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Fisheries Act 2020

Type Public General Act

Publication 2020-11-23

Last updated 2024-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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“aquaculture organism” means an aquatic organism resulting from aquaculture;

“the baselines” means the baselines established by the Territorial Sea (Baselines) Order 2014 (S.I. 2014/1353);

“British fishing boat” means a fishing boat—which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995,which is British-owned, orwhich is registered under the law of Jersey, Guernsey or the Isle of Man;

“British-owned” means owned by—a person who is for the purposes of Part 2 of the Merchant Shipping Act 1995 a person qualified to own a British ship, ortwo or more persons any one of whom is for those purposes a person so qualified;

“bycatch” means—fish that are caught in the course of fishing for fish of a different description, oranimals other than fish that are caught in the course of fishing;

“catch quota” has the meaning given by section 23(5)(a);

“a charging scheme” has the meaning given by section 28(1);

“commercial aquaculture activities” means—any aquaculture activity carried out in the course of a business or employment;selling aquaculture organisms (whether wholesale or retail);

“commercial fish activities” means—any fish activity carried out in the course of a business or employment;selling fish or fish products (whether wholesale or retail);

“commercial fish or aquaculture activities” means commercial fish activities or commercial aquaculture activities;

“the Common Fisheries Policy Regulation” means Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy;

“effort quota” has the meaning given by section 23(5)(b);

“English fishing boat” means a fishing boat—which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, andwhose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging;

“English sea fishing licence” means a licence granted under section 15 in respect of an English fishing boat;

“fish” includes shellfish;

“fish activities” means any of the following (whether or not carried out in the course of a business or employment)—catching fish;operating vessels for catching or processing fish;transporting fish or fish products;loading and unloading fish or fish products;processing fish;

“fish and aquaculture activities” means fish activities and aquaculture activities;

“fisheries management plan” has the meaning given by section 2(6);

“the fisheries objectives” has the meaning given by section 1(1);

“the fisheries policy authorities” means—the Secretary of State,the Scottish Ministers,the Welsh Ministers, andthe Northern Ireland department;

“fishery products” means—fish or other aquatic organisms resulting from fishing or aquaculture, orproducts derived from aquatic organisms within paragraph (a);

“fishing boat” means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing;

“foreign fishing boat” means a fishing boat which is not a British fishing boat;

“home port”, in relation to a fishing boat which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, means the port specified in the boat's entry in that register as the port to which the boat is to be treated as belonging;

“inland waters” has the meaning given by section 221(1) of the Water Resources Act 1991;

“inter-branch organisation” means an organisation established under Article 11 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council and recognised in accordance with Section 2 of Chapter 2 of that Regulation;

“international obligation of the United Kingdom” includes any obligation that arises or may arise under an international agreement or arrangement to which the United Kingdom is a party;

“JFS” means a joint fisheries statement;

“joint fisheries statement” has the meaning given by section 2(1);

“the marine and aquatic environment” includes—the natural beauty or amenity of marine or coastal areas, or of inland waters or waterside areas,features of archaeological or historic interest in those areas, andflora and fauna which are dependent on, or associated with, a marine or coastal, or aquatic or waterside, environment;

“marine stocks” means stocks of available and accessible living marine aquatic species, including anadromous and catadromous species during their marine life;

“master”, in relation to a fishing boat, includes the person for the time being in command or charge of the boat;

“maximum sustainable yield” means the highest theoretical equilibrium yield that can be continuously taken on average from a marine stock under existing environmental conditions without significantly affecting the reproduction process;

“mile” means an international nautical mile of 1,852 metres;

“minimum conservation reference size”, in relation to an aquatic organism, means the size of a member of the species of which the organism is a member, at the level of maturity of that organism, below which capture or retention is prohibited or restricted;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);

“Northern Ireland” and “the Northern Ireland zone” have the same meaning as in the Northern Ireland Act 1998 (see section 98(1) and (8) of that Act);

“the Northern Ireland department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;

“Northern Ireland fishing boat” means a fishing boat—which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, andwhose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;

“primary legislation” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of Senedd Cymru, orNorthern Ireland legislation;

“processing”, in relation to fish or any other aquatic organism, includes preserving or preparing the organism, or producing any substance or article from it, by any method for human or animal consumption;

“producer organisation” means an organisation established under Article 6 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council and recognised in accordance with Section 2 of Chapter 2 of that Regulation;

“Scotland” and “the Scottish zone” have the same meaning as in the Scotland Act 1998 (see section 126(1) and (2) of that Act);

“Scottish fishing boat” means a fishing boat—which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, andwhose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;

“sea fish” means fish of any kind found in the sea;

“sea fishing licence” has the meaning given by section 18(1);

“sea fish licensing authority” means—the Scottish Ministers,the Welsh Ministers,the Northern Ireland department, orthe Marine Management Organisation;

“Secretary of State fisheries statement” has the meaning given by section 4(4);

“sensitive species” means—any species of animal or plant listed in Annex II or IV of Directive 92/43/EEC of the Council of the European Communities on the conservation of natural habitats and of wild flora and fauna (as amended from time to time),any other species of animal or plant, other than a species of fish, whose habitat, distribution, population size or population condition is adversely affected by pressures arising from fishing or other human activities, orany species of bird;

“shellfish” includes molluscs and crustaceans of any kind found in the sea or inland waters;

“SSFS” means a Secretary of State fisheries statement;

“subordinate legislation” means an instrument made under primary legislation or under assimilated direct legislation;

“sustainable level”, in relation to a marine stock, means a level of that stock above biomass levels capable of producing maximum sustainable yield;

“UK fishing boat” means a fishing boat—which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, orwhich is British-owned;

“Wales” and “the Welsh zone” have the same meaning as in the Government of Wales Act 2006 (see section 158(1) and (3) of that Act);

“Welsh fishing boat” means a fishing boat—which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, andwhose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.

Extent

53

(1) Subject as follows, this Act extends to England and Wales, Scotland and Northern Ireland.

(2) In Schedule 8—

(a) Part 1 extends to Scotland only;

(b) Part 2 extends to England and Wales only;

(3) An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.

(4) But an amendment, repeal or revocation does not, by virtue of subsection (3), extend to any of the Channel Islands or the Isle of Man.

(5) Subsection (4) does not apply to the repeals and revocations made by paragraphs 3 to 5 of Schedule 4.

(6) Her Majesty may by Order in Council provide for the following provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man—

(a) subsection (1)(a) of section 36 (power to make provision for the purpose of implementing international obligations),

(b) subsections (4) to (6) of that section,

(d) sections 39 to 41 (regulations under section 36: scope and procedure),

(e) section 51 (regulations), and

(f) section 52 (interpretation).

Commencement

54

(1) The following provisions come into force on the day on which this Act is passed—

(a) sections 1 to 11 and Schedule 1 (fisheries objectives, statements etc);

(b) sections 23, 24 and 26 (fishing opportunities);

(d) sections 36 to 42 and Schedule 8 (powers to make further provision);

(e) section 43 (agency arrangements between sea fish licensing authorities);

(f) section 48(a) and Part 1 of Schedule 10 (general functions of MMO);

(g) sections 50 to 55 (final provisions).

(2) Sections 45 and 46 (legislative competence of Senedd Cymru etc) come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3) The following provisions come into force on IP completion day—

(a) sections 12 and 13 and Schedule 2 (foreign fishing boats: access etc);

(b) sections 14 to 22, Schedule 3 and (subject to subsection (6)) Schedule 4 (licensing of fishing boats);

(d) section 35 (charging by Sea Fish Industry Authority);

(e) section 44 (foreign fishing boats exclusively Faroe Islands-regulated);

(f) section 49 and Schedule 11 (minor and consequential amendments).

(4) The following provisions come into force on IP completion day or, if later, at the end of the period of two months beginning with the day on which this Act is passed—

(a) section 27 and Schedule 5 (sale of fishing opportunities);

(b) sections 28 to 32 (discard prevention charging schemes);

(d) section 48(b) and Part 2 of Schedule 10 (powers relating to the exploitation of sea fisheries resources).

