Benin - Technical Assistance Project For Plannign & Economic Management : Credit 1530 - Credit Agreement - Conformed
The fisheries objectives are—
the sustainability objective,
the precautionary objective,
the ecosystem objective,
the scientific evidence objective,
the bycatch objective,
the equal access objective,
the national benefit objective, and
the climate change objective.
The “sustainability objective” is that—
fish and aquaculture activities are—
environmentally sustainable in the long term, and
managed so as to achieve economic, social and employment benefits and contribute to the availability of food supplies, and
the fishing capacity of fleets is such that fleets are economically viable but do not overexploit marine stocks.
The “precautionary objective” is that—
the precautionary approach to fisheries management is applied, and
exploitation of marine stocks restores and maintains populations of harvested species above biomass levels capable of producing maximum sustainable yield.
The “ecosystem objective” is that—
fish and aquaculture activities are managed using an ecosystem-based approach so as to ensure that their negative impacts on marine ecosystems are minimised and, where possible, reversed, and
incidental catches of sensitive species are minimised and, where possible, eliminated.
The “scientific evidence objective” is that—
scientific data relevant to the management of fish and aquaculture activities is collected,
where appropriate, the fisheries policy authorities work together on the collection of, and share, such scientific data, and
the management of fish and aquaculture activities is based on the best available scientific advice.
The “bycatch objective” is that—
the catching of fish that are below minimum conservation reference size, and other bycatch, is avoided or reduced,
catches are recorded and accounted for, and
bycatch that is fish is landed, but only where this is appropriate and (in particular) does not create an incentive to catch fish that are below minimum conservation reference size.
The “equal access objective” is that the access of UK fishing boats to any area within British fishery limits is not affected by—
the location of the fishing boat's home port, or
any other connection of the fishing boat, or any of its owners, to any place in the United Kingdom.
The “national benefit objective” is that fishing activities of UK fishing boats bring social or economic benefits to the United Kingdom or any part of the United Kingdom.
The “climate change objective” is that—
the adverse effect of fish and aquaculture activities on climate change is minimised, and
fish and aquaculture activities adapt to climate change.
In this section—
P's spouse or civil partner,
“family member”, in relation to an individual (“P”), means—
A sea fish licensing authority may from time to time— A sea fish licensing authority may suspend or revoke a sea fishing licence it has granted if this appears to it to be— Where— the authority may, if it considers it appropriate in all the circumstances of the case, refund the whole or part of the charge.
A sea fish licensing authority may exercise its licensing functions so as to limit— to such extent as appears to it to be necessary or expedient for the regulation of sea fishing.
the number of fishing boats, or any class of fishing boats, engaged in fishing in any area, or
fishing in any area for any description of fish,
Provision which could be included in regulations made by the Scottish Ministers under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Scottish Ministers. Provision which could be included in regulations made by the Welsh Ministers under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Welsh Ministers. Provision which could be included in regulations made by the Northern Ireland department under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Northern Ireland department.
The Sea Fish (Conservation) Act 1967 is amended as follows. Omit section 4 (licensing of fishing boats). In section 4AA (restrictions on time spent at sea: appeals)— In section 4B (regulations supplementary to sections 4 and 4A)— In section 4C (provisions supplementary to sections 4 and 4A: evidence)— In section 9 (exemption for operations for scientific and other purposes), in subsection (5), omit “4,”. In section 11 (penalties for offences)— In section 14 (jurisdiction of court to try offences), omit “4,”. In section 15 (powers of British sea-fishery officers for enforcement of Act)— In section 18 (enforcement of orders in relation to salmon and migratory trout)— In section 20 (orders)— In section 22 (interpretation)— In section 22A (application to Scotland)—
In the Sea Fish (Conservation) Act 1992, omit section 1 (which amends section 4 of the Sea Fish (Conservation) Act 1967).
The Sea Fish (Specified Manx Waters) Licensing Order 1990 (S.I. 1990/2051) is revoked.
The Sea Fishing (Licences and Notices) Regulations 1994 (S.I. 1994/2813) are amended as follows. In regulation 1 (citation, commencement and interpretation)— In regulation 2 (communication of licences and notices)— In regulation 3 (delivery of licences and giving of notices)— In regulation 4 (time at which licences and notices to have effect)—
The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (S.S.I. 2011/70) are amended as follows. In regulation 1 (citation, commencement, extent and application)— In regulation 2 (interpretation)— In regulation 3 (communication of licences and notices)— In regulation 4 (delivery of licences and giving of notices)— In regulation 5 (time at which licences and notices to have effect), in paragraph (a)—
The Sea Fish Licensing (England) Order 2015 (S.I. 2015/647) is revoked.
The Sea Fish Licensing (England) (EU Exit) Regulations 2019 (S.I. 2019/523) (which have not come into force) are revoked.
The Fishing Boats Designation (EU Exit) (Scotland) Order 2019 (S.S.I. 2019/345) (which has not come into force) is revoked.
The Northern Ireland department may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes— Financial assistance given under, or under arrangements made pursuant to, sub-paragraph (1) must be given in accordance with a scheme established by regulations made by the Northern Ireland department. The scheme may only provide for financial assistance to be given— The scheme may— In sub-paragraph (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about— The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018). The scheme may include provision under which— Regulations under this paragraph are subject to the affirmative resolution procedure. In this paragraph—
The Northern Ireland department may by regulations make provision for it to impose charges in respect of the exercise by it of a relevant marine function. “Relevant marine function” means a function relating to— The charges which may be authorised by the regulations are— The regulations may include provision about— The regulations may confer a discretion on the Northern Ireland department. A power conferred on the Northern Ireland department under sub-paragraph (1) does not affect, and is not affected by, any other power of it to impose charges. Before making regulations under sub-paragraph (1) the Northern Ireland department must consult such persons as it considers appropriate. Regulations under sub-paragraph (1) are subject to the negative resolution procedure. In sub-paragraphs (1) to (8)—
In this Schedule—
paragraphs 2 to 13 make amendments of retained direct EU legislation (as amended by regulations made under section 8(1) of the European Union (Withdrawal) Act 2018),
paragraph 15 makes transitional provision, and
paragraph 16 makes consequential amendments.
The Scallops (Irish Sea) (Prohibition of Fishing) Order 1984 (S.I. 1984/1523) is amended as follows. In article 2 (prohibition), after “British-owned fishing boat” insert “ or foreign fishing boat ”.
The Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 (S.I. 2000/874) is amended as follows. In article 3 (fishing prohibition)— In article 4 (landing prohibition)— In article 4A (berried lobsters and crawfish), in paragraph (1), for sub-paragraphs (a) and (b) substitute “any fishing boat”. In article 5 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—
The Prohibition of Fishing with Multiple Trawls Order 2001 (S.I. 2001/650) is amended as follows. In article 3 (prohibition of method of fishing), in paragraph (1)(b), after “Scottish fishing boat” insert “, or foreign fishing boat,”. In article 4 (power of British sea-fishery officers in relation to fishing boats), in paragraph (1)(b), after “Scottish fishing boat” insert “, or foreign fishing boat,”.
The Prohibition of Fishing with Multiple Trawls Order 2003 (S.I. 2003/1559) is amended as follows. In article 3 (prohibition of method of fishing), in paragraph (1)(b), for “Scottish fishing boat or Northern Ireland fishing boat” substitute “other fishing boat”. In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—
The Tope (Prohibition of Fishing) Order 2008 (S.I. 2008/691) is amended as follows. In article 2 (application), omit paragraph (2). In article 6 (powers of British sea-fishery officers), in paragraph (1) at the end insert —
The Scallop Fishing (Wales) (No 2) Order 2010 (S.I. 2010/269 (W.33)) is amended as follows. In article 2 (interpretation)— In each of the provisions specified in sub-paragraph (4)— The provisions are— In article 12 (prohibition on dredging)—
The Scallop Dredging Operations (Tracking Devices) (Wales) Order 2012 (S.I. 2012/2729 (W.292)) is amended as follows. In article 2 (interpretation)— In each of the provisions specified in sub-paragraph (4)— The provisions are—
The Prohibition of Fishing for Scallops (Scotland) Order 2003 (S.S.I. 2003/371) is amended as follows. In articles 3 and 4 (prohibitions of fishing for king scallops) for “a Scottish fishing boat or by any relevant British” substitute “any”. In article 6 (powers of British sea-fishery officers), in paragraph (1)(b), for “relevant British” substitute “other”.
The Regulation of Scallop Fishing (Scotland) Order 2017 (S.S.I. 2017/127) is amended as follows. In article 2 (interpretation), omit the definition of “British fishing boat”. In article 3 (prescribed minimum size for landing king scallops)— In article 4 (restrictions on number of scallop dredges), in the opening words, omit “British”. In article 5 (exemption from restrictions in article 4), in paragraphs (1), (2), (3)(a) and (4)(a), omit “British”. In article 6 (requirement to install a functioning remote electronic monitoring system), in paragraphs (1) and (3), omit “British”.
The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2019 (S.S.I. 2019/419) is amended as follows. In article 2 (interpretation), in paragraph (1), omit the definition of “British fishing boat”. In article 3 (prohibited methods of fishing), in paragraphs (1), (2) and (3), omit “British”.
The Northern Ireland department may by regulations make provision— “A conservation purpose” means any of the following— “A fish industry purpose” means any of the following— Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about— In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)— Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—
Regulations under paragraph 11 or 13 may— Regulations under paragraph 11 or 13 may create a criminal offence, but not one punishable with imprisonment. Regulations under paragraph 11 or 13 may only include provision which would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly. Regulations under paragraph 11 or 13 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats). The reference in sub-paragraph (4) to “modifying” a function of a person under an enactment includes— A power to make regulations under paragraph 11 or 13 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule and section 52 so far as it applies for the purposes of those enactments). In sub-paragraph (6) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.
an Act of the Scottish Parliament,
Sections 3, 5 and 8
Section 13
Section 18
Section 22
Section 27
The Welsh Ministers may by regulations make provision for the sale of—
rights to use one or more Welsh catch quotas;
rights to use one or more Welsh effort quotas.
A right to use a Welsh catch or effort quota that is sold in accordance with the regulations is exercisable in relation to such fishing boats, by such persons, in such manner, and subject to such conditions, as may be specified in or in accordance with the regulations.
The regulations may include provision—
for rights to be sold by competitive tender or auction;
for a competitive tender process or auction to be run by such person as the regulations may designate;
conferring functions (including functions involving the exercise of a discretion) on a person running a competitive tender process or auction, or on any other person;
specifying persons, or descriptions of person, who are eligible or ineligible to buy rights;
requiring a person to pay a deposit, or do any other thing, in order to be eligible to buy rights;
requiring or prohibiting the repayment of a deposit;
setting, or conferring power to set, limits on the rights that may be bought by a person or description of person;
requiring or permitting rights to be sold, or not to be sold, to a person who meets such conditions (whether relating to the price offered for the rights or otherwise) as may be specified in or in accordance with the regulations;
for terminating a competitive tender process or auction where there has been, or appears to the person running the competitive tender process or auction to have been, a failure to comply with the regulations;
about how and when—
payments for rights are to be made, and
payments received are to be dealt with;
allowing or requiring rights sold in accordance with the regulations to a person to be transferred to, or be exercised by, another person;
prohibiting rights sold to a person in accordance with the regulations from being transferred to, or being exercised by, another person;
for extinguishing or limiting rights sold in accordance with the regulations where any amount due in respect of them is not paid, or any condition attached to the exercise of the rights is not met;
for the payment of compensation to a person who holds but does not use rights sold in accordance with the regulations;
about appeals relating to eligibility for, or the outcome of, a tender process or auction;
requiring a person running a tender process or auction to issue guidance.
The Welsh Ministers must exercise their functions so as to secure (so far as possible) that— as a result of the exercise of rights sold in accordance with the regulations.
fishing boats are not used in contravention of section 14(1) (prohibition on fishing without authority of licence), and
conditions attached to sea fishing licences under paragraph 1 of Schedule 3 are not broken,
Before making regulations under this Schedule the Welsh Ministers must consult such persons as they think appropriate.
Regulations under this Schedule are subject to the affirmative resolution procedure.
In this Schedule—
caught, harvested or made, or
The Welsh Ministers may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes— Financial assistance given under, or under arrangements made pursuant to, sub-paragraph (1) must be given in accordance with a scheme established by regulations made by the Welsh Ministers. The scheme may only provide for financial assistance to be given— The scheme may— In sub-paragraph (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about— The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018). The scheme may include provision under which— Regulations under this paragraph are subject to the affirmative resolution procedure. In this paragraph—
The following schemes made under section 15 of the Fisheries Act 1981 have effect as if contained in regulations made under section 33— The following schemes made under section 15 of the Fisheries Act 1981 have effect as if contained in regulations made under paragraph 1— The Fishing Boats (Satellite - Tracking Devices and Electronic Transmission of Fishing Activities Data) (Wales) Scheme 2012 (S.I. 2012/3172 (W.318)) (made under section 15 of the Fisheries Act 1981) has effect as if contained in regulations made under paragraph 2. The schemes mentioned in sub-paragraphs (1) to (3) have effect as if any reference in them to an offence under section 17 of the Fisheries Act 1981 were to conduct that would have constituted an offence under that section had Part 2 of that Act not been repealed. The following schemes were made under Part 2 of the Fisheries Act 1981 or section 31 of that Act, are not saved by virtue of sub-paragraphs (1) to (3), and are therefore revoked by virtue of paragraph 4(1)—
Section 33
Section 34
Section 42
Section 47
The Conservation of Seals Act 1970 is amended in accordance with paragraphs 2 to 12.
