Fisheries Act 2020

(3) For the purposes of this section a matter is an “international marine matter” if— (a) it relates to an area outside the UK marine area, and (b) the MMO has power under subsection (1)(a) to publish documents or provide information about a corresponding matter that relates to the UK marine area or an area within it. (4) References in this section to the functions of the MMO are to functions exercisable by or on behalf of the MMO (including functions that the MMO performs under an agreement under section 14, and functions that any other body performs under an agreement under section 15).

5

In section 27 (power to charge for services), in subsection (3)—

• (a) in paragraph (b), after “24(2)” insert “ or (2B) ”;

• (b) in paragraph (c), for “or (4)” substitute “, (3A), (4) or (5)”.

PART 2 — Powers relating to the exploitation of sea fisheries resources

6

The Marine and Coastal Access Act 2009 is amended in accordance with paragraphs 7 to 31.

7

In the heading of Chapter 1 of Part 5, after “marine conservation zones” insert “ and management of sea fisheries ”.

8

• (1) Section 117 (grounds for designation of MCZs) is amended as follows.

• (2) In subsection (4), for “The reference in subsection (1)(a)” substitute “ Any reference in this Chapter ”.

• (3) In subsection (5), for “The references in subsection (1)(a) and (b)” substitute “ Any reference in this Chapter ”.

• (4) In subsection (6), after “Any reference” insert “ in this Chapter ”.

9

In the italic heading before section 129, for “protection of MCZs etc: England” substitute “ marine conservation: England and the English offshore region ”.

10

In section 129 (byelaws for protections of MCZs in England), in subsection (7), for “subject to specified exceptions” substitute—

(a) subject to specified exceptions or conditions; (b) so as to cease to have effect after a specified period.

11

After section 129 insert—

(129A) (1) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in England for the purposes of conserving— (a) marine flora or fauna, or (b) marine habitats or types of marine habitat. (2) A byelaw under this section may be made so as to apply to any area in England. (3) A byelaw under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the byelaw is made. (4) The provision that may be made by a byelaw under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of— (a) a right of several fishery; (b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage. (5) But the MMO may make a byelaw that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents. (6) Subsection (5) does not apply in relation to the exercise of such a right in relation to— (a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981, (b) a national nature reserve declared in accordance with section 35 of that Act, (c) a Ramsar site, within the meaning of section 37A of that Act, (d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or (e) an MCZ. (7) See also section 129C (supplementary). (129B) (1) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in the English offshore region for the purposes of conserving— (a) marine flora or fauna, (b) marine habitats or types of marine habitat, or (c) features of geological or geomorphological interest. (2) A byelaw under this section may be made so as to apply to any area in the English offshore region. (3) A byelaw under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made. (4) See also section 129C (supplementary). (129C) (1) The provision that may be made by a byelaw under section 129A or 129B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4). (2) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including— (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods; (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period; (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period. (3) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the MMO, including— (a) provision for the charging of fees for permits; (b) provision enabling conditions to be attached to a permit; (c) provision enabling the MMO to limit the number of permits issued by it. (4) Head 3 is— (a) provision prohibiting or restricting the use of vessels of specified descriptions; (b) provision prohibiting or restricting any method of exploiting sea fisheries resources; (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources; (d) provision for determining whether such items are items of a specified description. (5) A byelaw under section 129A or 129B may be made— (a) subject to specified exceptions or conditions; (b) so as to cease to have effect after a specified period. (6) A byelaw under section 129A or 129B may make different provision for different cases, including in particular— (a) different times of the year, (b) different means or methods of carrying out an activity, and (c) different descriptions of sea fisheries resources. (7) In this section “specified” means specified in the byelaw.

12

• (1) Section 130 (byelaws: procedure) is amended as follows.

• (2) In subsection (1) after “129” insert “ , 129A or 129B ”.

• (3) In subsection (2), after “the byelaw” insert “ is made under section 129 or 129A and ”.

• (4) After subsection (2) insert—

(2A) If the byelaw is made under section 129B and— (a) the byelaw would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, the MMO must send a copy of a draft of the byelaw to the Welsh Ministers; (b) the byelaw would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, the MMO must send a copy of a draft of the byelaw to the Scottish Ministers; (c) the byelaw would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, the MMO must send a copy of a draft of the byelaw to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

• (5) In subsections (8) and (9), after “129” insert “ , 129A or 129B ”.

• (6) In subsection (11), for the words from “where” to the end substitute “ in relation to a byelaw made by virtue of section 131 (emergency byelaws) ”.

13

• (1) Section 131 (emergency byelaws) is amended as follows.

• (2) In subsection (1), after “that purpose” insert “ under section 129 ”.

• (3) After subsection (1) insert—

(1A) Where the MMO thinks that there is an urgent need to protect the English offshore region, a byelaw made by it under section 129B for that purpose has effect without being confirmed by the Secretary of State.

• (4) In subsection (8)(a), after “MCZ” insert “ , or under section 129B in respect of the English offshore region, ”.

14

• (1) Section 132 (interim byelaws) is amended as follows.

• (2) After subsection (1) insert—

(1A) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in the English offshore region for the purpose of protecting any feature in an area in that region if the MMO thinks— (a) that there are or may be reasons for the Secretary of State to consider whether to designate the area as an MCZ, and (b) that there is an urgent need to protect the feature.

• (3) In subsection (2), after “subsection (1)” insert “ or (1A) ”.

• (4) In subsection (4), for “an interim byelaw” substitute “ a byelaw made under subsection (1) ”.

• (5) After subsection (4) insert—

(4A) Section 129C applies to a byelaw made under subsection (1A) as it applies to a byelaw made under section 129A or 129B.

15

• (1) Section 133 (further provision) is amended as follows.

• (2) In subsection (1) for “or 132” substitute “ , 129A, 129B or 132(1) or (1A) ”.

• (3) In subsection (3), after “applies” insert “ is made under section 129, 129A or 132(1) and ”.

