- a charging scheme
has the meaning given by section 28(1);
- a relevant regulatory breach
means the catching by a fishing boat of a quantity of sea fish which—
- an appropriate legislative body
means— (a) where the fisheries policy authority is the Secretary of State, either House of Parliament;
- an appropriate legislative committee
means a committee of an appropriate legislative body;
- an appropriate recipient
means— a in relation to a licence or notice relating to a Welsh fishing boat— i the owner or charterer of the fishing boat, or ii a nominee of that owner or charterer;
- aquaculture
means the breeding, rearing, growing or cultivation of— (a) any fish or other aquatic animal, (b) seaweed or any other aquatic plant, or (c) any other aquatic organism;
- aquaculture activities
means any of the following (whether or not carried out in the course of a business or employment)— (a) aquaculture;
- aquaculture organism
means an aquatic organism resulting from aquaculture;
- British fishing boat
means a fishing boat— (a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, (b) which is British-owned, or (c) which is registered under the law of Jersey, Guernsey or the Isle of Man;
- British-owned
means owned by— (a) a person who is for the purposes of Part 2 of the Merchant Shipping Act 1995 a person qualified to own a British ship, or (b) two or more persons any one of whom is for those purposes a person so qualified;
- bycatch
means— (a) fish that are caught in the course of fishing for fish of a different description, or (b) animals other than fish that are caught in the course of fishing;
- catch quota
has the meaning given by section 23(5)(a);
- chargeable person
means—
- commercial aquaculture activities
means— (a) any aquaculture activity carried out in the course of a business or employment;
- commercial fish activities
means— (a) any fish activity carried out in the course of a business or employment;
- commercial fish or aquaculture activities
means commercial fish activities or commercial aquaculture activities;
- conservation purpose
has the meaning given by section 36(2).
- description
means description framed by reference to size of fishing boat, method or area of fishing or description of fish.
- ecosystem-based approach
means an approach which— (a) ensures that the collective pressure of human activities is kept within levels compatible with the achievement of good environmental status (within the meaning of the Marine Strategy Regulations 2010 (S.I. 2010/1627)), and (b) does not compromise the capacity of marine ecosystems to respond to human-induced changes;
- effort quota
has the meaning given by section 23(5)(b);
- enactment
has the same meaning as in the European Union (Withdrawal) Act 2018 and includes an enactment contained in or made under this Act;
- English catch quota
means so much of a catch quota as would (if not sold in accordance with the regulations) be available for distribution by the Secretary of State or the Marine Management Organisation for use by English fishing boats;
- English effort quota
means so much of an effort quota as would (if not sold in accordance with the regulations) be available for distribution by the Secretary of State or the Marine Management Organisation for use by English fishing boats.
- English fishing boat
means a fishing boat— (a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and (b) whose entry in the register specifies a port in England as the port to which the boat is to be treated as belonging;
- English sea fishing licence
means a licence granted under section 15 in respect of an English fishing boat;
- 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;
- financial assistance
means grants or loans.
- first-sale fish
means fish which is marketed for the first time;
- fish
includes shellfish;
- fish activities
means any of the following (whether or not carried out in the course of a business or employment)— (a) catching fish;
- fish and aquaculture activities
means fish activities and aquaculture activities;
- fisheries function
means a function relating to fisheries, fishing or aquaculture;
- fisheries management plan
has the meaning given by section 2(6);
- fishery products
means— (a) fish or other aquatic organisms resulting from fishing or aquaculture, or (b) products derived from aquatic organisms within paragraph (a);
- fishing boat
means a vessel of whatever size, and in whatever way propelled, which is for the time being employed in sea fishing;
- fishing quota
means— (a) a catch quota or an effort quota, or (b) any other limit relating to the quantity of sea fish that may be caught or the time that fishing boats may spend at sea.
- foreign fishing boat
means a fishing boat which is not a British fishing boat;
- highly migratory species
means a species listed in Annex 1 to UNCLOS.