For section 1 (prohibited methods of killing seals) substitute—
Omit section 2 (close seasons for seals).
Omit section 3 (orders prohibiting killing seals).
In section 4 (apprehension of offenders and powers of search and seizure), in subsection (1), in paragraph (c) for “seal, seal skin, firearm, ammunition or poisonous” substitute “seal, item or”.
In section 6 (forfeitures), for the words from “any seal or seal” to the end substitute—
In section 8 (attempt to commit offence), in subsection (2)—
after “poisonous” insert “or explosive”;
after “substance” insert “, any explosive article”;
omit “the use of which is prohibited by section 1(1)(b) of this Act”.
In section 9 (general exceptions)—
in subsection (1)—
for “2 or 3” substitute “1”;
in paragraph (a), omit “otherwise than by his act”;
omit paragraphs (b) and (c);
in subsection (2)—
omit “, 2 or 3”;
omit “otherwise than by his act”.
In section 10 (power to grant licences)—
in subsection (1), in paragraph (c)—
omit sub-paragraphs (i) and (iii) (but not the “or” after paragraph (iii));
after sub-paragraph (ii) insert—;
after subsection (1) insert—
In section 11 (entry upon land)—
in subsection (1), omit paragraph (b);
in subsection (2), omit paragraph (d);
in subsection (4)—
omit the words from “, or in the” to “28 days’ notice,”;
omit the words from “; and in the case” to the end;
omit subsection (5).
Omit section 14 (orders).
In section 15 (interpretation), at the appropriate places insert—; ; .
The Wildlife (Northern Ireland) Order 1985 (1985/171 (N.I. 2)) is amended in accordance with paragraphs 14 to 19.
In Article 10 (protection of certain wild animals), in paragraph (4A), for paragraphs (a) and (b) substitute—.
In Article 11 (exceptions to Article 10)—
after paragraph (1) insert—;
after paragraph (3) insert—
In Article 18 (power to grant licences), after paragraph (3) insert—
Seal Pinniped
Seal Pinniped
Seal Pinniped
Section 48
The Marine and Coastal Access Act 2009 is amended as follows.
Section 24 (research) is amended as follows. After subsection (2) insert— In subsection (3), after “Subsection (2)” insert “or (2A)”. After subsection (3) insert—
Section 25 (advice, assistance and training facilities) is amended as follows. After subsection (3) insert— After subsection (4) insert—
Section 26 (provision of information etc) is amended as follows. After subsection (1) insert— In subsection (2), at the end insert “or the duty imposed by subsection (1A)”. After subsection (2) insert—
In section 27 (power to charge for services), in subsection (3)—
in paragraph (b), after “24(2)” insert “or (2B)”;
in paragraph (c), for “or (4)” substitute “”, (3A), (4) or (5)”.
The Marine and Coastal Access Act 2009 is amended in accordance with paragraphs 7 to 31.
In the heading of Chapter 1 of Part 5, after “marine conservation zones” insert “and management of sea fisheries”.
Section 117 (grounds for designation of MCZs) is amended as follows. In subsection (4), for “The reference in subsection (1)(a)” substitute “Any reference in this Chapter”. In subsection (5), for “The references in subsection (1)(a) and (b)” substitute “Any reference in this Chapter”. In subsection (6), after “Any reference” insert “in this Chapter”.
In the italic heading before section 129, for “protection of MCZs etc: England” substitute “marine conservation: England and the English offshore region”.
In section 129 (byelaws for protections of MCZs in England), in subsection (7), for “subject to specified exceptions” substitute—
After section 129 insert—
Section 130 (byelaws: procedure) is amended as follows. In subsection (1) after “129” insert “, 129A or 129B”. In subsection (2), after “the byelaw” insert “is made under section 129 or 129A and”. After subsection (2) insert— In subsections (8) and (9), after “129” insert “, 129A or 129B”. In subsection (11), for the words from “where” to the end substitute “in relation to a byelaw made by virtue of section 131 (emergency byelaws)”.
Section 131 (emergency byelaws) is amended as follows. In subsection (1), after “that purpose” insert “under section 129”. After subsection (1) insert— In subsection (8)(a), after “MCZ” insert “, or under section 129B in respect of the English offshore region,”.
Section 132 (interim byelaws) is amended as follows. After subsection (1) insert— In subsection (2), after “subsection (1)” insert “or (1A)”. In subsection (4), for “an interim byelaw” substitute “a byelaw made under subsection (1)”. After subsection (4) insert—
Section 133 (further provision) is amended as follows. In subsection (1) for “or 132” substitute “, 129A, 129B or 132(1) or (1A)”. In subsection (3), after “applies” insert “is made under section 129, 129A or 132(1) and”. After subsection (3) insert — In subsection (6) after “129” insert “or 129A”. After subsection (6) insert—
In the italic heading before section 134, for “protection of MCZs etc: Wales” substitute “marine conservation: Wales and the Welsh offshore region”.
After section 134 insert—
Section 135 (consultation) is amended as follows. In the heading, after “134” insert “, 134A or 134B”. In subsection (1), after “section 134” insert “or 134A”. After subsection (1) insert— In subsection (2), after “134” insert “, 134A or 134B”. In subsection (4)—
Section 136 (interim orders) is amended as follows. After subsection (1) insert— In subsection (2), after “subsection (1)” insert “or (1A)”. In subsection (4), for “an interim order” substitute “an order made under subsection (1)”. After subsection (4) insert—
Section 137 (further provision) is amended as follows. In the heading, after “134” insert “134A, 134B”. In subsection (1), for “or 136” substitute “, 134A, 134B or 136(1) or (1A)”. In subsection (2), at the end insert “and (in the case of an order under section 134B) to any person consulted under section 135(1A)”.
After section 137 insert—
Section 138 (hearings) is amended as follows. In the heading, omit “by Secretary of State or Welsh Ministers”. In subsection (1)(a) for “section 129” substitute “this Chapter”. In subsection (2)— After subsection (2) insert— In subsections (3), (4) and (5), after “Welsh Ministers” insert “, the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland”.
Section 139 (offences) is amended as follows. In subsection (1)— For subsection (2) substitute— In subsection (4), for “England and Wales” substitute “the United Kingdom”.
In section 141 (exceptions), in subsection (1)(c)(i), for “or 134(4)” substitute “129C(3), 134(4), 134C(3), 137A(6) or 137E(6)”.
In section 142 (fixed monetary penalties), in subsection (1), omit “(other than the Scottish offshore region)”.
Section 147 (interpretation) is amended as follows. In subsection (1)— After subsection (2) insert—
In section 166 (powers of IFC officers), in subsection (1)(e), after “129” insert “, 129A, 129B”.
In section 189 (power of Welsh Ministers in relation to fisheries in Wales)—
in subsection (1), for “Subject to subsection (2), the” substitute “The”;
omit subsection (2).
Section 237 (enforcement of nature conservation legislation) is amended as follows. In the heading, after “conservation” insert “or fisheries exploitation”. In subsection (1), after “legislation” insert “or the fisheries exploitation legislation”. In subsection (2)— After subsection (2) insert— In subsection (3), after “legislation” insert “or the fisheries exploitation legislation”. In subsection (8), after “legislation” insert “or the fisheries exploitation legislation”. After subsection (9) insert— In subsection (11), after “(9)(b)” insert “or (9A)”. After subsection (13) insert—
In section 238(3), after paragraph (d) insert—.
Section 316 (regulations and orders) is amended as follows. In subsection (4)(a)— In subsection (6), before paragraph (a) insert—.
In the Water Resources Act 1991, in Schedule 25, paragraph 5(4) (byelaws for flood defence and drainage purposes) is amended as follows. In paragraph (b)— In paragraph (c)—
Section 49
the Scottish Ministers,
In Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products, in Article 41 (exceptions to the application of competition rules), in paragraph 2(f), for “objectives specified in Article 2 of Regulation 1380/2013” substitute “fisheries objectives”.
In Regulation (EU) 2016/2336 of the European Parliament and of the Council establishing specific conditions for fishing for deep sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic, in Article 1 (objectives), in paragraph 1, for “objectives listed in Article 2 of Regulation (EU) No 1380/2013” substitute “fisheries objectives”.
Regulation (EU) 2018/973 of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea is amended as follows. In Article 1 (subject-matter and scope), in paragraph 1— In Article 3 (objectives)— In Article 4 (targets)— In Article 5 (management of by-catch stocks)— In Article 6 (conservation reference points), for “A fisheries administration” substitute “The Secretary of State”. In Article 7 (safeguards)— In Article 12 (fishing authorisations and capacity ceilings), in paragraph 1— In Article 13 (principles and objectives of management of stocks of common interest)—
Commission Delegated Regulation (EU) 2019/2238 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021 is amended as follows. In Article 3 (exemptions for Norway lobster)— In Article 6 (exemption for plaice)— In Article 8 (exemption for turbot), omit paragraph 2. In Article 10 (de minimis exemptions)—
This paragraph applies until the first JFS comes into effect. The Common Fisheries Policy Regulation (as amended by this Schedule) has effect as if— Regulation (EU) 2018/973 (as amended by this Schedule) has effect as if in Article 13(1), after “Regulation” there were inserted “and that contributes to the achievement of the fisheries objectives”. Regulation (EU) 2019/472 (as amended by this Schedule) has effect as if in Article 15(1), after “Regulation” there were inserted “and that contributes to the achievement of the fisheries objectives”. Regulation (EU) 2019/1241 (as amended by this Schedule) has effect as if in Article 11(4), after “paragraph 1 of this Article” there were inserted “and shall contribute to the achievement of the fisheries objectives”.
“inland waters” has the meaning given by section 221(1) of the Water Resources Act 1991;
Commission Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea is amended as follows. In Article 1 (subject matter)— In Article 3a (de minimis exemption in the years 2018, 2019 and 2020)— Article 4a (Danish North Sea coast) is revoked. For Article 5 (application) substitute—
Regulation (EU) 2017/2403 of the European Parliament and of the Council on the sustainable management of external fishing fleets is revoked.
Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures is amended as follows. In Article 3, in paragraph 1, for “objectives set out in the applicable provisions of Article 2 of Regulation (EU) No 1380/2013” substitute “achievement of the fisheries objectives”. In Article 4, in paragraph 1— In Article 11, in paragraph 4, omit “and shall be compatible with the objectives set out in Article 2 of Regulation (EU) No 1380/2013”.
In Council Regulation (EU) 2020/123 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, in Article 14 (remedial measures for cod in the North Sea), omit paragraphs 2 to 4.
The fisheries policy authorities must prepare and publish a document, to be known as a joint fisheries statement (a “JFS”), that—
sets out the policies of the fisheries policy authorities (or any of them) for achieving, or contributing to the achievement of, the fisheries objectives,
contains a statement explaining the use the fisheries policy authorities (or any of them) propose to make of fisheries management plans in order to achieve, or contribute to the achievement of, the fisheries objectives, and
contains a statement explaining how the fisheries objectives have been interpreted and proportionately applied in formulating the policies and proposals mentioned in paragraphs (a) and (b).
The policies for achieving, or contributing to the achievement of, the fisheries objectives required to be set out in a JFS by subsection (1)(a) include, in particular, the policies of the fisheries policy authorities relating to the distribution, in accordance with section 25, of catch quotas and effort quotas for use by fishing boats.
The statement under subsection (1)(b) must, in particular—
contain a list of fisheries management plans that are already in force;
contain a list of fisheries management plans that the fisheries policy authorities (or any of them) propose to prepare and publish;
specify, in relation to each proposed fisheries management plan—
the fisheries policy authority or authorities by whom it is to be prepared and published;
if it is to be prepared and published otherwise than by all of the fisheries policy authorities acting jointly, the reasons for that;
the stock or stocks of sea fish, the type or types of fishing and the geographical area or areas to which the plan will relate;
a timetable for preparation and publication;
set out the fisheries policy authorities' reasons for deciding which stocks of sea fish, types of fishing and geographical areas should be subject to fisheries management plans and which should not.
A JFS must contain a statement that it has been prepared for the purposes of this Act.
The fisheries policy authorities must comply with subsections (1) to (4) before the end of the period of two years beginning with the day on which this Act is passed.
In this Act “fisheries management plan” means a document, prepared and published under this Act, that sets out policies designed to restore one or more stocks of sea fish to, or maintain them at, sustainable levels.
For provision under which certain policies of the Secretary of State that would otherwise be required by subsection (1)(a) to be set out in a JFS may be set out instead in a separate document, see section 4.
The fisheries policy authorities may at any time prepare and publish a replacement JFS or amendments of a JFS.
Part 1 of Schedule 1 contains provision applying in relation to the preparation and publication by the fisheries policy authorities of a JFS or amendments of a JFS.