(5) Section 47 and Schedule 9 (conservation of seals) come into force on 1 March 2021.

(6) In Schedule 4, the amendment made by paragraph 6(13)(d) is treated as always having had effect.

(7) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

(8) The power to make regulations under subsection (7) includes power to make different provision for different purposes.

(9) Regulations under this section are to be made by statutory instrument.

Short title

55

This Act may be cited as the Fisheries Act 2020.

SCHEDULE 1

PART 1 — Joint fisheries statement

Introductory

1

(1) This Part applies in relation to the preparation and publication by the fisheries policy authorities of—

(a) a JFS, or

(b) amendments of a JFS.

(2) In this Part “the relevant document” means the document mentioned in sub-paragraph (1).

Consultation

2

(1) The fisheries policy authorities acting jointly must—

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as they consider appropriate, and

(c) take such steps as they consider appropriate to secure that the consultation draft is brought to the attention of interested persons.

(2) Each of the fisheries policy authorities must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft.

(3) In this paragraph “interested persons” means—

(a) any persons appearing to the fisheries policy authorities to be likely to be interested in, or affected by, the policies contained in the consultation draft, and

(b) members of the general public.

Requirement to lay consultation draft before appropriate legislature

3

(1) Each of the fisheries policy authorities must—

(a) specify a period (“the scrutiny period”) for scrutiny of the consultation draft by the appropriate legislature, and

(b) on or before the first day of that period lay a copy of the consultation draft before the appropriate legislature.

(2) Sub-paragraph (3) applies if, during the scrutiny period—

(a) an appropriate legislative body passes a resolution with regard to the consultation draft, or

(b) an appropriate legislative committee makes a recommendation with regard to the consultation draft.

(3) The fisheries policy authority must lay before the appropriate legislature a statement setting out its response to the resolution or recommendation.

(4) In this paragraph—

“the appropriate legislature” means—where the fisheries policy authority is the Secretary of State, Parliament;where the fisheries policy authority is the Scottish Ministers, the Scottish Parliament;where the fisheries policy authority is the Welsh Ministers, Senedd Cymru;where the fisheries policy authority is the Northern Ireland department, the Northern Ireland Assembly;

“an appropriate legislative body” means—where the fisheries policy authority is the Secretary of State, either House of Parliament;where the fisheries policy authority is the Scottish Ministers, the Scottish Parliament;where the fisheries policy authority is the Welsh Ministers, Senedd Cymru;where the fisheries policy authority is the Northern Ireland department, the Northern Ireland Assembly;

“an appropriate legislative committee” means a committee of an appropriate legislative body;

“the consultation draft” means the draft prepared and published under paragraph 2.

Publication of the relevant document

4

(1) Sub-paragraph (2) applies where—

(a) each fisheries policy authority has complied with paragraphs 2 and 3, and

(b) the fisheries policy authorities have decided on the final text of the relevant document.

(2) The fisheries policy authorities acting jointly must publish the relevant document as soon as reasonably practicable.

PART 2 — Secretary of State fisheries statement

Introductory

5

(1) This Part applies in relation to the preparation and publication by the Secretary of State of—

(a) an SSFS, or

(b) amendments of an SSFS.

(2) In this Part “the relevant document” means the document mentioned in sub-paragraph (1).

Consultation

6

(1) The Secretary of State must—

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as the Secretary of State considers appropriate, and

(c) take such steps as the Secretary of State considers appropriate to secure that the consultation draft is brought to the attention of interested persons.

(2) The Secretary of State must, in settling the final text of the relevant document, have regard to any representations made to the Secretary of State about the consultation draft.

(3) In this paragraph “interested persons” means—

(a) any persons appearing to the Secretary of State to be likely to be interested in, or affected by, the consultation draft, and

(b) members of the general public.

Requirement to lay consultation draft before Parliament

7

(1) The Secretary of State must—

(a) specify a period (“the scrutiny period”) for scrutiny of the consultation draft by Parliament, and

(b) on or before the first day of that period lay a copy of the consultation draft before Parliament.

(2) Sub-paragraph (3) applies if, during the scrutiny period—

(a) either House of Parliament passes a resolution with regard to the consultation draft, or

(b) a committee of either House of Parliament makes a recommendation with regard to the policies contained in the consultation draft.

(3) The Secretary of State must lay before Parliament a statement setting out the Secretary of State's response to the resolution or recommendation.

(4) In this paragraph “the consultation draft” means the draft prepared and published under paragraph 6.

Publication of the relevant document

8

(1) Sub-paragraph (2) applies where the Secretary of State has—

(a) complied with paragraphs 6 and 7, and

(b) decided on the final text of the relevant document.

(2) The Secretary of State must publish the relevant document as soon as reasonably practicable.

PART 3 — Fisheries management plans

Introductory

9

(1) This Part applies in relation to—

(a) the preparation and publication by a single fisheries policy authority of—

(i) a fisheries management plan,

(ii) amendments of a fisheries management plan, or

(iii) a document under section 7(2)(c) revoking a fisheries management plan, or

(b) the preparation and publication by two or more fisheries policy authorities of such a document.

(2) In this Part “the relevant document” means the document mentioned in sub-paragraph (1).

Consultation

10

(1) Sub-paragraphs (2) and (3) apply in a case within paragraph 9(1)(a); and references in those sub-paragraphs to “the relevant authority” are to the fisheries policy authority mentioned in paragraph 9(1)(a).

(2) The relevant authority must—

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as it considers appropriate, and

(c) take such steps as it considers appropriate to secure that the consultation draft is brought to the attention of interested persons.

(3) The relevant authority must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft.

(4) Sub-paragraphs (5) and (6) apply in a case within paragraph 9(1)(b); and references in those sub-paragraphs to the relevant authorities are to the fisheries policy authorities mentioned in paragraph 9(1)(b).

(5) The relevant authorities acting jointly must—

(a) prepare a draft (“the consultation draft”) of the relevant document,

(b) publish the consultation draft in such manner as they consider appropriate, and

(c) take such steps as they consider appropriate to secure that the consultation draft is brought to the attention of interested persons.

(6) Each of the relevant authorities must, in settling the final text of the relevant document, have regard to any representations made to them about the consultation draft.

(7) In this paragraph “interested persons” means—

(a) any persons appearing to the fisheries policy authority or authorities in question to be likely to be interested in, or affected by, the policies contained in the consultation draft, and

(b) members of the general public.

Publication of the relevant document

11

(1) Sub-paragraph (2) applies in a case within paragraph 9(1)(a) where the fisheries policy authority mentioned in paragraph 9(1)(a) has—

(a) complied with paragraph 10, and

(b) decided on the final text of the relevant document.

(2) The fisheries policy authority must publish the relevant document as soon as reasonably practicable.

(3) Sub-paragraph (4) applies in a case within paragraph 9(1)(b) where—

(a) each of the fisheries policy authorities mentioned in paragraph 9(1)(b) (“the relevant authorities”) have complied with paragraph 10, and

(b) the relevant authorities have decided on the final text of the relevant document.

(4) The relevant authorities acting jointly must publish the relevant document as soon as reasonably practicable.

SCHEDULE 2

PART 1 — England and Wales

Scallops (Irish Sea) (Prohibition of Fishing) Order 1984

1

(1) The Scallops (Irish Sea) (Prohibition of Fishing) Order 1984 (S.I. 1984/1523) is amended as follows.

(2) In article 2 (prohibition), after “British-owned fishing boat” insert “ or foreign fishing boat ”.

Undersized Velvet Crabs Order 1989

2

(1) The Undersized Velvet Crabs Order 1989 (S.I. 1989/919) is amended as follows.

(2) In article 1 (title, commencement and interpretation), in paragraph (2), at the end insert—

“the English zone” means the sea within British fishery limits other than— (a) the Scottish zone, (b) the Northern Ireland zone, and (c) the Welsh zone; “the Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998; “the Welsh zone” has the same meaning as in the Government of Wales Act 2006.