- inland waters
has the meaning given by section 221(1) of the Water Resources Act 1991;
- inter-branch organisation
means an organisation established under Article 11 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council and recognised in accordance with Section 2 of Chapter 2 of that Regulation;
- interested persons
means—
- international obligation of the United Kingdom
includes any obligation that arises or may arise under an international agreement or arrangement to which the United Kingdom is a party;
- JFS
means a joint fisheries statement;
- joint fisheries statement
has the meaning given by section 2(1);
- licence
means a licence granted under section 17.
- licensing function
means a function of a sea fish licensing authority under—
- marine stocks
means stocks of available and accessible living marine aquatic species, including anadromous and catadromous species during their marine life;
- maximum sustainable yield
means the highest theoretical equilibrium yield that can be continuously taken on average from a marine stock under existing environmental conditions without significantly affecting the reproduction process;
- mile
means an international nautical mile of 1,852 metres;
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975 (see section 8(1) of that Act);
- national fisheries authority
means—
- Northern Ireland fishing boat
means a fishing boat— (a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and (b) whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
- officer
means—
- precautionary approach to fisheries management
means an approach in which the absence of sufficient scientific information is not used to justify postponing or failing to take management measures to conserve target species, associated or dependent species, non-target species or their environment.
- prescribed
means prescribed by or in accordance with the scheme.
- primary legislation
means— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) a Measure or Act of Senedd Cymru, or (d) Northern Ireland legislation;
- producer organisation
means an organisation established under Article 6 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council and recognised in accordance with Section 2 of Chapter 2 of that Regulation;
- product movement function
means a function relating to the movement of fishery products— (a) into or out of the United Kingdom, or (b) within the United Kingdom.
- regional fisheries management agreement
means an international agreement (including an international agreement to which the United Kingdom is not a party) the sole or main purpose of which is the conservation or management of— (a) straddling stocks, (b) stocks of highly migratory species, or (c) any other marine stocks;
- regional fisheries management organisation
means an organisation (including an organisation of which the United Kingdom is not a member) established pursuant to a regional fisheries management agreement;
- regional fisheries management regulations
means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—
- relevant condition
means a condition— a attached, by virtue of paragraph 1 of Schedule 3 to the Fisheries Act 2020, to a sea fishing licence granted under section 15 or 17 of that Act, or b included by virtue of subsection (6) of section 4A of this Act in a licence granted under that section. 3B In this section “relevant offence” means— a an offence under section 14(6) or 16(6) of, or paragraph 1(4) or 3(2) or (3) of Schedule 3 to, the Fisheries Act 2020 (offences relating to sea fishing licences), or b an offence under section 4A of this Act. 3C In this section “relevant requirement” means— a a requirement under paragraph 3 of Schedule 3 to the Fisheries Act 2020 (power to obtain informat
- Relevant marine function
means a function relating to—
- relevant offence
means— a an offence under section 14(6) or 16(6) of, or paragraph 1(4) or 3(2) or (3) of Schedule 3 to, the Fisheries Act 2020 (offences relating to sea fishing licences), or b an offence under section 4A of this Act. 3C In this section “relevant requirement” means— a a requirement under paragraph 3 of Schedule 3 to the Fisheries Act 2020 (power to obtain information in connection with sea fishing licence), or b a requirement under section 4A(7) of this Act.”
- relevant requirement
means— a a requirement under paragraph 3 of Schedule 3 to the Fisheries Act 2020 (power to obtain information in connection with sea fishing licence), or b a requirement under section 4A(7) of this Act.”
- relevant Secretary of State policy
means a policy of the Secretary of State that involves the exercise of—
- reserved matter
means a matter which— (a) is a reserved matter within the meaning of the Scotland Act 1998 (see Schedule 5 to that Act), (b) is a reserved matter within the meaning of the Government of Wales Act 2006 (see Schedule 7A to that Act), or (c) is an excepted or reserved matter within the meaning of the Northern Ireland Act 1998 (see section 4(1) of that Act).
