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Fisheries Act 2020

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Fisheries objectives, fisheries statements and fisheries management plans

    1. 1.Fisheries objectives

    2. 2.Joint fisheries statement

    3. 3.Joint fisheries statement: procedure

    4. 4.Secretary of State fisheries statement

    5. 5.Secretary of State fisheries statement: procedure

    6. 6.Fisheries management plans: duty to comply with proposals in JFS

    7. 7.Fisheries management plans: power to depart from proposals in JFS

    8. 8.Fisheries management plans: procedure

    9. 9.Fisheries management plans: transitional provision

    10. 10.Effect of fisheries statements and fisheries management plans

    11. 11.Reports on fisheries statements and fisheries management plans

  3. Access to British fisheries and regulation of foreign fishing boats

    1. 12.Access to British fisheries by foreign fishing boats

    2. 13.Regulation of foreign fishing boats

  4. Licensing of fishing boats

    1. 14.British fishing boats required to be licensed

    2. 15.Power to grant licences in respect of British fishing boats

    3. 16.Foreign fishing boats required to be licensed if within British fishery limits

    4. 17.Power to grant licences in respect of foreign fishing boats

    5. 18.Further provision about licences

  5. Access and licensing: offences and consequential amendments

    1. 19.Penalties for offences

    2. 20.Offences by bodies corporate etc

    3. 21.Jurisdiction of court to try offences

    4. 22.Minor and consequential amendments

  6. Fishing opportunities

    1. 23.Power of Secretary of State to determine fishing opportunities

    2. 24.Duties relating to a determination of fishing opportunities

    3. 25.Distribution of fishing opportunities

    4. 26.Duties to ensure fishing opportunities not exceeded

    5. 27.Sale of English fishing opportunities

  7. Discard prevention charging schemes

    1. 28.Discard prevention charging schemes

    2. 29.Meaning of “chargeable person” and “unauthorised catch of sea fish”

