Fisheries Act 2020

Commentary on provisions of Act

Fisheries objectives, fisheries statements, and fisheries management plans

Section 1: Fisheries objectives

61. This section lists and defines the UK fisheries objectives. The objectives are the subject of the Joint Fisheries Statement which is provided for in section 2. In this section, as in the rest of the Act, fishing includes recreational as well as commercial fishing unless otherwise specified. Where specified, objectives and other provisions in the Act also relate to aquaculture.
62. Subsection (1) lists the fisheries objectives. These are (a) the sustainability objective, (b) the precautionary objective, (c) the ecosystem objective, (d) the scientific evidence objective, (e) the bycatch objective (f) the equal access objective, (g) the national benefit objective and (h) the climate change objective. Objectives (a) to (d) replace equivalent objectives in Article 2 of the Common Fisheries Policy Basic Regulation while (e) to (h) reflect other priorities for the UK after it leaves the CFP.
63. Subsection (2) provides the meaning given to the "sustainability objective" which is to ensure that fishing and aquaculture activities are environmentally sustainable in the long term, and managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies. It also seeks to ensure that the fishing capacity of fleets is managed to ensure economic viability without over-exploitation of stocks.
64. Subsection (3) provides the meaning given to the "precautionary objective" which is to apply the precautionary approach to fisheries management, and to ensure that exploitation of marine stocks restores and maintains populations of harvested species above biomass levels capable of producing maximum sustainable yield.
65. Subsection (4) provides the meaning given to the "ecosystem objective" which is to implement an ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised, and to ensure that incidental catches (e.g. of cetaceans) are minimised and eliminated where possible.
66. Subsection (5) provides the meaning given to the "scientific evidence objective" which is to contribute to the collection of scientific data, to work between the fisheries administrations where appropriate and share data, and to base fisheries management policy on the best available scientific advice.
67. Subsection (6) provides the meaning given to the "bycatch objective" which is, where appropriate, to avoid or reduce catches of unwanted bycatch, including undersized fish, to record and account for all catches, to ensure catches of fish are landed (rather than discarded at sea) but without incentivising the catching of undersized fish.
68. Subsection (7) provides the meaning given to the "equal access objective" which is to ensure 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 UK.
69. Subsection (8) provides the meaning given to the "national benefit objective" which is to ensure that the activities of British fishing boats bring social or economic benefits to the UK or a part of the UK (e.g. by requiring at least some catches to be landed in UK ports, etc).
70. Subsection (9) provides the meaning given to the "climate change objective" which is that the adverse effect of fish and aquaculture activities on climate change is minimised, and that fish and aquaculture activities adapt to climate change.
71. Subsection (10) provides definitions for the terms "ecosystem-based approach" and "precautionary approach" to fisheries management for the purposes of section 1.

Section 2: Joint fisheries statement

72. Subsection (1) of this section introduces a duty on the Secretary of State and Devolved Administrations (the fisheries policy authorities) to set out their policies for achieving the fisheries objectives in section 1, as well as to set out what use they plan to make of fisheries management plans in relation to the achievement of the fisheries objectives. The purpose of the statement is to recognise that, although fisheries is devolved, none of those authorities acting alone could achieve the fisheries objectives. The intended effect of the joint fisheries statement (JFS) would be to set out and coordinate fisheries policies after the UK has left the CFP.
73. Subsection (2) provides that the policies to be included in a JFS may in particular include policies relating to the distribution of catch quotas and effort quotas under section 26 (distribution of fishing opportunities),
74. Subsection (3) provides that a JFS must include a list of fisheries management plans in force and another list outlining the fisheries management plans that the fisheries policy authorities propose to prepare and publish in the future. The JFS should also set out the rationale for deciding which stocks, types of fishing, and fisheries should be subject to fisheries management plans and which should not.
75. Subsection (4) provides that a document is not a JFS unless it contains a statement confirming it has been prepared for the purposes of this section.
76. Subsection (5) requires a JFS to be prepared and published within two years of the Act coming into force.
77. Subsection (6) defines a "fisheries management plan" for the purposes of the Act.
78. Subsection (7) provides that certain policies of the Secretary of State that would otherwise be included in a JFS may be set out in a separate document (a Secretary of State fisheries statement).

Section 3: Joint fisheries statement: procedure

79. Subsection (1) to this section provides that the fisheries policy authorities may at any time prepare and publish a replacement JFS or make amendments to an existing JFS.
80. Subsection (2) refers to Part 1 of Schedule 1 which outlines the mechanism for bringing the JFS into effect. Subsection (3) provides that the JFS only comes into effect when it has been published in accordance with that Part of that Schedule.
81. Subsections (4) to (6) provide that the JFS must be reviewed whenever it is appropriate, but no later than six years following its initial publication or within six years following any review. This is to align with a six-year review period for marine plans made under the Marine and Coastal Access Act 2009. A revised JFS or any amendments made to it must be published following a review. A review ends under this section when the fisheries policy authorities conclude that no changes to the JFS are required or when a replacement JFS or amendments are published.

Section 4: Secretary of State fisheries statement

82. Subsections (1) and (2) of this section provide that a JFS, or an amendment to a JFS, may omit a relevant Secretary of State policy that could otherwise be included in it.
83. Subsections (3) to (5) provide that the Secretary of State may publish a Secretary of State’s Fisheries Statement (SSFS) that sets out policies not included in the JFS under subsections (1) and (2). Subsection (6) ensures that an SSFS must contain a statement that it has been prepared for the purposes of this section, and subsection (7) ensures that if the requirements in subsections (1) and (2) have been met, the SSFS should be published no more than 6 months after a JFS, or an amendment to a JFS, has been published.
84. Subsection (8) defines a "relevant Secretary of State policy" for the purposes of this section. This could include a "UK quota function" which is non-devolved, as well as reserved matters.

Section 5: Secretary of State fisheries statement: procedure

85. Subsection (1) to this section provides that the Secretary of State may at any time prepare and publish a replacement SSFS or make amendments to a published SSFS.
86. Subsection (2) refers to Part 2 of Schedule 1 which outlines the mechanism for bringing the SSFS into effect. Subsection (3) provides that the SSFS only comes into effect when it has been published in accordance with that Part of that Schedule.
87. Subsections (4) to (6) provide that an SSFS must be reviewed whenever it is appropriate, but no later than six years following the publication of the first SSFS or within six years of the publication of any replacement SSFS. A revised SSFS, or any amendments made to a SSFS, must be published following a review. A review ends under this section when the Secretary of State concludes that no changes to the SSFS are required or when a replacement SSFS or amendments are published.
88. Subsections (7) and (8) provide that where a review of a JFS concludes that no policies that could otherwise be in an SSFS should be omitted from the JFS, the Secretary of State may revoke an SSFS setting out those policies and, should this happen, publish a statement that the SSFS has been revoked. Subsection (9) confirms that the revocation of the SSFS comes into effect when that statement is published.

Section 6: Fisheries management plans

89. Subsection (1) imposes a duty on a relevant fisheries authority or authorities to prepare and publish the fisheries management plans proposed in the list in the JFS, as required by section 2(3)(b).
90. Subsection (2) requires that a fisheries management plan must specify the relevant authority or authorities that published it and specify each stock, fishing activity and geographical area to which it relates. A plan must also specify any indicators used for monitoring the effectiveness of the plan. The plan must comply with subsection (3) which requires the plan to state whether available scientific advice is sufficient to make an assessment of the stock’s maximum sustainable yield and, if it is, specify the policies for restoring or maintaining the stock at sustainable levels.
91. If such scientific advice is not available for a stock (e.g. if catch data is not collected), the plan must specify policies for maintaining or increasing the level of that stock. If the plan does not include such policies for that stock, the plan must specify the reasons for that. Subsection (4) requires the authority or authorities to adopt the precautionary approach (as per section 1), when specifying policies for stocks where there is insufficient scientific evidence.
92. Subsection (5) requires a fisheries management plan to include a statement that it has been prepared and published for the purposes of this section. Subsection (6) requires the relevant authority or authorities to comply with the timetables for producing plans set out in the JFS.
93. Subsection (7) defines terms used in this section.