• (4) After subsection (3) insert —

(3A) If the byelaw is made under section 129B or 132(1A) and— (a) the byelaw will or may affect the exploitation of sea fisheries resources in the Welsh offshore region, the MMO must send a copy of the byelaw to the Welsh Ministers; (b) the byelaw will or may affect the exploitation of sea fisheries resources in the Scottish offshore region, the MMO must send a copy of the byelaw to the Scottish Ministers; (c) the byelaw will or may affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, the MMO must send a copy of the byelaw to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

• (5) In subsection (6) after “129” insert “ or 129A ”.

• (6) After subsection (6) insert—

(6A) In the case of a byelaw made under section 129B in accordance with section 130, subsection (3A) applies only after the byelaw has been confirmed under section 130(8).

16

In the italic heading before section 134, for “protection of MCZs etc: Wales” substitute “ marine conservation: Wales and the Welsh offshore region ”.

17

After section 134 insert—

(134A) (1) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in Wales for the purposes of conserving— (a) marine flora or fauna, or (b) marine habitats or types of marine habitat. (2) An order under this section may be made so as to apply to any area in Wales. (3) An order under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the order is made. (4) The provision that may be made by an order under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of— (a) a right of several fishery; (b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage. (5) But the Welsh Ministers may make an order that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents. (6) Subsection (5) does not apply in relation to the exercise of such a right in relation to— (a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981, (b) a national nature reserve declared in accordance with section 35 of that Act, (c) a Ramsar site, within the meaning of section 37A of that Act, (d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or (e) an MCZ. (7) See also section 134C (supplementary). (134B) (1) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Welsh offshore region for the purposes of conserving— (a) marine flora or fauna, (b) marine habitats or types of marine habitat, or (c) features of geological or geomorphological interest. (2) An order under this section may be made so as to apply to any area in the Welsh offshore region. (3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made. (4) See also section 134C (supplementary). (134C) (1) The provision that may be made by an order under section 134A or 134B includes, in particular, provision falling within any of the Heads set out in subsections (2) to (4). (2) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including— (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods; (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period; (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period. (3) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Welsh Ministers, including— (a) provision for the charging of fees for permits; (b) provision enabling conditions to be attached to a permit; (c) provision enabling the Welsh Ministers to limit the number of permits issued by them. (4) Head 3 is— (a) provision prohibiting or restricting the use of vessels of specified descriptions; (b) provision prohibiting or restricting any method of exploiting sea fisheries resources; (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources; (d) provision for determining whether such items are items of a specified description. (5) An order under section 134A or 134B may be made— (a) subject to specified exceptions or conditions; (b) so as to cease to have effect after a specified period. (6) An order under section 134A or 134B may make different provision for different cases, including in particular— (a) different times of the year, (b) different means or methods of carrying out an activity, and (c) different descriptions of sea fisheries resources. (7) In this section “specified” means specified in the order.

18

• (1) Section 135 (consultation) is amended as follows.

• (2) In the heading, after “134” insert “ , 134A or 134B ”.

• (3) In subsection (1), after “section 134” insert “ or 134A ”.

• (4) After subsection (1) insert—

(1A) Before making an order under section 134B the Welsh Ministers must— (a) consult the Secretary of State, (b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO, (c) if the order would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, consult the Scottish Ministers, (d) if the order would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, consult the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and (e) consult any other person whom they think fit to consult.

• (5) In subsection (2), after “134” insert “ , 134A or 134B ”.

• (6) In subsection (4)—

• (a) for “in order to protect an MCZ” substitute “ , 134A or 134B ”;

• (b) for paragraph (a) substitute—

(a) subsections (1) and (1A) do not apply in relation to the making of that order, and

.

19

• (1) Section 136 (interim orders) is amended as follows.

• (2) After subsection (1) insert—

(1A) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Welsh offshore region for the purpose of protecting any feature in an area in that region if they think— (a) that there are or may be reasons to consider whether to designate the area as an MCZ, and (b) that there is an urgent need to protect the feature.

• (3) In subsection (2), after “subsection (1)” insert “ or (1A) ”.

• (4) In subsection (4), for “an interim order” substitute “ an order made under subsection (1) ”.

• (5) After subsection (4) insert—

(4A) Section 134C applies to an order made under subsection (1A) as it applies to an order made under section 134A or 134B.

20

• (1) Section 137 (further provision) is amended as follows.

• (2) In the heading, after “134” insert “ 134A, 134B ”.

• (3) In subsection (1), for “or 136” substitute “ , 134A, 134B or 136(1) or (1A) ”.

• (4) In subsection (2), at the end insert “ and (in the case of an order under section 134B) to any person consulted under section 135(1A) ”.

