Fisheries Act 2020

• (4) Subsection (1) does not authorise the making of arrangements in relation to any function of making, confirming or approving subordinate legislation.

• (5) The power of a sea fish licensing authority to make arrangements under subsection (1) does not affect, and is not affected by, any other power of the authority to make arrangements relating to the exercise of its functions by other persons on its behalf.

• (6) In this section—

• “fisheries function” means a function relating to fisheries, fishing or aquaculture;

• “product movement function” means a function relating to the movement of fishery products—into or out of the United Kingdom, orwithin the United Kingdom.

Foreign fishing boats that are exclusively Faroe Islands-regulated

44

• (1) No prohibition, restriction or obligation relating to sea fishing imposed by any enactment applies to—

• (a) anything done or not done by or in relation to a foreign fishing boat at a time at which the fishing boat is in waters lying within the Special Area and is exclusively Faroe Islands-regulated, or

• (b) anything done or not done in relation to sea fish that were caught by a foreign fishing boat in waters lying within the Special Area at a time at which the fishing boat was exclusively Faroe Islands-regulated.

• (2) For the purposes of this section a foreign fishing boat is “exclusively Faroe Islands-regulated” if—

• (a) there is in force a licence issued by or on behalf of the Government of the Faroe Islands authorising it to fish in waters lying (to any extent) within the Special Area, and

• (b) the fishing boat is not on a list maintained and published by the Scottish Ministers for the purposes of this subsection.

• (3) In this section—

• (a) “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018 and includes an enactment contained in or made under this Act;

• (b) “the Special Area” means the Special Area, as defined in Article 4 of, and Schedule C to, the Faroe Islands Treaty;

• (c) “the Faroe Islands Treaty” means the agreement between—

• (i) the Government of the United Kingdom, and

• (ii) the Government of the Kingdom of Denmark together with the Home Government of the Faroe Islands,

relating to the maritime delimitation in the area between the Faroe Islands and the United Kingdom, entered into on 18 May 1999.

Legislative competence of Senedd Cymru

45

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

• (2) In section 108A (legislative competence), after subsection (4) insert—

(4A) References in subsections (2)(b) and (3) to Wales include, in relation to a relevant provision of an Act of the Senedd, the area of the Welsh zone beyond the seaward limit of the territorial sea. A provision of an Act of the Senedd is “relevant” if it relates to fishing, fisheries or fish health.

• (3) In section 157A (devolved Welsh authority), after subsection (8) insert—

(9) References in this section to Wales include, in relation to a relevant function of a public authority, the area of the Welsh zone beyond the seaward limit of the territorial sea. A function of a public authority is “relevant” if it relates to fishing, fisheries or fish health.

• (4) In Schedule 3, in paragraph 9 (Parliamentary and Senedd procedure applying to exercise of legislative function transferred to Senedd under GOWA 2006), after sub-paragraph (6) insert—

(6A) References in sub-paragraph (6) to Wales include, in relation to a relevant function or activity of a cross-border body, the area of the Welsh zone beyond the seaward limit of the territorial sea. A function or activity of a cross-border body is “relevant” if it relates to fishing, fisheries or fish health.

• (5) In Schedule 7A (reserved matters)—

• (a) in paragraph 9, after sub-paragraph (4) insert—

(4A) References in this paragraph to Wales include, in relation to a relevant function of a tribunal, the area of the Welsh zone beyond the seaward limit of the territorial sea. A function of a tribunal is “relevant” if it relates to fishing, fisheries or fish health.

• (b) in paragraph 195, after sub-paragraph (3) insert—

(3A) References in this paragraph to Wales include, in relation to a relevant function of an authority, the area of the Welsh zone beyond the seaward limit of the territorial sea. A function of an authority is “relevant” if it relates to fishing, fisheries or fish health.