A JFS or an amendment of a JFS comes into effect when it is published in accordance with that Part of that Schedule.
The fisheries policy authorities must review a JFS whenever they consider it appropriate to do so and in any event—
before the end of the period of 6 years beginning with the day on which it was published, and
in the case of a JFS that has already been reviewed, before the end of the period of 6 years beginning with the end of the most recent review.
If, in the light of a review, the fisheries policy authorities conclude that changes are required to the JFS they must—
prepare and publish amendments of the JFS, or
prepare and publish a replacement JFS.
For the purposes of this section, a review of a JFS ends—
if the fisheries policy authorities conclude in the light of the review that no changes are required to the JFS, at the time they reach that conclusion;
if the fisheries policy authorities conclude in the light of the review that changes are required to the JFS, at the time the document mentioned in subsection (5) is published.
The fisheries policy authorities may, under section 2 or 3, prepare and publish a JFS that omits a relevant Secretary of State policy that would (apart from this subsection) be required by section 2(1)(a) to be set out in it.
The fisheries policy authorities may, under section 3, prepare and publish an amendment of a JFS the effect of which is that the JFS omits a relevant Secretary of State policy that would (apart from this subsection) be required by section 2(1)(a) to be set out in it.
Subsections (4) and (5) apply where, in accordance with subsection (1) or (2), one or more relevant Secretary of State policies are omitted from a JFS.
The Secretary of State must (subject to subsection (5)) prepare and publish a document, to be known as a Secretary of State fisheries statement (“SSFS”), that sets out the policy or policies omitted from the JFS.
Where an SSFS has already been prepared and published, the Secretary of State must either—
prepare and publish amendments of that SSFS so that it sets out the policy or policies omitted from the JFS, or
prepare and publish a replacement SSFS that sets out the policy or policies omitted from the JFS.
An SSFS must contain a statement that it has been prepared for the purposes of this Act.
The Secretary of State must comply with subsections (4) to (6) before the end of the period of 6 months beginning with the day on which the JFS mentioned in subsection (1) is published or (as the case may be) the amendment of the JFS mentioned in subsection (2) is published.
For the purposes of this section “relevant Secretary of State policy” means a policy of the Secretary of State that involves the exercise of—
a UK quota function, or
a function not within paragraph (a) that relates to a reserved matter.
In subsection (8)—
any other limit relating to the quantity of sea fish that may be caught or the time that fishing boats may spend at sea.
a function under section 23 (determination of catch quotas and effort quotas), or
“UK marine area” has the meaning given by section 42(1) of the Marine and Coastal Access Act 2009.
animals other than fish that are caught in the course of fishing;
“English sea fishing licence” means a licence granted under section 15 in respect of an English fishing boat;
Sub-paragraph (2) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a Scottish fishing boat. The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Scottish Ministers under section 15. Sub-paragraph (4) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a Welsh fishing boat. The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Welsh Ministers under section 15. Sub-paragraph (6) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a Northern Ireland fishing boat. The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Northern Ireland department under section 15. Sub-paragraph (8) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967 in respect of a British fishing boat that is not a Scottish, Welsh or Northern Ireland fishing boat. The licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been granted by the Marine Management Organisation under section 15. A licence that is treated by this paragraph as granted under section 15 is to be read subject to the necessary modifications.
This paragraph applies where any provision of this Act re-enacts (with or without modification) an enactment repealed by Part 2 of this Schedule. The repeal and re-enactment does not affect the continuity of the law. Anything done (including any subordinate legislation made) or having effect as if done, under or for the purposes of the repealed provision that could have been done under or for the purposes of the corresponding provision of this Act, if in force or effective immediately before the commencement of that corresponding provision, has effect thereafter as if done under or for the purposes of that corresponding provision. Any reference (express or implied) in this Act or any other enactment, instrument or document to a provision of this Act shall be construed (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the corresponding repealed provision had effect, a reference to that corresponding provision. Any reference (express or implied) in any enactment, instrument or document to a repealed provision shall be construed (so far as the context permits) as respects times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, as being or (according to the context) including a reference to the corresponding provision of this Act. This paragraph has effect subject to any specific transitional provision or saving contained in or made under this Act. In this paragraph a reference to an enactment being repealed includes its being revoked, or amended so that it no longer applies in any case. In this paragraph “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
is a reserved matter within the meaning of the Government of Wales Act 2006 (see Schedule 7A to that Act), or
“home port”, in relation to a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, means the port specified in the boat's entry in that register as the port to which the boat is to be treated as belonging;
Section 2 of the Fishery Limits Act 1976 (access to British fisheries) is repealed. In consequence of the repeal made by sub-paragraph (1), the following provisions of the Fishery Limits Act 1976 are also repealed—
In the Fisheries Act 1981, omit section 20 (which amends section 4 of the Sea Fish (Conservation) Act 1967).
The Marine and Coastal Access Act 2009 is amended as follows. In section 4 (licensing of fishing boats)— In section 7 (regulations supplementary to sections 4 and 4A of the Sea Fish (Conservation) Act 1967), omit “4 or”. In section 196 (charging for commercial fishing licences), omit subsection (1). Omit section 197 (grant of licences subject to conditions imposed for environmental purposes). In section 284 (power to require production of certain equipment), in subsection (2)(a), for “section 4(6) or” substitute “paragraph 1 of Schedule 3 to the Fisheries Act 2020 or section”.
The Sea Fish Licensing (Time at Sea) (Principles) Order 1993 (S.I. 1993/1196) is amended as follows. Article 2 (interpretation) is amended in accordance with sub-paragraphs (3) and (4). In paragraph (1)— In paragraph (2)(c), for “the Act” substitute “the Sea Fish (Conservation) Act 1967”. In Article 3 (principles), for “on which the time which vessels may spend at sea is to be arrived at for the purposes of” substitute “that are to be applied by the sea fish licensing authority in exercising its functions in relation to”.
The Scotland Act 1998 (Concurrent Functions) Order 1999 (S.I. 1999/1592) is amended as follows. In Schedule 1—
The Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014 (S.R. (N.I.) 2014 No. 209) are amended as follows. In regulation 1 (citation, commencement and application), for paragraph (2) substitute— In regulation 2 (interpretation)— In regulation 3 (manner in which a licence is granted etc)— In regulation 4 (time when licences are delivered and notices given), after paragraph (4) insert— In regulation 5 (time when licences, variations, suspensions or revocations have effect), in paragraph (a), after “3(2)” insert “or (4B)”.
The Sea Fishing (Licences and Notices) (Wales) Regulations 2019 (S.I. 2019/500 (W. 116)) (which have not come into force) are revoked.
The Sea Fishing (Licences and Notices) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/88) (which have not come into force) are revoked.
Sub-paragraph (2) applies to a licence granted, and not subsequently revoked, under section 4 of the Sea Fish (Conservation) Act 1967. Any condition included in the licence has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it had been attached to the licence under paragraph 1 of Schedule 3. A condition that is treated by this paragraph as attached to a licence under paragraph 1 of Schedule 3 is to be read subject to any necessary modifications.
The fisheries policy authorities acting jointly must— Each of the fisheries policy authorities must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft. In this paragraph “interested persons” means—
The Secretary of State must— Sub-paragraph (3) applies if, during the scrutiny period— The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendation. In this paragraph “the consultation draft” means the draft prepared and published under paragraph 6.
Sub-paragraphs (2) and (3) apply in a case within paragraph 9(1)(a); and references in those sub-paragraphs to “the relevant authority” are to the fisheries policy authority mentioned in paragraph 9(1)(a). The relevant authority must— The relevant authority must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft. Sub-paragraphs (5) and (6) apply in a case within paragraph 9(1)(b); and references in those sub-paragraphs to the relevant authorities are to the fisheries policy authorities mentioned in paragraph 9(1)(b). The relevant authorities acting jointly must— Each of the relevant authorities must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft. In this paragraph “interested persons” means—
The Undersized Velvet Crabs Order 1989 (S.I. 1989/919) is amended as follows. “the English zone” means the sea within British fishery limits other than— “the Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998; “the Welsh zone” has the same meaning as in the Government of Wales Act 2006. In article 2 (prescribed minimum size for landing velvet crabs), in paragraph (2), after “foreign fishing boats” insert “ of sea fish caught in waters lying outside British fishery limits ”. In article 3 (prescribed minimum size for sale etc of velvet crabs), in paragraph (2), after “foreign fishing boats” insert “ and were caught in waters lying outside British fishery limits ”. In article 4 (prescribed minimum size for carriage of velvet crabs on a British fishing boat)— In article 5 (powers of British sea-fishery officers in relation to fishing boats)—
The Undersized Edible Crabs Order 2000 (S.I. 2000/2029) is amended as follows. In article 3 (prescribed minimum size for edible crabs landed in certain areas), omit paragraph (2). In article 4 (prohibition on landing edible crabs caught in certain areas)— In article 5 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—
The Shrimp Fishing Nets Order 2002 (S.I. 2002/2870) is amended as follows. In article 1, omit paragraph (2) (application). In article 2 (interpretation)— In article 3 (prohibition on fishing for shrimps without a separator trawl or sorting grid)— In article 4 (powers of British sea-fishery officers), in paragraph (1), for “in relation to any British fishing boat to which this Order applies” substitute —
The Prohibition of Fishing with Multiple Trawls (Wales) Order 2003 (S.I. 2003/1855 (W.205)) is amended as follows. In article 3 (prohibition of method of fishing), in paragraph (1)— In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—
The Shrimp Fishing Nets (Wales) Order 2008 (S.I. 2008/1811 (W.175)) is amended as follows. In article 2 (interpretation), in paragraph (1)— In article 3 (prohibition on fishing for shrimps without a separator trawl or sorting grid), in paragraph (1)— In article 4 (powers of British sea-fishery officers), in paragraph (1)—
The Cockles and Mussels (Specified Area) (Wales) Order 2011 (S.I. 2011/1988 (W.219)) is amended as follows. In article 2 (interpretation)— In article 3(2)(b)—
in the English language text, for “British fishing boat” substitute “fishing boat”;
in the Welsh language text, for “cwch pysgota Prydeinig” substitute “cwch pysgota”.
The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 (S.I. 2015/2076 (W.312)) is amended as follows. In article 2 (interpretation)— In article 3 (fishing prohibition for specified crawfish, lobster, and crab), in the English language text and in the Welsh language text, omit paragraph (2). In article 4 (prohibitions on landing of specified crawfish, lobster and crab), in the English language text and in the Welsh language text, omit paragraphs (2) and (4). In article 5 (prohibitions on sale, exposure or offer for sale or possession of specified crawfish, lobster and crab), in the English language text and in the Welsh language text, omit paragraphs (2) and (4). In article 6 (prohibition on carriage of specified crawfish, lobster and crab)—
The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 (S.S.I. 2000/227) is amended as follows. In article 3 (application), in paragraphs (1)(b) and (1B)(b), for “relevant British” substitute “other”.
The Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012 (S.S.I. 2012/63) is amended as follows. In article 2 (definitions) omit the following definitions— Omit article 3 (application). In article 4 (prohibition of fishing for tope), for “a boat to which this article applies” substitute “any fishing boat”. In article 5 (prohibition of trans-shipment of tope), for “a boat or vessel to which this article applies” substitute “any fishing boat”. In article 6 (prohibition of landing tope)— In article 7 (prohibition of landing specified species of shark, skate and ray)— In article 8 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—
The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 (S.S.I. 2017/455) is amended as follows. In article 2 (interpretation), omit the definition of “foreign fishing boat”. In article 3 (prescribed minimum size for landing edible crabs in Scotland), for paragraph (2) substitute— In article 4 (prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of velvet crabs)— In article 5 (prescribed minimum size for landing spider crabs in Scotland), for paragraph (2) substitute— In article 6 (prescribed minimum size for landing green crabs in the Orkney Islands), for paragraph (2) substitute— In article 7 (prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of lobsters)—
The Razor Shells (Prohibition of Fishing) Regulations (Northern Ireland) 1998 (Northern Ireland) 1998 (S.R. (N.I.) 1998 No. 414) are amended as follows. In regulation 4 (exceptions), omit paragraph (a).
The Edible Crabs (Conservation) Regulations (Northern Ireland) 2020 (S.R. (N.I.) 2020 No. 152) are amended as follows. In regulation 2 (interpretation), for the definition of “foreign fishing boat” substitute—. For regulation 5 (exemptions) substitute—
“fish” includes shellfish;
A sea fish licensing authority may, on granting a sea fishing licence, attach to the licence such conditions as appear to it to be necessary or expedient for the regulation of sea fishing (including conditions which do not relate directly to fishing). The conditions that may be attached to a sea fishing licence include, in particular, conditions— Where a sea fish licensing authority attaches a condition under sub-paragraph (2)(c) to a licence, it may include in the licence provision as to the circumstances in which time is, or is not, to count as time spent at sea for the purposes of the condition. If a licence condition is broken, the master, the owner and the charterer (if any) of the fishing boat named in the licence are each guilty of an offence. For further provision about an offence under sub-paragraph (4) (including provision as to penalties), see sections 19 to 21.