21

After section 137 insert—

(137A) (1) The Scottish Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Scottish offshore region for the purposes of conserving— (a) marine flora or fauna, (b) marine habitats or types of marine habitat, or (c) features of geological or geomorphological interest. (2) An order under this section may be made so as to apply to any area in the Scottish offshore region. (3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made. (4) The provision that may be made by an order under this section includes, in particular, provision falling within any of the Heads set out in subsections (5) to (7). (5) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including— (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods; (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period; (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period. (6) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Scottish Ministers, including— (a) provision for the charging of fees for permits; (b) provision enabling conditions to be attached to a permit; (c) provision enabling the Scottish Ministers to limit the number of permits issued by it. (7) Head 3 is— (a) provision prohibiting or restricting the use of vessels of specified descriptions; (b) provision prohibiting or restricting any method of exploiting sea fisheries resources; (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources; (d) provision for determining whether such items are items of a specified description. (8) An order under this section may be made— (a) subject to specified exceptions or conditions; (b) so as to cease to have effect after a specified period. (9) An order under this section may make different provision for different cases, including in particular— (a) different times of the year, (b) different means or methods of carrying out an activity, and (c) different descriptions of sea fisheries resources. (10) In this section “specified” means specified in the order. (11) An order under this section that contains provision for the charging of fees for permits (including provision changing the level of fees) is subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)). (12) Any other order under this section is subject to the negative procedure (see that Part of that Act). (137B) (1) Before making an order under section 137A the Scottish Ministers must— (a) consult the Secretary of State, (b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO, (c) if the order would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, consult the Welsh Ministers, (d) if the order would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, consult the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and (e) consult any other person whom they think fit to consult. (2) The Scottish Ministers must publish notice of the making of an order under section 137A. (3) The notice under subsection (2) must— (a) be published in such manner as the Scottish Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it; (b) give an address at which a copy of the order may be inspected. (4) Where the Scottish Ministers think that there is an urgent need to make an order under section 137A to protect the Scottish offshore region— (a) subsection (1) does not apply, and (b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Scottish Ministers. (5) Where in reliance on subsection (4)(a) the Scottish Ministers do not comply with subsection (1) before making an order under section 137A, that order— (a) comes into force on a date specified in the order, and (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order. (6) The Scottish Ministers may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 12 months. (137C) (1) The Scottish Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Scottish offshore region for the purpose of protecting any feature in any area in that region if they think— (a) that there are or may be reasons to consider whether to designate the area as an MCZ, and (b) that there is an urgent need to protect the feature. (2) An interim order under this section must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question). (3) Subsections (4) to (10) of section 137A apply to an interim order under this section. (4) An interim order under this section— (a) comes into force on a date specified in the order, and (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order. (5) The Scottish Ministers must publish notice of the making of an interim order under this section. (6) The notice under subsection (5) must— (a) be published in such manner as the Scottish Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it; (b) give an address at which a copy of the order may be inspected; (c) state that any person affected by the making of the order may make representations to the Scottish Ministers. (7) The Scottish Ministers must keep under review the need for an interim order under this section to remain in force. (8) The Scottish Ministers may by further order extend the period for which an interim order remains in force. (9) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ. (10) An order under this section is subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)). (137D) (1) This section applies to any order made under section 137A or 137C. (2) The Scottish Ministers must send a copy of any order to which this section applies to the Secretary of State and to any person consulted under section 137B(2). (3) The Scottish Ministers must— (a) make a copy of any order to which this section applies available for inspection at such place as they think fit for that purpose at all reasonable hours without payment; (b) provide a copy of any such order to any person who requests one. (4) An order to which this section applies may be amended or revoked by a further order. (137E) (1) The Department may make one or more orders relating to the exploitation of sea fisheries resources in the Northern Ireland offshore region for the purposes of conserving— (a) marine flora or fauna, (b) marine habitats or types of marine habitat, or (c) features of geological or geomorphological interest. (2) An order under this section may be made so as to apply to any area in the Northern Ireland offshore region. (3) An order under this section must specify the flora or fauna, habitat or type of habitat or features for the conservation of which it is made. (4) The provision that may be made by an order under this section includes, in particular, provision falling within any of the Heads set out in subsections (5) to (7). (5) Head 1 is provision prohibiting or restricting the exploitation of sea fisheries resources, including— (a) provision prohibiting or restricting such exploitation in specified areas or during specified periods; (b) provision limiting the amount of sea fisheries resources a person or vessel may take in a specified period; (c) provision limiting the amount of time a person or vessel may spend fishing for or taking sea fisheries resources in a specified period. (6) Head 2 is provision prohibiting or restricting the exploitation of sea fisheries resources without a permit issued by the Department, including— (a) provision for the charging of fees for permits; (b) provision enabling conditions to be attached to a permit; (c) provision enabling the Department to limit the number of permits issued by it. (7) Head 3 is— (a) provision prohibiting or restricting the use of vessels of specified descriptions; (b) provision prohibiting or restricting any method of exploiting sea fisheries resources; (c) provision prohibiting or restricting the possession, use, retention on board, storage or transportation of specified items, or items of a specified description, that are used in the exploitation of sea fisheries resources; (d) provision for determining whether such items are items of a specified description. (8) An order under this section may be made— (a) subject to specified exceptions or conditions; (b) so as to cease to have effect after a specified period. (9) An order under this section may make different provision for different cases, including in particular— (a) different times of the year, (b) different means or methods of carrying out an activity, and (c) different descriptions of sea fisheries resources. (10) In this section “specified” means specified in the order. (11) In this section, and in sections 137F to 137H, “the Department” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. (137F) (1) Before making an order under section 137E the Department must— (a) consult the Secretary of State, (b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO, (c) if the order would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, consult the Scottish Ministers, (d) if the order would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, consult the Welsh Ministers, and (e) consult any other person whom they think fit to consult. (2) The Department must publish notice of the making of an order under section 137E. (3) The notice under subsection (2) must— (a) be published in such manner as the Department think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it; (b) give an address at which a copy of the order may be inspected. (4) Where the Department think that there is an urgent need to make an order under section 137E to protect the Northern Ireland offshore region— (a) subsection (1) does not apply, (b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Department. (5) Where in reliance on subsection (4)(a) the Department does not comply with subsection (1) before making an order under section 137A, that order— (a) comes into force on a date specified in the order, and (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order. (6) The Department may by further order extend the period for which an order to which subsection (5) applies is in force for a period not exceeding 6 months.” (137G) (1) The Department may make one or more orders relating to the exploitation of sea fisheries resources in the Northern Ireland offshore region for the purpose of protecting any feature in any area in that region if the Department thinks— (a) that the appropriate authority should consider whether to designate the area as an MCZ, and (b) that there is an urgent need to protect the feature. (2) An interim order under this section must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question). (3) Subsections (4) to (10) of section 137E apply to an interim order under this section. (4) An interim order under this section— (a) comes into force on a date specified in the order, and (b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order. (5) The Department may by further order extend the period for which the interim order is in force for a period not exceeding 6 months. (6) The Department must publish notice of the making of an interim order under this section. (7) The notice under subsection (6) must— (a) be published in such manner as the Department think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it; (b) give an address at which a copy of the order may be inspected; (c) state that any person affected by the making of the order may make representations to the Department. (8) The Department must keep under review the need for an interim order under this section to remain in force. (9) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ. (137H) (1) This section applies to any order made under section 137E or 137G. (2) The Department must send a copy of any order to which this section applies to the Secretary of State and to any person consulted under section 137F(2). (3) The Department must— (a) make a copy of any order to which this section applies available for inspection at such place as the Department thinks fit for that purpose at all reasonable hours without payment; (b) provide a copy of any such order to any person who requests one.

