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Fisheries Act 2020 (Chapter 22).

Type of law
Legislation
Source

Abstract
The Fishery Act 2020 lays down the discipline regarding fisheries, fishing, aquaculture and marine conservation in United Kingdom. It is divided in 55 Articles and entails 11 Schedules.
The Act, from Art 1 to 11, includes provisions on fisheries objectives, fisheries statement and fisheries management plans. Art. 1 lists and explains fisheries objectives, these include: a) the sustainability objective, (b) the precautionary objective, (c) the ecosystem objective, (d) the scientific evidence objective, (e) the bycatch objective, (f) the equal access objective, (g) the national benefit objective, and (h) the climate change objective. Art. 2 requires the fisheries policy authorities to prepare and publish a document, to be known as a joint fisheries statement (a JFS ), that outlines the policies and the proposed use of fisheries management plans for achieving, or contributing to the achievement of, the fisheries objectives. The JFS must contain a statement as well explaining how the fisheries objectives have been interpreted and proportionately applied in formulating those policies and proposals. Art. 3 considers the scenario that fisheries policy authorities may prepare and publish a JFS that omits a relevant Secretary of State policy, in that case the Secretary of State must prepare and publish a document, to be known as a Secretary of State fisheries statement ( SSFS ), that sets out the policy or policies omitted from the JFS. The articles continue regulating procedures, effects, reporting and other matters. Schedule 1 further sets out the procedure for preparation and publication of fisheries statements and management plans.
Access and licensing discipline, including as well offences, is regulated by Arts. 12 to 22. Arts. 12 and 13 prohibit any access to British fisheries by foreign fishing boats exception made for the purpose of fishing in accordance with a sea fishing licence, or a purpose recognised by international law or agreement. Schedule 2 contains amendments of subordinate legislation relating to the regulation of foreign fishing boats. Arts. 14 to 18 and Schedule 3 (on sea fishing) contain the discipline of fishing licences for British and foreign fishing boats within the British fishery limits; in particular they establish granting authorities and powers e.g. power to attach conditions to sea fishing licence or to vary, suspend or revoke a sea fishing licence. Arts. 19 to 22 and Schedule 4 identify offences and penalties for breach of access and licensing provisions.
Arts. 23 to 27 and Schedule 5 concern fishing opportunities, and confer power on the Secretary of State and Welsh Ministers to determine: a) the maximum quantity of sea fish that may be caught by British fishing boats (catch quota) and; b)the maximum number of days that British fishing boats may spend at sea (effort quota).
Arts. 28 to 32 confer powers to the Secretary of State, and make recommendations on how to establish, by regulations, a scheme ( a charging scheme ) under which chargeable persons are required to pay a charge in respect of unauthorised catches of sea fish establishing how a charge is to be calculated, and when payments of a charge are due.
Art. 33 confers powers to the Secretary of State to establish by regulation a scheme to promote financial assistance for a series of identified purposes, such as: (a) the conservation, enhancement or restoration of the marine and aquatic environment; (b) the promotion or development of commercial fish or aquaculture activities; (c) the reorganisation of businesses involved in commercial fish or aquaculture activities; (d) contributing to the expenses of persons involved in commercial fish or aquaculture activities; (e) maintaining or improving the health and safety of individuals who are involved in commercial fish or aquaculture activities; (f) the training of individuals who are, were or intend to become involved in commercial fish or aquaculture activities, or are family members of such individuals; (g) the economic development or social improvement of areas in which commercial fish or aquaculture activities are carried out; (h) improving the arrangements for the use of catch quotas or effort quotas; (i) the promotion or development of recreational fishing. Schedule 6 contains provision conferring power on the Scottish Ministers, the Welsh Ministers and the Northern Ireland department corresponding to that conferred on the Secretary of State by this section.
Art. 34 disciplines charges on fishing quotas; fish activities; registration of buyers and sellers of first-sale fish and catch certificates for the import and export of fish and provides powers of Marine Management Organisation. Schedule 7 contains provision conferring power on the Scottish Ministers, the Welsh Ministers and the Northern Ireland department corresponding to that conferred on the Secretary of State by this section.
Arts. 36 to 42 confer powers to Secretary of State (and Schedule 8 to each State Ministers) to make further provisions for the purpose of implementing an international obligation, for a conservation purpose, for a fish industry purpose, or to make provisions about aquatic animal diseases.
Arts. 43 to 55 and Schedules 9 to 11 contain miscellaneous and final provisions concerning for instance conservation of seals (Schedule 9) and amendments of the Marine and Coastal Access Act 2009.
Long title of text
An Act to make provision in relation to fisheries, fishing, aquaculture and marine conservation; to make provision about the functions of the Marine Management Organisation; and for connected purposes.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No