This paragraph applies where— The sea fish licensing authority mentioned in sub-paragraph (1) (“the requesting authority”) may request any other sea fish licensing authority (“the other authority”) to exercise its licensing functions in such a way that the licences granted by the other authority in respect of fishing boats of the same description, so far as they confer authority in relation to the area mentioned in sub-paragraph (1)(b), are made subject to the limit or conditions mentioned in sub-paragraph (1)(a). The other authority must comply with the request unless, in its opinion, it is unreasonable to do so. References in this paragraph to an area for which a sea fish licensing authority is responsible are—
The relevant national authority may by regulations make provision— Regulations under sub-paragraph (1) may, in particular, include provision— The relevant national authority may by regulations make provision authorising the making of charges in relation to a sea fishing licence. Regulations under sub-paragraph (3) may, in particular— The relevant national authority must by regulations make provision as to the principles that are to be applied by a sea fish licensing authority in exercising its functions in relation to conditions attached to a sea fishing licence under paragraph 1(2)(c) (conditions as to time spent at sea). A principle of the kind to which sub-paragraph (7) applies may not be included in any regulations under sub-paragraph (5) which make provision for principles of any other kind. This sub-paragraph applies to a principle providing for a reduction in the time which all fishing boats, or all fishing boats of a specified description, may spend at sea during any period by comparison with the time which they, or fishing boats of that description, were permitted to spend (or spent or were treated as spending) during a specified previous period (making any necessary adjustment where the periods are of different lengths); and for this purpose “description” means description framed by reference to size of fishing boat, method or area of fishing or description of fish. Regulations under sub-paragraph (5) providing for a principle of the kind to which sub-paragraph (7) applies are subject to the affirmative resolution procedure. Any other regulations under this paragraph are subject to the negative resolution procedure. In this paragraph “the relevant national authority” means—
The Scottish Ministers may by regulations make provision for the Scottish Ministers to impose charges in respect of the exercise by them of a relevant marine function. “Relevant marine function” means a function relating to— The charges which may be authorised by the regulations are— The regulations may include provision about— The regulations may confer a discretion on the Scottish Ministers. A power conferred on the Scottish Ministers under this paragraph does not affect, and is not affected by, any other power of the Scottish Ministers to impose charges. Before making regulations under this paragraph the Scottish Ministers must consult such persons as they consider appropriate. Regulations under this paragraph are subject to the negative resolution procedure. In this paragraph—
which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and
The Secretary of State may at any time prepare and publish a replacement SSFS or amendments of an SSFS.
Part 2 of Schedule 1 contains provision applying in relation to the preparation and publication by the Secretary of State of an SSFS or amendments of an SSFS.
An SSFS or an amendment of an SSFS comes into effect when it is published in accordance with that Part of that Schedule.
The Secretary of State must review an SSFS whenever the Secretary of State considers it appropriate to do so and in any event—
before the end of the period of 6 years beginning with the day on which it was published, and
in the case of an SSFS that has already been reviewed, before the end of the period of 6 years beginning with the end of the most recent review.
If, in the light of a review, the Secretary of State concludes that changes are required to the SSFS the Secretary of State must—
prepare and publish amendments of the SSFS, or
prepare and publish a replacement SSFS.
For the purposes of this section, a review of an SSFS ends—
if the Secretary of State concludes in the light of the review that no changes are required to the SSFS, at the time the Secretary of State reaches that conclusion;
if the Secretary of State concludes in the light of the review that changes are required to the SSFS, at the time the document mentioned in subsection (5) is published.
Where, at any time after an SSFS has come into effect, a replacement JFS comes into effect or amendments of a JFS come into effect, and— the Secretary of State may publish a document revoking the SSFS.
the policies in the SSFS are included in the new JFS, or
the Secretary of State considers that the policies in the SSFS are superseded by the policies in the new JFS,
In subsection (7) “the new JFS” means the replacement JFS or the JFS as amended.
The revocation comes into effect when the document is published.
The relevant authority or authorities must, in relation to each proposed fisheries management plan in the list contained in a JFS under section 2(3)(b), prepare and publish a fisheries management plan that relates to the matters specified in relation to it under section 2(3)(c)(iii).
A fisheries management plan must—
specify the relevant authority or authorities,
specify each stock of sea fish, type of fishing and geographical area to which the plan relates,
specify an indicator or indicators to be used for monitoring the effectiveness of the plan, and
comply with subsection (3) in relation to each stock of sea fish to which the plan relates.
The plan must specify whether the available scientific evidence is sufficient to enable the relevant authority or authorities to make an assessment of the stock's maximum sustainable yield and—
if it is, must specify policies of the relevant authority or authorities for restoring the stock to, or maintaining it at, sustainable levels or for contributing to its restoration to, or maintenance at, sustainable levels;
if it is not, must—
specify policies of the relevant authority or authorities for maintaining or increasing levels of the stock,
specify the steps (if any) that the relevant authority or authorities propose to take to obtain the scientific evidence necessary to enable an assessment of the stock's maximum sustainable yield to be made, and
where no such steps are proposed, state the reasons for that.
In determining the policies to be specified under subsection (3)(b)(i), the relevant authority or authorities must adopt the precautionary approach to fisheries management (within the meaning of section 1).
A fisheries management plan must contain a statement that it has been prepared and published for the purposes of this Act.
The relevant authority or authorities must comply with subsections (1) to (5) in accordance with the timetables specified in the JFS under section 2(3)(c)(iv).
In this section “the relevant authority or authorities”, in relation to a fisheries management plan, means the fisheries policy authority or authorities by whom the JFS specifies the plan is to be prepared and published.
Subsection (2) applies where—
one or more fisheries policy authorities prepare and publish a fisheries management plan,
the fisheries policy authority or authorities decide that, in view of a relevant change of circumstances, the plan should be amended, replaced or revoked, and
the decision is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b).
The fisheries policy authority or authorities may prepare and publish—
amendments of the fisheries management plan that take account of the relevant changes of circumstances,
a replacement fisheries management plan that takes account of the relevant change of circumstances, or
a document revoking the fisheries management plan in order to take account of the relevant change of circumstances.
Subsection (4) applies where—
one or more fisheries policy authorities decide that, in view of a relevant change of circumstances, they should prepare and publish a fisheries management plan, and
the decision is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b).
The fisheries policy authority or authorities may prepare and publish a fisheries management plan that takes account of the relevant change of circumstances.
A document under subsection (2) or (4) must contain a statement explaining the ways in which, and the reasons why, it is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b).
Subsections (2) to (5) of section 6 (required contents of fisheries management plans) apply in relation to a fisheries management plan under this section (reading references to the relevant authority or authorities as references to the fisheries policy authority or authorities that prepare and publish the plan).
For the purposes of this section the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—
the international obligations of the United Kingdom,
things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment,
available scientific evidence, or
available evidence relating to the social, economic or environmental elements of sustainable development.
The relevant authority or authorities may at any time prepare and publish a replacement fisheries management plan, or amendments of a fisheries management plan, in relation to the same stock or stocks of sea fish, type or types of fishing and geographical area or areas.
Part 3 of Schedule 1 contains provision applying in relation to the preparation and publication by the relevant authority or authorities of a fisheries management plan, amendments of a fisheries management plan or a document under section 7(2)(c) revoking a fisheries management plan.
A fisheries management plan, or an amendment or revocation of a fisheries management plan, comes into effect when it (or, in the case of a revocation, the document containing it) is published in accordance with that Part of that Schedule.
The relevant authority or authorities must review a fisheries management plan whenever they consider it appropriate to do so and in any event—
before the end of the period of 6 years beginning with the day on which it was published, and
in the case of a fisheries management plan that has already been reviewed, before the end of the period of 6 years beginning with the end of the most recent review.
If, in the light of a review, the relevant authority or authorities conclude that changes are required to the fisheries management plan, they must—
prepare and publish amendments of the fisheries management plan,
prepare and publish a replacement fisheries management plan, or
(if section 7(2) applies) prepare and publish a document under section 7(2)(c) revoking the fisheries management plan.
For the purposes of this section, a review of a fisheries management plan ends—
if the relevant authority or authorities conclude in the light of the review that no changes are required to the fisheries management plan, at the time they reach that conclusion;
if the relevant authority or authorities conclude in the light of the review that changes are required to the fisheries management plan, at the time the document mentioned in subsection (5) is published.
In this section “the relevant authority or authorities”, in relation to a fisheries management plan, means the fisheries policy authority or authorities that prepare and publish it.
At any time before the fisheries policy authorities have complied with section 2(1) to (4), a fisheries policy authority acting alone, or two or more fisheries policy authorities acting jointly, may prepare and publish a fisheries management plan that relates to any stock or stocks of sea fish, any type or type of fishing, and any geographical area or areas.
A national fisheries authority must exercise its functions relating to fisheries, fishing or aquaculture in accordance with the policies contained in a JFS, SSFS or fisheries management plan that are applicable to the authority, unless a relevant change in circumstances indicates otherwise.
If, in view of a relevant change of circumstances, a national fisheries authority takes a decision in the exercise of its functions relating to fisheries, fishing or aquaculture otherwise than in accordance with the policies contained in a JFS, SSFS or fisheries management plan that are applicable to the authority, the authority must prepare and publish a document—
describing the decision and the relevant change of circumstances, and
explaining how the relevant change in circumstances affected the decision.
For the purposes of this section—
a policy in a JFS is “applicable to” a national fisheries authority within any paragraph of subsection (5), unless the JFS states that it is not applicable to that authority;
a policy in an SSFS is “applicable to” a national fisheries authority within paragraph (a) or (b) of subsection (5), unless the SSFS states that it is not applicable to that authority;
a policy in a fisheries management plan is “applicable to”—
a national fisheries authority within paragraph (a), (c), (d) or (e) of subsection (5) if the plan is prepared and published by that authority, unless the plan states that it is not applicable to that authority, and
the Marine Management Organisation if the plan is prepared and published by the Secretary of State, unless the plan states that it is not so applicable.
For the purposes of this section the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—
the international obligations of the United Kingdom,
things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment,
available scientific evidence, or
available evidence relating to the social, economic or environmental elements of sustainable development.
In this section “national fisheries authority” means—
the Secretary of State,
the Marine Management Organisation,
the Scottish Ministers,
the Welsh Ministers, or
the Northern Ireland department.
The fisheries policy authorities acting jointly must, in relation to each reporting period, prepare and publish a report on the extent to which the policies set out in a relevant JFS—
have been implemented, and
have achieved or contributed to the achievement of the fisheries objectives.
A report under subsection (1) must also report on the extent to which the policies contained in a relevant fisheries management plan—
have been implemented, and
have affected the levels of stocks of sea fish.
A copy of a report under subsection (1) must be laid —
before Parliament by the Secretary of State,
before the Scottish Parliament by the Scottish Ministers,
before Senedd Cymru by the Welsh Ministers, and
before the Northern Ireland Assembly by the Northern Ireland department.
For the purposes of subsection (1) the following are reporting periods—
the period of three years beginning with the day on which the first JFS is published, and
each subsequent three year period.
The Secretary of State must, in relation to each reporting period, prepare and publish a report on the extent to which the policies set out in a relevant SSFS—
have been implemented, and
have achieved or contributed to the achievement of the fisheries objectives.
In preparing a report under subsection (5) the Secretary of State must consult—
the Scottish Ministers,
the Welsh Ministers, and
the Northern Ireland department.
A copy of a report under subsection (5) must be laid before Parliament by the Secretary of State.
For the purposes of subsection (5) the following are reporting periods— but a period is not a reporting period if no SSFS is in force at any time during the period.
the period of three years beginning with the day on which the first SSFS is published, and
each subsequent three year period;
For the purposes of this section a JFS , SSFS or fisheries management plan is “relevant” if it is in force at any time during the period.
A foreign fishing boat must not enter British fishery limits except—
for the purpose of fishing in accordance with a sea fishing licence, or
for a purpose recognised by international law or by any international agreement or arrangement to which the United Kingdom is a party.
A foreign fishing boat that enters British fishery limits for a purpose mentioned in subsection (1) must return outside British fishery limits as soon as the purpose has been fulfilled.
Where a fishing boat is used in contravention of subsection (1) or (2), the master, the owner and the charterer (if any) are each guilty of an offence.
For further provision about an offence under subsection (3) (including provision as to penalties), see—
sections 19 to 21, and
section 12 of the Sea Fisheries Act 1968 (recovery of fines) and section 13 of that Act (compensation in Scotland for damage caused by offence).
Schedule 2 contains amendments of subordinate legislation relating to the regulation of foreign fishing boats.
Fishing anywhere by a British fishing boat is prohibited unless authorised by a licence.
Subsection (1) does not apply to fishing—
for salmon or migratory trout;
for common eels (Anguilla anguilla) by a boat whose length is 10 metres or less;
by a boat whose length is 10 metres or less and which does not have an engine to power the boat;
by a boat used wholly for the purpose of conveying persons wishing to fish for pleasure;
in waters lying within 12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Man and the Channel Islands respectively is measured, but not extending beyond a line every point of which is equidistant from the nearest points of such baselines and the corresponding baselines adjacent to the United Kingdom and France respectively.