(3) In article 2 (prescribed minimum size for landing velvet crabs), in paragraph (2), after “foreign fishing boats” insert “ of sea fish caught in waters lying outside British fishery limits ”.

(4) In article 3 (prescribed minimum size for sale etc of velvet crabs), in paragraph (2), after “foreign fishing boats” insert “ and were caught in waters lying outside British fishery limits ”.

(5) In article 4 (prescribed minimum size for carriage of velvet crabs on a British fishing boat)—

(a) in the heading, omit “on a British fishing boat”;

(b) the existing text becomes paragraph (1);

(d) after that paragraph insert—

(2) Paragraph (1) does not apply in relation to the Welsh zone. (3) A Northern Ireland fishing boat is prohibited from carrying in the English zone velvet crab that are below the minimum size mentioned in sub-paragraph (1). (4) A foreign vessel is prohibited from carrying in the English zone velvet crab that were caught in waters lying within British fishery limits and are below the minimum size mentioned in sub-paragraph (1). (5) So far as it extends to Northern Ireland, this Article applies as if— (a) references to a “relevant British vessel” were to a relevant British fishing boat; (b) references to a “foreign vessel” were to a foreign fishing boat; (c) references to a “Northern Ireland fishing boat” were to a Scottish fishing boat; (d) references to “the English zone” were to the English zone or the Northern Ireland zone. (6) Expressions used in this Article and in section 1 of the Act have the same meaning in this Article as they have in that section.

(6) In article 5 (powers of British sea-fishery officers in relation to fishing boats)—

(a) in paragraph (1), omit “in relation to any British fishing boat anywhere”;

(b) in that paragraph, at the end, insert

— (a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and (b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.

;

Sea Fish (Specified Sea Area) (Regulation of Nets and Prohibition of Fishing Methods) Order 1989

3

(1) The Sea Fish (Specified Sea Area) (Regulation of Nets and Prohibition of Fishing Methods) Order 1989 (S.I. 1989/1284) is amended as follows.

(2) In article 1(2) (interpretation), omit the definition of “British fishing boat”.

(3) In article 2 (prohibition), in paragraph (1)(a) and (b), omit “British”.

(4) In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—

(a) omit “in relation to any British fishing boat anywhere”;

(b) at the end insert

— (a) in relation to a British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and (b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within British fishery limits.

Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000

4

(1) The Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 (S.I. 2000/874) is amended as follows.

(2) In article 3 (fishing prohibition)—

(a) in paragraph (2)(b), omit “relevant British”;

(b) omit paragraph (3).

(3) In article 4 (landing prohibition)—

(a) in paragraph (1) omit “wherever caught”;

(b) in paragraph (2), after “applies” insert “ (wherever caught) ”;

(3) The landing in England or Northern Ireland from a foreign fishing boat of any sea fish to which this article applies that were caught in waters lying within British fishery limits is prohibited.

(4) In article 4A (berried lobsters and crawfish), in paragraph (1), for sub-paragraphs (a) and (b) substitute “ any fishing boat ”.

(5) In article 5 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

(a) a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and (b) any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.

Undersized Edible Crabs Order 2000

5

(1) The Undersized Edible Crabs Order 2000 (S.I. 2000/2029) is amended as follows.

(2) In article 3 (prescribed minimum size for edible crabs landed in certain areas), omit paragraph (2).

(3) In article 4 (prohibition on landing edible crabs caught in certain areas)—

(a) in paragraph (1), for “paragraphs (2) and” substitute “ paragraph ”;

(b) omit paragraph (2).

(4) In article 5 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

(a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and (b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.

Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001

6

(1) The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001 (S.I. 2001/649) is amended as follows.

(2) In article 3 (application and exemptions), after paragraph (1) insert—

(1A) Subject to paragraph (3), article 4 applies to any net carried in, or used by, any foreign fishing boat in waters that are— (a) within the area mentioned in paragraph (1), and (b) within relevant British fishery limits. In the law of Northern Ireland, the reference in this paragraph to article 4 includes a reference to article 6.

(3) In article 7 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

(a) a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; (b) any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.

Prohibition of Fishing with Multiple Trawls Order 2001

7

(1) The Prohibition of Fishing with Multiple Trawls Order 2001 (S.I. 2001/650) is amended as follows.

(2) In article 3 (prohibition of method of fishing), in paragraph (1)(b), after “Scottish fishing boat” insert “ , or foreign fishing boat, ”.

(3) In article 4 (power of British sea-fishery officers in relation to fishing boats), in paragraph (1)(b), after “Scottish fishing boat” insert “ , or foreign fishing boat, ”.

Shrimp Fishing Nets Order 2002

8

(1) The Shrimp Fishing Nets Order 2002 (S.I. 2002/2870) is amended as follows.

(2) In article 1, omit paragraph (2) (application).

(3) In article 2 (interpretation)—

(a) omit the definition of “British fishing boat”;

(b) at the appropriate place insert—

“regulated fishing boat” means— (a) a fishing boat which is registered in the United Kingdom or is British-owned, or (b) a foreign fishing boat;

(4) In article 3 (prohibition on fishing for shrimps without a separator trawl or sorting grid)—

(a) in paragraph (1), for “British fishing boat” substitute “ regulated fishing boat ”;

(b) after paragraph (2) insert—

(3) The prohibition in this article does not apply to— (a) a fishing boat in the territorial sea adjacent to Wales, (b) a Scottish fishing boat either in the Scottish zone or outside British fishery limits, (c) a Northern Ireland fishing boat either in the Northern Ireland zone or outside British fishery limits, or (d) a foreign fishing boat outside British fishery limits.

(5) In article 4 (powers of British sea-fishery officers), in paragraph (1), for “in relation to any British fishing boat to which this Order applies” substitute

— (a) in relation to a regulated fishing boat that is not a Scottish fishing boat or a foreign fishing boat, wherever it may be; and (b) in relation to any other regulated fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.

Shellfish (Specified Sea Area) (Prohibition of Fishing Methods) (Wales) Order 2003

9

(1) The Shellfish (Specified Sea Area) (Prohibition of Fishing Methods) (Wales) Order 2003 (S.I. 2003/607 (W.81)) is amended as follows.

(2) In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

Prohibition of Fishing with Multiple Trawls Order 2003

10

(1) The Prohibition of Fishing with Multiple Trawls Order 2003 (S.I. 2003/1559) is amended as follows.

(2) In article 3 (prohibition of method of fishing), in paragraph (1)(b), for “Scottish fishing boat or Northern Ireland fishing boat” substitute “ other fishing boat ”.

(3) In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

(a) a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and (b) any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.

Prohibition of Fishing with Multiple Trawls (Wales) Order 2003

11

(1) The Prohibition of Fishing with Multiple Trawls (Wales) Order 2003 (S.I. 2003/1855 (W.205)) is amended as follows.

(2) In article 3 (prohibition of method of fishing), in paragraph (1)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

(3) In article 4 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004

12

(1) The South-west Territorial Waters (Prohibition of Pair Trawling) Order 2004 (S.I. 2004/3397) is amended as follows.

(2) In article 3 (prohibition on pair trawling), in paragraph (1), omit “British”.

(3) In article 4 (prohibition on carrying towed gear), in paragraph (1), omit “British”.

(4) In article 5 (powers of British sea-fishery officers), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

(a) a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and (b) any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.

Tope (Prohibition of Fishing) Order 2008

13

(1) The Tope (Prohibition of Fishing) Order 2008 (S.I. 2008/691) is amended as follows.

(2) In article 2 (application), omit paragraph (2).

(3) In article 6 (powers of British sea-fishery officers), in paragraph (1) at the end insert —

(a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and (b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.

Shrimp Fishing Nets (Wales) Order 2008

14

(1) The Shrimp Fishing Nets (Wales) Order 2008 (S.I. 2008/1811 (W.175)) is amended as follows.

(2) In article 2 (interpretation), in paragraph (1)—

(a) in the English language text, omit the definition of “British fishing boat”;

(b) in the Welsh language text, omit the definition of “cwch pysgota Prydeinig”.