Section 7: Fisheries management plans: power to depart from proposals in the JFS

94. Subsections (1) to (4) of this section set out the requirements for preparing and publishing replacement fisheries management plans, or amendments to existing plans, where there has been a relevant change in circumstances (set out in subsection (7)).
95. Subsection (5) requires the authority or authorities preparing a new plan to explain how and why it is different from the plan contemplated in the JFS.
96. Subsection (6) sets out that the information that must be included in a new plan should still meet the requirements in section 6(2) to (5).
97. Subsection (7) sets out what is meant by a relevant change in circumstances. These include changes relating to the international obligations of the UK, things done or not done by other countries that affect the marine and aquatic environment, available scientific evidence and evidence relating to the social, economic or environmental elements of sustainable development.

Section 8: Fisheries management plans: amendment, review etc.

98. This section provides for amendments to and replacements of fisheries management plans where the changes are to the same stock or stocks, type of fishing and geographical area.

Section 9: Fisheries management plans: transitional provision

99. This section allows one or more fisheries policy authority to prepare and publish a fisheries management plan before a JFS has been agreed and published. Section 2(2)(a) provides for the JFS to list plans already in force.

Section 10: Effect of fisheries statements and fisheries management plans

100. This section requires the national fisheries authorities to pursue the policies outlined in the relevant fisheries statements or fisheries management plans that are applicable to them unless a relevant change in circumstances indicates otherwise. The purpose of this exception is to allow for flexibility in decision-making: it may occasionally be necessary to diverge from the policies in the statements. The national fisheries authorities are defined in subsection (5) as all the Fisheries Administrations and the MMO.
101. Subsection (1) requires the national fisheries authorities, which are all those listed in subsection (5), to exercise their functions relating to fisheries, fishing or aquaculture in accordance with the JFS, SSFS, or fisheries management plans unless a relevant change in circumstances indicates otherwise. Subsection (2) requires a relevant national authority to describe the decision and the relevant change of circumstances, and explain how the relevant change in circumstances affected the decision.
102. Subsection (3) provides that policies in a JFS are applicable to a national fisheries authority in subsection (5) unless the JFS states that it is not applicable. Similarly, policies in the SSFS are applicable to the Secretary of State and the MMO. This subsection also sets out how a policy in a fisheries management plan can be applicable to a national fisheries authority.
103. Subsection (5) provides a non-exhaustive list of what might be considered a "relevant" change of circumstances in relation to this section. These include changes resulting from new international obligations or the availability of new evidence that would suggest a different approach to one set out in the relevant document.

Section 11: Reports on fisheries statements and fisheries management plans

104. This section requires the relevant fisheries policy authorities to prepare reports on the extent to which policies outlined in the JFS, fisheries management plans and SSFS have been implemented and how these policies have achieved the fisheries objectives set out in section 1 (in the case of the JFS and SSFS) and the impact on stocks (in the case of fisheries management plans).
105. Subsections (1) to (3) require the fisheries policy authorities to prepare reports on the JFS and fisheries management plans and to lay them before Parliament and the devolved legislatures, Subsection (4) outlines the reporting periods for these reports, which are three years following publication of the first JFS and every three years thereafter. This means that the reports will be published between the six yearly reviews required under section 3, which is also consistent with the voluntary reporting arrangements for marine plans made under the Marine and Coastal Access Act 2009. Copies of the report must be laid before Parliament and the devolved legislatures.
106. Subsections (4) to (8) place requirements on the Secretary of State to publish equivalent reports for the SSFS. When preparing an SSFS report the Secretary of State must consult the Devolved Administrations.
107. Subsection (9) provides a definition of a "period" for the purposes of this section.

Access to British fisheries and regulation of foreign fishing boats

Section 12: Access to British fisheries by foreign fishing boats

108. This section sets out when foreign fishing boats may enter British fishery limits (which equates to the UK’s EEZ). The section replaces section 2 of the Fishery Limits Act 1976 (the 1976 Act). Currently section 2 of the 1976 Act, as amended by the devolution Acts (e.g. the Scotland Act 1998), enables the Secretary of State and the Devolved Administrations to designate, by order, the foreign countries whose boats may enter British fishery limits. The Act sets out this process, replacing this order-making procedure.
109. Subsection (1) provides that a foreign fishing boat may only enter British fishery limits if it has a sea fishing licence or for a purpose recognised by international law or by any international agreement or arrangement.
110. Subsection (2) requires that foreign fishing boats must leave British fishery limits as soon as their purposes under subsection (1) have been fulfilled.
111. Subsection (3) makes it an offence for the master, owner and the charterer of a foreign fishing boat to breach these requirements. Subsection (4) notes that further provisions on offences may be found in the Act and in the Sea Fisheries Act 1968.

Section 13: Regulation of foreign fishing boats

112. This section introduces Schedule 2 which contains amendments to subordinate legislation, ensuring that foreign fishing boats are subject to the same regulations as British fishing boats when fishing in UK waters.

Licensing of fishing boats

Section 14: British fishing boats required to be licensed

113. This section deals with the circumstances in which a licence is required for British fishing boats. The prohibition and subsequent exemptions under this section will apply UK wide and ensure that the basic licensing requirement is consistent throughout UK waters. The effect of this change will be to replicate the effective status quo; that a licence issued by the Devolved Administrations or the MMO will be effective throughout UK waters.
114. Subsection (1) requires that fishing anywhere by a British fishing boat is prohibited unless that boat has been authorised under a licence.
115. Subsection (2) sets out the exceptions to the requirement to have a licence. These exceptions are the same as those set out in existing licensing orders. Generally, these exceptions are in place as the relevant fishing activity is regulated under another regime or because it would not be appropriate to license the activity. The fishing activities exempted are 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 the waters of the Isle of Man and the Channel Islands respectively.

116. Subsection (3) provides a power for the Secretary of State, by regulations, to amend the exceptions to the licensing requirement in subsection (2). This will provide the flexibility to require in the future that further fishing activities are licensed if, for example, the activity is judged to risk the health of fish stocks. It replicates the ability to vary the exceptions by order under section 4 of the Sea Fish (Conservation) Act 1967.
117. Subsection (4) requires that the Scottish Ministers, the Welsh Ministers and the Northern Ireland department give their consent to any changes to the exceptions from the requirement under subsection (1). Given that fisheries policy is generally a devolved matter, the requirement for the Devolved Administrations’ consent to regulations under subsection (3) respects the devolution settlements but at the same time ensures that the requirements are consistent across the UK.
118. Subsection (5) provides that regulations under subsection (3) are subject to the affirmative resolution procedure.
119. Subsection (6) makes it an offence to fish in contravention of subsection (1). The master, owner and charterer of a fishing boat would be guilty of the offence. Subsection (7) refers to further provisions on penalties, offences by bodies corporate, in sections 20 to 22.
120. Subsection (8) defines the terms "length" and "licence" for the purposes of this section.

Section 15: Power to grant licences in respect of British fishing boats.

121. This section provides a power for the Devolved Administrations and the MMO to grant licences to British fishing boats.
122. Subsection (1) sets out which fishing boats are licensed by which administration:

• Scottish fishing boats are licensed by the Scottish Ministers;
• Welsh fishing boats are licensed by the Welsh Ministers;
• Northern Ireland fishing boats are licensed by the Northern Ireland department;
• other British fishing boats (English fishing boats and Crown Dependency fishing boats which need a UK licence) are licensed by the MMO.

