Several and Regulating Orders
The right to collect named species
of molluscan shellfish and crustacea may be assigned
exclusively to named individuals, companies, organisations,
or local communities under a Several Order. This
completely removes (or severs) the public
right to fish for (a) named species in a certain
area for the purpose of developing the fishery.
Additionally, Section 7 (Protection of fisheries)
of the Sea Fisheries (Shellfish) Act 1967 establishes
a system for protecting the named shellfish from
harm, such as may potentially be caused by disturbance
of the shore during the collection of species not
named in the Several Order. Bait digging, stone
turning or the installation of crab tiles may, therefore,
potentially be controlled under Section 7(4)(e)
within an area covered by a Several Order. In this
way, Several Orders may indirectly bring opportunities
for management measures that are of benefit to the
conservation of biodiversity as well as the fishery
concerned, for example by regulating bait digging
activity which would be equally detrimental to e.g.
cockle stocks as to wildlife and habitats.
In Scotland, Several Orders provide,
inter alia, the principal tool for bringing
management of shellfisheries more directly under
the control of local communities (A. Downie pers.
A Regulating Order allows a wider
range of controls to be made to regulate a public
fishery. The fishery remains a public fishery, but
the Order generally requires a license to be obtained
by all individuals wishing to fish. Licenses may
be granted to every applicant, laying out the conditions
under which fishing is permitted (e.g. using specified
methods or setting quotas), or more usually only
to a limited number of fishermen, thus managing
fishing effort. The protection afforded by section
7(4)(e) of the Sea Fisheries (Shellfish) Act 1967
does not apply to Regulating Orders. This form of
Order is usually granted to public bodies (i.e.
Sea Fisheries Committees in England and Wales, Local
Authorities, or any other suitable body or consortia
of organisations (e.g. a consortium in Shetland
including the local authority, fishermens
association, Scottish Natural Heritage and others).