The Secretary of State may by regulations amend this section so as to add, remove or vary exceptions to the prohibition in subsection (1).
Regulations under subsection (3) may not be made without the consent of—
the Scottish Ministers,
the Welsh Ministers, and
the Northern Ireland department.
Regulations under subsection (3) are subject to the affirmative resolution procedure.
Where a boat is used in contravention of subsection (1), the master, the owner and the charterer (if any) are each guilty of an offence.
For further provision about an offence under subsection (6) (including provision as to penalties), see sections 19 to 21.
In this section—
“first-sale fish” means fish which is marketed for the first time;
This Part applies in relation to— In this Part “the relevant document” means the document mentioned in sub-paragraph (1).
The Sea Fish (Specified Sea Area) (Regulation of Nets and Prohibition of Fishing Methods) Order 1989 (S.I. 1989/1284) is amended as follows. In article 1(2) (interpretation), omit the definition of “British fishing boat”. In article 2 (prohibition), in paragraph (1)(a) and (b), omit “British”. In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—
The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001 (S.I. 2001/649) is amended as follows. In article 3 (application and exemptions), after paragraph (1) insert— In article 7 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—
The Shellfish (Specified Sea Area) (Prohibition of Fishing Methods) (Wales) Order 2003 (S.I. 2003/607 (W.81)) is amended as follows. In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—
The South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004 (S.I. 2004/3397) is amended as follows. In article 3 (prohibition on pair trawling), in paragraph (1), omit “British”. In article 4 (prohibition on carrying towed gear), in paragraph (1), omit “British”. In article 5 (powers of British sea-fishery officers), in paragraph (1), for sub-paragraphs (a) and (b) substitute—
The Tope (Prohibition of Fishing) (Wales) Order 2008 (S.I. 2008/1438 (W.150)) is amended as follows. In article 1 (title, commencement and application) in the English language text and in the Welsh language text, omit paragraph (3). In article 6 (powers of British sea-fishery officers), in paragraph (1) at the end—
The Scallop Fishing (England) Order 2012 (S.I. 2012/2283) is amended as follows. In article 2(1) (interpretation), omit the definition of “British fishing boat”. In the following provisions, for “British fishing boat” substitute “fishing boat”—
The Whelk Fishing (Wales) Order 2019 (S.I. 2019/1042 (W.184)) is amended as follows. In article 2 (interpretation)— In article 3 (fishing prohibition for specified whelk)— In article 5 (prohibition on carriage of specified whelk)—
The Scottish Ministers may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes— Financial assistance given under, or under arrangements made pursuant to, sub-paragraph (1) must be given in accordance with a scheme established by regulations made by the Scottish Ministers. The scheme may only provide for financial assistance to be given— The scheme may— In sub-paragraph (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about— The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018). The scheme may include provision under which— Regulations under this paragraph are subject to the affirmative resolution procedure. In this paragraph—
In the Fisheries Act 1981— In consequence of the repeals made by sub-paragraph (1)—
The Welsh Ministers may by regulations make provision for the Welsh Ministers to impose charges in respect of the exercise by them of a relevant marine function. “Relevant marine function” means a function relating to— The charges which may be authorised by the regulations are— The regulations may include provision about— The regulations may confer a discretion on the Welsh Ministers. A power conferred on the Welsh Ministers under this paragraph does not affect, and is not affected by, any other power of the Welsh Ministers to impose charges. Before making regulations under this paragraph the Welsh Ministers must consult such persons as they consider appropriate. Regulations under this paragraph are subject to the negative resolution procedure. In this paragraph—
The Welsh Ministers may by regulations make provision— “A conservation purpose” means any of the following— “A fish industry purpose” means any of the following— Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about— In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)— Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—
Regulations under paragraph 6 or 8 may— Regulations under paragraph 6 or 8 may create a criminal offence, but not one punishable with imprisonment. Regulations under paragraph 6 or 8 may only include— Provision which does not fall within sub-paragraph (3)(a), but which would do so but for a requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006, may be included in regulations under paragraph 6 or 8 with the consent of the Secretary of State. Regulations under paragraph 6 or 8 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats). The reference in sub-paragraph (5) to “modifying” a function of a person under an enactment includes— A power to make regulations under paragraph 6 or 8 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule, and section 52 so far as it applies for the purposes of those enactments). In sub-paragraph (7) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.
In paragraph 11 and this paragraph— In the definition of “regional fisheries management agreement” in sub-paragraph (1)— For the purposes of paragraph 11, an aquatic organism is a member of an “alien species” if— For the purposes of paragraph 11, an aquatic organism is a member of a “locally absent species” if it is located—
Before making regulations under paragraph 11 or 13 the Northern Ireland department must consult— Regulations under paragraph 11 or 13 are subject to the affirmative resolution procedure if they contain provision— Subject to sub-paragraph (2), regulations under paragraph 11 or 13 are subject to the negative resolution procedure.
“family member”, in relation to an individual (“P”), means—
This Part applies in relation to the preparation and publication by the Secretary of State of— In this Part “the relevant document” means the document mentioned in sub-paragraph (1).
Sub-paragraph (2) applies where the Secretary of State has— The Secretary of State must publish the relevant document as soon as reasonably practicable.
A sea fish licensing authority may require the master, the owner and the charterer (if any) of the fishing boat named in a sea fishing licence granted by the authority to provide such information, in such form, as the authority may direct. A person who fails without reasonable excuse to comply with such a requirement is guilty of an offence. Any person who— provides information which the person knows to be false in a material particular or recklessly provides information which is false in a material particular is guilty of an offence. For further provision about an offence under sub-paragraph (2) or (3) (including provision as to penalties), see sections 19 to 21.
A sea fish licensing authority may make arrangements for any of its licensing functions to be exercised by other persons on its behalf. Arrangements made by a sea fish licensing authority under this paragraph do not affect that authority’s responsibility for the exercise of the licensing function in question. A public authority that exercises functions on behalf of a sea fish licensing authority under this paragraph may charge that authority such fees as it considers reasonable in respect of the cost of doing so. This paragraph does not confer power on a sea fish licensing authority to make arrangements for a licensing function to be exercised on its behalf by another sea fish licensing authority (see instead section 43 (agency arrangements between sea fish licensing authorities)).
In this Schedule “licensing function” means a function of a sea fish licensing authority under—
section 15 or 17,
paragraphs 1 to 4 of this Schedule, or
regulations under paragraph 7 of this Schedule.
straddling stocks,
fishing nets or any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), or
This Part applies in relation to the preparation and publication by the fisheries policy authorities of— In this Part “the relevant document” means the document mentioned in sub-paragraph (1).
Sub-paragraph (2) applies where— The fisheries policy authorities acting jointly must publish the relevant document as soon as reasonably practicable.
The Scottish Ministers may by regulations make provision— “A conservation purpose” means any of the following— “A fish industry purpose” means any of the following— Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about— In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)— Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—
Regulations under paragraph 1 or 3 may— Regulations under paragraph 1 or 3 may create a criminal offence, but not one punishable with imprisonment. Regulations under paragraph 1 or 3 may only include provision which would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament. Regulations under paragraph 1 or 3 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats). The reference in sub-paragraph (4) to “modifying” a function of a person under an enactment includes— The power to make regulations under paragraph 1 or 3 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, this Schedule, and section 52 so far as it applies for the purposes of those enactments). In sub-paragraph (6) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.
In paragraph 6 and this paragraph— In the definition of “regional fisheries management agreement” in sub-paragraph (1)— For the purposes of paragraph 6, an aquatic organism is a member of an “alien species” if— For the purposes of paragraph 6, an aquatic organism is a member of a “locally absent species” if it is located—
Before making regulations under paragraph 6 or 8 the Welsh Ministers must consult— Regulations under paragraph 6 or 8 are subject to the affirmative resolution procedure if they contain provision— Subject to sub-paragraph (2) regulations under paragraph 6 or 8 are subject to the negative resolution procedure.
Commission Delegated Regulation (EU) No 1393/2014 establishing a discard plan for certain pelagic fisheries in north-western waters is amended as follows. In Article 1 (subject matter)— In Article 2 (survivability exemption), in paragraph 6 for “and 2020” substitute “, 2020 and 2021”. In Article 3a (de minimis exemptions in the years 2018, 2019 and 2020)— For Article 5 (entry into force) substitute—
A licence may be granted—
in respect of a Scottish fishing boat, by the Scottish Ministers;
in respect of a Welsh fishing boat, by the Welsh Ministers;
in respect of a Northern Ireland fishing boat, by the Northern Ireland department;
in respect of any other British fishing boat, by the Marine Management Organisation.
A licence granted under this section may be granted so as to confer limited authority by reference, in particular, to—
the area in which fishing is authorised,
the periods, times or particular voyages during which fishing is authorised,
the descriptions and quantities of fish which may be caught, or
the method of sea fishing.
A licence granted under this section—
must name the fishing boat in respect of which it is granted, and
is granted to the boat's owner or charterer.
Fishing within British fishery limits by a foreign fishing boat is prohibited unless authorised by a licence.
Subsection (1) does not apply to fishing in waters lying within 12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Man is measured.
The Secretary of State may by regulations amend this section so as to add, remove or vary exceptions to the prohibition in subsection (1).
Regulations under subsection (3) may not be made without the consent of—
the Scottish Ministers,
the Welsh Ministers, and
the Northern Ireland department.
Regulations under subsection (3) are subject to the affirmative resolution procedure.
Where a boat is used in contravention of subsection (1), the master, the owner and the charterer (if any) are each guilty of an offence.
For further provision about an offence under subsection (6) (including provision as to penalties), see sections 19 to 21.
In this section “licence” means a licence granted under section 17.
A licence may be granted in respect of a foreign fishing boat by—
the Scottish Ministers,
the Welsh Ministers,
the Northern Ireland department, or
the Marine Management Organisation.
A licence granted under this section—
if granted by the Scottish Ministers, does not authorise fishing anywhere outside Scotland and the Scottish zone;
if granted by the Welsh Ministers, does not authorise fishing anywhere outside Wales and the Welsh zone;
if granted by the Northern Ireland department, does not authorise fishing outside Northern Ireland and the Northern Ireland zone;
if granted by the Marine Management Organisation, does not authorise fishing within—
Scotland or the Scottish zone,
Wales or the Welsh zone, or
Northern Ireland or the Northern Ireland zone.
A licence under this section may be granted so as to impose limits on the authority it confers (in addition to the limits imposed by subsection (2)) by reference, in particular, to—
the area in which fishing is authorised,
the periods, times or particular voyages during which fishing is authorised,
the descriptions and quantities of fish which may be caught, or
the method of sea fishing.
A licence granted under this section—
must name the fishing boat in respect of which it is granted, and
is granted to the boat's owner or charterer.
In this Act “sea fishing licence” means a licence granted under section 15 (licensing of British fishing boats) or section 17 (licensing of foreign fishing boats).
Schedule 3 contains further provision about sea fishing licences.
A person who commits an offence under section 12(3), 14(6) or 16(6) or paragraph 1(4) or 3(2) or (3) of Schedule 3 is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Scotland or Northern Ireland—
in the case of an offence under paragraph 3(2) or (3) of Schedule 3, to a fine not exceeding the statutory maximum, and
in any other case, to a fine not exceeding £50,000;
on conviction on indictment, to a fine.
The court by or before which a person is convicted of an offence under section 12(3), 14(6) or 16(6) or paragraph 1(4) of Schedule 3 may—
order that the owner or charterer (if any) of the fishing boat used to commit the offence or, as the case may be, of the fishing boat named in the licence of which a condition is broken, be disqualified for a specified period from holding a sea fishing licence in respect of that fishing boat;
(subject to subsection (4)) order the forfeiture of any fish, or any net or other fishing gear, in respect of which the offence was committed and of any net or other fishing gear used in committing the offence.
A person who commits an offence under section 14(6) or 16(6) or paragraph 1(4) of Schedule 3 is (subject to subsection (4)) liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
A person is not liable to a fine under subsection (3) if, under subsection (2)(b), the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under subsection (3), the court may not under subsection (2)(b) order the forfeiture of the fish in respect of which the offence was committed.
A fine to which a person is liable under subsection (3) is in addition to any other penalty (whether pecuniary or otherwise) to which the person is liable in respect of the same offence (whether under this section or under any other enactment).
Where a relevant offence is committed by a body corporate and is proved— that person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer, or
to be attributable to the neglect of any such person,
In subsection (1) “officer” means—
a director, manager, secretary or similar officer of the body corporate, or
a person purporting to act in such a capacity.
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and omissions of a member in connection with that management as if the member were a director of the body corporate.
Where a relevant offence is committed by a Scottish partnership and is proved— that person (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a partner or a person purporting to act as a partner, or
to be attributable to any neglect on the part of any such person,
In this section “relevant offence” means an offence under section 12(3), 14(6) or 16(6) or paragraph 1(4) or 3(2) or (3) of Schedule 3.
Proceedings for an offence under section 12(3), 14(6) or 16(6) or paragraph 1(4) or 3(2) or (3) of Schedule 3 may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Schedule 4 contains—
in Part 1, consequential amendments relating to the provision made by section 12;
in Part 2—
minor amendments relating to the licensing of fishing boats, and
consequential amendments relating to the provision made by sections 14 to 21;
in Part 3, transitional provision relating to the provision made by sections 14 to 21.