123. Subsection (2) allows licences granted under this section to be limited by reference to fishing in a particular area; to the periods, times or particular voyages during which fishing is authorised; to the descriptions and quantities of fish which may be caught; and to the method of sea fishing.
124. Subsection (3) provides that licences granted under this section must name the fishing boat in respect of which it is granted, and may only be granted to the boat’s owner or charterer.

Section 16: Foreign fishing boats required to be licensed if within British fishery limits

125. This section prohibits fishing by foreign fishing boats unless they have a licence issued by a Fisheries Administration. This is a new requirement which reflects the fact that, in future, access for foreign boats to fish in UK waters will be a matter for negotiation, implemented partly through UK licensing.
126. Subsection (1) prohibits fishing within British fishery limits (which is the UK EEZ) by foreign boats unless they have a licence. Subsection (2) exempts foreign fishing boats fishing in the waters of the Isle of Man from requiring a licence under subsection (1).
127. Subsection (3) gives the Secretary of State a power, by regulation, to amend subsection (2) (e.g. by adding further exemptions). Subsection (4) requires that the Scottish Ministers, the Welsh Ministers and the Northern Ireland department consent to any regulations made under subsection (3).
128. Subsection (5) provides that regulations under subsection (3) are subject to the affirmative resolution procedure.
129. Subsection (6) makes it an offence for a boat to fish in contravention of the requirement in subsection (1) and makes this an offence of the master, owner and charterer of the boat.
130. Subsection (7) refers to further offence provisions on penalties, offences by bodies corporate, etc, in the Act
131. Subsection (7) defines "licence" for the purpose of this section.

Section 17: Power to grant licences in respect of foreign fishing boats

132. This section provides powers for the Devolved Administrations and MMO to grant licences to foreign fishing boats.
133. Subsection (1) provides that licences may be issued to foreign fishing boats by the Scottish Ministers, the Welsh Ministers, the Northern Ireland department and the MMO.
134. Subsection (2) provides that licences issued under subsection (1) may only authorise fishing with respect to the areas of UK waters for which the respective administrations have competence: this is the Scottish Ministers in relation to the Scottish Zone, the Welsh Ministers in relation to the Welsh zone and the Northern Ireland department in relation to the Northern Ireland zone. In relation to the MMO the effect of this provision is that they may only license foreign boats in England or the waters around England.
135. Subsection (3) allows licences granted under this section to be limited by reference to certain matters, such as the area in which fishing is authorised, etc.
136. Subsection (4) provides that licences granted under this section must name the fishing boat in respect of which it is granted, and may only be granted to the boat’s owner or charterer.

Section 18: further provision about licences

137. This section defines "sea fishing licence" for the purposes of the Act. It also introduces Schedule 3, which makes further provision about sea fishing licences.

Access and licensing: offences and consequential amendments

Section 19: Penalties for offences

138. This section sets out the penalties for licensing offences. This replicates existing offences under section 4 of the Sea Fish (Conservation) Act 1967.
139. Subsection (1) provides the penalties for offences under the access and licensing provisions in the Act.
140. Subsection (2) allows the court to disqualify persons convicted of access and licensing offences from holding a sea fishing licence for a specified period and to order the forfeiture of fish, and of nets and fishing gear used when the offence was committed.
141. Subsection (3) provides that the fines that must be paid by those found guilty of committing certain licensing offences may not exceed the value of the fish that was fished during the activity for which the person had been found guilty.
142. Subsection (4) provides that the court may not order both the forfeiture of the fish fished in the course of the offence under subsection (2) and order that a fine be paid under subsection (3) for the same offence.
143. Subsection (5) allows for a fine under subsection (3) to be in addition to any other fine for which a person is liable as a result of the same offence.

Section 20: Offences by bodies corporate etc.

144. This section sets out the circumstances in which the officer of a body corporate as well as the body corporate may be found guilty of committing a relevant offence.
145. Subsection (1) provides that an officer of a body corporate, as well as a body corporate, may be guilty of an offence where it is proved that an officer connived or consented to the offence, or that the offence was attributable to the neglect of an officer.
146. Subsection (2) gives the meaning of "officer" in subsection (1).
147. Subsection (3) provides for members of a body corporate to be treated as if they were directors, who are officers under subsection (2).
148. Subsection (4) is a similar provision for subsection (1) but applies to a partner or person purporting to be a partner in a Scottish partnership.
149. Subsection (5) defines the relevant offences.

Section 21: Jurisdiction of court to try offences

150. This section provides that the relevant offences may be treated as having been committed in any place in the United Kingdom.

Section 22: Minor and consequential amendments

151. This section introduces Schedule 4, which contains minor and consequential amendments and transitional provision in relation to the licensing provisions.

Fishing opportunities

Section 23: Power of Secretary of State to determine fishing opportunities

152. This section sets out the Secretary of State’s function of setting the maximum quantity of sea fish that may be caught by British fishing boats and days that British fishing boats may spend at sea during a specified period (e.g. a calendar year or any other such period specified for a specific catch quota or effort quota). "Fishing opportunities" refers to the maximum amount of fish that may be caught and the maximum number of days that may be spent at sea. This section replaces the current provision in EU law that allow the European Council to determine fishing opportunities for EU waters (of which UK waters are a constituent part). The provisions set out the Secretary of State function of determining the UK’s fishing opportunities, in accordance with the UK’s international obligations. These might arise under an agreement with the EU or with another coastal State. They might also arise because of the UK’s obligations under UNCLOS or as a member of an RFMO.
153. Subsection (1) provides that the Secretary of State may determine for a specified period the maximum quantity of sea fish that may be caught by British fishing boats and the maximum number of days that British fishing boats may spend at sea.
154. Subsection (2) requires that a determination under subsection (1) may only be made for the purpose of complying with an international obligation of the UK to determine the fishing opportunities of the UK. The purpose of this subsection is to ensure that the power to determine fishing opportunities relates to limited matters within the Secretary of State’s reserved competence.
155. Subsection (3) allows for the maxima determined under subsection (1) to be determined for, or for fishing boats fishing for: different descriptions of sea fish; for different areas of sea; or for different descriptions of fishing boat.
156. Subsection (4) provides that fishing opportunities under this section may not be determined by reference to a boat’s home port or connection to a particular part of the UK. The purpose of this is to ensure that the power could only be used to set fishing opportunities for the whole UK.
157. Subsection (5) gives the meaning of "catch quota" and "effort quota".
158. Subsection (6) allows for determinations under subsection 1 to be zero; to replace a determination that had already been made; or to withdraw a determination that had already been made. This provision would allow for changes to be made to determinations under subsection (1) over the course of a year to respond to environmental changes, depletions of fish stocks or for other purposes.
159. Subsection (7) explains that a determination may not be made or withdrawn after the end of the period to which it relates.
160. Subsection (8) creates a power for the Secretary of State, by regulations, to determine what is to be regarded as the number of days in a specified period that a boat spends at sea. Regulations under this power will reflect the varying technical conditions that may affect when a boat should be treated as fishing.
161. Subsection (9) provides that the regulations made under subsection (8) may make provision by reference to provision made under paragraph 1(2)(c) of Schedule 2. That paragraph provides that licences issued to fishing boats may include conditions restricting the time the fishing boat may spend at sea.
162. Subsection (10) provides that regulations made under subsection (6) would be subject to the negative resolution procedure.
163. Subsection (11) provides that any reference in retained direct EU legislation to "fishing opportunities" in relation to British fishing boats are to be read as references to catch quotas and effort quotas.