    3. 30.Catches subject to a charge ignored for certain regulatory purposes

    4. 31.Charge collectors

    5. 32.Discard prevention charging schemes: supplementary provision

  8. Grants and charges

    1. 33.Financial assistance: powers of Secretary of State

    2. 34.Charges: powers of Marine Management Organisation

    3. 35.Sea Fish Industry Authority: fees for services provided for industry in EU

  9. Powers to make further provision

    1. 36.Power to make provision about fisheries, aquaculture etc

    2. 37.Section 36: interpretation

    3. 38.Power to make provision about aquatic animal diseases

    4. 39.Scope of regulations under section 36 or 38

    5. 40.Scope of regulations under section 36 or 38 where consent obtained

    6. 41.Procedural requirements for regulations under section 36 or 38

    7. 42.Powers of Scottish Ministers, Welsh Ministers and NI department

  10. Miscellaneous

    1. 43.Agency arrangements between sea fish licensing authorities

    2. 44.Foreign fishing boats that are exclusively Faroe Islands-regulated

    3. 45.Legislative competence of Senedd Cymru

    4. 46.Interpretation of Welsh legislation

    5. 47.Conservation of Seals

    6. 48.Amendments of the Marine and Coastal Access Act 2009

    7. 49.Retained direct EU legislation: minor and consequential amendments

  11. Final provisions

    1. 50.Amendments that could have been made under existing powers

    2. 51.Regulations

    3. 52.Interpretation

    4. 53.Extent

    5. 54.Commencement

    6. 55.Short title

  12. SCHEDULES

    1. SCHEDULE 1

      Fisheries statements and management plans: preparation and publication

      1. PART 1 Joint fisheries statement

        1. 1.Introductory

        2. 2.Consultation

        3. 3.Requirement to lay consultation draft before appropriate legislature

        4. 4.Publication of the relevant document

      2. PART 2 Secretary of State fisheries statement

        1. 5.Introductory

        2. 6.Consultation

        3. 7.Requirement to lay consultation draft before Parliament

        4. 8.Publication of the relevant document

      3. PART 3 Fisheries management plans

        1. 9.Introductory

        2. 10.Consultation

        3. 11.Publication of the relevant document

    2. SCHEDULE 2

      Regulation of foreign fishing boats

      1. PART 1 England and Wales

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

        2. 2.Undersized Velvet Crabs Order 1989

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

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

        5. 5.Undersized Edible Crabs Order 2000

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

        7. 7.Prohibition of Fishing with Multiple Trawls Order 2001

        8. 8.Shrimp Fishing Nets Order 2002

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

        10. 10.Prohibition of Fishing with Multiple Trawls Order 2003

        11. 11.Prohibition of Fishing with Multiple Trawls (Wales) Order 2003

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

        13. 13.Tope (Prohibition of Fishing) Order 2008

        14. 14.Shrimp Fishing Nets (Wales) Order 2008

        15. 15.Tope (Prohibition of Fishing) (Wales) Order 2008

        16. 16.Scallop Fishing (Wales) (No 2) Order 2010

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

        18. 18.Scallop Fishing (England) Order 2012

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

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

        21. 21.Whelk Fishing (Wales) Order 2019

      2. PART 2 Scotland

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

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

        3. 24.The Prohibition of Fishing for Scallops (Scotland) Order 2003

        4. 25.The Shrimp Fishing Nets (Scotland) Order 2004

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

        6. 27.The Regulation of Scallop Fishing (Scotland) Order 2017

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

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

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

      3. PART 3 Northern Ireland

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

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

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

        4. 34.The Conservation of Scallops Regulations (Northern Ireland) 2008

        5. 35.The Edible Crabs (Conservation) Regulations (Northern Ireland) 2020

        6. 36.The Edible Crabs (Undersized) Order (Northern Ireland) 2020

    3. SCHEDULE 3

      Sea fishing licences: further provision

      1. 1.Power to attach conditions to sea fishing licence

      2. 2.Power to vary, suspend or revoke sea fishing licence etc

      3. 3.Power to obtain information

      4. 4.Duty to comply with request of another sea fish licensing authority

      5. 5.Use of licensing functions to limit fishing activity

      6. 6.Power to arrange for licensing functions to be exercised by others

      7. 7.Regulations about the licensing of fishing boats

      8. 8.Power of Secretary of State under paragraph 7 where consent obtained

      9. 9.Interpretation

    4. SCHEDULE 4

      Access and licensing: minor and consequential amendments

      1. PART 1 Access to British fisheries by foreign fishing boats

        1. 1.Sea Fish Industry Act 1962

        2. 2.Sea Fisheries Act 1968

        3. 3.Fishery Limits Act 1976

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

        5. 5.Fishery Limits Act 1976 (Guernsey) Order 1989

      2. PART 2 Licensing of fishing boats

        1. 6.Sea Fish (Conservation) Act 1967

        2. 7.Fishery Limits Act 1976

        3. 8.Fisheries Act 1981

        4. 9.Sea Fish (Conservation) Act 1992

        5. 10.Government of Wales Act 2006

        6. 11.Marine and Coastal Access Act 2009

        7. 12.Sea Fish (Specified Manx Waters) Licensing Order 1990

        8. 13.Sea Fish Licensing Order 1992

        9. 14.Sea Fish Licensing (Time at Sea) (Principles) Order 1993

        10. 15.Sea Fishing (Licences and Notices) Regulations 1994

        11. 16.Scotland Act (Agency Arrangements) (Specification) Order 1999

        12. 17.Scotland Act 1998 (Concurrent Functions) Order 1999

        13. 18.Sea Fishing (Licences and Notices) (Scotland) Regulations 2011

        14. 19.Sea Fishing (Licences and Notices) (England) Regulations 2012

        15. 20.Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014

        16. 21.Sea Fish Licensing (England) Order 2015

        17. 22.Sea Fish Licensing (Wales) Order 2019

        18. 23.Sea Fishing (Licences and Notices) (Wales) Regulations 2019

        19. 24.Sea Fish Licensing (England) (EU Exit) Regulations 2019

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

        21. 26.Sea Fishing (Licences and Notices) (Scotland) (Amendment) Regulations 2019

        22. 27.Fishing Boats Designation (EU Exit) (Scotland) Order 2019

      3. PART 3 Transitional provision

        1. 28.Licences in respect of British fishing boats

        2. 29.Licence conditions

        3. 30.Regulations

        4. 31.Continuity of the law

    5. SCHEDULE 5

      Sale of Welsh fishing opportunities

      1. 1.The Welsh Ministers may by regulations make provision for the...

      2. 2.A right to use a Welsh catch or effort quota...

      3. 3.The regulations may include provision— (a) for rights to be...

      4. 4.The Welsh Ministers must exercise their functions so as to...

      5. 5.Before making regulations under this Schedule the Welsh Ministers must...

      6. 6.Regulations under this Schedule are subject to the affirmative resolution...

      7. 7.In this Schedule— “Welsh catch quota” means so much of...

    6. SCHEDULE 6

      Financial assistance: powers of devolved authorities

      1. 1.Power of the Scottish Ministers

      2. 2.Power of the Welsh Ministers

      3. 3.Power of the Northern Ireland department

      4. 4.Financial assistance: consequential amendments

      5. 5.Transitional provision

    7. SCHEDULE 7

      Imposition of charges: powers of devolved authorities

      1. 1.Power of Scottish Ministers

      2. 2.Power of Welsh Ministers

      3. 3.Power of Northern Ireland department

    8. SCHEDULE 8

      Powers to make further provision: devolved authorities

      1. PART 1 Scottish Ministers

        1. 1.Power to make provision about fisheries, aquaculture etc

        2. 2.Paragraph 1: interpretation

        3. 3.Power to make provision about aquatic animal diseases

        4. 4.Scope of regulations under paragraph 1 or 3

        5. 5.Procedural requirements

      2. PART 2 Welsh Ministers

        1. 6.Power to make provision about fisheries, aquaculture etc

        2. 7.Paragraph 6: interpretation

        3. 8.Power to make provision about aquatic animal diseases

        4. 9.Scope of regulations under paragraph 6 or 8

        5. 10.Procedural requirements

      3. PART 3 The Northern Ireland department

        1. 11.Power to make provision about fisheries, aquaculture etc

        2. 12.Paragraph 11: interpretation

        3. 13.Power to make provision about aquatic animal diseases

        4. 14.Scope of regulations under paragraph 11 or 13

        5. 15.Procedural requirements

    9. SCHEDULE 9

      Conservation of seals

      1. PART 1 Amendments of the Conservation of Seals Act 1970

        1. 1.The Conservation of Seals Act 1970 is amended in accordance...