- Scottish fishing boat
means a fishing boat— (a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and (b) whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
- sea fish
means fish of any kind found in the sea;
- sea fish licensing authority
means— (a) the Scottish Ministers, (b) the Welsh Ministers, (c) the Northern Ireland department, or (d) the Marine Management Organisation;
- sea fishing equipment
means— (a) fishing nets and any other equipment used in the course of sea fishing (including, for example, equipment used to navigate, or to deter animals that are not intended to be caught), or (b) equipment used to monitor sea fishing;
- sea fishing licence
has the meaning given by section 18(1);
- Secretary of State fisheries statement
has the meaning given by section 4(4);
- sensitive species
means— (a) any species of animal or plant listed in Annex II or IV of Directive 92/43/EEC of the Council of the European Communities on the conservation of natural habitats and of wild flora and fauna (as amended from time to time), (b) any other species of animal or plant, other than a species of fish, whose habitat, distribution, population size or population condition is adversely affected by pressures arising from fishing or other human activities, or (c) any species of bird;
- shellfish
includes molluscs and crustaceans of any kind found in the sea or inland waters;
- specified
means specified by the scheme;
- SSFS
means a Secretary of State fisheries statement;
- straddling stocks
means stocks to which Article 63(2) of UNCLOS (stocks both in, and in area beyond and adjacent to, an EEZ) applies;
- subordinate legislation
means an instrument made under primary legislation or under assimilated direct legislation;
- temporary foreign vessel licence
means a licence that— a is granted in respect of a foreign fishing boat, and b has effect for a period of no more than three weeks.”
- the appropriate legislature
means— (a) where the fisheries policy authority is the Secretary of State, Parliament;
- the baselines
means the baselines established by the Territorial Sea (Baselines) Order 2014 (S.I. 2014/1353);
- the charging scheme provisions
means sections 28 to 32.
- the Common Fisheries Policy Regulation
means Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy;
- the consultation draft
means the draft prepared and published under paragraph 6.
- 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;
- the Exit Regulations
means the Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/24).
- the Faroe Islands Treaty
means the agreement between— relating to the maritime delimitation in the area between the Faroe Islands and the United Kingdom, entered into on 18 May 1999.
- the fisheries exploitation legislation
means— a any byelaws made under section 129A, 129B or 132(1A) of this Act;
- the fisheries objectives
has the meaning given by section 1(1);
- the fisheries policy authorities
means— (a) the Secretary of State, (b) the Scottish Ministers, (c) the Welsh Ministers, and (d) the Northern Ireland department;
- the high seas
has the same meaning as in the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) (“UNCLOS”);
- the marine and aquatic environment
includes— (a) the natural beauty or amenity of marine or coastal areas, or of inland waters or waterside areas, (b) features of archaeological or historic interest in those areas, and (c) flora and fauna which are dependent on, or associated with, a marine or coastal, or aquatic or waterside, environment;
- the national fisheries authorities
means—
- the new JFS
means the replacement JFS or the JFS as amended.
- the Northern Ireland department
means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
- the Northern Ireland zone
has the same meaning as in the Northern Ireland Act 1998;
- the relevant document
means the document mentioned in sub-paragraph (1).
- the relevant national authority
means—
- the Special Area
means the Special Area, as defined in Article 4 of, and Schedule C to, the Faroe Islands Treaty;
- the Welsh zone
has the same meaning as in the Government of Wales Act 2006.”
- unauthorised catch of sea fish
means—
- United Kingdom waters
has the meaning it has in Regulation (EU) No 1380/2013.”
- Wales
includes the area of the Welsh zone beyond the seaward limit of the territorial sea.”
- Welsh catch quota
means so much of a catch quota as would (if not sold in accordance with the regulations) be available for distribution by the Welsh Ministers for use by Welsh fishing boats;
- Welsh effort quota
means so much of an effort quota as would (if not sold in accordance with the regulations) be available for distribution by the Welsh Ministers for use by Welsh fishing boats.
- Welsh fishing boat
means a fishing boat— (a) which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and (b) whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.