22

• (1) Section 138 (hearings) is amended as follows.

• (2) In the heading, omit “by Secretary of State or Welsh Ministers”.

• (3) In subsection (1)(a) for “section 129” substitute “ this Chapter ”.

• (4) In subsection (2)—

• (a) in paragraph (a), after “134” insert “ , 134A or 134B ”;

• (b) in paragraph (b), after “136(1)” insert “ or (1A) ”.

• (5) After subsection (2) insert—

(2A) This section also applies where the Scottish Ministers have the function of— (a) deciding whether to make an order under section 137A; (b) deciding whether to make an order under section 137C. (2B) This section also applies where the Department of Agriculture, Environment and Rural Affairs in Northern Ireland has the function of — (a) deciding whether to make an order under section 137E; (b) deciding whether to make an order under section 137G.

• (6) In subsections (3), (4) and (5), after “Welsh Ministers” insert “ , the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland ”.

23

• (1) Section 139 (offences) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), for “or 132(1)” substitute “ , 129A, 129B or 132(1) or (1A) ”;

• (b) in paragraph (b), for “or 136(1)” substitute “ , 134A, 134B, 136(1) or (1A), 137A, 137C, 137E or 137G ”.

• (3) For subsection (2) substitute—

(2) A person who is guilty of an offence under this section in respect of a contravention of— (a) a byelaw made under section 129 or 129A, (b) a byelaw made under section 132(1), (c) an order made under section 134 or 134A, or (d) an order made under section 136(1), is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (2A) A person who is guilty of an offence under this section in respect of a contravention of a byelaw or order not specified in subsection (2) is liable— (a) on conviction on indictment, to a fine, or (b) on summary conviction, to a fine (in Scotland or Northern Ireland, not exceeding the statutory maximum).

• (4) In subsection (4), for “England and Wales” substitute “ the United Kingdom ”.

24

In section 141 (exceptions), in subsection (1)(c)(i), for “or 134(4)” substitute “ 129C(3), 134(4), 134C(3), 137A(6) or 137E(6) ”.

25

In section 142 (fixed monetary penalties), in subsection (1), omit “(other than the Scottish offshore region)”.

26

• (1) Section 147 (interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) in the definition of “interim byelaw” after “132(1)” insert “ or (1A) ”;

• (b) in the definition of “interim order”, after “136(1)” insert “ or (1A) ”;

• (c) after the definition of “sea” insert—

“sea fisheries resources” has the same meaning as in Chapter 1 of Part 6, and references to the exploitation of sea fisheries resources are to be read in accordance with section 153(12);

.

• (3) After subsection (2) insert—

(3) For provision about the meaning of references to “conserving” a thing, see subsections (4) to (6) of section 117.

27

In section 166 (powers of IFC officers), in subsection (1)(e), after “129” insert “ , 129A, 129B ”.

28

In section 189 (power of Welsh Ministers in relation to fisheries in Wales)—

• (a) in subsection (1), for “Subject to subsection (2), the” substitute “ The ”;

• (b) omit subsection (2).

29

• (1) Section 237 (enforcement of nature conservation legislation) is amended as follows.

• (2) In the heading, after “conservation” insert “ or fisheries exploitation ”.

• (3) In subsection (1), after “legislation” insert “ or the fisheries exploitation legislation ”.

• (4) In subsection (2)—

• (a) in paragraph (f), for “132” substitute “ 132(1) ”;

• (b) in paragraph (g), for “136” substitute “ 136(1) ”.

• (5) After subsection (2) insert—

(2A) In this section “the fisheries exploitation legislation” means— (a) any byelaws made under section 129A, 129B or 132(1A) of this Act; (b) any orders made under section 134A, 134B, 136(1A), 137A, 137C, 137E or 137G of this Act.

• (6) In subsection (3), after “legislation” insert “ or the fisheries exploitation legislation ”.

• (7) In subsection (8), after “legislation” insert “ or the fisheries exploitation legislation ”.

• (8) After subsection (9) insert—

(9A) The powers which a marine enforcement officer has for the purposes of enforcing the fisheries exploitation legislation may not be exercised in relation to a vessel falling within paragraph (b) or (c) of subsection (10) unless the Commissioners have given authority to exercise those powers.

• (9) In subsection (11), after “(9)(b)” insert “ or (9A) ”.

• (10) After subsection (13) insert—

(14) Where the fisheries exploitation legislation consists of an order made under section 137A or 137C of this Act (orders relating to Scottish offshore region), this section applies as if— (a) references to a marine enforcement officer included a person appointed as such by the Scottish Ministers, (b) for the purposes of subsection (3)(a), the relevant enforcement area were Scotland, the Scottish inshore region and the Scottish offshore region, and (c) subsections (3)(c) and (d) and (4) to (6) were omitted. (15) Where the fisheries exploitation legislation consists of an order made under section 137E or 137G of this Act (orders relating to Northern Ireland offshore region), this section applies as if— (a) references to a marine enforcement officer included a person appointed as such by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, (b) for the purposes of subsection (3)(a), the relevant enforcement area were Northern Ireland, the Northern Ireland inshore region and the Northern Ireland offshore region, and (c) subsections (3)(c) and (d) and (4) to (6) were omitted.

30

In section 238(3), after paragraph (d) insert—

(da) any byelaws made under section 129A, 129B or 132(1A); (db) any orders made under section 134A, 134B, 136(1A), 137A, 137C, 137E or 137G;

.

31

• (1) Section 316 (regulations and orders) is amended as follows.

• (2) In subsection (4)(a)—

• (a) for “137” substitute “ 137G ”;

• (b) after “MCZs” insert “ etc ”.

• (3) In subsection (6), before paragraph (a) insert—

(za) any order under section 137E that contains provision for the charging of fees for permits (including provision changing the levels of fees),

.

32

• (1) In the Water Resources Act 1991, in Schedule 25, paragraph 5(4) (byelaws for flood defence and drainage purposes) is amended as follows.

• (2) In paragraph (b)—

• (a) for “or 132” substitute “ , 129A, 129B or 132(1) or (1A) ”;

• (b) for “protecting marine conservation zones” substitute “ marine conservation ”.

