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

Type Statutory-Instrument
Publication 2024-03-26
State In force
Department King's Printer of Acts of Parliament
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(3) The reports referred to in paragraphs 1 and 2 must be transmitted to the relevant fisheries authority (a) in the case of purse seiners and boats over 24 metres in length, on a daily basis by 9:00am for the preceding day, and (b) in the case of any other fishing boats, on a weekly basis by midday on Tuesday for the preceding week ending at midnight on Sunday.

  • (d) Omit paragraphs 4 and 5.
  • (22) Omit Articles 27, 28 and 29.
  • (23) In Article 30 (designated ports)—
  • (a) in paragraph 1, for “A fisheries administration” substitute “Each fisheries authority”;
  • (b) in paragraph 2—
  • (i) for “a port to be determined as a” substitute “each”;
  • (ii) for “a fisheries administration” substitute “the fisheries authority”;
  • (iii) at the end insert “and establish appropriate inspection and surveillance procedures in relation to such times and places”;
  • (c) omit paragraph 3;
  • (d) for paragraph 4 substitute—

(4) It is prohibited for— (a) a fishing boat to land or tranship any quantity of bluefin tuna at any place in the United Kingdom or the United Kingdom zone other than at a designated port; (b) a UK fishing boat to land or tranship any quantity of bluefin tuna at any place other than at a designated port.

  • (24) In Article 31 (landings)—
  • (a) in paragraph 1—
  • (i) omit “(EC) No” in both places it occurs;
  • (ii) for “shall apply” substitute “applies”;
  • (iii) for “Union fishing vessels” substitute “ICCAT authorised UK fishing boats”;
  • (iv) omit the words from “included” to the end of the first sentence;
  • (v) for “shall” in the second place it occurs, substitute “must”;
  • (vi) for “competent authority of the Member State (including the flag Member State)” substitute “fisheries authority for the port”;
  • (vii) for “CPC” substitute “the competent authority of the contracting party”;
  • (b) in paragraph 2—
  • (i) for “Union fishing vessels” substitute “ICCAT authorised UK fishing boats”;
  • (ii) for the words from “included” to “shall” substitute “must”;
  • (iii) for “competent authority of the Member State (including the flag Member State)” substitute “fisheries authority for the port”;
  • (iv) for “CPC” substitute “competent authority of the contracting party”;
  • (c) in paragraph 3—
  • (i) for the words from “Member States” to “1 and 2,” substitute “a fisheries authority applies a shorter notification period by virtue of regulations made under Article 17(6) of Regulation 1224/2009, instead of the notification periods specified in paragraphs 1 and 2”;
  • (ii) for “at the thus applicable time of notification” substitute “in accordance with the shorter notification period”;
  • (d) for paragraph 4 substitute—

(4) The fisheries authority for a United Kingdom port must keep a record of all prior notifications for a period of at least one year from the date of the notification.

  • (e) in paragraph 5—
  • (i) for “shall” in the first place it occurs, substitute “of bluefin tuna at United Kingdom designated ports must”;
  • (ii) for “relevant control authorities of the port Member State” substitute “fisheries authority for the port”;
  • (iii) for “shall” in the second place it occurs, substitute “must”;
  • (iv) for “involving quota, fleet size and fishing effort” substitute “specified in the relevant bluefin tuna fishing plan submitted by the Secretary of State to, and endorsed by, ICCAT prior to the start of the annual fishing season40”;
  • (v) omit the words from “Full details” to the end;
  • (f) in paragraph 6—
  • (i) omit “(EC) No”;
  • (ii) for “masters of a Union catching vessel” substitute “the master of an ICCAT authorised UK fishing boat”;
  • (iii) for “shall” substitute “must”;
  • (iv) for the words from “the competent” in the first place it occurs, to the end, substitute—

— (a) the boat’s fisheries authority or the fisheries authority for the port of landing, or (b) if the landing has taken place in a port of a contracting party, the boat’s fisheries authority and to the competent authority of the port State.