(3) In article 3 (prohibition on fishing for shrimps without a separator trawl or sorting grid), in paragraph (1)—

(a) in the English language text, for “British fishing boats” substitute “ Fishing boats ”;

(b) in the Welsh language text, for “cychod pysgota Prydeinig” substitute “ cychod pysgota ”.

(4) In article 4 (powers of British sea-fishery officers), in paragraph (1)—

(a) in the English language text, for “in relation to any British fishing boat to which this Order applies” substitute—

(a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and (b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.

;

(b) in the Welsh language text, for “mewn perthynas ag unrhyw gwch pysgota Prydeinig y mae'r Gorchymyn hwn yn gymwys iddo” substitute—

(a) mewn perthynas â chwch pysgota Prydeinig perthnasol sydd wedi ei gofrestru yn y Deyrnas Unedig neu sydd mewn perchnogaeth Brydeinig, ble bynnag y bo; a (b) mewn perthynas ag unrhyw gwch pysgota arall, mewn unrhyw ddyfroedd sy'n gyfagos i'r Deyrnas Unedig ac o fewn terfynau pysgodfeydd Prydain perthnasol.

Tope (Prohibition of Fishing) (Wales) Order 2008

15

(1) The Tope (Prohibition of Fishing) (Wales) Order 2008 (S.I. 2008/1438 (W.150)) is amended as follows.

(2) In article 1 (title, commencement and application) in the English language text and in the Welsh language text, omit paragraph (3).

(3) In article 6 (powers of British sea-fishery officers), in paragraph (1) at the end—

(a) in the English language text, insert—

(a) in relation to a relevant British fishing boat that is registered in the United Kingdom or is British-owned, wherever it may be; and (b) in relation to any other fishing boat, in any waters adjacent to the United Kingdom and within relevant British fishery limits.

;

(b) in the Welsh language text, insert—

(a) mewn perthynas â chwch pysgota Prydeinig perthnasol sydd wedi ei gofrestru yn y Deyrnas Unedig neu sydd mewn perchnogaeth Brydeinig, ble bynnag y bo; a (b) mewn perthynas ag unrhyw gwch pysgota arall, mewn unrhyw ddyfroedd sy'n gyfagos i'r Deyrnas Unedig ac o fewn terfynau pysgodfeydd Prydain perthnasol.

Scallop Fishing (Wales) (No 2) Order 2010

16

(1) The Scallop Fishing (Wales) (No 2) Order 2010 (S.I. 2010/269 (W.33)) is amended as follows.

(2) In article 2 (interpretation)—

(a) in the English language text, omit the definition of “British fishing boat”;

(b) in the Welsh language text, omit the definition of “cwch pysgota Prydeinig”.

(3) In each of the provisions specified in sub-paragraph (4)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

(4) The provisions are—

(a) article 3 (fishing restrictions);

(b) articles 5 and 6 (restrictions on number and use of scallop dredges);

(d) article 10(1) (specification of scallop dredges);

(e) article 11(1) (minimum size of scallop).

(5) In article 12 (prohibition on dredging)—

(a) in the English language text, for “British fishing boats” substitute “ fishing boats ”;

(b) in the Welsh language text, for “gychod pysgota Prydeinig” substitute “ gychod pysgota ”.

Cockles and Mussels (Specified Area) (Wales) Order 2011

17

(1) The Cockles and Mussels (Specified Area) (Wales) Order 2011 (S.I. 2011/1988 (W.219)) is amended as follows.

(2) In article 2 (interpretation)—

(a) in the English language text, omit the definition of “British fishing boat”;

(b) in the Welsh language text, omit the definition of “cwch pysgota Prydeinig”.

(3) In article 3(2)(b)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “cwch pysgota Prydeinig” substitute “ cwch pysgota ”.

Scallop Fishing (England) Order 2012

18

(1) The Scallop Fishing (England) Order 2012 (S.I. 2012/2283) is amended as follows.

(2) In article 2(1) (interpretation), omit the definition of “British fishing boat”.

(3) In the following provisions, for “British fishing boat” substitute “ fishing boat ”

(a) article 3(1) (specification of scallop dredges);

(b) article 4 (restrictions on number of scallop dredges);

Scallop Dredging Operations (Tracking Devices) (Wales) Order 2012

19

(1) The Scallop Dredging Operations (Tracking Devices) (Wales) Order 2012 (S.I. 2012/2729 (W.292)) is amended as follows.

(2) In article 2 (interpretation)—

(a) in the English language text, in the definition of “person in charge” (“person sydd â gofal”) (in both places), for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, in the definition of “person sydd â gofal” (“person in charge”)—

(i) for “chwch pysgota Prydeinig” substitute “ chwch pysgota ”;

(ii) for “cwch pysgota Prydeinig” substitute “ cwch pysgota ”.

(3) In each of the provisions specified in sub-paragraph (4)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text—

(i) for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”;

(ii) for “cwch pysgota Prydeinig” substitute “ cwch pysgota ”.

(4) The provisions are—

(a) article 3 (regulation of scallop dredging operations);

(b) article 4 (exception);

(d) article 6(1), (2) and (3) (failure of a tracking device);

(e) article 7(1) and (4) (enforcement).

Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015

20

(1) The Specified Crustaceans (Prohibition on Fishing, Landing, Sale and Carriage) (Wales) Order 2015 (S.I. 2015/2076 (W.312)) is amended as follows.

(2) In article 2 (interpretation)—

(a) in the English language text, omit the definitions of “British fishing boat” and “foreign vessel”;

(b) in the Welsh language text, omit the definitions of “cwch pysgota Prydeinig” and “llong dramor”.

(3) In article 3 (fishing prohibition for specified crawfish, lobster, and crab), in the English language text and in the Welsh language text, omit paragraph (2).

(4) In article 4 (prohibitions on landing of specified crawfish, lobster and crab), in the English language text and in the Welsh language text, omit paragraphs (2) and (4).

(5) In article 5 (prohibitions on sale, exposure or offer for sale or possession of specified crawfish, lobster and crab), in the English language text and in the Welsh language text, omit paragraphs (2) and (4).

(6) In article 6 (prohibition on carriage of specified crawfish, lobster and crab)—

(a) in the English language text—

(i) in the heading, omit “on a British fishing boat”;

(ii) in paragraphs (1) and (2), for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text—

(i) in the heading, omit “ar gwch pysgota Prydeinig”;

(ii) in paragraph (1), for “cwch pysgota Prydeinig” substitute “ cwch pysgota ”;

(iii) in paragraph (2), for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

Whelk Fishing (Wales) Order 2019

21

(1) The Whelk Fishing (Wales) Order 2019 (S.I. 2019/1042 (W.184)) is amended as follows.

(2) In article 2 (interpretation)—

(a) in the English language text, omit the definition of “British fishing boat”;

(b) in the Welsh language text, omit the definition of “cwch pysgota Prydeinig”.

(3) In article 3 (fishing prohibition for specified whelk)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “cychod pysgota Prydeinig” substitute “ cychod pysgota ”.

(4) In article 5 (prohibition on carriage of specified whelk)—

(a) in the English language text, for “British fishing boat” substitute “ fishing boat ”;

(b) in the Welsh language text, for “gwch pysgota Prydeinig” substitute “ gwch pysgota ”.

PART 2 — Scotland

The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1999

22

(1) The Lobsters and Crawfish (Prohibition of Fishing and Landing) (Scotland) Order 1991 (S.S.I. 1999/88) is amended as follows.

(2) In article 3 (fishing prohibition)—

(a) in paragraph (2), for “a relevant British” substitute “ any ”;

(b) in paragraph (3), for “within the Scottish zone or anywhere outside that zone” substitute “ outside the Scottish zone ”.

(3) In article 4 (landing prohibition), for paragraph (3) substitute—

(3) The prohibition in paragraph (2) does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.

(4) In article 5 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)(b), for “relevant British” substitute “ other ”.

The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000

23

(1) The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Scotland) Order 2000 (S.S.I. 2000/227) is amended as follows.

(2) In article 3 (application), in paragraphs (1)(b) and (1B)(b), for “relevant British” substitute “ other ”.