        2. 2.For section 1 (prohibited methods of killing seals) substitute— Prohibition...

        3. 3.Omit section 2 (close seasons for seals).

        4. 4.Omit section 3 (orders prohibiting killing seals).

        5. 5.In section 4 (apprehension of offenders and powers of search...

        6. 6.In section 6 (forfeitures), for the words from “any seal...

        7. 7.In section 8 (attempt to commit offence), in subsection (2)—...

        8. 8.In section 9 (general exceptions)— (a) in subsection (1)—

        9. 9.In section 10 (power to grant licences)—

        10. 10.In section 11 (entry upon land)— (a) in subsection (1),...

        11. 11.Omit section 14 (orders).

        12. 12.In section 15 (interpretation), at the appropriate places insert— “explosive...

      2. PART 2 Amendments of the Wildlife (Northern Ireland) Order 1985

        1. 13.The Wildlife (Northern Ireland) Order 1985 (1985/171 (N.I. 2)) is...

        2. 14.In Article 10 (protection of certain wild animals), in paragraph...

        3. 15.In Article 11 (exceptions to Article 10)—

        4. 16.In Article 18 (power to grant licences), after paragraph (3)...

        5. 17.In Schedule 5 (animals which are protected at all times),...

        6. 18.In Schedule 6 (animals which may not be killed or...

        7. 19.In Schedule 7 (animals which may not be sold alive...

    10. SCHEDULE 10

      Amendments of the Marine and Coastal Access Act 2009

      1. PART 1 General powers and duties of the Marine Management Organisation

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

        2. 2.(1) Section 24 (research) is amended as follows.

        3. 3.(1) Section 25 (advice, assistance and training facilities) is amended...

        4. 4.(1) Section 26 (provision of information etc) is amended as...

        5. 5.In section 27 (power to charge for services), in subsection...

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

        1. 6.The Marine and Coastal Access Act 2009 is amended in...

        2. 7.In the heading of Chapter 1 of Part 5, after...

        3. 8.(1) Section 117 (grounds for designation of MCZs) is amended...

        4. 9.In the italic heading before section 129, for “protection of...

        5. 10.In section 129 (byelaws for protections of MCZs in England),...

        6. 11.After section 129 insert— Byelaws relating to exploitation of sea...

        7. 12.(1) Section 130 (byelaws: procedure) is amended as follows.

        8. 13.(1) Section 131 (emergency byelaws) is amended as follows.

        9. 14.(1) Section 132 (interim byelaws) is amended as follows.

        10. 15.(1) Section 133 (further provision) is amended as follows.

        11. 16.In the italic heading before section 134, for “protection of...

        12. 17.After section 134 insert— Orders relating to exploitation of sea...

        13. 18.(1) Section 135 (consultation) is amended as follows.

        14. 19.(1) Section 136 (interim orders) is amended as follows.

        15. 20.(1) Section 137 (further provision) is amended as follows.

        16. 21.After section 137 insert— Orders for marine conservation: Scottish offshore...

        17. 22.(1) Section 138 (hearings) is amended as follows.

        18. 23.(1) Section 139 (offences) is amended as follows.

        19. 24.In section 141 (exceptions), in subsection (1)(c)(i), for “or 134(4)”...

        20. 25.In section 142 (fixed monetary penalties), in subsection (1), omit...

        21. 26.(1) Section 147 (interpretation) is amended as follows.

        22. 27.In section 166 (powers of IFC officers), in subsection (1)(e),...

        23. 28.In section 189 (power of Welsh Ministers in relation to...

        24. 29.(1) Section 237 (enforcement of nature conservation legislation) is amended...

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

        26. 31.(1) Section 316 (regulations and orders) is amended as follows....

        27. 32.(1) In the Water Resources Act 1991, in Schedule 25,...

    11. SCHEDULE 11

      Retained direct EU legislation: minor and consequential amendments

      1. 1.Introduction

      2. 2.Common Fisheries Policy Regulation

      3. 3.Regulation (EU) No 1379/2013

      4. 4.Commission Delegated Regulation (EU) No 1393/2014

      5. 5.Commission Delegated Regulation (EU) No 1395/2014

      6. 6.Regulation (EU) 2016/2336

      7. 7.Regulation (EU) 2017/1004

      8. 8.Regulation (EU) 2017/2403

      9. 9.Regulation (EU) 2018/973

      10. 10.Regulation (EU) 2019/472

      11. 11.Regulation (EU) 2019/1241

      12. 12.Commission Delegated Regulation (EU) 2019/2238

      13. 13.Commission Delegated Regulation (EU) 2019/2239

      14. 14.Council Regulation (EU) 2020/123

      15. 15.Transitional provision

      16. 16.Consequential amendments

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