Fisheries Act 2020

Fishing opportunities U.K.

23 Power of Secretary of State to determine fishing opportunities U.K.

(1) The Secretary of State may determine, for such year or other period as may be specified in the determination—

(a) the maximum quantity of sea fish that may be caught by British fishing boats;

(b) the maximum number of days that British fishing boats may spend at sea.

(2) 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.

(3) Different maxima may be determined under subsection (1)—

(a) for, or for fishing boats fishing for, different descriptions of sea fish,

(b) for different areas of sea, or

(c) (subject to subsection (4)) for different descriptions of fishing boat.

(4) Different maxima may not be so determined by reference to—

(a) the location of a British fishing boat's home port, or

(b) any other connection of a British fishing boat, or any of its owners, to any place in the United Kingdom.

(5) In this Act—

(a) “catch quota” means a quantity of sea fish determined under subsection (1)(a);

(b) “effort quota” means a number of days at sea determined under subsection (1)(b).

(6) The Secretary of State may—

(a) exercise a power in subsection (1) so as to—

(i) determine a maximum quantity of sea fish, or maximum number of days at sea, of zero, or

(ii) make a determination replacing a determination already made;

(b) withdraw a determination already made.

(7) A determination under subsection (1) may not be made or withdrawn after the end of the period to which it relates.

(8) 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.

(9) 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).

(10) Regulations under subsection (8) are subject to the negative resolution procedure.

(11) References in retained direct EU 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.

24 Duties relating to a determination of fishing opportunities U.K.

(1) Before making or withdrawing a determination under section 23, the Secretary of State must consult—

(a) the Scottish Ministers,

(b) the Welsh Ministers,

(c) the Northern Ireland department, and

(d) the Marine Management Organisation.

(2) As soon as reasonably practicable after making or withdrawing a determination under section 23, the Secretary of State must—

(a) 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,

(b) lay a copy of that notice before Parliament, and

(c) send a copy of that notice to the Scottish Ministers, the Welsh Ministers and the Northern Ireland department.

25 Distribution of fishing opportunities U.K.

(1) When distributing catch quotas and effort quotas for use by fishing boats, the national fisheries authorities must use criteria that—

(a) are transparent and objective, and

(b) include criteria relating to environmental, social and economic factors.

(2) The criteria may in particular relate to—

(a) the impact of fishing on the environment;

(b) the history of compliance with regulatory requirements relating to fishing;

(c) the contribution of fishing to the local economy;

(d) historic catch levels.

(3) When distributing catch quotas and effort quotas for use by fishing boats, the national fisheries authorities must seek to incentivise—

(a) the use of selective fishing gear, and

(b) 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).

(4) In this section “the national fisheries authorities” means—

(a) the Secretary of State,

(b) the Marine Management Organisation,

(c) the Scottish Ministers,

(d) the Welsh Ministers, and

(e) the Northern Ireland department.

26 Duties to ensure fishing opportunities not exceeded U.K.

(1) The national fisheries authorities must exercise their functions relating to fisheries so as to secure (so far as possible) that, in any period—

(a) no sea fish are caught by British fishing boats in excess of a catch quota for that period;

(b) no days are spent at sea by British fishing boats in excess of an effort quota for that period.

(2) 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—

(a) Article 15 of the Common Fisheries Policy Regulation (landing obligation), or

(b) any other provision of retained direct EU legislation.

(3) 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.

(4) In this section “the national fisheries authorities” means—

(a) the Secretary of State,

(b) the Marine Management Organisation,

(c) the Scottish Ministers,

(d) the Welsh Ministers, and

(e) the Northern Ireland department.

Valid from 23/01/2021

27 Sale of English fishing opportunities U.K.

(1) The Secretary of State may by regulations make provision for the sale of—

(a) rights to use one or more English catch quotas;

(b) rights to use one or more English effort quotas.

(2) 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.

(3) The regulations may include provision—

(a) for rights to be sold by competitive tender or auction;

(b) for a competitive tender process or auction to be run by such person as the regulations may designate;

(c) 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;

(d) specifying persons, or descriptions of person, who are eligible or ineligible to buy rights;

(e) requiring a person to pay a deposit, or do any other thing, in order to be eligible to buy rights;

(f) requiring or prohibiting the repayment of a deposit;

(g) setting, or conferring power to set, limits on the rights that may be bought by a person or description of person;

(h) 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;

(i) 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;

(j) about how and when—

(i) payments for rights are to be made, and

(ii) payments received are to be dealt with;

(k) allowing or requiring rights sold in accordance with the regulations to a person to be transferred to, or be exercised by, another person;

(l) prohibiting rights sold to a person in accordance with the regulations from being transferred to, or being exercised by, another person;

(m) 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;

(n) for the payment of compensation to a person who holds but does not use rights sold in accordance with the regulations;

(o) about appeals relating to eligibility for, or the outcome of, a tender process or auction;

(p) requiring a person running a tender process or auction to issue guidance.

(4) The Marine Management Organisation must exercise its functions so as to secure (so far as possible) that—

(a) fishing boats are not used in contravention of section 14(1) (prohibition on fishing without authority of licence), and

(b) conditions attached to sea fishing licences under paragraph 1 of Schedule 3 are not broken,

as a result of the exercise of rights sold in accordance with the regulations.

(5) Before making regulations under this section the Secretary of State must consult such persons as the Secretary of State thinks appropriate.

(6) Regulations under this section are subject to the affirmative resolution procedure.

(7) In this section—

• “English catch quota” means so much of a catch quota as would (if not sold in accordance with the regulations) be available for distribution by the Secretary of State or the Marine Management Organisation for use by English fishing boats;

• “English effort quota” means so much of an effort quota as would (if not sold in accordance with the regulations) be available for distribution by the Secretary of State or the Marine Management Organisation for use by English fishing boats.

(8) Schedule 5 contains provision conferring power on the Welsh Ministers corresponding to that conferred on the Secretary of State by this section.