  • (g) for paragraph 7 substitute—

(7) The fisheries authority for a UK designated port must ensure that all catches of bluefin tuna landed at the port are weighed upon landing

  • (25) In Article 32 (transhipment)—
  • (a) in paragraph 1—
  • (i) for “Transhipment at sea of” substitute “It is prohibited for a UK fishing boat to tranship”;
  • (ii) before “Convention” insert “ICCAT”;
  • (iii) for “shall be prohibited in all circumstances” substitute “unless at a designated port”;
  • (b) omit paragraphs 2 and 3;
  • (c) after the omitted paragraph 3, insert—

(3A) It is prohibited for a UK fishing boat to tranship bluefin tuna at a designated port without the prior authorisation of the boat’s fisheries authority

  • (d) in paragraph 4—
  • (i) for “Prior to entry into any port” substitute “For any transhipment operations at a UK designated port or involving a UK fishing boat at a designated port outside of the UK”;
  • (ii) for “shall” substitute “must”;
  • (iii) for “48” substitute “72”;
  • (iv) for “competent authorities of the CPC” substitute “fisheries authority for the designated port or the competent authority of the contracting party”;
  • (v) for “following:” substitute “information required by the transhipment declaration set out in Annex 3.”;
  • (vi) omit points (a) to (e);
  • (e) omit paragraphs 5 and 6;
  • (f) in paragraph 7—
  • (i) for “shall” substitute “at a designated port in the United Kingdom must”;
  • (ii) for the words from “competent authorities” to “shall” substitute “fisheries authority for the port which must”;
  • (g) in paragraph 8—
  • (i) omit “(EC) No”;
  • (ii) for “masters of a Union fishing vessel shall” substitute “the master of a UK fishing boat which has transhipped any quantity of bluefin tuna must”;
  • (iii) for the words from “competent” to “flying” substitute “boat’s fisheries authority in the format specified in Annex 3 and within 5 days of the date of the transhipment”;
  • (iv) for the final sentence substitute “The master must link the transhipment declaration with the relevant electronic bluefin tuna catch document for the bluefin tuna in question.”.
  • (26) Omit Sections 4 (transfer operations) and 5 (caging operations).
  • (27) For Article 49 (vessel monitoring system) substitute—

Where an ICCAT authorised UK fishing boat is required under Article 9(2) of Regulation 1224/2009 to have installed on board a vessel monitoring system (“VMS”), in addition to any requirements specified in relation to the VMS of that boat under Regulation 1224/2009 the following requirements apply— (a) the boat must begin transmission of VMS data at least 5 days prior to the start of the season for which it is an ICCAT authorised fishing boat and continue such transmission until at least 5 days after the end of that season; (b) the boat must not interrupt transmission of VMS data when in port; (c) where the boat is a purse seiner, the frequency of transmission of VMS data must be at least once every hour.

  • (28) In Article 50 (national observer programme)—
  • (a) for paragraph 1 substitute—

(1) A fisheries authority which has one or more ICCAT authorised UK fishing boat in the fleet of UK fishing boats it has licensed must, jointly with any other fisheries authority that has such a fishing boat in its licensed fleet, establish a United Kingdom observer programme for ICCAT authorised UK fishing boats. Those authorities must jointly put in place the provisions necessary to ensure appropriate observer coverage is maintained across the fleet of ICCAT authorised UK fishing boats in any given fishing season having regard to minimum observer requirements specified by ICCAT

  • (b) omit paragraphs 2 to 6;
  • (c) after the omitted paragraph 6 insert—

(7) An ICCAT authorised UK fishing boat must, when requested by the boat’s fisheries authority in relation to a specific fishing trip, allow a UK observer on board for the duration of the trip. (8) Where a UK observer is on board a UK fishing boat, the master and crew must, so far as practicable taking into account the safety of the boat and its crew, provide reasonable assistance to the observer to enable the observer to carry out their duties. The master, owner or crew of a UK fishing boat must not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe a UK observer in relation to the performance of their duties. (9) In this Article “a UK observer” means an observer appointed by a fisheries authority for the purpose of monitoring the compliance of a UK fishing boat with the requirements of this Regulation.