• (6) In Schedule 11, in paragraph 33 (Parliamentary and Senedd procedure applying to exercise of legislative function transferred to Senedd under GOWA 1998), after sub-paragraph (6) insert—

(6A) References in sub-paragraph (6) to Wales include, in relation to a relevant function or activity of a cross-border body, the area of the Welsh zone beyond the seaward limit of the territorial sea. A function or activity of a cross-border body is “relevant” if it relates to fishing, fisheries or fish health.

Interpretation of Welsh legislation

46

• (1) In the Interpretation Act 1978, section 23B (application of Interpretation Act 1978 to Welsh legislation), as substituted by paragraph 1 of Schedule 2 to the Legislation (Wales) Act 2019 (anaw 4), is amended in accordance with subsections (2) and (3).

• (2) In subsection (6), for “and “Wales”” substitute “, “Welsh zone” and (subject to subsection (7)) “Wales””.

• (3) After subsection (6) insert—

(7) In relation to a provision that— (a) relates to fishing, fisheries or fish health, and (b) is contained in an instrument made after section 45 of the Fisheries Act 2020 comes into force, “Wales” includes the area of the Welsh zone beyond the seaward limit of the territorial sea.

• (4) The Legislation (Wales) Act 2019 (anaw 4) is amended in accordance with subsections (5) to (8).

• (5) In section 1(3)(d) (duty to keep accessibility of Welsh law under review)—

• (a) in the English language text, omit “applies in relation to Wales and relates to subject matter which”;

• (b) in the Welsh language text, omit “y mae'n gymwys o ran Cymru ac y mae'n ymwneud â phwnc”.

• (6) In section 3 (legislation to which Part 2 of the Act applies), after subsection (3)—

• (a) in the English language text, insert—

(4) In relation to subordinate legislation that relates to fishing, fisheries or fish health and is made after section 45 of the Fisheries Act 2020 (c. 22) comes into force, the reference in subsection (2)(b)(iii) to Wales includes the area of the Welsh zone beyond the seaward limits of the territorial sea.

;

• (b) in the Welsh language text, insert—

(4) Mewn perthynas ag is-ddeddfwriaeth sy'n ymwneud â physgota, pysgodfeydd neu iechyd pysgod ac a wneir ar ôl i adran 45 o Ddeddf Pysgodfeydd 2020 (p. 22) ddod i rym, mae'r cyfeiriad yn is-adran (2)(b)(iii) at Gymru yn cynnwys yr ardal o barth Cymru sydd y tu hwnt i derfynau atfor y môr tiriogaethol.

• (7) After section 40—

• (a) in the English language text insert—

(40A) In relation to subordinate legislation that relates to fishing, fisheries or fish health, references in this Part to Wales include the area of the Welsh zone beyond the seaward limits of the territorial sea.

;

• (b) in the Welsh language text insert—

(40A) Mewn perthynas ag is-ddeddfwriaeth sy'n ymwneud â physgota, pysgodfeydd neu iechyd pysgod, mae cyfeiriadau yn y Rhan hon at Gymru yn cynnwys yr ardal o barth Cymru sydd y tu hwnt i derfynau atfor y môr tiriogaethol.”

• (8) In Schedule 1, in the Table—

• (a) in the English language text, after the entry for “Welsh tribunal (tribiwnlys Cymreig)” insert—

Welsh zone (parth Cymru)	“Welsh zone” has the meaning given by section 158 of the Government of Wales Act 2006 (c. 32) (and see article 3 of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), which makes provision about the limits of the zone)

;

• (b) in the Welsh language text, after the entry for “offeryn UE (EU instrument)” insert—

parth Cymru (Welsh zone)	mae i “parth Cymru” yr ystyr a roddir i “Welsh zone” gan adran 158 o Ddeddf Llywodraeth Cymru 2006 (p. 32) (a gweler erthygl 3 o Orchymyn Parth Cymru (Ffiniau a Throsglwyddo Swyddogaethau) 2010 (O.S. 2010/760), sy'n gwneud darpariaeth ynghylch terfynau'r parth)”.

