that it relies on; through this, support a viable local cockle industry, recognising its important long-term contribution to coastal communities, and providing skilled employment.
To achieve this aim, KEIFCA has identified and will pursue four interlinking management objectives. Under each objective a series of questions has been developed to provide a practical framework to help focus future improvements and assess progress of the fishery.
1. Creating a well-managed fishery
a) Does the fishery have a simple framework that is easy for fishers, Authority members and other stakeholders to understand and work within?
b) Is the fishery easy and cost-efficient to administer, and not create too much paperwork for applicants to fill in?
c) Does the fishery have clear rules and regulations and is it straightforward for KEIFCA officers to enforce and fishers to comply with?
2. Creating an environmentally responsible fishery
a) Does the management of the fishery help ensure the cockle stock population is fished within clear limits that take into account stock assessments and breeding stock?
b) Does the management of the fishery assess and monitor the impact of the fishery on the seabed, and strive to make the impact as small as possible?
c) Does the management of the fishery consider the impact of the cockle fishery on the wider ecosystem and support internationally recognised accreditation systems?
3. Helping support a prosperous and resilient local coastal economy
a) Does the fishery provide a framework that will help sustain a viable long-term cockle industry in the KEIFCA district?
b) Does the fishery help support local skilled employment?
c) Does the fishery help assist long-term investment and growth in the local economy, supporting local shore side infrastructure and supply chains?
d) Does the fishery 'add value' to the cockles that are caught in the cockle fishery?
4. To strengthen and support our local dynamic coastal community
a) Does the fishery provide fair opportunities for individuals and businesses, and help support young or new fishers?
b) Does the fishery help encourage businesses to invest in a safe and skilled workforce?
c) Does the fishery help support the heritage and culture of the cockle fishery, including supporting local tourism associated with the Thames cockle fishery?
Outline of the cockle management development process
There has been an extensive 5-step process to review and develop cockle management in the KEIFCA district, which started in September 2021. In the final step, the draft wording of T24 and the associated management plan went through an extensive consultation process before an updated version was sent to DEFRA
Boundaries
The northern and eastern boundaries of T24 continue to be the same as the Port of London Authority limits and the previous TECFO 1994 boundaries, however the southern boundary of T24 has been moved further north. The boundaries are specified in the T24 legal wording. The areas which were within TECFO 1994, but are not within T24 will be regulated by the KEIFCA Cockle Fishery Flexible Permit Byelaw.
Regulations and Licence Conditions
The majority of the regulations and licence conditions which apply to T24 are the same as those contained within TECFO 1994. The regulations are set out in Schedule 1 of the T24 legal wording. The licence conditions are set out in Schedule 2 of the T24 legal wording. As is the case in TECFO 1994, the regulations and licence conditions in T24 can be changed with the agreement of the Minister.
T24 provides for the issue of licences for the fishery on a 7-year cycle; this is set out in the T24 legal wording. Every 7 years an open application system takes place where anyone can apply for a 7-year licence, the details of which can be found in the management plan shown previously on this page. Once an applicant has a 7-year licence, they must apply to renew it on an annual basis in order for it to continue for the full 7 years. If the licence holder does not apply to renew the licence on an annual basis, they lose the right to renew for the remainder of the 7-year period
Thames Estuary Cockle Fishery (No.2) Order 2024
The Thames Estuary Cockle Fishery (No.2) Order 2024 was made by Parliament and came into force on 18 December 2024.
To view a copy of the order click the link above or go to The Thames Estuary Cockle Fishery (No. 2) Order 2024
See below for the management plan