Section 24: Duties relating to a determination of fishing opportunities

164. This section sets out the duties of the Secretary of State when making a determination on fishing opportunities. Subsection (1) requires the Secretary of State to consult with the Devolved Administrations and the MMO before making or withdrawing a determination.
165. Subsection (2) requires that, after making or withdrawing a determination, the Secretary of State must publish a notice of the determination, lay a copy of the notice in Parliament, and send a copy to the Devolved Administrations.

Section 25: Distribution of fishing opportunities

166. This section provides the criteria that must be used when national fisheries authorities distribute catch quotas and effort quotas to fishing boats. This section replaces Article 17 of the Basic Regulation in retained EU law, which is revoked by Schedule 10.
167. Subsection (1) requires that the criteria used must be transparent and objective and include criteria relating to environmental, social and economic factors.
168. Subsection (2) provides that the criteria may in particular relate to other factors such as the environmental impact of fishing. Subsection (3) also provides that those distributing quota should seek to incentivise the use of selective gear and fishing techniques that have a reduced environmental impact.
169. Subsection (4) defines "national fisheries authorities" for the purpose of this section.

Section 26: Duties to ensure fishing opportunities not exceeded

170. This section relates to the duty to ensure that a catch quota and effort quota determined by the Secretary of State is not exceeded.
171. Subsection (1) places a duty on the national fisheries authorities to exercise their functions in such a way that in any period and so far as possible, no fish are caught, or days at sea spent, by British fishing boats in excess of catch or effort quota for that period.
172. Subsection (2) provides that when determining when a catch quota is exceeded, the only sea fish that need to be counted are those caught under Article 15 of the Basic Regulation and any other retained direct EU legislation.
173. Subsection (2) is to deal with the possibility that a fishing boat may have received fishing opportunities from another country. It provides that fishing opportunities of a territory outside the UK must be ignored when determining whether a catch quota or effort quota is exceeded.
174. Subsection (3) defines the "relevant national authorities" as the Fisheries Administrations and the MMO for the purposes of this section.

Section 27: Sale of English fishing opportunities

175. This section allows the Secretary of State to provide, in regulations, for the sale of rights to use one or more English catch quotas or English effort quotas. The intention is that regulations would provide for the tender or auction of a proportion of the additional fishing opportunities that are gained following the UK’s withdrawal from the EU. The sale of quota would only be used to allocate a portion of UK quota which may be allocated by the MMO or the Secretary of State to English fishing boats. The regulations could include the requirement that certain criteria are met in order to purchase fishing opportunities, for example environmental criteria. The regulations could therefore require fishing opportunities to be allocated on criteria other than price.
176. Subsection (1) is a power which provides that the Secretary of State may by regulations make provision for the sale of the right to use one or more English catch quota or English effort quota.
177. Subsection (2) allows the regulations made under subsection (1) to provide for sale by reference to such fishing boats, by such persons and subject to such conditions as may be prescribed in the regulations.
178. Subsection (3) lists the matters which the regulations may make provision about.
179. Subsection (4) requires that the MMO must exercise its function to secure, as far as possible, the sale of quota does not result in breaches of licence requirements.
180. Subsection (5) requires the Secretary of State to consult appropriate persons before making regulations under this section.
181. Subsection (6) provides that regulations made under this section are subject to the affirmative resolution procedure.
182. Subsection (7) defines "English catch quota" and "English effort quota" for the purposes of this section.
183. Subsection (8) introduces Schedule 5, which confers equivalent powers on the Welsh Ministers to make regulations to sell Welsh catch quota and Welsh effort quota to the Welsh fishing industry.

Discard prevention charging schemes

Section 28: Discard prevention charging schemes

184. This section allows the Secretary of State to provide in regulations for a scheme that would require a charge to be paid in respect of unauthorised catches of sea fish (a "charging scheme"). The purpose of the charging scheme is to charge for unauthorised catches at a level which deters overfishing and thereby incentivises fishers to use more sustainable fishing practices and avoid unwanted catches. Previously, fishers have regularly discarded fish when they have an unauthorised catch. The landing obligation requires that all catches of species which are subject to catch limits are landed (subject to limited exceptions). They cannot be discarded.
185. Subsection (1) creates a power for the Secretary of State to make regulations to establish a charging scheme.
186. Subsection (2) requires that the regulations must provide for how a charge would be calculated and when payments of a charge are due.
187. Subsection (3) allows for a charge to be calculated by reference to matters specified in the charging scheme and list examples of those matters.
188. The scheme is voluntary and subsections (4) and (5) limit the scope of any charging scheme to those registered under it. The charging scheme may only apply charges to those registered, and only persons eligible according to criteria that may be prescribed in the regulations could register. Subsection (6) allows for further provision to be made about registration or de-registration under the scheme.
189. Subsection (7) provides that regulations under this section are subject to the affirmative resolution procedure.

Section 29: Meaning of "chargeable person" and "unauthorised catch of sea fish"

190. This section provides the meaning of "chargeable person" and "unauthorised catch of sea fish".
191. Subsection (1) provides that the chargeable persons under the charging scheme are holders of English sea fishing licences or POs that have at least one member that is an English sea fishing licence holder. POs are included as chargeable persons as they frequently manage quota on behalf of their members and distribute quota between their members.
192. Subsection (2) gives the meaning of unauthorised catch of sea fish.
193. Subsection (3) provides that a charging scheme may make provision about whether the catching of fish under the scheme is authorised.
194. Subsection (4) defines the "charging scheme provisions" for the purposes of the Act.

Section 30: Catches subject to a charge ignored for certain regulatory purposes

195. This section provides that where a charge is payable under the scheme, the charging scheme may provide that the fishing activity that led to the charge may be ignored in determining whether there has been a breach of a licence requirement.
196. Subsection (1) sets out that the charging scheme may provide that where a charge is payable and conditions under the scheme have been met, the catch must be ignored for determining whether a relevant regulatory breach has occurred.
197. Subsection (2) gives the meaning of "relevant regulatory breach" for the purposes of this section.
198. Subsection (3) allows for the conditions referred to under subsection (1) to include conditions contained in an English sea fishing licence.

Section 31: Charge collectors

199. This section makes provision about the collectors of the charges which are payable under charging schemes.
200. Subsection (1) provides that the charging scheme may include provision about appointments by the Secretary of State of charge collectors to administer the scheme, about their terms of office, their functions and the termination of their appointment.
201. Subsection (2) sets out the functions which may conferred on the charge collector under subsection (1).
202. Subsection (3) sets out the provisions which may be made in connection with the termination of appointments of charge collectors.
203. Subsection (4) allows for the scheme to make provision with regard to appeals from decisions made by charge collectors under the scheme.
204. Subsection (5) allows for payments to be made to charge collectors to cover expenditure incurred by charge collectors in the exercise of their functions. Subsection (6) allows for payments under subsection (5) to be subject to such conditions as the Secretary of State considers to be appropriate.

Section 32: Discard prevention charging schemes: supplementary provision

205. This section makes further provision with regards to discard prevention charging schemes.
206. Subsection (1) provides that a charging scheme may provide that the master of a fishing boat is jointly and severally liable for the payment of the charge where an English sea fishing licence holder is a chargeable person under the scheme.
207. Subsection (2) provides for charges under a charging scheme to be recoverable as a debt.
208. Subsection (3) provides for a charging scheme to include provision about how the charge collectors must manage receipts of charges. The provision provides flexibility in a charging scheme so that that the charge may be paid to the Secretary of State, used to cover the expenditure incurred in carrying out their function, or to permit the charge collectors to use the receipts for a charitable or conservation purpose specified in the scheme. Subsection (5) provides the meaning of "conservation purpose" under this section.
209. Subsection (4) allows for the charging scheme to confer functions on the Secretary of State and for those functions to be exercised by a person appointed by the Secretary of State to carry out those functions act on her behalf.

