The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024

• (4) In Annex 6 (north western waters) in Part A (minimum conservation reference sizes), at the end of the table insert the following row—

• (5) In Annex 7 (south western waters) in Part A (minimum conservation reference sizes), at the end of the table insert the following row—

Amendment of the Common Fisheries Policy and Aquaculture (Amendment etc) (EU Exit) Regulations 2019

9

• (1) The Common Fisheries Policy and Aquaculture (Amendment etc) (EU Exit) Regulations 2019[^f00046] are amended as follows.

• (2) In regulation 15 (Council Regulation (EC) No 520/2007 laying down technical measures for the conservation of certain stocks of highly migratory species) omit paragraphs (3) to (10).

SCHEDULE — Measurement of bluefin tuna

Signed

Mark Spencer — Minister of State — Department for Environment, Food and Rural Affairs — 26th March 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision in relation to the International Convention for the Conservation of Atlantic Tunas (“the Convention”), to which the United Kingdom is a contracting party.

The United Kingdom was formerly subject to the requirements of the Convention as a member State of the European Union. Following EU exit, the UK has become a contracting party to the Convention as an independent coastal State.

On IP completion day, EU law relating to the implementation of the requirements of the Convention became retained EU law in the UK. These Regulations update and amend retained EU law to account for further requirements under the Convention, to remove unnecessary provisions, to remove ambiguity in some of the retained EU law and to ensure that legislation relating to the Convention correctly implements the UK’s obligations and provides appropriate enforcement powers for the relevant UK authorities.

These Regulations cover the following retained EU law—

• (a) Council Regulation (EC) No 1936/2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (EUR 2001/1936) (“Regulation 1936/2001)”. Regulation 2 removes the remaining provisions relating to the Convention from Regulation 1936/2001 as those provisions relate to bluefin tuna farming which does not form part of the UK’s fishing activity in relation to bluefin tuna.

• (b) Council Regulation (EC) No 1984/2003 introducing a system for the statistical monitoring of trade in swordfish and bigeye tuna within the Community (EUR 2003/1984) (“Regulation 1984/2003”). Regulation 3 amends Regulation 1984/2003 to ensure it correctly reflects the Convention requirements for a statistical document to accompany imports of swordfish and bigeye tuna into the UK and to include associated offence, penalty and enforcement provisions.

• (c) Regulation (EU) No 640/2010 of the European Parliament and of the Council establishing a catch documentation programme for bluefin tuna Thunnus thynnus (EUR 2010/640) (“Regulation 640/2010”). Regulation 4 comprehensively updates Regulation 640/2010 to provide for the Convention requirements regarding the mandatory use of electronic bluefin tuna catch documents (whereas previously Regulation 640/2010 only provided for the old requirement to use paper catch documents). Associated offence, penalty and enforcement provisions for breaches of the new requirements are also included which follow existing enforcement provisions.

The provisions of Regulation 640/2010 apply in relation to Great Britain only but the Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959) apply Regulation 640/2010 in relation to the movement of certain consignments of bluefin tuna from Great Britain to Northern Ireland in accordance with the Northern Ireland Retail Movement Scheme established under the Windsor Framework. The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056) apply Northern Ireland enforcement provisions (with any necessary modifications) in respect of the application of Regulation 640/2010 to such consignments.

• (d) Commission Delegated Regulation (EU) 2015/98 on the implementation of the Union’s international obligations under the International Convention for the Conservation of Atlantic Tunas and the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (EUR 2015/98) (“Regulation 2015/98”). Regulation 5 amends Regulation 2015/98 to remove provisions relating to the interaction of the landing obligation and the requirements of the Convention. This is to remove duplication with the amendments made by these Regulations to Regulation 2016/1627 (see below) whereby specific provisions relating to the interaction of the landing obligation and the requirements of the Convention have been included alongside the provisions to which they directly relate.

• (e) Regulation (EU) 2016/1627 of the European Parliament and of the Council on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean (EUR 2016/1627) (“Regulation 2016/1627”). Regulation 6 comprehensively updates Regulation 2016/1627 to ensure that it correctly reflects the UK’s obligations under the Convention and, in particular, takes account of the UK’s allocation of bluefin tuna catch quota (previously the UK was not allocated any bluefin tuna catch quota under the Convention). The amendments ensure that relevant Convention requirements will be applied to UK fishing boats fishing for bluefin tuna under the new quota allocation and include associated offence, penalty and enforcement provisions which follow existing enforcement provisions.