  • (29) In Article 51 (ICCAT regional observer programme)—
  • (a) omit paragraph 1;
  • (b) for paragraphs 2 and 3 substitute—

(2) Where a fisheries authority has licensed an ICCAT authorised UK fishing boat and that boat is also a purse seiner, the fisheries authority must take steps to ensure that an ICCAT regional observer is present on board the boat for all fishing operations in the ICCAT Convention area. (3) An ICCAT authorised UK fishing boat which is also a purse seiner is prohibited from fishing in the ICCAT Convention area without an ICCAT regional observer on board.

  • (c) omit paragraphs 4 and 5;
  • (d) for paragraph 6 substitute—

(6) Where an ICCAT regional observer is on board a UK fishing boat, the master and crew must, so far as practicable taking into account the safety of the boat and its crew, provide reasonable assistance to the observer to enable the observer to carry out their duties. The master, owner or crew of a UK fishing boat must not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an ICCAT regional observer in relation to the performance of their duties. (7) In this Article “ICCAT regional observer” means an observer appointed by ICCAT under the terms of the ICCAT regional observer programme.

  • (30) For Article 52 (ICCAT Scheme of Joint International Inspection) substitute—

(1) Where an ICCAT authorised UK fishing boat is fishing for bluefin tuna in the ICCAT Convention area but outside British fishery limits, the boat may be inspected by an ICCAT inspection vessel. (2) Where an ICCAT inspection vessel requests an inspection under paragraph 1, the master of the UK fishing boat must, where it is safe to do so, comply with all reasonable requests of the ICCAT inspection vessel in order to facilitate an inspection of the boat. (3) Where an inspector from an ICCAT inspection vessel boards an ICCAT authorised UK fishing boat, the master and crew must, so far as practicable taking into account the safety of the boat and its crew, provide reasonable assistance to the inspector to enable the inspection. The master, owner or crew of an ICCAT authorised UK fishing boat must not obstruct, intimidate, interfere with, influence, bribe or attempt to bribe an inspector from an ICCAT inspection vessel in relation to the performance of their duties. (4) In this Article an “ICCAT inspection vessel” means a vessel designated by ICCAT as an inspection vessel under the ICCAT scheme of joint international inspection.

  • (31) Omit Articles 53 and 54.
  • (32) In Article 55 (cross-check)—
  • (a) in paragraph 1—
  • (i) for “Member State shall” substitute “fisheries authority must”;
  • (ii) for “VMS” substitute “vessel monitoring system”;
  • (iii) for “its fishing vessels” substitute “any ICCAT authorised UK fishing boat it has licensed”;
  • (iv) for “transfer or” substitute “as well as any”;
  • (v) for “BCDs” substitute “bluefin tuna catch documents”;
  • (vi) omit the words from “, in accordance” to the end;
  • (b) in paragraph 2—
  • (i) for “Member State shall” substitute “fisheries authority must”;
  • (ii) for “, transhipments or cagings” substitute “and transhipments of bluefin tuna at United Kingdom designated ports”;
  • (iii) omit “fishing vessels”;
  • (iv) omit “transfer or”;
  • (v) omit “or caging declaration”;
  • (vi) omit the words from “, in accordance” to the end.
  • (33) Omit Section 8 (marketing).
  • (34) After Chapter 5 (control measures) insert—