• (3) In paragraph (c)—

• (a) for “or 136” insert “ , 134A, 134B or 136(1) or (1A) ”;

• (b) for “protecting marine conservation zones” substitute “ marine conservation ”.

SCHEDULE 11

Introduction

1

In this Schedule—

• (a) paragraphs 2 to 13 make amendments of retained direct EU legislation (as amended by regulations made under section 8(1) of the European Union (Withdrawal) Act 2018),

• (b) paragraph 15 makes transitional provision, and

• (c) paragraph 16 makes consequential amendments.

Common Fisheries Policy Regulation

2

• (1) The Common Fisheries Policy Regulation is amended as follows.

• (2) Article 2 (objectives) is revoked.

• (3) In Article 4 (definitions), in paragraph 1, at the end insert—

(46) ‘the fisheries objectives’ has the meaning given by section 1(1) of the Fisheries Act 2020.

• (4) Article 5 (right of equal access for EU fishing vessels to waters of member States) is revoked.

• (5) Article 9 (principles and objectives of multiannual plans) is revoked.

• (6) Article 10 (content of multiannual plans) is revoked.

• (7) Article 16 (distribution of fishing opportunities by the Council to member States) is revoked.

• (8) Article 17 (criteria for the allocation of fishing opportunities by member States) is revoked.

• (9) In Article 28 (external relations)—

• (a) in paragraph 1—

• (i) for “a fisheries administration” substitute “ the Secretary of State ”;

• (ii) omit “objectives and”;

• (iii) for “Articles 2 and 3” substitute “ Article 3 ”;

• (b) in paragraph 2, for “In particular, a fisheries” substitute “ A fisheries ”.

• (10) In Article 29 (United Kingdom activities in international fisheries organisations) for paragraph 2 substitute—

(2) The Secretary of State must take such steps as the Secretary of State considers appropriate for the purpose of supporting the improvement of the performance of RFMOs in relation to the conservation and management of marine living resources.

• (11) In Article 33 (management of stocks of common interest), in paragraph 1—

• (a) for “a fisheries administration”, in both places it occurs, substitute “ the Secretary of State ”;

• (b) omit the words from “, and in” to “Article 2(2)”;

• (c) omit the words from “, in particular, concerning” to the end.

• (12) In Article 35 (organisation of the markets), in paragraph 1, in point (a), for the words from “objectives” to the end substitute “ fisheries objectives ”.

• (13) Annex I (right of equal access for EU fishing vessels to waters of member States) is revoked.

Regulation (EU) No 1379/2013

3

In Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products, in Article 41 (exceptions to the application of competition rules), in paragraph 2(f), for “objectives specified in Article 2 of Regulation 1380/2013” substitute “ fisheries objectives ”.

Commission Delegated Regulation (EU) No 1393/2014

4

• (1) Commission Delegated Regulation (EU) No 1393/2014 establishing a discard plan for certain pelagic fisheries in north-western waters is amended as follows.

• (2) In Article 1 (subject matter)—

• (a) the existing text becomes paragraph 1;

• (b) in that paragraph, for the words from “in the north-western” to “that Regulation” substitute “ and applies to waters within ICES subarea 5B that are within United Kingdom waters and to waters within ICES subareas 6 and 7 that are not within Union waters ”;

• (c) after that paragraph insert—

(2) In paragraph 1, “United Kingdom waters” and “Union waters” have the meaning they have in Regulation (EU) No 1380/2013.

• (3) In Article 2 (survivability exemption), in paragraph 6 for “and 2020” substitute “ , 2020 and 2021 ”.

• (4) In Article 3a (de minimis exemptions in the years 2018, 2019 and 2020)—

• (a) in the heading, for “and 2020” substitute “ , 2020 and 2021 ”;

• (b) in points (a), (b) and (c), for “and 2020” substitute “ , 2020 and 2021 ”.

• (5) For Article 5 (entry into force) substitute—

This regulation ceases to have effect at the end of 31 December 2021.

Commission Delegated Regulation (EU) No 1395/2014

5

• (1) Commission Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea is amended as follows.

• (2) In Article 1 (subject matter)—

• (a) the existing text becomes paragraph 1;

• (b) in that paragraph, for the words from “in the North” to “that Regulation” substitute “ and applies to waters within ICES division 2a and subarea 4 that are within United Kingdom waters ”;

• (c) after that paragraph insert—

(2) In paragraph 1, “United Kingdom waters” has the meaning it has in Regulation (EU) No 1380/2013.

• (3) In Article 3a (de minimis exemption in the years 2018, 2019 and 2020)—

• (a) in the heading, for “and 2020” substitute “ , 2020 and 2021 ”;

• (b) in the body, for “and 2020” substitute “ , 2020 and 2021 ”.

• (4) Article 4a (Danish North Sea coast) is revoked.

• (5) For Article 5 (application) substitute—

This regulation ceases to have effect at the end of 31 December 2021.

Regulation (EU) 2016/2336

6

In Regulation (EU) 2016/2336 of the European Parliament and of the Council establishing specific conditions for fishing for deep sea stocks in the north-east Atlantic and provisions for fishing in international waters of the north-east Atlantic, in Article 1 (objectives), in paragraph 1, for “objectives listed in Article 2 of Regulation (EU) No 1380/2013” substitute “ fisheries objectives ”.

Regulation (EU) 2017/1004

7

• (1) Regulation (EU) 2017/1004 of the European Parliament and of the Council on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy is amended as follows.

• (2) In Article 1 (subject matter and scope), in paragraph 1—

• (a) for the words from “With” to “this” substitute “ This ”;

• (b) at the end insert “ with a view to contributing to the achievement of the fisheries objectives ”.

• (3) In Article 5 (content and criteria for multiannual programmes)—

• (a) in paragraph 1, in point (a), for the words from “requirements” to the end substitute—

to be collected for the purpose of contributing to the achievement of— (i) the objectives set out in Article 25 of EU Regulation 1380/2013, and (ii) the fisheries objectives

;

• (b) in paragraph 4, in point (a), for the words from “reaching” to the end substitute “ contributing to the achievement of the fisheries objectives ”;

• (c) in paragraph 5, in point (a), for the words from “reaching” to the end substitute “ contributing to the achievement of the fisheries objectives ”.