Conservation of Seals

47

Schedule 9 contains amendments of the Conservation of Seals Act 1970 and the Wildlife (Northern Ireland) Order 1985 (1985/171 (N.I. 2)) in connection with prohibiting the killing, injuring or taking of seals.

Amendments of the Marine and Coastal Access Act 2009

48

Schedule 10 contains—

• (a) in Part 1, amendments of the Marine and Coastal Access Act 2009 relating to the general powers and duties of the Marine Management Organisation, and

• (b) in Part 2, amendments of that Act conferring powers on the Marine Management Organisation, the Welsh Ministers, the Scottish Ministers and the Northern Ireland Department to make byelaws or orders relating to the exploitation of sea fisheries resources for conservation purposes, together with consequential amendments of other enactments.

Retained direct EU legislation: minor and consequential amendments

49

Schedule 11 contains minor and consequential amendments of retained direct EU legislation.

Final provisions

Amendments that could have been made under existing powers

50

• (1) Where—

• (a) any provision of this Act amends or revokes subordinate legislation, and

• (b) the amendment or revocation could have been made under a power conferred by an enactment,

the amendment or revocation is treated, for the purpose of making further provision under that enactment, as having been made under it.

• (2) In this section “enactment” has the same meaning as in the European Union (Withdrawal) Act 2018.

Regulations

51

• (1) Regulations under any provision of this Act may make—

• (a) consequential, supplementary, incidental, transitional, or saving provision;

• (b) different provision for different purposes or areas.

• (2) Regulations under this Act made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.

• (3) Where regulations under this Act are subject to “the negative resolution procedure” and are made —

• (a) by the Secretary of State, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament;

• (b) by the Scottish Ministers, they are subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));

• (c) by the Welsh Ministers, they are subject to annulment in pursuance of a resolution of Senedd Cymru;

• (d) by the Northern Ireland department, the instrument containing them is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

• (4) Where regulations under this Act are subject to “the affirmative resolution procedure” and are made—

• (a) by the Secretary of State, they may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament;

• (b) by the Scottish Ministers, they are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10));

• (c) by the Welsh Ministers, they may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru;

• (d) by the Northern Ireland department, they may not be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (5) Any provision that may be made by regulations under this Act subject to the negative resolution procedure may be made by regulations subject to the affirmative resolution procedure.

• (6) This section does not apply to regulations under section 54.

Interpretation

52

In this Act—

• “aquaculture” means the breeding, rearing, growing or cultivation of—any fish or other aquatic animal,seaweed or any other aquatic plant, orany other aquatic organism;

• “aquaculture activities” means any of the following (whether or not carried out in the course of a business or employment)—aquaculture;harvesting aquaculture organisms;operating vessels for harvesting or processing aquaculture organisms;storing or transporting aquaculture organisms;loading and unloading aquaculture organisms;processing aquaculture organisms;

• “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;

• (c) Part 3 extends to Northern Ireland 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,

• (c) section 37 (interpretation of section 36),

• (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);

• (c) section 33 and Schedule 6 (financial assistance);

• (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);

• (c) section 25 (distribution of fishing opportunities);

• (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);

• (c) section 34 and Schedule 7 (charges: powers of MMO etc);

• (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);

• (c) in that paragraph, for “British fishing boat” substitute “ relevant British vessel ”;

• (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.

;

• (c) in paragraph (4), in the opening words, after “within” insert “ relevant ”.

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) ”;

• (c) after paragraph (2) insert—

(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);

• (c) articles 8(1), (2) and (3) and 9 (restriction on size of tow bars);

• (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);

• (c) article 5(1) (carriage of undersized scallops).

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);

• (c) article 5(a) (required information);

• (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 ”;

• (c) after that paragraph insert—

(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.

• (c) in paragraph (2), for “paragraph (1)” substitute “ this article ”.

• (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;

• (c) restricting the time the fishing boat may spend at sea (whether for the purpose of fishing or otherwise);

• (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