(1) A person who— (a) contravenes a restriction or prohibition in Article 3A(2) or (3), 16(3), 17, 50(8), 51(6) or 52(3); (b) fails to comply with an obligation in Article 25(1), 26(1) or (2), 31(1) or (2), 32(8), 50(8), 51(6) or 52(2) or (3), is guilty of an offence. (2) Where— (a) a UK boat is used for the commercial exploitation of bluefin tuna in contravention of Article 3A(1); (b) a fishing boat— (i) is used in contravention of a restriction in Article 3A(2), 5(1), 14(5) or (6), 16(2) or (3), 24(1), 30(4), 32(1) or (3A) or 51(3); (ii) fails to comply with an obligation in Article 16(1), 31(6), 32(4), 49 or 50(7), the master, the owner and the charterer (if any) are each guilty of an offence. (1) Where an offence under this Regulation is committed by a body corporate and it is proved that the offence— (a) was committed with the consent or connivance of a person falling within paragraph 2, or (b) is attributable to any neglect on the part of such a person, that person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. (2) The persons are— (a) a director, manager, secretary or similar officer of the body corporate; (b) any person purporting to act in such a capacity. (3) Where the affairs of a body corporate are managed by its members, paragraph 1 applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate. (4) Where an offence under this Regulation has been committed by a Scottish partnership and it is proved that the offence— (a) has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or (b) is attributable to any neglect on the part of such a person, that person (as well as the partnership) is guilty of an offence and liable to be proceeded against and punished accordingly. (1) A person who commits an offence under this Regulation is liable— (a) on summary conviction to a fine not exceeding the statutory maximum, or (b) on conviction on indictment, to a fine. (2) The court by or before which a person is convicted of an offence under this Regulation may order the forfeiture of any fish in respect of which the offence was committed and any fishing gear used in committing the offence. (3) Where the court does not order the forfeiture of fish under paragraph 2, the court may instead impose a fine on the person not exceeding the value of the fish in respect of which the offence was committed. Any fine to which a person is liable under this paragraph is in addition to any other penalty (whether pecuniary or otherwise) to which the person is liable in respect of that offence under this Regulation or under any other enactment. (4) In paragraph 3 ‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018. (1) A British sea-fishery officer may seize any fish in respect of which an offence has been committed under this Regulation where the fish are on the fishing boat on which the offence has been or is being committed or are in the ownership or custody of, or under the control of, the owner, the master or the charterer (if any) of the fishing boat. (2) For the purpose of enforcing the provisions of this Regulation, section 8 of the Sea Fisheries Act 196841 (general powers of British sea-fishery officers) has effect as it has effect in relation to the provisions mentioned in subsection (1) of that section. (3) A marine enforcement officer has an enforcement function in relation to any offence or suspected offence by any person under this Regulation. (4) Section 238 of the Marine and Coastal Access Act 200942 (enforcement of the fisheries legislation) applies in relation to the enforcement function conferred by paragraph 3 as it applies in relation to the enforcement of “the fisheries legislation” (as defined in that section). (5) In this Article— - ‘British sea-fishery officer’ means any person who by virtue of section 7 of the Sea Fisheries Act 196843 is a British sea-fishery officer; - ‘marine enforcement officer’ has the same meaning as in section 235(1) of the Marine and Coastal Access Act 2009.

  • (35) Omit Chapter 6 (final provisions).
  • (36) Omit Annex 1 (specific conditions applicable to the fisheries referred to in Article 14(2)).
  • (37) In Annex 2 (logbook)—
  • (a) in Part A (catching vessels), omit the section titled “Minimum information for fishing logbooks in case of transfer into cages”;
  • (b) omit Parts B, C and D.
  • (38) Omit Annexes 4 (ICCAT transfer declaration) and 5 (catch report form).
  • (39) In Annex 6 (joint fishing operation), in the form, for “CPC” substitute “UK”.
  • (40) Omit—
  • (a) Annex 7 (ICCAT regional observer programme),
  • (b) Annex 8 (ICCAT scheme of joint international inspection),
  • (c) Annex 9 (minimum standards for video recording procedures),
  • (d) Annex 10 (standards and procedures for the programmes and reporting obligations referred to in Article 46(2) to (7) and Article 47(1)),
  • (e) Annex 11 (release protocol),
  • (f) Annex 12 (treatment of dead fish), and
  • (g) Annex 13 (correlation table).