Regulation (EU) 2017/2403

8

Regulation (EU) 2017/2403 of the European Parliament and of the Council on the sustainable management of external fishing fleets is revoked.

Regulation (EU) 2018/973

9

• (1) Regulation (EU) 2018/973 of the European Parliament and of the Council establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea is amended as follows.

• (2) In Article 1 (subject-matter and scope), in paragraph 1—

• (a) omit points (f), (i) and (j);

• (b) in point (k) omit the seventh and eighth indents.

• (3) In Article 3 (objectives)—

• (a) in paragraph 1—

• (i) for the words from “objectives listed” to “1380/2013” substitute “ fisheries objectives ”;

• (ii) for the words from “, and shall” to the end substitute “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

• (b) in paragraph 3—

• (i) after “fisheries management” insert “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

• (ii) for the words from “. It shall” to the end substitute “ and, where possible, reversed ”.

• (4) In Article 4 (targets)—

• (a) in paragraph 1, omit “by 2020”;

• (b) in paragraph 2—

• (i) for “A fisheries administration” substitute “ The Secretary of State ”;

• (ii) after “ICES” insert “ , or a similar independent scientific body recognised at international level, ”;

• (c) in paragraph 6—

• (i) for “Fishing” substitute “ Where the spawning stock biomass is above Blim, fishing ”;

• (ii) omit “in any event”;

• (iii) for “the spawning stock biomass” substitute “ it ”;

• (d) after paragraph 6 insert—

(7) The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 (power of Secretary of State to determine fishing opportunities) otherwise than in accordance with paragraphs 3 to 6. (8) If the Secretary of State makes a determination in reliance on paragraph 7 the Secretary of State must prepare and publish a document— (a) describing the relevant change of circumstances, and (b) explaining how the relevant change in circumstances affected the determination. (9) For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to— (a) the international obligations of the United Kingdom, (b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020), (c) available scientific evidence, or (d) available evidence relating to the social, economic or environmental elements of sustainable development.

• (5) In Article 5 (management of by-catch stocks)—

• (a) in paragraph 2, for the words from “as defined” to “1380/2013” substitute “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

• (b) in paragraph 3, for “In accordance with Article 9(5) of Regulation (EU) No 1380/2013, the” substitute “ The ”.

• (6) In Article 6 (conservation reference points), for “A fisheries administration” substitute “ The Secretary of State ”.

• (7) In Article 7 (safeguards)—

• (a) in paragraph 1—

• (i) omit “all”;

• (ii) for “decrease in biomass” substitute “ current biomass or, in the case of Norway lobster, current abundance ”;

• (b) after paragraph 4 insert—

(5) The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 otherwise than in accordance with paragraphs 1 to 4. (6) If the Secretary of State makes a determination in reliance on paragraph 5 the Secretary of State must prepare and publish a document— (a) describing the relevant change of circumstances, and (b) explaining how the relevant change in circumstances affected the determination. (7) For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to— (a) the international obligations of the United Kingdom, (b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020), (c) available scientific evidence, or (d) available evidence relating to the social, economic or environmental elements of sustainable development.

• (8) In Article 12 (fishing authorisations and capacity ceilings), in paragraph 1—

• (a) after “fishing authorisations” insert “ (which may be contained in a licence granted under section 15 of the Fisheries Act 2020) ”;

• (b) for “vessels in its fleet” substitute “ United Kingdom fishing vessels ”.

• (9) In Article 13 (principles and objectives of management of stocks of common interest)—

• (a) in paragraph 1—

• (i) for “a fisheries administration”, in both places it occurs, substitute “ the Secretary of State ”;

• (ii) omit “Regulation (EU) No 1380/2013, in particular Article 2(2) thereof, and of”;

• (iii) omit “, thereby promoting a level-playing field for United Kingdom operators”;

• (b) omit paragraph 2.

Regulation (EU) 2019/472

10

• (1) Regulation (EU) 2019/472 of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks is amended as follows.

• (2) In Article 1 (subject-matter and scope), in paragraph 1—

• (a) omit points (4) to (7), (11), (13), (18), (20), (24) to (26), (30) and (34) to (36);

• (b) in point (23) omit the third, fourth and fifth indents.

• (3) In Article 3 (objectives)—

• (a) in paragraph 1—

• (i) for the words from “objectives listed” to “1380/2013” substitute “ fisheries objectives ”;

• (ii) for the words from “, and shall” to the end substitute “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

• (b) in paragraph 3—

• (i) after “fisheries management” insert “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

• (ii) for the words from “. It shall” to the end substitute “ and, where possible, reversed ”.

• (4) In Article 4 (targets)—

• (a) in paragraph 1 omit “by 2020”;

• (b) in paragraph 2, for “A fisheries administration” substitute “ The Secretary of State ”;

• (c) in paragraph 7—

• (i) for “Fishing” substitute “ Where the spawning stock biomass is above Blim, fishing ”;

• (ii) omit “in any event”;

• (iii) for “the spawning stock biomass” substitute “ it ”;

• (d) after paragraph 7 insert—

(8) The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 (power of Secretary of State to determine fishing opportunities) otherwise than in accordance with paragraphs 3 to 7. (9) If the Secretary of State makes a determination in reliance on paragraph 8 the Secretary of State must prepare and publish a document— (a) describing the relevant change of circumstances, and (b) explaining how the relevant change in circumstances affected the determination. (10) For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to— (a) the international obligations of the United Kingdom, (b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020), (c) available scientific evidence, or (d) available evidence relating to the social, economic or environmental elements of sustainable development.

• (5) In Article 5 (management of by-catch stocks)—

• (a) in paragraph 2, for the words from “as defined” to “1380/2013” substitute “ (within the meaning given by section 1(11) of the Fisheries Act 2020) ”;

• (b) in paragraph 3, for “In accordance with Article 9(5) of Regulation (EU) No 1380/2013, the” substitute “ The ”.