The Secretary of State may determine, for such year or other period as may be specified in the determination—
the maximum quantity of sea fish that may be caught by British fishing boats;
the maximum number of days that British fishing boats may spend at sea.
A determination under subsection (1) may be made only for the purpose of complying with an international obligation of the United Kingdom to determine the fishing opportunities of the United Kingdom.
Different maxima may be determined under subsection (1)—
for, or for fishing boats fishing for, different descriptions of sea fish,
for different areas of sea, or
(subject to subsection (4)) for different descriptions of fishing boat.
Different maxima may not be so determined by reference to—
the location of a British fishing boat's home port, or
any other connection of a British fishing boat, or any of its owners, to any place in the United Kingdom.
In this Act—
“catch quota” means a quantity of sea fish determined under subsection (1)(a);
“effort quota” means a number of days at sea determined under subsection (1)(b).
The Secretary of State may—
exercise a power in subsection (1) so as to—
determine a maximum quantity of sea fish, or maximum number of days at sea, of zero, or
make a determination replacing a determination already made;
withdraw a determination already made.
A determination under subsection (1) may not be made or withdrawn after the end of the period to which it relates.
The Secretary of State may by regulations make provision for determining, for the purposes of this Act, the number of days in a period that a fishing boat is to be regarded as spending at sea in any area of sea.
Regulations under subsection (8) may make provision by reference to provision made under paragraph 1(3) of Schedule 3 (provision included in sea fishing licence as to the circumstances in which time is, or is not, to count as time spent at sea for the purposes of the licence).
Regulations under subsection (8) are subject to the negative resolution procedure.
References in assimilated direct legislation to fishing opportunities (however expressed) are, in relation to British fishing boats, references to catch quotas and effort quotas or (as the context requires) to either.
Before making or withdrawing a determination under section 23, the Secretary of State must consult—
the Scottish Ministers,
the Welsh Ministers,
the Northern Ireland department, and
the Marine Management Organisation.
As soon as reasonably practicable after making or withdrawing a determination under section 23, the Secretary of State must—
publish, in such manner as the Secretary of State considers appropriate, a notice stating that the determination has been made or (as the case may be) withdrawn,
lay a copy of that notice before Parliament, and
send a copy of that notice to the Scottish Ministers, the Welsh Ministers and the Northern Ireland department.
When distributing catch quotas and effort quotas for use by fishing boats, the national fisheries authorities must use criteria that—
are transparent and objective, and
include criteria relating to environmental, social and economic factors.
The criteria may in particular relate to—
the impact of fishing on the environment;
the history of compliance with regulatory requirements relating to fishing;
the contribution of fishing to the local economy;
historic catch levels.
When distributing catch quotas and effort quotas for use by fishing boats, the national fisheries authorities must seek to incentivise—
the use of selective fishing gear, and
the use of fishing techniques that have a reduced impact on the environment (for example that use less energy or cause less damage to habitats).
In this section “the national fisheries authorities” means—
the Secretary of State,
the Marine Management Organisation,
the Scottish Ministers,
the Welsh Ministers, and
the Northern Ireland department.
The national fisheries authorities must exercise their functions relating to fisheries so as to secure (so far as possible) that, in any period—
no sea fish are caught by British fishing boats in excess of a catch quota for that period;
no days are spent at sea by British fishing boats in excess of an effort quota for that period.
In determining under subsection (1) whether a catch quota is exceeded, only count sea fish caught that are required to be counted against it under—
Article 15 of the Common Fisheries Policy Regulation (landing obligation), or
any other provision of assimilated direct legislation.
In determining under subsection (1) whether a catch quota or effort quota is exceeded, ignore any sea fish caught, or days spent at sea, that are referable to fishing opportunities of a territory outside the United Kingdom.
In this section “the national fisheries authorities” means—
the Secretary of State,
the Marine Management Organisation,
the Scottish Ministers,
the Welsh Ministers, and
the Northern Ireland department.
The Secretary of State may by regulations make provision for the sale of—
rights to use one or more English catch quotas;
rights to use one or more English effort quotas.
A right to use an English catch or effort quota that is sold in accordance with the regulations is exercisable in relation to such fishing boats, by such persons, in such manner, and subject to such conditions, as may be specified in or in accordance with the regulations.
The regulations may include provision—
for rights to be sold by competitive tender or auction;
for a competitive tender process or auction to be run by such person as the regulations may designate;
conferring functions (including functions involving the exercise of a discretion) on a person running a competitive tender process or auction, or on any other person;
specifying persons, or descriptions of person, who are eligible or ineligible to buy rights;
requiring a person to pay a deposit, or do any other thing, in order to be eligible to buy rights;
requiring or prohibiting the repayment of a deposit;
setting, or conferring power to set, limits on the rights that may be bought by a person or description of person;
requiring or permitting rights to be sold, or not to be sold, to a person who meets such conditions (whether relating to the price offered for the rights or otherwise) as may be specified in or in accordance with the regulations;
for terminating a competitive tender process or auction where there has been, or appears to the person running the competitive tender process or auction to have been, a failure to comply with the regulations;
about how and when—
payments for rights are to be made, and
payments received are to be dealt with;
allowing or requiring rights sold in accordance with the regulations to a person to be transferred to, or be exercised by, another person;
prohibiting rights sold to a person in accordance with the regulations from being transferred to, or being exercised by, another person;
for extinguishing or limiting rights sold in accordance with the regulations where any amount due in respect of them is not paid, or any condition attached to the exercise of the rights is not met;
for the payment of compensation to a person who holds but does not use rights sold in accordance with the regulations;
about appeals relating to eligibility for, or the outcome of, a tender process or auction;
requiring a person running a tender process or auction to issue guidance.
The Marine Management Organisation must exercise its functions so as to secure (so far as possible) that— as a result of the exercise of rights sold in accordance with the regulations.
fishing boats are not used in contravention of section 14(1) (prohibition on fishing without authority of licence), and
conditions attached to sea fishing licences under paragraph 1 of Schedule 3 are not broken,
Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State thinks appropriate.
Regulations under this section are subject to the affirmative resolution procedure.
In this section—
into or out of the United Kingdom, or
The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1991 (S.S.I. 1999/88) is amended as follows. In article 3 (fishing prohibition)— In article 4 (landing prohibition), for paragraph (3) substitute— In article 5 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)(b), for “relevant British” substitute “other”.
The Shrimp Fishing Nets (Scotland) Order 2004 (S.S.I. 2004/261) is amended as follows. In article 3 (prohibition on fishing for shrimps without a separator trawl or sorting grid), in paragraph (1)(b), for “relevant British” substitute “other”. In article 4 (powers of British sea-fishery officers), in paragraph (1)(b), for “relevant British” substitute “other”.
The Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017 (S.S.I. 2017/325) is amended as follows. In article 3 (prohibition of method of fishing), in paragraph (1)(b), for “relevant British” substitute “other”.
The Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000 (S.R. (N.I.) 2000 No. 200) is amended as follows. In article 2 (interpretation)— For article 4 substitute—
The Edible Crabs (Undersized) Order (Northern Ireland) 2020 (S.R. (N.I.) 2020 No. 153) is amended as follows. In article 2 (interpretation), for the definition of “foreign fishing boat” substitute—. For article 4 (exemptions) substitute—
Section 17 of the Sea Fish Industry Act 1962 (exemption from s.2 of the Fishery Limits Act 1976 for operations for scientific and certain other purposes) is repealed.
The following orders were made (or have effect as if made) under powers contained in section 2 of the Fishery Limits Act 1976 and are therefore revoked by virtue of paragraph 3(1)—
the Fishing Boats (France) Designation Order 1965 (S.I. 1965/1241);
the Fishing Boats (Republic of Ireland) Designation Order 1965 (S.I. 1965/1448);
the Fishing Boats (Belgium) Designation Order 1965 (S.I. 1965/1569);
the Foreign Fishing Boats (Stowage of Gear) Order 1970 (S.I. 1970/318);
the Fishing Boats (European Economic Community) Designation Order 1983 (S.I. 1983/253);
the Fishing Boats (European Economic Community) Designation (Variation) Order 1986 (S.I. 1986/382);
the Fishing Boats (European Economic Community) Designation (Variation) Order 1992 (S.I. 1992/3108);
the Fishing Boats (European Economic Community) Designation (Variation) Order 1996 (S.I. 1996/248);
the Fishing Boats (Specified Countries) Designation Order 1996 (S.I. 1996/1035);
the Fishing Boats (Specified Countries) Designation (Variation) Order 1997 (S.I. 1997/1630);
the Fishing Boats Designation (England) Order 2015 (S.I. 2015/648);
the Fishing Boats Designation (England) (Amendment) Order 2017 (S.I. 2017/1219).
In the Fishery Limits Act 1976, omit section 3 (which substitutes section 4 of the Sea Fish (Conservation) Act 1967).
The Government of Wales Act 2006 is amended as follows. In Schedule 3A (functions of Ministers of Crown etc exercisable concurrently or jointly with Welsh Ministers)—
The Sea Fish Licensing Order 1992 (S.I. 1992/2633) is amended as follows. Articles 2 and 3, and the Schedule, were made under powers contained in section 4 of the Sea Fish (Conservation) Act 1967 and are therefore revoked by virtue of paragraph 6(2). In article 4—
The Scotland Act (Agency Arrangements) (Specification) Order 1999 (S.I. 1999/1512) is amended as follows. In Schedule 1 (functions conferred on Minister of the Crown), omit paragraph 1. In Schedule 2 (functions exercisable by Scottish Ministers), omit paragraph 1.
The Sea Fishing (Licences and Notices) (England) Regulations 2012 (S.I. 2012/827) are amended as follows. In regulation 1 (citation, commencement and application), for paragraph (2) substitute— In regulation 2 (interpretation)— In regulation 3 (communication of licences and notices)— In regulation 4 (time at which licences are delivered and notice given)— In regulation 5 (time at which licences and notices have effect), in paragraph (a), for “delivered” substitute “granted”.
The Sea Fish Licensing (Wales) Order 2019 (S.I. 2019/507 (W. 117)) (which has not come into force) is revoked.
The Sea Fish Licensing (Foreign Vessels) (EU Exit) (Scotland) Order 2019 (S.S.I. 2019/87) (which has not come into force) is revoked.
Regulations made under section 4B of the Sea Fish (Conservation) Act 1967 (regulations supplementary to sections 4 and 4A of that Act) in relation to licences under section 4 of that Act have effect on and after the coming into force of paragraph 6(2) as if they were made under paragraph 7(1) of Schedule 3 to this Act. The Sea Fish Licensing (Time at Sea) (Principles) Order 1993 (S.I. 1993/1196) (as amended under Part 2 of this Schedule) has effect on and after the coming into force of paragraph 6(2) (repeal of section 4 of the Sea Fish (Conservation) Act 1967) as if it were made under paragraph 7(5) of Schedule 3 to this Act.
In paragraph 1 and this paragraph— In the definition of “regional fisheries management agreement” in sub-paragraph (1)— For the purposes of paragraph 6, an aquatic organism is a member of an “alien species” if— For the purposes of paragraph 6, an aquatic organism is a member of a “locally absent species” if it is located—
Before making regulations under paragraph 1 or 3 the Scottish Ministers must consult— Regulations under paragraph 1 or 3 are subject to the affirmative resolution procedure if they contain provision— Subject to sub-paragraph (2) regulations under paragraph 1 or 3 are subject to the negative resolution procedure.
Schedule 5 contains provision conferring power on the Welsh Ministers corresponding to that conferred on the Secretary of State by this section.
The Secretary of State may by regulations establish a scheme (“a charging scheme”) under which chargeable persons are required to pay a charge in respect of unauthorised catches of sea fish. For the meaning of “chargeable person” and “unauthorised catch of sea fish”, see section 29.
A charging scheme must include provision about—
how a charge is to be calculated, and
when payments of a charge are due.
A charging scheme may provide for a charge to be calculated (to any extent) by reference to a matter specified in the scheme, for example—
the quantity of fish caught;
the description of fish caught;
the value of fish caught;
the method by which fish are caught;
the area in which fish are caught.
A charging scheme—
may only require a chargeable person to pay a charge in respect of an unauthorised catch of sea fish caught while the person is registered under the scheme, and
may not require a chargeable person to register under the scheme.
A charging scheme may provide that— In this subsection “prescribed” means prescribed by or in accordance with the scheme.
only a chargeable person in relation to whom prescribed conditions are met is eligible to be registered under the scheme, or
a chargeable person in relation to whom prescribed conditions are met is ineligible to be registered under the scheme.
A charging scheme may make further provision about registration or de-registration under the scheme, including provision about the effect of a person's de-registration.
Regulations under this section are subject to the affirmative resolution procedure.
In the charging scheme provisions, “chargeable person” means—
the holder of an English sea fishing licence, or
a producer organisation that has at least one member who is the holder of an English sea fishing licence.