Amendment of Regulation 2019/1154

7

  • (1) Regulation (EU) 2019/1154 of the European Parliament and of the Council on a multiannual recovery plan for Mediterranean swordfish44 is amended as follows.
  • (2) Omit Articles 1 to 36.
  • (3) Omit Articles 38 and 39 and the Annexes.

Amendment of Regulation 2019/1241

8

  • (1) 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 measures45 is amended as follows.
  • (2) In Annex 4 (measurement of the size of a marine organism)—
  • (a) after paragraph 9 insert—

(10) The size of bluefin tuna (Thunnus thynnus) is measured as the projected straight distance between the tip of the snout and the fork of the tail fin (“fork length”) as shown in Figure 10 and labelled as “FL”.

  • (b) after Figure 9 (swordfish) insert the text and image (Figure 10 Bluefin tuna) contained in the Schedule to these Regulations.
  • (3) In Annex 5 (north sea) in Part A (minimum conservation reference sizes), at the end of the table insert the following row—
(e) For extensions to and exemptions from the minimum conservation reference size (including derogations from Article 15 of Regulation (EU) No 1380/2013 (EUR 2013/1380)), see Article 14 of 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 Regulation (EUR 2016/1627). (e) For extensions to and exemptions from the minimum conservation reference size (including derogations from Article 15 of Regulation (EU) No 1380/2013 (EUR 2013/1380)), see Article 14 of 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 Regulation (EUR 2016/1627).
Bluefin tuna (Thunnus thynnus) 115 cm or 30 kg [^f01000]
  • (4) In Annex 6 (north western waters) in Part A (minimum conservation reference sizes), at the end of the table insert the following row—
(g) For extensions to and exemptions from the minimum conservation reference size (including derogations from Article 15 of Regulation (EU) No 1380/2013 (EUR 2013/1380)), see Article 14 of 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 Regulation (EUR 2016/1627). (g) For extensions to and exemptions from the minimum conservation reference size (including derogations from Article 15 of Regulation (EU) No 1380/2013 (EUR 2013/1380)), see Article 14 of 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 Regulation (EUR 2016/1627).
Bluefin tuna (Thunnus thynnus) 115 cm or 30 kg [^f01001]
  • (5) In Annex 7 (south western waters) in Part A (minimum conservation reference sizes), at the end of the table insert the following row—
(h) For extensions to and exemptions from the minimum conservation reference size (including derogations from Article 15 of Regulation (EU) No 1380/2013 (EUR 2013/1380)), see Article 14 of 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 Regulation (EUR 2016/1627). (h) For extensions to and exemptions from the minimum conservation reference size (including derogations from Article 15 of Regulation (EU) No 1380/2013 (EUR 2013/1380)), see Article 14 of 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 Regulation (EUR 2016/1627).
Bluefin tuna (Thunnus thynnus) 115 cm or 30 kg [^f01002]

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 201946 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.
  • (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

1

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”.

2

See section 52 for the definition of “the Northern Ireland department”.

3

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.

4

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.

5

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.

6

“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.

7

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.

8

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

9

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).

10

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.

12

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).

14

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.

15

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.

16

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

17

The Commission was established by the International Convention for the Conservation of Atlantic Tunas.

18

The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009.

20

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).

22

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.

23
26

The Marine Management Organisation was established by section 1 of the Marine and Coastal Access Act 2009.

28

The Commission was established by the International Convention for the Conservation of Atlantic Tunas.

29

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

30

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.

33

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

34

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.

35

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.

36

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

37

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.

39

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.

40

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.

41

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).

43

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.

46

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.

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