Grants and charges

Section 33: Financial assistance: powers of the Secretary of State

210. This section creates new powers for the Secretary of State to make grants or loans to the fishing and aquaculture industries. During the UK’s membership of the EU, funding has been provided under the EMFF, in relation to which further background is provided in the policy background in this document. The purpose of this section is to allow for grant and loan schemes to be established for England after the UK’s withdrawal from the EU which can replicate the breadth of what can currently be funded under the EMFF.
211. Subsection (1) lists the purposes for which the Secretary of State may give financial assistance.
212. Subsection (2) requires that a scheme must be established by regulations.
213. Subsection (3) requires that the scheme may only provide for financial assistance in relation to England, or to an area within the UK marine area (but not within the Scottish, Welsh or Northern Ireland zones) in relation to English fishing boats.
214. Subsection (4) provides for the scheme to confer functions on a person and require persons exercising those functions: to keep accounts and records; to make them available for inspection; and to publish specified information about financial assistance given in accordance with the scheme. Subsection (5) defines "specified" for the purposes of subsection (4) and subsection (6) provides that the regulations may not require the publication of specified information that contravenes data protection legislation.
215. Subsection (7) allows for the scheme to include provision that financial assistance may be given subject to conditions and the circumstances in which the payment must be repaid.
216. Subsection (8) requires that regulations made under this section are subject to the affirmative resolution procedure.
217. Subsection (9) gives the meaning of "family member", "financial assistance" and "the UK marine area" for the purposes of this section.
218. Subsection (10) introduces Schedule 6, which confers corresponding financial assistance powers on the Devolved Administrations, as well as consequential and transitional provision relating to these provisions.

Section 34: Charges: Powers of Marine Management Organisation

219. This section provides a power for the Secretary of State to make regulations for the MMO to impose charges for carrying out certain marine functions.
220. Subsection (1) is a power for the Secretary of State to make regulations regarding the MMO’s power to impose charges.
221. Subsection (2) lists the relevant marine functions for which the MMO may impose charges.
222. Subsection (3) specifies the types of charges which may be included in the regulations.
223. Subsection (4) lists the matters which may be provided for in the regulations.
224. Subsection (5) allows for the regulations to confer a discretion on the MMO.
225. Subsection (6) clarifies that regulations made under this section would not affect any other power of the MMO to impose charges. The MMO has existing charging powers under sections 27 and 67 of MCAA.
226. Subsection (7) requires that the Secretary of State consults appropriate persons before making regulations under this section.
227. Subsection (8) provides that regulations made under this section are subject to the negative resolution procedure.
228. Subsection (9) gives the meaning of "first-sale fish" and "fishing quota" for the purposes of this section.
229. Subsection (10) refers to Schedule 7, which contains provisions conferring corresponding powers on the Devolved Administrations.

Section 35: Sea Fish Industry Authority: fees for services provided for industry in EU

230. This section amends section 3(5) of the Fisheries Act 1981 to extend a requirement that the Sea Fish Industry Authority ("Seafish") must recover the full cost of any services it provides to persons in other countries. This is a technical correction which arises as a consequence of withdrawal from the EU.
231. Seafish is required to recover the full costs of services it provides to those in other countries, but may not charge those from EU Member States more than those in the UK. This section will therefore enable Seafish to recover all its costs from persons in the EU, regardless of what it may charge those in the UK.

Power to make further provision

Section 36: Power to make provision about fisheries, aquaculture etc.

232. This section provides a power for the Secretary of State, by regulations, to make provision on technical matters currently regulated by the EU under the CFP. The purpose of this power is to allow the UK to meet its international obligations, conserve the marine environment and to adapt fisheries legislation, including approximately 100 regulations of the CFP incorporated into UK law under the EU (Withdrawal) Act 2018.
233. Subsection (1) provides that the Secretary of State may, by regulations, make provision for the purpose of implementing an international agreement or arrangement relating to fisheries, fishing or aquaculture; for a conservation purpose; or for a fish industry purpose.
234. The meaning of "conservation purpose" and "fish industry purpose" are given in subsections (2) and (3) respectively.
235. Subsection (4) lists the matters which the regulations made under subsection (1) must be about. It also provides that the list of matters does not apply in relation to regional fisheries management regulations and regional fisheries management arrangements pursuant to membership of RFMOs and other multilateral and bilateral obligations. These are defined in subsection (5). The matters in the list are:

• 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 stocks of sea fish;
• 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 on fishing boats;
• the use to which the Secretary of State may put information obtained in the exercise of his functions relating to fisheries or aquaculture;
• the functions, objectives or regulation of POs 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 activities or commercial aquaculture activities,
  • monitoring, or enforcing, compliance with the regulation of commercial fish activities or commercial 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 matters mentioned in the preceding paragraphs of this subsection.

236. Subsection (5) gives the meaning of "regional fisheries management regulations".
237. Subsection (6) provides that 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 to different areas of the sea or inland waters.

Section 37: Section 36: Interpretation

238. This section gives the meaning of certain terms used in section 36.

Section 38: Power to make provision about aquatic animal diseases

239. This section provides a power for the Secretary of State to make regulations about aquatic animal diseases. The purpose of this provision is to allow for amendments to be made to retained EU law and other UK law by secondary legislation.
240. Subsection (1) provides a power for the Secretary of State to make provision for the purpose of monitoring, controlling, preventing or eradicating diseases of fish or other aquatic animals.
241. Subsection (2) specifies the matters in relation to which provision may be made under this section. These are the importation, exportation, movement, storage or handling of fish or other aquatic animals; products derived from fish or other aquatic animals; or any other thing that the Secretary of State considers may carry or affect the prevalence of a disease of fish or other aquatic animal.

Section 39: Scope of regulations under section 36 or 38

242. This section defines and limits the scope of the regulation-making powers in sections 36 and 38.
243. Subsection (1) allows for regulations under sections 36 and 38 to confer a function, including a function that involves a discretion and to impose fees.
244. Subsection (2) allows for regulations under sections 36 and 38 to create criminal offences but not offences that are punishable with imprisonment.
245. Subsection (3) defines the scope of the sections 36 and 38 by reference to devolved competence. Regulations made under sections 38 and 40 could not include provisions that would be within the legislative competence of the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly unless the provision is merely incidental or consequential provision that would be outside that legislative competence.
246. Subsection (4) explains that the restriction in subsection (3) does not apply to the extent that the provision relates to the regulation of Scottish fishing boats within British fishery limits but outside the Scottish zone, Welsh 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. This reflects existing concurrent powers of the Secretary of State.
247. Subsection (5) restricts the use of the powers under sections 36 and 38 so that they may not modify the functions of the Fisheries Administrations that relate to the licensing of fishing boats provided under this Act.
248. Subsection (6) clarifies what is meant by "modifying" in this section.
249. Subsection (7) provides that the powers under sections 36 and 38 may be used to modify any enactment apart from sections 38 to 44, Schedule 8 and section 51.
250. Subsection (8) gives the meaning of "modify" and "enactment" in subsection (7).

Section 40: Scope of regulations under section 36 or 38 where consent obtained

251. This section provides that regulations under sections 36 and 38 may make provision in areas of devolved competence where the consent of the Scottish Ministers, the Welsh Ministers or the Northern Ireland department has been obtained.
252. Subsection (1) provides that the regulations may extend to matters in the competence of the Scottish Parliament if the consent of the Scottish Ministers has been obtained.
253. Subsection (2) provides that the regulations may extend to matters in the legislative competence of the Senedd if the consent of the Welsh Ministers has been obtained.
254. Subsection (3) provides that the regulations may extend to matters in the competence of the Northern Ireland Assembly if the consent of the Northern Ireland department has been obtained.
255. Subsection (4) provides that the regulations may extend to matters relating to the powers to license fishing boats in this Act if the consent of the Scottish Ministers, the Welsh Ministers and the Northern Ireland department has been obtained.