In the charging scheme provisions, “unauthorised catch of sea fish” means—
in relation to a chargeable person who is the holder of an English sea fishing licence, an amount of sea fish caught in any period by the fishing boat named in that licence that exceeds the amount which that boat is authorised by the Marine Management Organisation to catch in that period;
in relation to a chargeable person who is a producer organisation, an amount of sea fish caught in any period by the fishing boats named in the English sea fishing licences held by its members that exceeds the total amount which those boats are authorised by the Marine Management Organisation to catch in that period.
A charging scheme may make provision about whether, for the purposes of subsection (2), the catching in any period of an amount of sea fish by a fishing boat is authorised by the Marine Management Organisation.
In this section “the charging scheme provisions” means sections 28 to 32.
A charging scheme may provide that if— the catch is to be ignored in determining (for any purpose) whether a relevant regulatory breach has occurred.
a charge is payable in respect of an unauthorised catch of sea fish, and
such other conditions as may be prescribed by or in accordance with the scheme are met,
For this purpose “a relevant regulatory breach” means the catching by a fishing boat of a quantity of sea fish which—
by virtue of a limit imposed under section 15(2) on the authority conferred by the fishing boat's sea fishing licence, constitutes a contravention of the prohibition in section 14(1), or
constitutes a breach of a condition attached under paragraph 1 of Schedule 3 to the fishing boat's sea fishing licence.
The conditions which may be prescribed by virtue of subsection (1)(b) include any condition that could be contained in an English sea fishing licence.
A charging scheme may include provision—
for the appointment by the Secretary of State of one or more persons (“charge collectors”) to administer the scheme;
about the terms on which a charge collector holds office;
conferring functions on a charge collector, including functions involving the exercise of a discretion;
about the termination of a charge collector's appointment.
The functions that may be conferred on a charge collector under subsection (1)(c) include functions relating to—
the keeping, for the purposes of the scheme, of registers of chargeable persons;
the imposition of, or monitoring of compliance with, conditions prescribed by virtue of—
section 28(5) (conditions relating to eligibility to be registered), or
section 30(1)(b) (conditions relating to availability of regulatory action);
the collection or management of payments received under the scheme;
the keeping, disclosure or publication of accounts, records or other documents or information relating to the scheme.
The provision that may be made under subsection (1)(d) includes—
provision imposing duties on a person who has ceased to be a charge collector;
provision under which a person is treated as de-registered on the termination of the appointment of the charge collector who registered that person.
A charging scheme may make provision about appeals from decisions of charge collectors under the scheme.
The Secretary of State may make payments to charge collectors to cover expenditure incurred in the carrying out of their functions.
Payments may be made under subsection (5) subject to any conditions the Secretary of State thinks appropriate (including conditions as to repayment).
A charging scheme may provide that, where the holder of an English sea fishing licence is liable to pay a charge, the master of a fishing boat that catches the fish in respect of which the charge is due is liable for the payment jointly and severally with the licence holder.
A charging scheme may provide that a payment due to be paid to a person under the scheme is recoverable by that person as a debt.
A charging scheme may make provision about the application of payments received under the scheme, including provision—
permitting or requiring charge collectors to pay such receipts to the Secretary of State;
permitting or requiring charge collectors to use such receipts to cover expenditure incurred by them in carrying out their functions under the scheme;
permitting or requiring charge collectors or the Secretary of State to use such receipts for such charitable or conservation purposes as may be specified in the scheme.
A charging scheme may—
confer functions on the Secretary of State, including functions involving the exercise of a discretion;
provide for the Secretary of State to appoint a person to exercise any of the Secretary of State's functions under the scheme.
In this section “conservation purpose” has the meaning given by section 36(2).
The Secretary of State may give financial assistance, or arrange for financial assistance to be given, to any person for any of the following purposes—
the conservation, enhancement or restoration of the marine and aquatic environment;
the promotion or development of commercial fish or aquaculture activities;
the reorganisation of businesses involved in commercial fish or aquaculture activities;
contributing to the expenses of persons involved in commercial fish or aquaculture activities;
maintaining or improving the health and safety of individuals who are involved in commercial fish or aquaculture activities;
the training of individuals who are, were or intend to become involved in commercial fish or aquaculture activities, or are family members of such individuals;
the economic development or social improvement of areas in which commercial fish or aquaculture activities are carried out;
improving the arrangements for the use of catch quotas or effort quotas;
the promotion or development of recreational fishing.
Financial assistance given under, or under arrangements made pursuant to, subsection (1) must be given in accordance with a scheme established by regulations made by the Secretary of State.
The scheme may only provide for financial assistance to be given—
in relation to England,
in relation to an area that is, or areas that are—
within the UK marine area, but
not within the Scottish zone, the Welsh zone or the Northern Ireland zone, or
in relation to English fishing boats.
The scheme may—
confer functions (including functions involving the exercise of a discretion) on a person;
require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;
require the Secretary of State, or another person, to publish specified information about financial assistance given in accordance with the scheme.
In subsection (4)(c) “specified” means specified by the scheme; and information that may be specified under that provision includes information about—
the recipient of the financial assistance;
the amount of the financial assistance;
the purpose for which the financial assistance was given.
The scheme may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018).
The scheme may include provision under which—
financial assistance is given subject to conditions specified by, or in accordance with, the scheme;
financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.
Regulations under this section are subject to the affirmative resolution procedure.
In this section—
“UK fishing boat” means a fishing boat—
Each of the fisheries policy authorities must— Sub-paragraph (3) applies if, during the scrutiny period— The fisheries policy authority must lay before the appropriate legislature a statement setting out its response to the resolution or recommendation. In this paragraph—
The Secretary of State must— The Secretary of State must, in settling the final text of the relevant document, have regard to any representations made to the Secretary of State about the consultation draft. In this paragraph “interested persons” means—
Sub-paragraph (2) applies in a case within paragraph 9(1)(a) where the fisheries policy authority mentioned in paragraph 9(1)(a) has— The fisheries policy authority must publish the relevant document as soon as reasonably practicable. Sub-paragraph (4) applies in a case within paragraph 9(1)(b) where— The relevant authorities acting jointly must publish the relevant document as soon as reasonably practicable.
The Inshore Fishing (Prohibition of Fishing and Fishing Methods) Regulations (Northern Ireland) 1993 (S.R. (N.I.) 1993 No. 155) are amended as follows. In regulation 4 (exceptions), omit “to any person who is not a British citizen or”.
The Conservation of Scallops Regulations (Northern Ireland) 2008 (S.R. (N.I.) 2008 No. 430) are amended as follows. In regulation 2 (interpretation), omit the definition of “British fishing boat”. In regulation 3 (prohibition of fishing and fishing methods) in paragraphs (3), (4), (7)(b) and (8), omit “British”. In regulation 4 (exemptions), omit paragraph (a).
The Sea Fisheries Act 1968 is amended as follows. In section 8 (general powers of British sea-fishery officers)— In section 12 (recovery of fines imposed on master etc or crew), in subsections (1) and (2), for “section 2 of the Fishery Limits Act 1976” substitute “section 12 of the Fisheries Act 2020”. In section 13 (compensation for damage caused by offence), in subsections (2) and (4), for “section 2 of the Fishery Limits Act 1976” substitute “section 12 of the Fisheries Act 2020”. In section 14 (jurisdiction to try offences), omit “or section 2 of the Fishery Limits Act 1976”.
The Fishery Limits Act 1976 (Guernsey) Order 1989 (S.I. 1989/2407) is revoked.
Schedule 6 contains—
provision conferring power on the Scottish Ministers, the Welsh Ministers and the Northern Ireland department corresponding to that conferred on the Secretary of State by this section, and
consequential amendments and transitional provision relating to this section and the provision mentioned in paragraph (a).
The Secretary of State may by regulations make provision for the Marine Management Organisation (“the MMO”) to impose charges in respect of the exercise by the MMO of a relevant marine function.
“Relevant marine function” means a function relating to—
fishing quotas;
ensuring that commercial fish activities are carried out lawfully;
the registration of buyers and sellers of first-sale fish;
catch certificates for the import and export of fish.
The charges which may be authorised by the regulations are—
a charge on a person in respect of the exercise of a function in relation to that person, or
periodic or other charges on persons carrying out an activity in respect of the exercise of a function which relates to that activity.
The regulations may include provision about—
who is liable to pay a charge;
the circumstances in which a charge is payable;
the amount of a charge (including how an amount is to be calculated);
reductions and exemptions;
waivers;
how and when a charge is to be paid;
the collection and recovery of payments;
interest payable on outstanding payments;
the resolution of disputes (including appeals).
The regulations may confer a discretion on the MMO.
A power conferred on the MMO under this section does not affect, and is not affected by, any other power of the MMO to impose charges.
Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.
Regulations under this section are subject to the negative resolution procedure.
In this section—
the Welsh Ministers, and
Schedule 7 contains provision conferring power on the Scottish Ministers, the Welsh Ministers and the Northern Ireland department corresponding to that conferred on the Secretary of State by this section.
In the Fisheries Act 1981, in section 3 (powers of the Sea Fish Industry Authority), in subsection (5)(a), omit “in the case of a country which is not a member State,”.
The Secretary of State may by regulations make provision—
for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,
for a conservation purpose (see subsection (2)), or
for a fish industry purpose (see subsection (3)).
“A conservation purpose” means any of the following—
the purpose of conserving, improving or developing marine stocks;
the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;
the purpose of protecting or improving the health of any fish or other aquatic animal.
“A fish industry purpose” means any of the following—
the purpose of promoting or developing commercial fish or aquaculture activities;
the purpose of improving the traceability of fishery products;
the purpose of disseminating information about fishery products.
Except so far as they are regional fisheries management regulations, regulations under subsection (1) may only include provision about—
the quantity of sea fish that may be caught;
the amount of time that fishing boats may spend at sea;
the landing of sea fish;
bycatch;
catching, landing or selling sea fish that are below a certain size;
setting and enforcing targets relating to marine stocks;
the design of sea fishing equipment;
the use of sea fishing equipment;
the retrieval of lost or discarded sea fishing equipment;
methods of sea fishing;
the processing of sea fish;
the use to which the Secretary of State may put information obtained in the exercise of the Secretary of State's functions relating to fisheries or aquaculture;
the functions, objectives or regulation of producer organisations or inter-branch organisations;
the marketing of fishery products (including labelling);
keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—
commercial fish or aquaculture activities, or
monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;
the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;
monitoring, or enforcing, compliance with the regulation of any of the matters mentioned in the preceding paragraphs of this subsection.
In subsection (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—
by, or pursuant to, a regional fisheries management agreement, or
by a regional fisheries management organisation.
Without prejudice to the generality of section 51(1)(b), regulations under this section may make different provision in relation to—
different descriptions of sea fish or other animal,
different descriptions of fishing boat, or
different areas of the sea or inland waters.
In section 36 and this section—
“sea fishing equipment” means—
The Scottish Ministers may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals. Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—
The Welsh Ministers may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals. Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—
The Northern Ireland department may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals. Regulations under this paragraph may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—
The Common Fisheries Policy Regulation is amended as follows. Article 2 (objectives) is revoked. In Article 4 (definitions), in paragraph 1, at the end insert— Article 5 (right of equal access for EU fishing vessels to waters of member States) is revoked. Article 9 (principles and objectives of multiannual plans) is revoked. Article 10 (content of multiannual plans) is revoked. Article 16 (distribution of fishing opportunities by the Council to member States) is revoked. Article 17 (criteria for the allocation of fishing opportunities by member States) is revoked. In Article 28 (external relations)— In Article 29 (United Kingdom activities in international fisheries organisations) for paragraph 2 substitute— In Article 33 (management of stocks of common interest), in paragraph 1— In Article 35 (organisation of the markets), in paragraph 1, in point (a), for the words from “objectives” to the end substitute “fisheries objectives”. Annex I (right of equal access for EU fishing vessels to waters of member States) is revoked.
Regulation (EU) 2017/1004 of the European Parliament and of the Council on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy is amended as follows. In Article 1 (subject matter and scope), in paragraph 1— In Article 5 (content and criteria for multiannual programmes)—
Regulation (EU) 2019/472 of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks is amended as follows. In Article 1 (subject-matter and scope), in paragraph 1— In Article 3 (objectives)— In Article 4 (targets)— In Article 5 (management of by-catch stocks)— In Article 7 (conservation reference points), for “A fisheries administration” substitute “The Secretary of State”. In Article 8 (safeguards)— In Article 11 (recreational fisheries), in paragraphs 1 and 2, for “any person determining fishing opportunities”, in both places it occurs, substitute “a fisheries administration”. In Article 12 (effort limitation for sole in the Western Channel), in paragraph 2— In Article 14 (fishing authorisations and capacity ceilings), in paragraph 1— In Article 15 (principles and objectives of management of stocks of common interest)—
Commission Delegated Regulation (EU) 2019/2239 specifying details of the landing obligation for certain demersal fisheries in North-Western waters for the period 2020-2021 is amended as follows. In Article 6 (exemption for plaice), omit paragraph (2). In Article 8 (de minimis exemptions)—
In the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010 (S.S.I. 2010/334) (as amended by the Exit Regulations)— In the Sea Fishing (EU Control Measures) (Scotland) Order 2015 (S.S.I. 2015/320) (as amended by the Exit Regulations), in article 2(1)— In this paragraph “the Exit Regulations” means the Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/24).