The Prohibition of Fishing for Scallops (Scotland) Order 2003

24

(1) The Prohibition of Fishing for Scallops (Scotland) Order 2003 (S.S.I. 2003/371) is amended as follows.

(2) In articles 3 and 4 (prohibitions of fishing for king scallops) for “a Scottish fishing boat or by any relevant British” substitute “ any ”.

(3) In article 6 (powers of British sea-fishery officers), in paragraph (1)(b), for “relevant British” substitute “ other ”.

The Shrimp Fishing Nets (Scotland) Order 2004

25

(1) The Shrimp Fishing Nets (Scotland) Order 2004 (S.S.I. 2004/261) is amended as follows.

(2) In article 3 (prohibition on fishing for shrimps without a separator trawl or sorting grid), in paragraph (1)(b), for “relevant British” substitute “ other ”.

(3) In article 4 (powers of British sea-fishery officers), in paragraph (1)(b), for “relevant British” substitute “ other ”.

The Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012

26

(1) The Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012 (S.S.I. 2012/63) is amended as follows.

(2) In article 2 (definitions) omit the following definitions—

“fishing boat”;

“relevant British fishing boat”;

“Scottish fishing boat”;

“third country”;

“third country fishing boat”.

(3) Omit article 3 (application).

(4) In article 4 (prohibition of fishing for tope), for “a boat to which this article applies” substitute “ any fishing boat ”.

(5) In article 5 (prohibition of trans-shipment of tope), for “a boat or vessel to which this article applies” substitute “ any fishing boat ”.

(6) In article 6 (prohibition of landing tope)—

(a) the existing provision becomes paragraph (1);

(b) in that paragraph, for “a boat or vessel to which this article applies” substitute “ any fishing boat ”;

(2) The prohibition in paragraph (1) does not apply in relation to tope caught by a foreign fishing boat in waters lying outside British fishery limits.

(7) In article 7 (prohibition of landing specified species of shark, skate and ray)—

(a) in paragraph (1), for “a boat or vessel to which this article applies” substitute “ any fishing boat ”;

(b) after paragraph (1) insert—

(1A) The prohibition in paragraph (1) does not apply in relation to a specified species caught by a foreign fishing boat in waters lying outside British fishery limits.

(8) In article 8 (powers of British sea-fishery officers in relation to fishing boats), in paragraph (1)—

(a) in sub-paragraph (b), for “relevant British” substitute “ other ”;

(b) omit sub-paragraph (c) and the “and” before it.

The Regulation of Scallop Fishing (Scotland) Order 2017

27

(1) The Regulation of Scallop Fishing (Scotland) Order 2017 (S.S.I. 2017/127) is amended as follows.

(2) In article 2 (interpretation), omit the definition of “British fishing boat”.

(3) In article 3 (prescribed minimum size for landing king scallops)—

(a) for paragraph (3) substitute—

(3) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.

;

(b) in paragraph (5), omit sub-paragraph (a).

(4) In article 4 (restrictions on number of scallop dredges), in the opening words, omit “British”.

(5) In article 5 (exemption from restrictions in article 4), in paragraphs (1), (2), (3)(a) and (4)(a), omit “British”.

(6) In article 6 (requirement to install a functioning remote electronic monitoring system), in paragraphs (1) and (3), omit “British”.

The Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017

28

(1) The Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017 (S.S.I. 2017/325) is amended as follows.

(2) In article 3 (prohibition of method of fishing), in paragraph (1)(b), for “relevant British” substitute “ other ”.

The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017

29

(1) The Specified Crustaceans (Prohibition on Landing, Sale and Carriage) (Scotland) Order 2017 (S.S.I. 2017/455) is amended as follows.

(2) In article 2 (interpretation), omit the definition of “foreign fishing boat”.

(3) In article 3 (prescribed minimum size for landing edible crabs in Scotland), for paragraph (2) substitute—

(2) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.

(4) In article 4 (prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of velvet crabs)—

(a) in paragraph (4), after “Scottish zone” insert “ , or a foreign fishing boat within the Scottish zone, ”;

(b) for paragraphs (6) and (7) substitute—

(6) The prohibitions imposed by— (a) section 1(1) of the Act, as read with paragraph (1), and (b) paragraphs (4) and (5), do not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits. (7) The prohibition imposed by section 1(2) of the Act, as read with paragraph (2), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.

(5) In article 5 (prescribed minimum size for landing spider crabs in Scotland), for paragraph (2) substitute—

(2) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.

(6) In article 6 (prescribed minimum size for landing green crabs in the Orkney Islands), for paragraph (2) substitute—

(2) The prohibition imposed by section 1(1) of the Act, as read with paragraph (1), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.

(7) In article 7 (prohibitions on landing, sale, exposure or offer for sale or possession, or carriage of lobsters)—

(a) in paragraph (10), after “Scottish zone” insert “ , or a foreign fishing boat within the Scottish zone, ”;

(b) for paragraphs (12) and (13) substitute—

(12) The prohibitions imposed by— (a) section 1(1) of the Act, as read with paragraphs (1) to (7), and (b) paragraph (10), do not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits. (13) The prohibition imposed by section 1(2) of the Act, as read with paragraph (8), does not apply in relation to sea fish caught by a foreign fishing boat in waters lying outside British fishery limits.

The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2019

30

(1) The Sea Fish (Prohibited Methods of Fishing) (Firth of Clyde) Order 2019 (S.S.I. 2019/419) is amended as follows.

(2) In article 2 (interpretation), in paragraph (1), omit the definition of “British fishing boat”.

(3) In article 3 (prohibited methods of fishing), in paragraphs (1), (2) and (3), omit “British”.

PART 3 — Northern Ireland

The Inshore Fishing (Prohibition of Fishing and Fishing Methods) Regulations (Northern Ireland) 1993

31

(1) The Inshore Fishing (Prohibition of Fishing and Fishing Methods) Regulations (Northern Ireland) 1993 (S.R. (N.I.) 1993 No. 155) are amended as follows.

(2) In regulation 4 (exceptions), omit “to any person who is not a British citizen or”.

The Razor Shells (Prohibition of Fishing) Regulations (Northern Ireland) 1998

32

(1) The Razor Shells (Prohibition of Fishing) Regulations (Northern Ireland) 1998 (Northern Ireland) 1998 (S.R. (N.I.) 1998 No. 414) are amended as follows.

(2) In regulation 4 (exceptions), omit paragraph (a).

The Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000

33

(1) The Crabs and Lobsters (Minimum Size) Order (Northern Ireland) 2000 (S.R. (N.I.) 2000 No. 200) is amended as follows.

(2) In article 2 (interpretation)—

(a) omit the definition of “British fishing boat”;

(b) for the definition of “foreign fishing boat” substitute—

“foreign fishing boat” has the same meaning as in the Fisheries Act 2020 (see section 52 of that Act);

(3) For article 4 substitute—

(4) The prohibitions imposed by section 127(1) of the Act, as read with Article 3 and the Schedule, do not apply in relation to sea-fish caught by a foreign fishing boat in waters lying outside British fishery limits.

The Conservation of Scallops Regulations (Northern Ireland) 2008

34

(1) The Conservation of Scallops Regulations (Northern Ireland) 2008 (S.R. (N.I.) 2008 No. 430) are amended as follows.

(2) In regulation 2 (interpretation), omit the definition of “British fishing boat”.

(3) In regulation 3 (prohibition of fishing and fishing methods) in paragraphs (3), (4), (7)(b) and (8), omit “British”.

(4) In regulation 4 (exemptions), omit paragraph (a).

The Edible Crabs (Conservation) Regulations (Northern Ireland) 2020

35

(1) The Edible Crabs (Conservation) Regulations (Northern Ireland) 2020 (S.R. (N.I.) 2020 No. 152) are amended as follows.