• (f) Regulation (EU) 2019/1154 of the European Parliament and of the Council on a multiannual recovery plan for Mediterranean swordfish (EUR 2019/1154) (“Regulation 2019/1154”). Regulation 7 revokes the substantive provisions of Regulation 2019/1154 as these relate to swordfish in the Mediterranean.

• (g) Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures (EUR 2019/1241) (“Regulation 2019/1241”). Regulation 8 amends Regulation 2019/1241 to insert the minimum conservation reference size for bluefin tuna for consistency with minimum conservation reference sizes for other species which are included in the Regulation.

In addition to amending retained EU law, these Regulations also amend the Common Fisheries Policy and Aquaculture (Amendment etc) (EU Exit) Regulations 2019 (S.I. 2019/753) (see regulation 9) to remove an obsolete provision.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.

Footnotes

[^f00001]: 2020 c. 22. Section 52 specifies how “international obligation of the United Kingdom” is to be interpreted. For the purposes of section 36(4), these Regulations are “regional fisheries management regulations” within the meaning of section 36(5). Section 37 contains the definitions of “regional fisheries management agreement” and “regional fisheries management organisation” for the purposes of interpreting the definition of “regional fisheries management regulations” and, in the context of the amendments made by these Regulations, the relevant regional fisheries management agreement is “The International Convention for the Conservation of Atlantic Tunas” and the relevant regional fisheries management organisation is “The International Commission for the Conservation of Atlantic Tunas”.

[^f00002]: See section 52 for the definition of “the Northern Ireland department”.

[^f00003]: EUR 2001/1936, amended by S.I. 2019/739. S.I. 2019/739 came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1) and was amended before it came into force by S.I. 2020/1542.

[^f00004]: EUR 2003/1984, amended by S.I. 2019/753. S.I. 2019/753 came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 and was amended before it came into force by S.I. 2020/1542.

[^f00005]: EUR 2019/1241; amended by S.I. 2019/1312. S.I. 2019/1312 came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 and was amended before it came into force by S.I. 2020/1542.

[^f00006]: “The customs tariff” is defined in section 8(2) of the Taxation (Cross-border Trade) Act 2018 (c. 22) and was established by S.I. 2020/1430. S.I. 2020/1430 was amended by S.I. 2023/433.

[^f00007]: 2018 c. 16. The definition of “enactment” in section 20(1) was amended by paragraph 44(2)(c) of Part 2 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

[^f00008]: The ICCAT record of fishing vessels is published on the ICCAT website: www.iccat.int/en/vesselsrecord.asp.

[^f00009]: By virtue of section 1(1) of the Fishery Limits Act 1976 (c. 86) “British fishery limits” are designated by S.I. 2013/3161. Section 1(1) of that Act was substituted by paragraph 2(2) of Part 1 of Schedule 4 to the Marine and Coastal Access Act 2009 (c. 23).

[^f00010]: The length overall of a fishing boat is defined in Article 2 of Regulation (EU) 2017/1130 of the European Parliament and of the Council defining characteristics for fishing vessels (EUR 2017/1130); amended by S.I. 2019/739.

[^f00011]: EUR 2017/2107, amended by S.I. 2019/753.

[^f00012]: 1968 c. 77. Section 8 was amended by paragraph 17(1) of Schedule 2 to the Fishery Limits Act 1976 (c. 86) and section 26(2) and (3) of the Fisheries Act 1981 (c. 29).

[^f00013]: 2009 c. 23.

[^f00014]: Section 7 was amended by Schedule 5 to the Northern Ireland Constitution Act 1973 (c. 36), Part 2 of Schedule 5 to the Fisheries Act 1981, section 239 of the Marine and Coastal Access Act 2009 and by S.I. 1999/1820.

[^f00015]: EUR 2010/640; amended by S.I. 2019/753. S.I. 2019/753 came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 and was amended before it came into force by S.I. 2019/1312 and 2020/1599; there are other amending instruments to S.I. 2019/753 (before it came into force) but none is relevant.

