The Sea Fishing (Licences and Notices) (England) Regulations 2012

Communication of licences and notices U.K.

3.—(1) A licence [F1 , other than a temporary foreign vessel licence,] is to be granted, and a notice relating to a licence is to be given, by communicating it to [F2 an appropriate recipient (“P”)].

[F3 (1A) In paragraph (1) “an appropriate recipient” means—

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

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

(ii) a nominee of the owner or charterer;

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

(2) A licence [F4 , other than a temporary foreign vessel licence,] must be communicated by—

(a) personally delivering it to P;

(b) posting it to P at P’s address or place of business;

(c) leaving it at P’s address or place of business, or in the hands of a person there; or

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

(3) A notice must be communicated to P by—

(a) a method specified in paragraph (2);

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

(c) where the notice is a general notice, publishing it in a newspaper.

[F5 (3A) A temporary foreign vessel licence is to be granted to the owner or charterer of a foreign fishing boat by communicating it to the relevant person by—

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

(b) subsequently publishing it on the website of the Marine Management Organisation or of a person granting the licence on its behalf.

(3B) In paragraph (3A), “the relevant person”, in relation to a foreign fishing boat, means—

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

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

(4) A general notice must—

(a) provide that it applies to all sea fishing licences; or

(b) specify those sea fishing licences to which it relates by reference to species, area, method or licence type, or any combination of those matters.

(5) A notice other than a general notice must specify the licences to which it relates by reference to the name, port letters and number of each vessel in respect of which such a licence was granted.

(6) A licence or a notice may be communicated by means of an electronic communication as described in paragraph (2)(d) only if the following conditions are satisfied—

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

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

(7) In this regulation a “general notice” means a notice which relates to—

(a) all sea fishing licences; or

(b) all sea fishing licences authorising fishing—

(i) for one or more specified descriptions of sea fish,

(ii) in one or more specified areas,

(iii) by a specified method or methods,

(iv) by licence type, or

(v) by reference to a combination of two or more of the matters referred to in paragraphs (i) to (iv).

F6 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 3(1) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 19(4)(a)(i) (with s. 50, Sch. 4 para. 31)

F2 Words in reg. 3(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 19(4)(a)(ii) (with s. 50, Sch. 4 para. 31)

F3 Reg. 3(1A) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 19(4)(b) (with s. 50, Sch. 4 para. 31)

F4 Words in reg. 3(2) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 19(4)(c) (with s. 50, Sch. 4 para. 31)

F5 Reg. 3(3A)(3B) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 19(4)(d) (with s. 50, Sch. 4 para. 31)

F6 Reg. 3(8) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 19(4)(e) (with s. 50, Sch. 4 para. 31)