(2) In regulation 2 (interpretation), for the definition of “foreign fishing boat” substitute—

“foreign fishing boat” has the same meaning as in the Fisheries Act 2020 (see section 52 of that Act);

(3) For regulation 5 (exemptions) substitute—

(5) (1) The obligations and prohibitions imposed by regulations 3 and 4 do not apply to any person operating under the authority of, and in accordance with a permit granted under, section 14 of the Act. (2) The obligations and prohibitions imposed by regulations 3 and 4 do not apply in relation to sea-fish caught by a foreign fishing boat in waters lying outside British fishery limits.

The Edible Crabs (Undersized) Order (Northern Ireland) 2020

36

(1) The Edible Crabs (Undersized) Order (Northern Ireland) 2020 (S.R. (N.I.) 2020 No. 153) is amended as follows.

(2) In article 2 (interpretation), for the definition of “foreign fishing boat” substitute—

“foreign fishing boat” has the same meaning as in the Fisheries Act 2020 (see section 52 of that Act);

(3) For article 4 (exemptions) substitute—

(4) (1) The prohibition imposed by section 127(1) of the Act, as read with Article 3 and the Schedule, does not apply to any person operating under the authority of, and in accordance with a permit granted under, section 14 of the Act. (2) The prohibition imposed by section 127(1) of the Act, as read with Article 3 and the Schedule, does not apply in relation to sea-fish caught by a foreign fishing boat in waters lying outside British fishery limits.

SCHEDULE 3

Power to attach conditions to sea fishing licence

1

(1) A sea fish licensing authority may, on granting a sea fishing licence, attach to the licence such conditions as appear to it to be necessary or expedient for the regulation of sea fishing (including conditions which do not relate directly to fishing).

(2) The conditions that may be attached to a sea fishing licence include, in particular, conditions—

(a) as to the landing of fish or parts of fish (including specifying the ports at which catches are to be landed);

(b) as to the use to which the fish caught may be put;

(d) which are imposed for the purposes of conserving or enhancing the marine and aquatic environment.

(3) Where a sea fish licensing authority attaches a condition under sub-paragraph (2)(c) to a licence, it may include in the licence provision as to the circumstances in which time is, or is not, to count as time spent at sea for the purposes of the condition.

(4) If a licence condition is broken, the master, the owner and the charterer (if any) of the fishing boat named in the licence are each guilty of an offence.

(5) For further provision about an offence under sub-paragraph (4) (including provision as to penalties), see sections 19 to 21.

Power to vary, suspend or revoke sea fishing licence etc

2

(1) A sea fish licensing authority may from time to time—

(a) vary a sea fishing licence it has granted so as to alter the authority the licence confers, or

(b) add, remove or vary a condition attached to a sea fishing licence it has granted.

(2) A sea fish licensing authority may suspend or revoke a sea fishing licence it has granted if this appears to it to be—

(a) necessary or expedient for the regulation of sea fishing, or

(b) appropriate in a case where there is—

(i) a contravention of the prohibition in section 14(1) or 16(1), or

(ii) a contravention of a condition attached to the licence.

(3) Where—

(a) a sea fish licensing authority exercises the power in sub-paragraph (1) or (2), and

(b) a charge in respect of the sea fishing licence in question has been made in accordance with regulations under paragraph 7(3),

the authority may, if it considers it appropriate in all the circumstances of the case, refund the whole or part of the charge.

Power to obtain information

3

(1) A sea fish licensing authority may require the master, the owner and the charterer (if any) of the fishing boat named in a sea fishing licence granted by the authority to provide such information, in such form, as the authority may direct.

(2) A person who fails without reasonable excuse to comply with such a requirement is guilty of an offence.

(3) Any person who—

(a) for the purpose of obtaining a sea fishing licence, or

(b) in purported compliance with sub-paragraph (1),

provides information which the person knows to be false in a material particular or recklessly provides information which is false in a material particular is guilty of an offence.

(4) For further provision about an offence under sub-paragraph (2) or (3) (including provision as to penalties), see sections 19 to 21.

Duty to comply with request of another sea fish licensing authority

4

(1) This paragraph applies where—

(a) a sea fish licensing authority exercises its licensing functions in relation to sea fishing licences granted in respect of fishing boats of a particular description so as to—

(i) limit the authority conferred by the licences, or

(ii) attach conditions to the licences; and

(b) the limit or conditions mentioned in paragraph (a) apply when the fishing boats are in an area for which the authority is responsible.

(2) The sea fish licensing authority mentioned in sub-paragraph (1) (“the requesting authority”) may request any other sea fish licensing authority (“the other authority”) to exercise its licensing functions in such a way that the licences granted by the other authority in respect of fishing boats of the same description, so far as they confer authority in relation to the area mentioned in sub-paragraph (1)(b), are made subject to the limit or conditions mentioned in sub-paragraph (1)(a).

(3) The other authority must comply with the request unless, in its opinion, it is unreasonable to do so.

(4) References in this paragraph to an area for which a sea fish licensing authority is responsible are—

(a) in the case of the Scottish Ministers, to an area in Scotland or the Scottish zone;

(b) in the case of the Welsh Ministers, to an area in Wales or the Welsh zone;

(d) in the case of the Marine Management Organisation, to any other area within British fishery limits.

Use of licensing functions to limit fishing activity

5

A sea fish licensing authority may exercise its licensing functions so as to limit—

(a) the number of fishing boats, or any class of fishing boats, engaged in fishing in any area, or

(b) fishing in any area for any description of fish,

to such extent as appears to it to be necessary or expedient for the regulation of sea fishing.

Power to arrange for licensing functions to be exercised by others

6

(1) A sea fish licensing authority may make arrangements for any of its licensing functions to be exercised by other persons on its behalf.

(2) Arrangements made by a sea fish licensing authority under this paragraph do not affect that authority's responsibility for the exercise of the licensing function in question.

(3) A public authority that exercises functions on behalf of a sea fish licensing authority under this paragraph may charge that authority such fees as it considers reasonable in respect of the cost of doing so.

(4) This paragraph does not confer power on a sea fish licensing authority to make arrangements for a licensing function to be exercised on its behalf by another sea fish licensing authority (see instead section 43 (agency arrangements between sea fish licensing authorities)).

Regulations about the licensing of fishing boats

7

(1) The relevant national authority may by regulations make provision—

(a) as to the manner in which a sea fish licensing authority's licensing functions are to be exercised;

(b) as to the time when—

(i) a sea fishing licence, or a variation, suspension or revocation of a sea fishing licence, has effect, or

(ii) a condition attached to a sea fishing licence, or the addition, removal or variation of such a condition, has effect.

(2) Regulations under sub-paragraph (1) may, in particular, include provision—

(a) for documents to be delivered, or notices given, to the nominees of persons to whom licences are granted;

(b) for documents or notices to be treated as delivered or given if they are posted or otherwise communicated in accordance with the regulations;

(d) as to the transitional effects of variations.

(3) The relevant national authority may by regulations make provision authorising the making of charges in relation to a sea fishing licence.

(4) Regulations under sub-paragraph (3) may, in particular—

(a) make provision for the amount of any charge to be specified in, or determined in accordance with provision made by, the regulations;

(b) make different provision in relation to different classes of licence;

(5) The relevant national authority must by regulations make provision as to the principles that are to be applied by a sea fish licensing authority in exercising its functions in relation to conditions attached to a sea fishing licence under paragraph 1(2)(c) (conditions as to time spent at sea).

(6) A principle of the kind to which sub-paragraph (7) applies may not be included in any regulations under sub-paragraph (5) which make provision for principles of any other kind.

(7) This sub-paragraph applies to a principle providing for a reduction in the time which all fishing boats, or all fishing boats of a specified description, may spend at sea during any period by comparison with the time which they, or fishing boats of that description, were permitted to spend (or spent or were treated as spending) during a specified previous period (making any necessary adjustment where the periods are of different lengths); and for this purpose “description” means description framed by reference to size of fishing boat, method or area of fishing or description of fish.

(8) Regulations under sub-paragraph (5) providing for a principle of the kind to which sub-paragraph (7) applies are subject to the affirmative resolution procedure.

(9) Any other regulations under this paragraph are subject to the negative resolution procedure.

