Fisheries Act 2020

Sea Fishing (Licences and Notices) Regulations 1994

15 (1) The Sea Fishing (Licences and Notices) Regulations 1994 (S.I. 1994/2813) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation)—

(a) in the heading, after “commencement” insert “, application”;

(b) after paragraph (1) insert—

“(1A) These regulations apply in relation to—

(a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Welsh fishing boats;

(b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Welsh Ministers; and

(c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)—

(i) in respect of Welsh fishing boats, or

(ii) by the Welsh Ministers in respect of foreign fishing boats.”;

(c) in paragraph (2), for the definition of “licence” substitute—

• ““licence” means a licence to which these regulations apply (see regulation 1(1A));”;

(d) in paragraph (2), in the definition of “nominee”, in paragraph (b), for “in a member State and having a place of business” substitute “, and having a place of business,”;

(e) in paragraph (2), for the definition of “sea fishing licence” substitute—

• ““sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(1A)(a) or (b);”;

(f) in paragraph (2), at the end insert—

• ““temporary foreign vessel licence” means a licence that—

  (a)

  is granted in respect of a foreign fishing boat, and

  (b)

  has effect for a period of no more than three weeks;

• “Welsh fishing boat” means a fishing boat—

  (a)

  which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

  (b)

  whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.”

(3) In regulation 2 (communication of licences and notices)—

(a) in paragraph (1), in the opening words—

(i) after “A licence” insert “, other than a temporary foreign vessel licence,”;

(ii) for “a nominee” substitute “an appropriate recipient”;

(b) in paragraph (1), for sub-paragraph (d) substitute—

“(d) subject to paragraph (6), transmitting it to the appropriate recipient by means of an electronic communication to an address which the appropriate recipient has specified in accordance with sub-paragraph (b) of that paragraph.”;

(c) for paragraph (2) substitute—

“(2) A notice shall be effected by communicating it to an appropriate recipient—

(a) in any of the ways specified in paragraph (1);

(b) by publishing it on a website, the address of which is indicated on the licence to which the notice relates; or

(c) in accordance with paragraph (3).”;

(d) after that paragraph insert—

“(2A) In paragraphs (1) and (2), “an appropriate recipient” means—

(a) in relation to a licence or notice relating to a Welsh fishing boat—

(i) the owner or charterer of the fishing boat, or

(ii) a nominee of that owner or charterer;

(b) in relation to a licence or notice relating to a foreign fishing boat, the owner or charterer of the fishing boat.

(2B) A temporary foreign vessel licence shall be granted to the owner or charterer of a foreign fishing boat by communicating it to the relevant person by—

(a) transmitting it to the relevant person by means of an electronic communication, and

(b) subsequently publishing it on the website of the Welsh Ministers or of a person granting the licence on their behalf.

(2C) In paragraph (2B), “the relevant person”, in relation to a foreign fishing boat, means—

(a) if the fishing boat is registered in a member State, the European Commission;

(b) if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.”;

(e) in paragraph (3), in the closing words, omit “granted by the appropriate Minister,”;

(f) after paragraph (4) insert—

“(5) A notice, other than a notice published in accordance with paragraph (3), must—

(a) specify the name, port letters and number of the fishing boat named in the licence to which the notice relates, or

(b) in the case of a notice in respect of two or more licences, specify the name, port letters and number of the fishing boats named in the licences.

(6) A licence, other than a temporary foreign vessel licence, or notice may be communicated to a person by means of an electronic communication only if the following conditions are met—

(a) the use of the electronic communication results in the information contained in the licence or notice being available to the person in all material respects as it would appear in a licence or notice given in printed form, and

(b) the person has specified an address for the purpose of receiving such communications.”

(4) In regulation 3 (delivery of licences and giving of notices)—

(a) in the heading, for “Delivery” substitute “Granting”;

(b) in paragraphs (1) and (2), for “delivered” substitute “granted”;

(c) in paragraph (3)—

(i) after “A licence” insert “, other than a temporary foreign vessel licence,”;

(ii) for “a nominee’s” substitute “an”;

(iii) for “delivered” substitute “granted”;

(d) after paragraph (3) insert—

“(3A) In relation to a licence or notice transmitted by electronic means at any time during January 2021, the reference in paragraph (3) to 24 hours is to be read as a reference to one hour.

(3B) A notice communicated in accordance with regulation 2(2)(b) (publication on website) shall be treated as given immediately it is published in accordance with that provision.

(3C) A temporary foreign vessel licence communicated in accordance with regulation 2(2B) shall be treated as granted immediately it is published in accordance with that provision.”;

(e) in paragraph (5) (in each place it occurs), for “delivered” substitute “granted”.

(5) In regulation 4 (time at which licences and notices to have effect)—

(a) in paragraph (a)—

(i) after “2(1)” insert “or (2B)”;

(ii) omit “, and a notice which is communicated in accordance with regulation 2(2)(b),”;

(iii) for “delivered or given” substitute “granted”;

(b) in paragraph (b), omit the “and” at the end;

(c) after that paragraph (b) insert—

“(ba) a notice which is communicated in accordance with regulation 2(2)(b) (publication on website) shall have effect 24 hours after it is treated as given in accordance with regulation 3; and”.