Section 41: Procedural requirements for regulations under section 36 and 38

256. This section deals with procedural requirements that must be followed when exercising powers under sections 36 and 38.
257. Subsection (1) sets out who the Secretary of State must consult before making regulations under sections 36 and 38.
258. Subsection (2) sets out the circumstances in which the regulations made under sections 36 and 38 would be subject to the affirmative resolution procedure.
259. Subsection (3) provides that where regulations do not relate to the matters in subsection (2), they are subject to the negative resolution procedure.

Section 42: Powers of Scottish Ministers, Welsh Ministers and Northern Ireland department

260. This section introduces Schedule 8, which confers powers corresponding to powers under sections 36 and 38 on the Devolved Administrations.

Miscellaneous

Section 43: Agency arrangements between sea fish licensing authorities

261. This section permits the establishment of agency arrangements between the four sea fish licensing authorities in relation to the functions listed under subsection (1), which are their fisheries and product movement functions.
262. Subsection (2) confirms that such arrangements do not affect an authority’s responsibility for the exercise of the function.
263. Subsection (3) provides that an authority may charge another authority a reasonable fee relating to the costs of providing the functions in subsection (1).
264. Subsection (4) confirms that the functions under subsection (1) that may be the subject of an agency arrangement do not include the functions of making, confirming or approving subordinate legislation.
265. Subsection (5) provides that the power to make agency arrangements does not affect any other powers of an authority to make arrangements with other persons to carry out those functions on its behalf (e.g. contractors or other public bodies).
266. Subsection (5) defines "fisheries function" and "product movement function" for the purposes of this section.

Section 44: Foreign fishing boats that are exclusively Faroe Islands-regulated

267. This section ensures compliance with the Faroe Islands Treaty entered into with Denmark in 1999 on maritime delimitation in the "Special Area" between the UK and the Faroe Islands.
268. Subsection (1) provides that any prohibition, restriction or obligation in any enactment relating to sea fishing applicable to foreign fishing boats does not apply to exclusively Faroe Island-regulated fishing boats within the Special Area or to the fish caught by those boats within that area.
269. Subsection (2) defines "exclusively Faroe Islands-regulated" for the purposes of this section and subsection (3) defines "enactment", "the Special Area" and the "Faroe Islands Treaty" for the same purpose.

Section 45: Legislative competence of Senedd Cymru

270. This section amends the Government of Wales Act 2006 (the 2006 Act) to extend the legislative competence of Senedd Cymru to enable it to make primary legislation on matters relating to fishing, fisheries or fish health in the area of the Welsh zone beyond the seaward limit of the territorial sea (beyond 12 nautical miles from the shore). Section 158 of the 2006 Act defines the "Welsh Zone" as being the sea adjacent to Wales which is within British Fishery Limits or otherwise specified in an order made under that Act.

Section 46: Interpretation of Welsh legislation

271. This section makes changes to primary legislation (including Welsh language versions) consequential on section 45.

Section 47: Conservation of seals

272. This section introduces Schedule 9 which includes amendments to legislation in connection with the conservation of seals.

Section 48: Amendments of the Marine and Coastal Access Act 2009

273. This section introduces Schedule 10 which amends the MCAA to allow the MMO to carry out certain functions beyond the UK marine area and extends the powers of the MMO and the Devolved Administration to regulate the exploitation of sea fisheries resources for marine conservation purposes. The purpose of the conservation powers is to replace certain EU measures for the protection of the marine environment in Member States’ offshore zones.

Section 49: Retained direct EU legislation: minor and consequential amendments

274. This section introduces Schedule 11, which makes minor and consequential amendments to retained direct EU legislation and Scottish statutory instruments.

Final provisions

Section 50: Amendments that could have been made under existing powers

275. The Act amends certain provisions of subordinate legislation (e.g. in Schedule 3). This section provides that such amendments are to be treated as having been made under the existing power to make subordinate legislation. This is to ensure that any such provisions can be further amended by subordinate legislation in future.

Section 51: Regulations

276. Subsection (1) of this section provides that regulations made under this Act may make consequential, supplementary, incidental, transitional or saving provisions; and that different provision may be made for different purposes or areas.
277. Subsection (2) provides that regulations under this Act are statutory instruments.
278. Subsection (3) provides what is meant by "the negative resolution procedure" in relation to regulations made under this Act.
279. Subsection (4) provides what is meant by "the affirmative resolution procedure" in relation to regulations made under this Act.
280. Subsection (5) provides that regulations made under this Act that are subject to the negative resolution procedure may be made by regulations subject to the affirmative resolution procedure.
281. Subsection (6) provides that this section does not apply to regulations made under section 53, which deals with the commencement of this Act. This means that, as is normally the case, there is no parliamentary procedure to be followed for regulations that commence provisions in the Act.

Section 52: Interpretation

282. This section sets out definitions of commonly used terms in this Act.

Section 53: Extent

283. This section sets out the territorial extent of the Act (whether it is part of the law of England and Wales; Scotland and Northern Ireland). The provisions in the Act extend to England and Wales, Scotland and Northern Ireland, with separate provision for the extent of Schedule 8. Part 1 of Schedule 8 extends to Scotland only; Part 2 to England and Wales only; and Part 3 to Northern Ireland only. Amendments, repeals or revocations made by the Act have the same extent as the provisions amended, repealed or revoked.
284. Subsections (4) and (5) sets out the parts of the Act that extend to the Channel Islands and the Isle of Man.
285. Subsection (6) provides that Her Majesty may by Order in Council provide for provisions in the Act to be extended to the Channel Islands or the Isle of Man for the purpose of implementing international obligations using section 36(1)(a) and provisions connected to that power. In practice, these powers would only be used with the consent of the Channel Island and the Isle of Man.

Section 54: Commencement

286. This section is a standard provision which explains when the provisions of the Act will come into force (i.e. begin to have an effect).
287. The provisions listed in subsection (1) come into force on Royal Assent; the provisions listed in subsection (2) come into force two months after Royal Assent; the provisions in subsection (3) come into force at the end of the implementation period; the provisions in subsection (4) come into force at the later of the end of the implementation period and two months after Royal Assent; and the provisions in subsection (5) come into force on 1st March 2021.
288. Subsection (6) provides that the amendment to the Sea Fish (Conservation) Act 1967 made by paragraph 6(13)(d) of Schedule 4 is to be treated as though it has always been in force. This means that Scottish statutory instruments made before the coming into force of Schedule 4 will be treated as though that amendment had already been in force.
289. Subsection (7) provides a power for the Secretary of State to make transitional or saving provision in connection with the commencement of this Act. This will make sure that things done under existing legislation can be given continuing effect. Subsection (8) provides that this power may make different provisions for different purposes and subsection (9) requires that regulations made under this section must be made by statutory instrument.

Section 55: Short title

290. This section contains the short title by which the Act may be cited.

Schedule 1: Fisheries statements and management plans: preparation and publication

291. This Schedule sets out the procedures that would apply to the preparation, adoption and publication of the JFS and any SSFS.

Part 1: Joint fisheries statement

292. In relation to the JFS, paragraph 2 requires the fisheries policy authorities to jointly prepare a consultation draft of the statement, publish it and take such steps as they consider appropriate to ensure that it is brought to the attention of "interested persons", which is defined in sub-paragraph (3) and includes members of the public.
293. Sub-paragraph (2) requires the fisheries policy authorities to have regard to any responses to the consultation.
294. Paragraph (3) requires each fisheries policy authority to specify a period of scrutiny of the draft JFS by their legislature, and to lay a copy of the consultation draft before their legislature on or before the first day of the scrutiny period. If one or more of the legislatures pass a resolution or makes a recommendation on the draft JFS, the fisheries policy authority or authorities in question would then have to lay a statement setting out its response.
295. Paragraph 4 states that once the procedure detailed above has been completed and the fisheries policy authorities have decided on the final text of the JFS, they must publish the document as soon as reasonably practicable.