In the definition of “regional fisheries management agreement” in subsection (1)—
“the high seas” has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);
“straddling stocks” means stocks to which Article 63(2) of UNCLOS (stocks both in, and in an area beyond and adjacent to, an EEZ) applies;
“highly migratory species” means a species listed in Annex 1 to UNCLOS.
For the purposes of section 36, an aquatic organism is a member of an “alien species” if—
it is located outside the known natural range, and the area of the natural dispersal potential, of the species or subspecies of which it is a member,
it is a polyploid organism, or
it is a member of a fertile artificially hybridised species or subspecies.
For the purposes of section 36, an aquatic organism is a member of a “locally absent species” if it is located—
within the known natural range of the species or subspecies of which it is a member, and
in an area in which that species or subspecies is absent (in a wild state).
The Secretary of State may by regulations make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals.
Regulations under this section may, in particular, include provision regulating the importation, exportation, movement, storage or handling of—
fish or other aquatic animals;
products derived from fish or other aquatic animals;
any other thing that the Secretary of State considers may carry, or otherwise affect the prevalence of, a disease of fish or other aquatic animals.
Regulations under section 36 or 38 may—
confer a function, including a function involving the exercise of a discretion, on any person, or
impose fees.
Regulations under section 36 or 38 may create a criminal offence, but not one punishable with imprisonment.
Regulations under section 36 or 38 may not include provision which— unless the provision is merely incidental to, or consequential on, provision which would be outside that legislative competence.
would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament,
would be within the legislative competence of Senedd Cymru if it were included in an Act of Senedd Cymru (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006), or
would be within the legislative competence of the Northern Ireland Assembly if it were included in an Act of that Assembly,
Subsection (3) does not prevent the inclusion of provision in regulations under section 36 or 38 if and to the extent that the provision relates to the regulation of sea fishing by—
Scottish fishing boats within British fishery limits but outside the Scottish zone,
Welsh fishing boats outside the Welsh zone,
Northern Ireland fishing boats within British fishery limits but outside the Northern Ireland zone, or
British fishing boats that are not Scottish fishing boats, Welsh fishing boats or Northern Ireland fishing boats.
Regulations under section 36 or 38 may not include provision modifying a function of the Secretary of State, or of any of the sea fish licensing authorities, under any of the provisions of sections 14 to 18 or Schedule 3 (licensing of fishing boats).
A reference in subsection (5) to “modifying” a function of a person under an enactment includes—
abolishing the function;
changing the purpose or objective for which the function is exercised;
changing the conditions under which the function is exercised.
A power to make regulations under section 36 or 38 is capable of being exercised so as to amend, repeal or revoke any enactment (apart from sections 36 to 42, Schedule 8, and section 52 so far as it applies for the purposes of those enactments).
In subsection (7) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.
Provision which could be included in regulations under section 36 or 38 but for section 39(3)(a) may be so included with the consent of the Scottish Ministers.
Provision which could be included in regulations under section 36 or 38 but for section 39(3)(b) or may be so included with the consent of the Welsh Ministers.
Provision which could be included in regulations under section 36 or 38 but for section 39(3)(c) may be so included with the consent of the Northern Ireland department.
Provision which could be included in regulations under section 36 or 38 but for section 39(5) may be so included with the consent of—
the Scottish Ministers,
the Welsh Ministers, and
the Northern Ireland department.
Before making regulations under section 36 or 38, the Secretary of State must consult—
the Scottish Ministers,
the Welsh Ministers,
the Northern Ireland department, and
such other persons likely to be affected by the regulations as the Secretary of State considers appropriate.
Regulations under section 36 or 38 are subject to the affirmative resolution procedure if they contain provision—
amending or repealing primary legislation;
imposing fees;
creating a criminal offence or increasing the penalty for, or widening the scope of, a criminal offence; or
conferring functions on, modifying functions of, or otherwise relating to the regulation of—
a producer organisation in the United Kingdom, or
an inter-branch organisation in the United Kingdom.
Subject to subsection (2), regulations under section 36 or 38 are subject to the negative resolution procedure.
Schedule 8 contains provision conferring powers on the Scottish Ministers, the Welsh Ministers and the Northern Ireland department corresponding to those conferred on the Secretary of State by sections 36 and 38.
A sea fish licensing authority may make arrangements for— to be exercised on its behalf by another sea fish licensing authority.
any of its fisheries functions, or
any of its product movement functions that are not fisheries functions,
Arrangements made by a sea fish licensing authority under subsection (1) in relation to a function do not affect that authority's responsibility for the exercise of the function.
A sea fish licensing authority that exercises functions on behalf of another sea fish licensing authority under subsection (1) may charge that other authority such fees as it considers reasonable in respect of the cost of doing so.
Subsection (1) does not authorise the making of arrangements in relation to any function of making, confirming or approving subordinate legislation.
The power of a sea fish licensing authority to make arrangements under subsection (1) does not affect, and is not affected by, any other power of the authority to make arrangements relating to the exercise of its functions by other persons on its behalf.
In this section—
No prohibition, restriction or obligation relating to sea fishing imposed by any enactment applies to—
anything done or not done by or in relation to a foreign fishing boat at a time at which the fishing boat is in waters lying within the Special Area and is exclusively Faroe Islands-regulated, or
anything done or not done in relation to sea fish that were caught by a foreign fishing boat in waters lying within the Special Area at a time at which the fishing boat was exclusively Faroe Islands-regulated.
For the purposes of this section a foreign fishing boat is “exclusively Faroe Islands-regulated” if—
there is in force a licence issued by or on behalf of the Government of the Faroe Islands authorising it to fish in waters lying (to any extent) within the Special Area, and
the fishing boat is not on a list maintained and published by the Scottish Ministers for the purposes of this subsection.
In this section—
“enactment” has the same meaning as in the European Union (Withdrawal) Act 2018 and includes an enactment contained in or made under this Act;
“the Special Area” means the Special Area, as defined in Article 4 of, and Schedule C to, the Faroe Islands Treaty;
“the Faroe Islands Treaty” means the agreement between— relating to the maritime delimitation in the area between the Faroe Islands and the United Kingdom, entered into on 18 May 1999.
the Government of the United Kingdom, and
the Government of the Kingdom of Denmark together with the Home Government of the Faroe Islands,
The Government of Wales Act 2006 is amended as follows.
In section 108A (legislative competence), after subsection (4) insert—
In section 157A (devolved Welsh authority), after subsection (8) insert—
References in sub-paragraph (6) to Wales include, in relation to a relevant function or activity of a cross-border body, the area of the Welsh zone beyond the seaward limit of the territorial sea. A function or activity of a cross-border body is “relevant” if it relates to fishing, fisheries or fish health.
In Schedule 7A (reserved matters)—
in paragraph 9, after sub-paragraph (4) insert—
in paragraph 195, after sub-paragraph (3) insert—
References in sub-paragraph (6) to Wales include, in relation to a relevant function or activity of a cross-border body, the area of the Welsh zone beyond the seaward limit of the territorial sea. A function or activity of a cross-border body is “relevant” if it relates to fishing, fisheries or fish health.
In the Interpretation Act 1978, section 23B (application of Interpretation Act 1978 to Welsh legislation), as substituted by paragraph 1 of Schedule 2 to the Legislation (Wales) Act 2019 (anaw 4), is amended in accordance with subsections (2) and (3).
In subsection (6), for “and “Wales”” substitute “, “Welsh zone” and (subject to subsection (7)) “Wales””.
After subsection (6) insert—
The Legislation (Wales) Act 2019 (anaw 4) is amended in accordance with subsections (5) to (8).
In section 1(3)(d) (duty to keep accessibility of Welsh law under review)—
in the English language text, omit “applies in relation to Wales and relates to subject matter which”;
in the Welsh language text, omit “y mae'n gymwys o ran Cymru ac y mae'n ymwneud â phwnc”.
In section 3 (legislation to which Part 2 of the Act applies), after subsection (3)—
in the English language text, insert—;
in the Welsh language text, insert—
After section 40—
in the English language text insert—;
in the Welsh language text insert—
In Schedule 1, in the Table—
Welsh zone (parth Cymru) “Welsh zone” has the meaning given by section 158 of the Government of Wales Act 2006 (c. 32) (and see article 3 of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), which makes provision about the limits of the zone)
parth Cymru (Welsh zone) mae i “parth Cymru” yr ystyr a roddir i “Welsh zone” gan adran 158 o Ddeddf Llywodraeth Cymru 2006 (p. 32) (a gweler erthygl 3 o Orchymyn Parth Cymru (Ffiniau a Throsglwyddo Swyddogaethau) 2010 (O.S. 2010/760), sy'n gwneud darpariaeth ynghylch terfynau'r parth)”.
Schedule 9 contains amendments of the Conservation of Seals Act 1970 and the Wildlife (Northern Ireland) Order 1985 (1985/171 (N.I. 2)) in connection with prohibiting the killing, injuring or taking of seals.
Schedule 10 contains—
in Part 1, amendments of the Marine and Coastal Access Act 2009 relating to the general powers and duties of the Marine Management Organisation, and
in Part 2, amendments of that Act conferring powers on the Marine Management Organisation, the Welsh Ministers, the Scottish Ministers and the Northern Ireland Department to make byelaws or orders relating to the exploitation of sea fisheries resources for conservation purposes, together with consequential amendments of other enactments.
Schedule 11 contains minor and consequential amendments of retained direct EU legislation.
Where— the amendment or revocation is treated, for the purpose of making further provision under that enactment, as having been made under it.
any provision of this Act amends or revokes subordinate legislation, and
the amendment or revocation could have been made under a power conferred by an enactment,
In this section “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.
Regulations under any provision of this Act may make—
consequential, supplementary, incidental, transitional, or saving provision;
different provision for different purposes or areas.
Regulations under this Act made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.
Where regulations under this Act are subject to “the negative resolution procedure” and are made —
by the Secretary of State, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;
by the Scottish Ministers, they are subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
by the Welsh Ministers, they are subject to annulment in pursuance of a resolution of Senedd Cymru;
by the Northern Ireland department, the instrument containing them is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Where regulations under this Act are subject to “the affirmative resolution procedure” and are made—
by the Secretary of State, they may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament;
by the Scottish Ministers, they are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));
by the Welsh Ministers, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;
by the Northern Ireland department, they may not be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Any provision that may be made by regulations under this Act subject to the negative resolution procedure may be made by regulations subject to the affirmative resolution procedure.
This section does not apply to regulations under section 54.
In this Act—
Subject as follows, this Act extends to England and Wales, Scotland and Northern Ireland.
In Schedule 8—
Part 1 extends to Scotland only;
Part 2 extends to England and Wales only;
Part 3 extends to Northern Ireland only.
An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.
But an amendment, repeal or revocation does not, by virtue of subsection (3), extend to any of the Channel Islands or the Isle of Man.
Subsection (4) does not apply to the repeals and revocations made by paragraphs 3 to 5 of Schedule 4.
Her Majesty may by Order in Council provide for the following provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man—
subsection (1)(a) of section 36 (power to make provision for the purpose of implementing international obligations),
subsections (4) to (6) of that section,
section 37 (interpretation of section 36),
sections 39 to 41 (regulations under section 36: scope and procedure),
section 51 (regulations), and
section 52 (interpretation).
The following provisions come into force on the day on which this Act is passed—
sections 1 to 11 and Schedule 1 (fisheries objectives, statements etc);
sections 23, 24 and 26 (fishing opportunities);
section 33 and Schedule 6 (financial assistance);
sections 36 to 42 and Schedule 8 (powers to make further provision);
section 43 (agency arrangements between sea fish licensing authorities);
section 48(a) and Part 1 of Schedule 10 (general functions of MMO);
sections 50 to 55 (final provisions).
Sections 45 and 46 (legislative competence of Senedd Cymru etc) come into force at the end of the period of two months beginning with the day on which this Act is passed.
The following provisions come into force on IP completion day—
sections 12 and 13 and Schedule 2 (foreign fishing boats: access etc);
sections 14 to 22, Schedule 3 and (subject to subsection (6)) Schedule 4 (licensing of fishing boats);
section 25 (distribution of fishing opportunities);
section 35 (charging by Sea Fish Industry Authority);
section 44 (foreign fishing boats exclusively Faroe Islands-regulated);
section 49 and Schedule 11 (minor and consequential amendments).
The following provisions come into force on IP completion day or, if later, at the end of the period of two months beginning with the day on which this Act is passed—
section 27 and Schedule 5 (sale of fishing opportunities);
sections 28 to 32 (discard prevention charging schemes);
section 34 and Schedule 7 (charges: powers of MMO etc);
section 48(b) and Part 2 of Schedule 10 (powers relating to the exploitation of sea fisheries resources).
Section 47 and Schedule 9 (conservation of seals) come into force on 1 March 2021.
In Schedule 4, the amendment made by paragraph 6(13)(d) is treated as always having had effect.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
The power to make regulations under subsection (7) includes power to make different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Fisheries Act 2020.