• (6) In Article 7 (conservation reference points), for “A fisheries administration” substitute “ The Secretary of State ”.

• (7) In Article 8 (safeguards)—

• (a) in paragraph 1—

• (i) omit “all”;

• (ii) for “decrease in biomass” substitute “ current biomass or, in the case of Norway lobster, current abundance ”;

• (b) after paragraph 4 insert—

(5) The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 otherwise than in accordance with paragraphs 1 to 4. (6) If the Secretary of State makes a determination in reliance on paragraph 5 the Secretary of State must prepare and publish a document— (a) describing the relevant change of circumstances, and (b) explaining how the relevant change in circumstances affected the determination. (7) For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to— (a) the international obligations of the United Kingdom, (b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020), (c) available scientific evidence, or (d) available evidence relating to the social, economic or environmental elements of sustainable development.

• (8) In Article 11 (recreational fisheries), in paragraphs 1 and 2, for “any person determining fishing opportunities”, in both places it occurs, substitute “ a fisheries administration ”.

• (9) In Article 12 (effort limitation for sole in the Western Channel), in paragraph 2—

• (a) for “Any person determining fishing opportunities” substitute “ A fisheries administration ”;

• (b) omit the words from “and for vessels” to the end.

• (10) In Article 14 (fishing authorisations and capacity ceilings), in paragraph 1—

• (a) after “fishing authorisations” insert “ (which may be contained in a licence granted under section 15 of the Fisheries Act 2020) ”;

• (b) for “vessels in its fleet” substitute “ United Kingdom fishing vessels ”.

• (11) In Article 15 (principles and objectives of management of stocks of common interest)—

• (a) in paragraph 1—

• (i) for “a fisheries administration”, in both places it occurs, substitute “ the Secretary of State ”;

• (ii) omit “Regulation (EU) No 1380/2013, in particular Article 2(2) thereof, and of”;

• (iii) omit “thereby promoting a level-playing field for United Kingdom operators”;

• (b) omit paragraph 2.

Regulation (EU) 2019/1241

11

• (1) Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fishery resources and the protection of marine ecosystems through technical measures is amended as follows.

• (2) In Article 3, in paragraph 1, for “objectives set out in the applicable provisions of Article 2 of Regulation (EU) No 1380/2013” substitute “ achievement of the fisheries objectives ”.

• (3) In Article 4, in paragraph 1—

• (a) in point (a), for “Article 2(2) of Regulation (EU) No 1380/2013” substitute “ the fisheries objectives ”;

• (b) in point (c), for “point (j) of Article 2(5) of Regulation (EU) No 1380/2013” substitute “ the fisheries objectives ”.

• (4) In Article 11, in paragraph 4, omit “and shall be compatible with the objectives set out in Article 2 of Regulation (EU) No 1380/2013”.

Commission Delegated Regulation (EU) 2019/2238

12

• (1) Commission Delegated Regulation (EU) 2019/2238 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2020-2021 is amended as follows.

• (2) In Article 3 (exemptions for Norway lobster)—

• (a) in paragraph 1, omit point (b);

• (b) omit paragraph 3.

• (3) In Article 6 (exemption for plaice)—

• (a) in paragraph 1, omit point (c);

• (b) in paragraph 2, in point (b), for “80-99” substitute “ 80 ”;

• (c) omit paragraph 4.

• (4) In Article 8 (exemption for turbot), omit paragraph 2.

• (5) In Article 10 (de minimis exemptions)—

• (a) in point (f) after “6% in 2020” insert “ and 2021 ”;

• (b) in each of points (f), (h) and (k) to (n), omit the words from “the de minimis” to the end;

• (c) after point (n) insert—

(o) in fisheries by vessels using bottom trawls (OTB, OTT, TB, TBN) of mesh size 80-99mm in the United Kingdom waters of ICES subarea 4 and ICES Division 2a: a quantity of Norway lobster below the minimum conservation reference size, which shall not exceed 2% of the total annual catches of that species.

Commission Delegated Regulation (EU) 2019/2239

13

• (1) Commission Delegated Regulation (EU) 2019/2239 specifying details of the landing obligation for certain demersal fisheries in North-Western waters for the period 2020-2021 is amended as follows.

• (2) In Article 6 (exemption for plaice), omit paragraph (2).

• (3) In Article 8 (de minimis exemptions)—

• (a) in paragraph 1, in each of points (d) to (k), omit “in 2020”;

• (b) omit paragraph 2.

Council Regulation (EU) 2020/123

14

In Council Regulation (EU) 2020/123 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, in Article 14 (remedial measures for cod in the North Sea), omit paragraphs 2 to 4.

Transitional provision

15

• (1) This paragraph applies until the first JFS comes into effect.

• (2) The Common Fisheries Policy Regulation (as amended by this Schedule) has effect as if—

• (a) in Article 28(1), after “Article 3” there were inserted “ in a way that contributes to the achievement of the fisheries objectives ”;

• (b) in Article 29(2), at the beginning there were inserted “The positions of the United Kingdom in international organisations dealing with fisheries and in RFMOs shall be based on the best available scientific advice so as to ensure that fishery resources are managed in a way that contributes to the achievement of the fisheries objectives.”;

• (c) in Article 33(1)—

• (i) after “Regulation” there were inserted “ and that contributes to the achievement of the fisheries objectives ”;

• (ii) after “management possible” insert “ in a way that contributes to the achievement of the fisheries objectives ”.

• (3) Regulation (EU) 2018/973 (as amended by this Schedule) has effect as if in Article 13(1), after “Regulation” there were inserted “ and that contributes to the achievement of the fisheries objectives ”.

• (4) Regulation (EU) 2019/472 (as amended by this Schedule) has effect as if in Article 15(1), after “Regulation” there were inserted “ and that contributes to the achievement of the fisheries objectives ”.

• (5) Regulation (EU) 2019/1241 (as amended by this Schedule) has effect as if in Article 11(4), after “paragraph 1 of this Article” there were inserted “ and shall contribute to the achievement of the fisheries objectives ”.