Part 2: Secretary of State fisheries statement

296. Paragraphs 5 to 7 provide that the consultation requirements, the requirement to lay the consultation draft before the appropriate legislature, and the publication requirement would apply in the same way to the SSFS as they do to the JFS (the SSFS is laid before UK Parliament). Paragraph 8 requires the Secretary of State to publish the SSFS as soon as reasonably practicable after it has been adopted.

Part 3: Fisheries management plans

297. This Part sets out the consultation and publication requirements for fisheries management plans, which are similar to those required for the fisheries statements. Fisheries management plans do not need to be laid before the relevant legislatures, however.

Schedule 2: Regulation of foreign fishing boats

298. This Schedule makes amendments to secondary legislation (including to Welsh language versions of Welsh statutory instruments) that will ensure that foreign boats licensed to fish in UK waters will be subject to the same requirements and restrictions as UK fishing boats operating in those areas. This includes secondary legislation made to address local issues which, because of EU law, could previously only be applied to UK boats.

Schedule 3: Sea fishing licences: Further provision

Power to attach conditions to sea fishing licence

299. Sub-paragraph (1) of paragraph 1 confers a power on a sea fish licensing authority to attach such conditions to a licence as appear to it to be necessary or expedient for the regulation of sea fishing. The conditions may include conditions which do not relate directly to sea fishing.
300. Sub-paragraph (2) lists particular conditions which may be attached to a licence, and includes (but is not limited to) conditions as to landing fish, restricting the time fishing boats may spend at sea and conditions aimed at preserving the marine and aquatic environment. Sub-paragraph (3) states that conditions in relation to time spent at sea may include the circumstances in which time is, or is not, to be counted for this purpose.
301. Sub-paragraph (4) would make it an offence to break a condition of a licence, and in these circumstances the master, the owner and the charterer of the fishing boat are each guilty of an offence. Sub-paragraph (5) refers to the offence provisions in sections 19 to 21.

Power to vary, suspend or revoke sea fishing licences

302. Sub-paragraph (1) of paragraph 2 gives a sea fish licensing authority the power to vary a licence it has granted or to add, remove or vary a licence condition. Sub-paragraph (2) of paragraph 2 provides that it may also suspend or revoke a sea fishing licence if it appears to be necessary or expedient for the regulation of sea fishing, or if it appears to be appropriate where there is a contravention of the requirement to license a British fishing boat or a foreign fishing boat.
303. Sub-paragraph (3) states that if a sea fish licensing authority varies or revokes a licence or a licence condition, it may reimburse part or all of any charge made for the licence, if it considers it appropriate to do so.

Power to obtain information

304. Paragraph 3(1) provides sea fish licensing authorities with powers to obtain information from the master, owner or charterer named in a licence. Sub-paragraphs (2) to (4) relate to offences around failure to provide the authority with requested information and for providing an authority with false information.

Duty to comply with request of another sea fish licensing authority

305. Paragraphs 4(1) and (2) give a sea fish licensing authority the power to request another sea fishing licensing authority to exercise its licensing functions in such a way that any licences or licence conditions it grants are made subject to the conditions imposed by the requesting sea fish licensing authority, where that authority has imposed limits or conditions in respect of a particular area. The purpose of this provision is that one sea fish licensing authority can ask another authority not to undermine its licensing decisions in respect of an area of water where boats licensed by different authorities may fish.
306. Sub-paragraph (3) states that the requested authority must comply with the request unless it considers it unreasonable to do so.
307. Sub-paragraph (4) sets out the areas within the jurisdiction of each sea fish licensing authority.

Use of licensing functions to limit fishing activity

308. Paragraph 5 gives a sea fish licensing authority the power to exercise its licensing functions so as to limit the number of fishing boats, or any class of fishing boat, or fishing in any area for any type of fish.

Power to arrange for licensing functions to be exercised by others

309. Paragraph 6 enables a sea fish licensing authority to delegate its licensing functions, although the authority remains responsible for the exercise of any delegated function. Sub-paragraph (3) states that a public authority to which licensing functions are delegated may charge the sea fish licensing authority such fees as it considers reasonable.
310. Sub-paragraph (4) confirms that this paragraph does not confer powers for the sea fish licensing authorities to make agency arrangements with each other (see section 43).

Regulations about the licensing of fishing boats

311. Paragraph 7 provides that a relevant national authority (the Devolved Administrations in respect of the boats or zones of their administration, or the Secretary of State) may make regulations as to how a sea fish licensing authority’s licensing functions are to be exercised and as to the time when a licence, or various aspects of it, have effect.
312. Sub-paragraph (2) lists some of the matters that may be included in the regulations. Sub-paragraph (3) states that any regulations may make provision authorising the making of charges in relation to a sea fishing licence. Sub-paragraph (4) gives examples of the kind of provision which may be made in respect of charges, such as the amount to be charged, different charges for different classes of licence and that no charge may be payable in certain circumstances.
313. Sub-paragraph (5) imposes a duty on the relevant national authority to make regulations as to the principles that are to be applied to licence conditions about time spent at sea as described in sub-paragraph (7). However, sub-paragraph (6) states that the regulations may not make provision about such a principle if the regulations include other principles relating to a description of a restrictions on fishing activities (e.g. a restriction on the size of a fishing boat authorised to fish in an area).
314. Sub-paragraph (8) requires regulations including principles about time spent at sea to be subject to the affirmative resolution procedure, while sub-paragraph (9) provides that all other regulations made under this paragraph may be made under the negative resolution procedure. Sub-paragraph 10 defines "relevant national authority" for the purposes of this Schedule.

Power of Secretary of State under paragraph 7 where consent obtained

315. Paragraph 8 provides a power for the Secretary of State to make regulations in areas of devolved competence, with the consent of the relevant Devolved Administration.

Interpretation

316. Paragraph 9 defines "licensing function" for the purposes of this Schedule.

Schedule 4: Access and licensing: minor and consequential amendments

Part 1: Access to British fisheries by foreign fishing boats

317. This part makes minor changes consequential to provisions in section 12 on access to UK waters and licensing.
318. In particular, section 2 of the Fishery Limits Act 1976, which sets out the current law on access by foreign boats, is repealed. Paragraph 4 revokes the subordinate legislation made under section 2 of the above Act, which designates the countries whose boats have access to British fishery limits.

Part 2: Licensing of fishing boats

319. This part makes changes to legislation consequential to the licensing provision in the Act. In particular, paragraph 6(2) revokes section 4 of the Sea Fish (Conservation) Act 1967, which contains the licensing provisions replaced by the Act
320. This part also amends secondary legislation to provide an expediated process that allows for licences for foreign fishing boats to come into force by communicating them electronically to the European Commission (or in the case of a non-EU fishing boat the relevant regulatory authority) and publishing them on a website. The expediated licence would be temporary and would only be issued where there was insufficient time for each fishing boat to be licensed individually in time for the start of the agreement.

Part 3: Transitional provision

321. This part provides that there is no break in the continuity of the law where licensing provisions which are repealed by Part 2 of this Schedule are re-enacted.

Schedule 5: Sale of Welsh fishing opportunities

322. This Schedule provides equivalent powers to the Welsh Ministers that are granted to the Secretary of State under section 27. The Welsh Ministers may make regulations that would provide for the sale or tender of Welsh fishing opportunities to the Welsh fishing industry.