(10) In this paragraph “the relevant national authority” means—

(a) the Scottish Ministers, in relation to regulations containing provision about the licensing of—

(i) Scottish fishing boats, or

(ii) foreign fishing boats in Scotland or the Scottish zone;

(b) the Welsh Ministers, in relation to regulations containing provision about the licensing of—

(i) Welsh fishing boats, or

(ii) foreign fishing boats in Wales or the Welsh zone;

(i) Northern Ireland fishing boats, or

(ii) foreign fishing boats in Northern Ireland or the Northern Ireland zone;

(d) the Secretary of State, in relation to regulations containing provision about the licensing of—

(i) British fishing boats that are not Scottish, Welsh or Northern Ireland fishing boats, or

(ii) foreign fishing boats outside Scotland and the Scottish zone, Wales and the Welsh zone, and Northern Ireland and the Northern Ireland zone.

8

(1) Provision which could be included in regulations made by the Scottish Ministers under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Scottish Ministers.

(2) Provision which could be included in regulations made by the Welsh Ministers under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Welsh Ministers.

(3) Provision which could be included in regulations made by the Northern Ireland department under any provision of paragraph 7 may be included in regulations made by the Secretary of State under that provision with the consent of the Northern Ireland department.

Interpretation

9

In this Schedule “licensing function” means a function of a sea fish licensing authority under—

(a) section 15 or 17,

(b) paragraphs 1 to 4 of this Schedule, or

SCHEDULE 4

PART 1 — Access to British fisheries by foreign fishing boats

Sea Fish Industry Act 1962

1

Section 17 of the Sea Fish Industry Act 1962 (exemption from s.2 of the Fishery Limits Act 1976 for operations for scientific and certain other purposes) is repealed.

Sea Fisheries Act 1968

2

(1) The Sea Fisheries Act 1968 is amended as follows.

(2) In section 8 (general powers of British sea-fishery officers)—

(a) in subsection (1), for “section 2 of the Fishery Limits Act 1976 or any order thereunder” substitute “ of section 12 of the Fisheries Act 2020 ”;

(b) in subsection (4), for “section 2 of the Fishery Limits Act 1976 or any order thereunder” substitute “ section 12 of the Fisheries Act 2020 ”.

(3) In section 12 (recovery of fines imposed on master etc or crew), in subsections (1) and (2), for “section 2 of the Fishery Limits Act 1976” substitute “ section 12 of the Fisheries Act 2020 ”.

(4) In section 13 (compensation for damage caused by offence), in subsections (2) and (4), for “section 2 of the Fishery Limits Act 1976” substitute “ section 12 of the Fisheries Act 2020 ”.

(5) In section 14 (jurisdiction to try offences), omit “or section 2 of the Fishery Limits Act 1976”.

Fishery Limits Act 1976

3

(1) Section 2 of the Fishery Limits Act 1976 (access to British fisheries) is repealed.

(2) In consequence of the repeal made by sub-paragraph (1), the following provisions of the Fishery Limits Act 1976 are also repealed—

(a) in section 8 (interpretation), the following definitions—

“relevant British fishery limits”;

“the Scottish zone”;

“sea fish”;

“wholly British-owned”;

(b) in Schedule 3 (transitional provisions), paragraphs 1 and 7.

Subordinate legislation made under section 2 of the Fishery Limits Act 1976

4

The following orders were made (or have effect as if made) under powers contained in section 2 of the Fishery Limits Act 1976 and are therefore revoked by virtue of paragraph 3(1)—

(a) the Fishing Boats (France) Designation Order 1965 (S.I. 1965/1241);

(b) the Fishing Boats (Republic of Ireland) Designation Order 1965 (S.I. 1965/1448);

(d) the Foreign Fishing Boats (Stowage of Gear) Order 1970 (S.I. 1970/318);

(e) the Fishing Boats (European Economic Community) Designation Order 1983 (S.I. 1983/253);

(f) the Fishing Boats (European Economic Community) Designation (Variation) Order 1986 (S.I. 1986/382);

(g) the Fishing Boats (European Economic Community) Designation (Variation) Order 1992 (S.I. 1992/3108);

(h) the Fishing Boats (European Economic Community) Designation (Variation) Order 1996 (S.I. 1996/248);

(i) the Fishing Boats (Specified Countries) Designation Order 1996 (S.I. 1996/1035);

(j) the Fishing Boats (Specified Countries) Designation (Variation) Order 1997 (S.I. 1997/1630);

(k) the Fishing Boats Designation (England) Order 2015 (S.I. 2015/648);

(l) the Fishing Boats Designation (England) (Amendment) Order 2017 (S.I. 2017/1219).

Fishery Limits Act 1976 (Guernsey) Order 1989

5

The Fishery Limits Act 1976 (Guernsey) Order 1989 (S.I. 1989/2407) is revoked.

PART 2 — Licensing of fishing boats

Sea Fish (Conservation) Act 1967

6

(1) The Sea Fish (Conservation) Act 1967 is amended as follows.

(2) Omit section 4 (licensing of fishing boats).

(3) In section 4AA (restrictions on time spent at sea: appeals)—

(a) in subsection (2)(a), for “section 4 of this Act” substitute “ section 15 or 17 of the Fisheries Act 2020 ”;

(b) in subsection (4), for “order made under section 4(6C) of this Act” substitute “ regulations made under paragraph 7(5) of Schedule 3 to the Fisheries Act 2020 ”.

(4) In section 4B (regulations supplementary to sections 4 and 4A)—

(a) in the heading, for “sections 4 and 4A” substitute “ section 4A ”;

(b) in subsection (1)(a), omit “4 or”.

(5) In section 4C (provisions supplementary to sections 4 and 4A: evidence)—

(a) in the heading, for “Provisions supplementary to sections 4 and 4A” substitute “ Proceedings for offences relating to licences ”;

(b) in subsection (1)(a), for “condition included in a licence by virtue of section 4(6) or 4A(6) of this Act” substitute “ relevant condition ”;

(d) in subsection (2), in the opening words, for “an offence under section 4 or 4A” substitute “ a relevant offence ”;

(e) in subsection (2)(c)(i)—

(i) for “condition imposed under section 4(6) or 4A(6)” substitute “ relevant condition ”;

(ii) for “condition imposed under section 4(6)” substitute “ relevant condition within subsection (3A)(a) ”;

(f) in subsection (2)(c)(ii), for “requirement under section 4(7) or 4A(7)” substitute “ relevant requirement ”;

(g) after subsection (3) insert—

(3A) In this section “relevant condition” means a condition— (a) attached, by virtue of paragraph 1 of Schedule 3 to the Fisheries Act 2020, to a sea fishing licence granted under section 15 or 17 of that Act, or (b) included by virtue of subsection (6) of section 4A of this Act in a licence granted under that section. (3B) In this section “relevant offence” means— (a) an offence under section 14(6) or 16(6) of, or paragraph 1(4) or 3(2) or (3) of Schedule 3 to, the Fisheries Act 2020 (offences relating to sea fishing licences), or (b) an offence under section 4A of this Act. (3C) In this section “relevant requirement” means— (a) a requirement under paragraph 3 of Schedule 3 to the Fisheries Act 2020 (power to obtain information in connection with sea fishing licence), or (b) a requirement under section 4A(7) of this Act.

(6) In section 9 (exemption for operations for scientific and other purposes), in subsection (5), omit “4,”.

(7) In section 11 (penalties for offences)—

(a) in subsection (1)—

(i) in paragraph (a) (as it has effect in Scotland and Northern Ireland), omit “4(3), (6) or (9A)”;

(ii) in paragraph (b) (as it has effect in Northern Ireland), omit “4(9A)”;

(iii) in paragraph (c) (as it has effect in Scotland and Northern Ireland), omit “4(7) or (7A)”;

(b) in subsection (2)—

(i) in the opening words as they have effect in England and Wales and Northern Ireland, omit “4(3), (6) and (9A)”;

(ii) in those words as they have effect in Scotland, omit “4(3) and (6)”;

(iii) in paragraph (c) as it has effect in England and Wales and Northern Ireland, omit “4(3), (6) or (9A) or”;

(iv) in that paragraph as it has effect in Scotland, omit “4(3) or (6) or”;

(v) in paragraph (d) as it has effect in England and Wales and Northern Ireland, omit “section 4(3), (6) or (9A) or”;

(vi) in that paragraph as it has effect in Scotland, omit “section 4(3) or (6) or”;

(d) in that subsection as it has effect in Scotland, omit “4(3) or (6)”.