Consequential amendments

16

• (1) In the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010 (S.S.I. 2010/334) (as amended by the Exit Regulations)—

• (a) in article 2, in paragraph (1)—

• (i) omit the definition of “Regulation 2017/2403”;

• (ii) in the definition of “third country recording and reporting requirement” omit paragraph (ii) (and the “or” before it);

• (b) in that article, for paragraph (5) substitute—

(5) Any expression used, and not defined, in this Order that is used in the Control Regulation or Regulation 404/2011, or that is used in both of those Regulations, has the meaning it has in the Regulation or Regulations in which it is used.

;

• (c) in article 6, omit paragraph (2);

• (d) in Schedule 2, in the table, omit the entries relating to Regulation 2017/2403.

• (2) In the Sea Fishing (EU Control Measures) (Scotland) Order 2015 (S.S.I. 2015/320) (as amended by the Exit Regulations), in article 2(1)—

• (a) omit the definition of “Regulation 2017/2403”;

• (b) in the definition of “third country control measure”—

• (i) omit “Regulation 2017/2403 or”;

• (ii) omit paragraph (a).

• (3) In this paragraph “the Exit Regulations” means the Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/24).

Fisheries objectives

Introductory

Consultation

Requirement to lay consultation draft before appropriate legislature

Publication of the relevant document

Introductory

Consultation

Requirement to lay consultation draft before Parliament

Publication of the relevant document

Introductory

Consultation

Publication of the relevant document

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

Undersized Velvet Crabs Order 1989

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

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

Undersized Edible Crabs Order 2000

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

Prohibition of Fishing with Multiple Trawls Order 2001

Shrimp Fishing Nets Order 2002

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

Prohibition of Fishing with Multiple Trawls Order 2003

Prohibition of Fishing with Multiple Trawls (Wales) Order 2003

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

Tope (Prohibition of Fishing) Order 2008

Shrimp Fishing Nets (Wales) Order 2008

Tope (Prohibition of Fishing) (Wales) Order 2008

Scallop Fishing (Wales) (No 2) Order 2010

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

Scallop Fishing (England) Order 2012

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

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

Whelk Fishing (Wales) Order 2019

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

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

The Prohibition of Fishing for Scallops (Scotland) Order 2003

The Shrimp Fishing Nets (Scotland) Order 2004

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

The Regulation of Scallop Fishing (Scotland) Order 2017

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

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

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

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

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

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

The Conservation of Scallops Regulations (Northern Ireland) 2008

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

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

Power to attach conditions to sea fishing licence

Power to vary, suspend or revoke sea fishing licence etc

Power to obtain information

Duty to comply with request of another sea fish licensing authority

Use of licensing functions to limit fishing activity

Power to arrange for licensing functions to be exercised by others

Regulations about the licensing of fishing boats

Power of Secretary of State under paragraph 7 where consent obtained

Interpretation

Sea Fish Industry Act 1962

Sea Fisheries Act 1968

Fishery Limits Act 1976

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

Fishery Limits Act 1976 (Guernsey) Order 1989

Sea Fish (Conservation) Act 1967

Fishery Limits Act 1976

Fisheries Act 1981

Sea Fish (Conservation) Act 1992

Government of Wales Act 2006

Marine and Coastal Access Act 2009

Sea Fish (Specified Manx Waters) Licensing Order 1990

Sea Fish Licensing Order 1992

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

Sea Fishing (Licences and Notices) Regulations 1994

Scotland Act (Agency Arrangements) (Specification) Order 1999

Scotland Act 1998 (Concurrent Functions) Order 1999

Sea Fishing (Licences and Notices) (Scotland) Regulations 2011

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

Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014

Sea Fish Licensing (England) Order 2015

Sea Fish Licensing (Wales) Order 2019

Sea Fishing (Licences and Notices) (Wales) Regulations 2019

Sea Fish Licensing (England) (EU Exit) Regulations 2019

Sea Fish Licensing (Foreign Vessels) (EU Exit) (Scotland) Order 2019

Sea Fishing (Licences and Notices) (Scotland) (Amendment) Regulations 2019

Fishing Boats Designation (EU Exit) (Scotland) Order 2019

Licences in respect of British fishing boats

Licence conditions

Regulations

Continuity of the law

Power of the Scottish Ministers

Power of the Welsh Ministers

Power of the Northern Ireland department

Financial assistance: consequential amendments

Transitional provision

Power of Scottish Ministers

Power of Welsh Ministers

Power of Northern Ireland department

Power to make provision about fisheries, aquaculture etc

Paragraph 1: interpretation

Power to make provision about aquatic animal diseases

Scope of regulations under paragraph 1 or 3

Procedural requirements

Power to make provision about fisheries, aquaculture etc

Paragraph 6: interpretation

Power to make provision about aquatic animal diseases

Scope of regulations under paragraph 6 or 8

Procedural requirements

Power to make provision about fisheries, aquaculture etc

Paragraph 11: interpretation

Power to make provision about aquatic animal diseases

Scope of regulations under paragraph 11 or 13

Procedural requirements

Introduction

Common Fisheries Policy Regulation

Regulation (EU) No 1379/2013

Commission Delegated Regulation (EU) No 1393/2014

Commission Delegated Regulation (EU) No 1395/2014

Regulation (EU) 2016/2336

Regulation (EU) 2017/1004

Regulation (EU) 2017/2403

Regulation (EU) 2018/973

Regulation (EU) 2019/472

Regulation (EU) 2019/1241

Commission Delegated Regulation (EU) 2019/2238

Commission Delegated Regulation (EU) 2019/2239

Council Regulation (EU) 2020/123

Transitional provision

Consequential amendments

Editorial notes

[^c24429641]: S. 48(a) in force at 23.11.2020, s. 48(b) in force at 23.1.2021 see s. 54(1)(f)(4)(d)

[^key-930cc37db275c753b46a7b35d9be6651]: Words in s. 23(11) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 94(2)(a)

[^key-8535d23434d9e5e1c589b8cd342faf98]: Words in s. 26(2)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 94(2)(b)

[^key-132600d55ecc5a2418541be39a0d6468]: Words in s. 52 substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 94(2)(c)