Schedule 6: Financial Assistance: powers of devolved authorities

323. Section 35 provides the Secretary of State with a power, through regulations, to give financial assistance, or to arrange for such assistance to be given, to any person for certain purposes. Paragraphs 1 to 3 of this Schedule provide equivalent powers for the Devolved Administrations.
324. Paragraph 1(2) in particular provides that financial assistance is given in accordance with a scheme established by regulations made the Scottish Ministers and paragraph 1(3) provides that such a scheme may only provide for financial assistance in relation to Scotland or the Scottish zone, or in relation to Scottish fishing boats. The function of making such a scheme by regulations in those respects is a function which is in or as regards Scotland in terms of the legislative competence tests set out in section 29(2) of the Scotland Act 1998 (provisions outside of the competence of the Scottish Parliament). The giving of financial assistance specifically in relation to Scotland or the Scottish zone, or in relation to Scottish fishing boats defines the scope of the function. This is consistent with the legislative competence of the Scottish Parliament.
325. Paragraph 4 repeals powers for the Fisheries Administrations to provide financial assistance in the Fisheries Act 1981. This paragraph also makes amendments to that Act and other legislation consequential to section 35 and this Schedule.
326. Paragraph 5 makes transitional provision so that existing financial assistance schemes can be treated as though they were made under the financial assistance provisions in the Act. This means that the relevant Fisheries Administrations can continue to provide financial assistance agreed under the terms of those existing schemes.

Schedule 7: Imposition of charges: powers of devolved authorities

327. This Schedule provides the Devolved Administrations with the same regulation making power conferred on the MMO by section 36. This means that the Devolved Administrations will be able to make regulations to impose charges in respect of the exercise of relevant marine functions.

Schedule 8: Powers to make further provisions: devolved authorities

328. This Schedule provides the Devolved Administrations with powers equivalent to those of the Secretary of State under sections 36 and 38. These powers will enable the Devolved Administrations to make changes to amend UK fisheries law (including primary legislation and retained EU law).

Schedule 9: Conservation of seals

329. This Schedule amends legislation in England and Wales and Northern Ireland to greatly restrict the circumstances in which any intentional killing of a wild seal is lawfully permitted (e.g. animal welfare exemptions to euthanise a wild seal if found to suffer from unrecoverable injury, pain or disease).
330. These amendments make the UK compliant with the US Marine Mammal Protection Act which only allows imports of fisheries products from countries which do not allow the deliberate killing, injuring or taking or marine mammals as part of commercial fisheries.
331. Part 1 amends the Conservation of Seals Act 1970, which extends and applies to England and Wales, to prohibit the killing, injuring and taking of seals for the purpose of the protection, promotion or development of commercial fish or aquaculture activities.
332. Part 2 amends the Wildlife (Northern Ireland) Order 1985 to ensure that licences cannot be granted to permit the killing, injuring or taking of seals for the purpose of preventing damage to fisheries.

Schedule 10: Amendments of the Marine and Coastal Access Act 2009

333. Part 1 provides powers and duties for the MMO to carry out or provide research, advice, assistance and training facilities outside the UK marine area. or to persons outside the UK. This is to enable the MMO to support the Government’s Blue Belt Programme and the future "Blue Planet Fund" and to provide advice and assistance on sustainable fisheries, marine planning, licensing and conservation to the UK’s overseas territories and to other persons outside the UK.
334. Part 2 confers additional powers on the MMO, the Welsh Minsters, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (DAERA) to make byelaws or orders relating to the exploitation of sea fisheries resources for purposes of marine conservation. Prior to Part 2 coming into force, the MMO and Welsh Ministers were only able to make byelaws or orders in connection with Marine Conservation Zones (MCZs) and byelaw and order making powers were only exercisable in the inshore area (0-12 nautical miles). Part 2 confers powers on the MMO and the Welsh Ministers to make byelaws and orders in England and the English offshore region (12-200 nautical miles) and Wales and the Wales offshore region respectively. It also enables Scottish Ministers and DAERA to make orders in the Scottish offshore region and the Northern Ireland offshore region respectively.
335. Paragraphs 7 to 9 of Part 2 make changes consequential on the new provisions. Paragraph 10 amends section 129 of MCAA to provide that byelaws for the protection of MCZs may be made subject to specified conditions or for a specific period of time.
336. Paragraph 11 inserts a new section 129A into MCAA. This section confers on the MMO the power to make byelaws in England relating to the exploitation of sea fisheries resources for the purpose of conserving marine flora or fauna, or marine habitats or habitat types. "England" includes the 0 -12 nautical miles English inshore region.
337. "Sea fisheries resources" is defined in section 153(10) of MCAA as any plant or animal that habitually lives in the sea (with some exceptions) and "exploitation" is defined in section 153(12) of MCAA and includes fishing activities, selling, buying or introducing to the sea or cultivating sea fisheries resources, and such activities can be carried out for commercial purposes or otherwise. The effect of this is that the marine conservation byelaws must be for the purpose of marine conservation in connection with these activities.
338. Paragraph 11 inserts a new section 129B into MCAA which confers on the MMO a power to make byelaws relating to the English offshore region.. Again, such a byelaw would have to be made for the purposes of marine conservation in connection with the exploitation of sea fisheries resources.
339. New section 129C of MCAA contains further provision on byelaws made under sections 129A and 129B. Paragraphs (2) to (4) of section 129C contain particular examples of matters which byelaws may make provision about, for example prohibiting or restricting exploitation in specific areas or during specific periods, or the use of permits, including the charging of fees for permits.
340. Paragraph 12 amends section 130 of MCAA, which deals with procedural matters for byelaws (such as their publication), so that these provisions also apply to the new byelaws made under section 129A and 129B. Also, subparagraph (4) inserts a provision requiring the MMO to send a draft byelaw relating to the offshore region to the Devolved Administrations if the byelaw might or would affect the exploitation of sea fisheries resources in their respective offshore regions.
341. Paragraph 13 amends section 131 of MCAA, which makes provision for emergency byelaws to protect MCZs. The amendment applies the emergency byelaw provisions to byelaws made under new section 129B in relation to the English offshore region, so that these byelaws can be made without the confirmation of the Secretary of State, where there is an urgent need to protect the English offshore region.
342. Paragraph 14 amends section 132 of MCAA, which makes provision for interim byelaws to protect features in England. The amendments make provision for interim orders to protect features in the English offshore region.
343. Paragraphs 15 and 16 make consequential changes, including the insertion of a subsection (3A) into section 133 of MCAA requiring the MMO to send a copy of a byelaw made under section 129B or section 132(1A) to the Welsh Ministers, Scottish Ministers or DAERA (as appropriate) if it will or may affect the exploitation of sea fisheries in their respective offshore region.
344. Paragraphs 17 to 20 confer on Welsh Ministers the same powers to make provision for Wales (including the Welsh inshore region) and the Welsh offshore region, by order, as is conferred on the MMO in relation to byelaws. The new sections are 134A to 134C and these mirror new sections 129A to 129C.
345. Paragraph 21 inserts new sections 137A to 137H into MCAA. These confer powers on the Scottish Ministers and DAERA to make orders relating to the exploitation of sea fisheries resources in their respective offshore regions for marine conservation purposes. These are substantially similar to the powers in the offshore region that are conferred on the MMO and Welsh Ministers. Urgent orders made by Scottish Ministers and by DAERA are time-limited (see sections 137B(5) and 137F(5) respectively).
346. The remainder of this Schedule makes further minor and consequential amendments to MCAA that relate to the above provisions. These include amendments to provisions on offences and penalties, so that they apply to the contravention of the new byelaws and orders. Provisions on the enforcement of nature conservation legislation are amended to include the new byelaws and orders, so that powers of marine enforcement officers extend to enforcing them.

Schedule 11: Retained direct EU legislation: minor and consequential amendments

347. This Schedule makes minor and consequential amendments to retained direct EU legislation and Scottish statutory instruments relating to provisions in this Act.