(8) In section 14 (jurisdiction of court to try offences), omit “4,”.

(9) In section 15 (powers of British sea-fishery officers for enforcement of Act)—

(a) in subsection (2)—

(i) in paragraph (b) as it has effect in England and Wales and Northern Ireland, omit “4(3), (6) or (9A) or”;

(ii) in that paragraph as it has effect in Scotland, omit “4(3) or (6) or”;

(iii) in that paragraph, after “this Act” insert “ , or under section 14(6) or 16(6) of, or paragraph 1(4) of Schedule 3 to, the Fisheries Act 2020, ”;

(iv) in paragraph (c), for the words after “an order under”, substitute “ section 5 of this Act or by section 15 or 17 of the Fisheries Act 2020; ”;

(b) in subsection (3), at the end insert “ or any of the provisions of sections 14 to 18 of, or Schedule 3 to, the Fisheries Act 2020 or any regulations made under any of those provisions. ”;

(i) omit “4(6) or”;

(ii) after “this Act” insert “ or paragraph 1 of Schedule 3 to the Fisheries Act 2020 ”;

(d) in subsection (3B)—

(i) omit “4(6) or”;

(ii) after “this Act” insert “ or paragraph 1 of Schedule 3 to the Fisheries Act 2020 ”.

(10) In section 18 (enforcement of orders in relation to salmon and migratory trout)—

(a) in subsection (1)—

(i) in the opening words, omit “4,”;

(ii) in paragraph (b), omit “section 4 of this Act, and”;

(b) in subsections (2) and (3), omit “4,”.

(11) In section 20 (orders)—

(a) in subsection (2), omit “4,”;

(b) in subsection (5)—

(i) omit “4,”;

(ii) after “thereunder,” insert “ and a statutory instrument containing an order made under section 15 in relation to any of the provisions of sections 14 to 18 of, or Schedule 3 to, the Fisheries Act 2020 or any regulations made under any of those provisions, ”;

(iii) omit “(5A) or”;

(12) In section 22 (interpretation)—

(a) in subsection (1), at the appropriate place, insert—

“British fishing boat” means a fishing boat— (a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, (b) which is British-owned, or (c) which is registered under the law of Jersey, Guernsey or the Isle of Man;

;

(b) in that subsection, in the definition of “sea fish”, omit “4,”;

(1A) In any order or regulations made under this Act “foreign fishing boat” means (unless the contrary intention appears) a fishing boat which is not a British fishing boat.

(13) In section 22A (application to Scotland)—

(a) in subsection (3), for “sections 4 and” substitute “ section ”;

(b) in subsection (4), for “sections 4(4) and” substitute “ section ”;

(d) in subsection (11)(b), after “approval”, in the second place it occurs, insert “ or annulment ”.

Fishery Limits Act 1976

7

In the Fishery Limits Act 1976, omit section 3 (which substitutes section 4 of the Sea Fish (Conservation) Act 1967).

Fisheries Act 1981

8

In the Fisheries Act 1981, omit section 20 (which amends section 4 of the Sea Fish (Conservation) Act 1967).

Sea Fish (Conservation) Act 1992

9

In the Sea Fish (Conservation) Act 1992, omit section 1 (which amends section 4 of the Sea Fish (Conservation) Act 1967).

Government of Wales Act 2006

10

(1) The Government of Wales Act 2006 is amended as follows.

(2) In Schedule 3A (functions of Ministers of Crown etc exercisable concurrently or jointly with Welsh Ministers)—

(a) in paragraph 1(2), in the table, in the entry for the Sea Fish (Conservation) Act 1967, in column 2—

(i) omit “(a) section 4 (licensing of fishing boats), and”;

(ii) for “sections 4 and” substitute “ section ”;

(b) in paragraph 2(2)(b), omit sub-paragraph (i);

Marine and Coastal Access Act 2009

11

(1) The Marine and Coastal Access Act 2009 is amended as follows.

(2) In section 4 (licensing of fishing boats)—

(a) omit subsections (1) to (6);

(b) in subsection (7), for “that section” substitute “ section 4 of the Sea Fish (Conservation) Act 1967 (licensing of fishing boats) ”.

(3) In section 7 (regulations supplementary to sections 4 and 4A of the Sea Fish (Conservation) Act 1967), omit “4 or”.

(4) In section 196 (charging for commercial fishing licences), omit subsection (1).

(5) Omit section 197 (grant of licences subject to conditions imposed for environmental purposes).

(6) In section 284 (power to require production of certain equipment), in subsection (2)(a), for “section 4(6) or” substitute “ paragraph 1 of Schedule 3 to the Fisheries Act 2020 or section ”.

Sea Fish (Specified Manx Waters) Licensing Order 1990

12

The Sea Fish (Specified Manx Waters) Licensing Order 1990 (S.I. 1990/2051) is revoked.

Sea Fish Licensing Order 1992

13

(1) The Sea Fish Licensing Order 1992 (S.I. 1992/2633) is amended as follows.

(2) Articles 2 and 3, and the Schedule, were made under powers contained in section 4 of the Sea Fish (Conservation) Act 1967 and are therefore revoked by virtue of paragraph 6(2).

(3) In article 4—

(a) in paragraph (1), for “this Order” substitute “ section 14 of the Fisheries Act 2020 ”;

(b) in paragraph (3)(c), for “section 4 of the Sea Fish (Conservation) Act 1967 as read with this Order” substitute “ section 14(6) of, or paragraph 1(4) or 3(2) or (3) of Schedule 3 to, the Fisheries Act 2020 ”;

Sea Fish Licensing (Time at Sea) (Principles) Order 1993

14

(1) The Sea Fish Licensing (Time at Sea) (Principles) Order 1993 (S.I. 1993/1196) is amended as follows.

(2) Article 2 (interpretation) is amended in accordance with sub-paragraphs (3) and (4).

(3) In paragraph (1)—

(a) in the definition of “the Act”, for “Sea Fish (Conservation) Act 1967” substitute “ Fisheries Act 2020 ”;

(b) for the definition of “the appropriate Minister” substitute—

“the sea fish licensing authority” means— (a) in relation to a Scottish fishing boat, the Scottish Ministers; (b) in relation to a Welsh fishing boat, the Welsh Ministers; (c) in relation to a Northern Ireland fishing boat, the Northern Ireland department; (d) in relation to any other British fishing boat, the Marine Management Organisation;

;

(c) in the definition of “compulsory returns”, in both places, for “appropriate Minister” substitute “ sea fish licensing authority ”;

(d) in the definition of “licence”, for “section 4” substitute “ section 15 or 17 ”;

(e) in the definition of “principles”, for “section 20(5B) of” substitute “ paragraph 7(7) of Schedule 3 to ”;

(f) in the definition of “time at sea condition”, for “section 4(6)(c) of” substitute “ paragraph 1(2)(c) of Schedule 3 to ”;

(g) in the definition of “voluntary returns”, for “appropriate Minister” substitute “ sea fish licensing authority ”.

(4) In paragraph (2)(c), for “the Act” substitute “ the Sea Fish (Conservation) Act 1967 ”.

(5) In Article 3 (principles), for “on which the time which vessels may spend at sea is to be arrived at for the purposes of” substitute “ that are to be applied by the sea fish licensing authority in exercising its functions in relation to ”.

Sea Fishing (Licences and Notices) Regulations 1994

15

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

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

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

(b) after paragraph (1) insert—

(1A) These regulations apply in relation to— (a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Welsh fishing boats; (b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Welsh Ministers; and (c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)— (i) in respect of Welsh fishing boats, or (ii) by the Welsh Ministers in respect of foreign fishing boats.

;

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

;

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