Overview of the Act
- The Fisheries Act (the Act) provides the legal framework for the United Kingdom to operate as an independent coastal state under the United Nations Convention on the Law of the Sea 1982 (UNCLOS) after the UK has left the Common Fisheries Policy (the CFP) at the end of the Transition Period at 11pm on 31 December 2020. The Act creates common approaches to fisheries management between the Secretary of State for Environment, Food and Rural Affairs (the "Secretary of State") and the Devolved Administrations, known collectively as the Fisheries Administrations, and makes reforms to fisheries management across the UK. It also confers additional powers on the Marine Management Organisation ("the MMO") to improve the regulation of fishing and the marine environment in the UK and beyond.
- The Act contains the following provisions:
- Fisheries objectives, fisheries statements and fisheries management plans: the Act replaces the objectives currently in Article 2 of the Basic Regulation of the Common Fisheries Policy (Regulation (EU) 1380/2013), with a new set of objectives for the Fisheries Administrations. These set out the priorities for the Fisheries Administrations once the UK leaves the CFP. The Fisheries Administrations are required to publish a joint fisheries statement setting out the policies which would achieve or contribute to the achievement of those objectives. The Secretary of State may publish a separate statement setting out policies on non-devolved matters if these are not included in the joint fisheries statement. The Fisheries Administrations must include a statement on fisheries management plans in the joint fisheries statement and must publish fisheries management plans setting out policies for restoring fish stocks to, or maintaining them at, levels capable of producing maximum sustainable yield where that is the appropriate measure. The Fisheries Administrations are required to pursue the policies contained in the statements and plans unless there is a relevant change in circumstances which would indicate a different approach is necessary.
- Access: when the UK leaves the EU, any access for EU and other foreign boats to UK waters will be a matter for negotiation. The Act revokes the EU legislation which currently provides for automatic rights for boats registered in the EU to access UK waters. By revoking provisions in the Fishery Limits Act 1976, it removes the need to designate which countries’ boats are able to fish in UK waters and introduces a new requirement that foreign fishing in UK waters must be licensed by the MMO or one of the Fisheries Administrations to fish in UK waters or be for a purpose recognised under international law (for example, freedom of navigation).
- Fishing boat licensing: the Act revokes, replaces existing powers for licensing authorities to license fishing in UK waters. For the most part, this is a consolidation of existing powers, but the Act makes several significant changes. It provides for equal access for UK boats in UK waters by clarifying that licences issued by one of the licensing authorities are effective throughout UK waters. It also prohibits foreign boats from fishing in UK waters unless they have a licence issued by a UK licensing authority.
- Fishing opportunities: the Act revokes EU legislation which currently sets UK fishing opportunities and provides for the Secretary of State to determine the UK’s fishing opportunities. Before doing so they must consult the Devolved Administrations and the MMO. The Secretary of State must also make certain notifications, including a notification to Parliament. The Act also introduces powers to enable annual fishing opportunities to be sold to those in the English and Welsh fishing industries by the Secretary of State and the Welsh Ministers respectively.
- Discard prevention charging scheme: The Act contains a regulation-making power to set up a scheme for charging English fishing licence holders that land fish in excess of their authorised quota. This will support compliance with the landing obligation (which requires all species under quota to be landed) by encouraging the uptake of more sustainable fishing practices.
- Marine environment: the Act extends marine conservation powers to regulate fishing for the purposes of protecting the marine environment. The MMO, Scottish Ministers and Welsh Ministers will be able to regulate fishing outside territorial waters and outside marine protected areas. It extends the MMO‘s existing byelaw making powers and confers equivalent order making powers on the Scottish Ministers and Welsh Ministers. The Act also enables the MMO to exercise certain research, training and advisory functions outside UK waters (e.g. to support the development of marine protected areas in the waters of an Overseas Territory as part of the "Blue Belt" programme).
- Financial assistance: the Act provides powers for the Fisheries Administrations to introduce schemes of financial assistance for the fish and aquaculture industries, to improve the marine and aquatic environment, to develop areas in which fish or aquaculture activities are carried out, to promote the health and safety of fishers and to promote recreational fishing. The powers replace and broaden existing domestic funding powers and will allow new funding schemes to match the breadth of what is currently funded under the European Maritime and Fisheries Fund (EMFF).
- Cost recovery: the Act extends the cost recovery powers of the MMO and the Devolved Administrations to enable them to charge for services they provide to the fishing industry.
- Power to amend UK law (including primary legislation and retained EU law) related to fisheries and aquaculture: the Act provides a power, by regulations, to make provision in relation to listed fisheries matters and for listed purposes. The power is exercisable by the Secretary of State and the Devolved Administrations. The Secretary of State could also introduce UK-wide measures with the consent of the Devolved Administrations.
- Power to amend UK law (including primary legislation and retained EU law) related to aquatic animal health: the Act provides a power, by regulations, to make provision in relation to listed matters related to the control of aquatic animal diseases and for listed purposes. The power is exercisable by the Secretary of State and equivalent powers are provided for the Devolved Administrations. The Secretary of State could also introduce UK-wide measures with the consent of the Devolved Administrations.
- Extension of the legislative competence of the Senedd Cymru: this enables the Senedd to make primary legislation on fishing, fisheries and fish health matters in the Welsh zone.