[^f00016]: By virtue of section 1(1) of the Fishery Limits Act 1976 (c. 86) “British fishery limits” are designated by S.I. 2013/3161.

[^f00017]: The Commission was established by the International Convention for the Conservation of Atlantic Tunas.

[^f00018]: The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009.

[^f00019]: EUR 2016/1627; amended by S.I. 2019/753.

[^f00020]: 1968 c. 77. Section 8 was amended by paragraph 17(1) of Schedule 2 to the Fishery Limits Act 1976 (c. 86) and section 26(2) and (3) of the Fisheries Act 1981 (c. 29).

[^f00021]: 2009 c. 23.

[^f00022]: Section 7 was amended by Schedule 5 to the Northern Ireland Constitution Act 1973 (c. 36), Part 2 of Schedule 5 to the Fisheries Act 1981, section 239 of the Marine and Coastal Access Act 2009 and by S.I. 1999/1820.

[^f00023]: EUR 2015/98; amended by S.I. 2019/753.

[^f00024]: EUR 2016/1627; amended by S.I. 2019/753.

[^f00025]: EUR 2010/640, amended by S.I. 2019/753.

[^f00026]: The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009.

[^f00027]: 2020 c. 22.

[^f00028]: The Commission was established by the International Convention for the Conservation of Atlantic Tunas.

[^f00029]: The ICCAT record of fishing vessels is published on the ICCAT website: www.iccat.int/en/vesselsrecord.asp.

[^f00030]: 1998 c. 47; see section 98(1) and (8). S.I. 2002/791 determines the extent of the area of the sea which is to be treated as adjacent to Northern Ireland for the purposes of the definition of the Northern Ireland zone.

[^f00031]: EUR 2009/1224, amended by S.I. 2019/739 and 2019/753.

[^f00032]: EUR 2019/1241; amended by S.I. 2019/1312.

[^f00033]: EUR 2013/1380, amended by paragraph 2 of Schedule 11 to the Fisheries Act 2020, S.I. 2019/739 and 2019/753.

[^f00034]: The fishing plans of contracting parties are published on the ICCAT website: www.iccat.int. A copy of the UK’s bluefin tuna fishing plan is available on request from the Department for Environment, Food and Rural Affairs.

[^f00035]: 1998 c. 46; see section 126(1) and (2). S.I. 1999/1126 determines the extent of the area of the sea which is to be treated as adjacent to Scotland for the purposes of the definition of the Scottish zone.

[^f00036]: By virtue of section 1(1) of the Fishery Limits Act 1976 (c. 86) “British fishery limits” are designated by S.I. 2013/3161.

[^f00037]: 2006 c. 32; see section 158(1) and (3). Section 158(1) was amended by section 43(2) of the Marine and Coastal Access Act 2009. S.I. 2010/760 determines the extent of the area of the sea which is to be treated as adjacent to Wales for the purposes of the definition of the Welsh zone.

[^f00038]: 1995 c. 21.

[^f00039]: The fishing plans of contracting parties are published on the ICCAT website: www.iccat.int. A copy of the UK’s bluefin tuna fishing plan is available on request from the Department for Environment, Food and Rural Affairs.

[^f00040]: The fishing plans of contracting parties are published on the ICCAT website: www.iccat.int. A copy of the UK’s bluefin tuna fishing plan is available on request from the Department for Environment, Food and Rural Affairs.

[^f00041]: 1968 c. 77. Section 8 was amended by paragraph 17(1) of Schedule 2 to the Fishery Limits Act 1976 (c. 86) and section 26(2) and (3) of the Fisheries Act 1981 (c. 29).

[^f00042]: 2009 c. 23.

[^f00043]: Section 7 was amended by Schedule 5 to the Northern Ireland Constitution Act 1973 (c. 36), Part 2 of Schedule 5 to the Fisheries Act 1981, section 239 of the Marine and Coastal Access Act 2009 and by S.I. 1999/1820.

[^f00044]: EUR 2019/1154.

[^f00045]: EUR 2019/1241; amended by S.I. 2019/1312.

[^f00046]: S.I. 2019/753; which came into force on IP completion day by virtue of paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 and was amended before it came into force by S.I. 2019/1312; there are other amending instruments (before it came into force) but none is relevant.