On 23rd November 2020, the Fisheries Bill gained royal assent and is now enshrined in UK law as the Fisheries Act 2020. This comes as the UK prepares to fully leave the EU, following the end of the transition period on 1st January 2021. The Fisheries Act 2020 (the Act) gives the UK full control of its fishing waters for the first time since 1973.
Fisheries Objectives
The Fisheries Act begins by listing eight fisheries objectives, which set out the overall aims of the Act:
The Act itself does not set out the specifics of how these objectives will be achieved. Rather, it creates a legal requirement for the UK’s four national fisheries policy authorities (Marine Management Organisation (MMO), Scottish Ministers, Welsh Ministers, and the Northern Ireland department) to produce a Joint Fisheries Statement (JFS) that will lay out how these objectives will be met. The Act requires these authorities to produce the JFS within two years of the Fisheries Act being passed.
Joint Fisheries Statement
There are several reasons why the Act delegates the task of fulfilling the eight objectives rather than putting legislation in place itself. Firstly, the majority of fisheries policy is devolved, and so the authority and responsibility for legislation lies with separate authorities in England, Scotland, Wales and Northern Ireland, rather than with the central UK government. (Find out more about UK fisheries authorities here.)
Secondly, the framework nature of the legislation means that fisheries policy can be flexible, and responsive to changing circumstances. The Joint Fisheries Statement (JFS) will aim to encompass region-specific legislation that can be adapted when it needs to be.
The JFS will encompass several aspects of policy, namely:
Distribution of allocated quota to fishing vessels and Producer Organisations.
Fisheries management plans, broken down by stock, type of fishing and geographical area.
Actions to maintain or restore stocks to a level capable of producing maximum sustainable yield (MSY) within the fisheries management plans. (See graphic below.)
Alongside the JFS will be a Secretary of State Fisheries Statement (SSFS), which fulfils a similar purpose to the JFS but concerns only reserved functions - those that are centrally controlled by the UK government - that are not to be otherwise covered in the JFS. Most importantly, the SSFS will set overall UK catch and effort quotas, and their distribution between the four administrations. The Secretary of State (SoS) can also make provision to implement regulations relating to international fisheries obligations for the UK, conservation, or improvements for the fishing industry (such as commercial development or improving traceability).
The Act states that the JFS can be amended or replaced at any time, and must also be reviewed at least once every six years. Any draft amendments or replacements (as well as the draft of the first JFS) will undergo a public consultation. Once the JFS is in place, fisheries authorities must follow its policies, unless relevant circumstances change. These circumstances include: international obligations; actions by other states that affect UK waters; new scientific evidence; or new evidence on sustainable development. Before making changes to the JFS, fisheries authorities are obliged to describe and explain how circumstances have changed in a way that affects the fulfilment of the Act’s fisheries objectives.
Every three years, the four fisheries authorities must also report on the implementation and effects of the JFS to the relevant parliamentary powers in each of the four countries of the UK. The SoS must do similar for the SSFS, reporting to Parliament following the SoS’s consultation with ministers from the three devolved administrations.
Licensing of fishing boats
The Act specifies that any fishing by a British vessel requires a licence, apart from in very specific circumstances (e.g. salmon and trout fishing, small boats without an engine, purely recreational fishing or within the waters of the Crown Dependencies). Licences are granted by the relevant fisheries authority, and are specific to fishing area, time period, quantity and description of fish, and fishing method.
Under the new Act, foreign fishing vessels can only enter UK waters if they are fishing with a relevant sea fishing licence, or for a purpose recognised in an international agreement between the UK and other nations. Licenses can be granted by any of the four fisheries authorities via the newly created Single Issuing Authority, but only for the waters they represent (e.g. Scottish Ministers can only grant licenses for Scottish waters). These licences are dependent on international negotiations, which at time of writing are yet to be concluded. Like licences for British vessels, these are also specific to fishing area, time period, quantity of fish and fishing method.
Penalties for British or foreign vessels (or associated corporate bodies) that do not follow this legislation include fines, licence disqualification, and seizure of fish and fishing gear.
Fishing opportunities
As part of their reserved power, the SoS determines:
Maximum quantity of fish caught by British fishing vessels (catch quota)
Maximum days at sea for British fishing vessels (effort quota)
These allocations can be broken down by the SoS by type of fish caught, area of sea, and type of fishing boat. However, the SoS cannot break down these allocations according to British vessels’ home port or connection to any other place in the UK. The SoS can also only make these determinations following consultation with the four fisheries authorities. (Find out more about catch and effort quotas here.)
Once these UK-wide figures are set, the four national fisheries authorities then distribute their allotted catch quotas and effort quotas among the fishing vessels within their respective nation. Quota distribution must be transparent and objective, and must also include criteria relating to environmental impact, history of compliance, the contribution of fishing to the local economy, and historic catch levels. Quota distribution must also incentivise use of selective fishing gear and fishing techniques with a lower environmental impact.
To determine whether catch quotas are exceeded, vessels must comply with the Landing Obligation, which has been retained from the EU Common Fisheries Policy. (Find out more about the Landing Obligation here.)
The SoS can sell the rights to English catch and effort quotas to non-English operators. This can be via competitive tender or auction, and the SoS also has the power to determine who is eligible or ineligible to buy this quota. In terms of licences, the MMO will regulate the holders of these quotas in the same way as English vessels.
England-specific measures
The Bill contains a number of legislative points specific to England, concerning powers that would fall under the remit of devolved authorities elsewhere.
The SoS can establish a ‘charging scheme’ to charge those making unauthorised catches of fish in English waters. Such a scheme will detail how to calculate charge and arrange payments. The payments made for breaches in legislation may be used by the SoS to cover the costs of charge collectors and/or for conservation or charitable purposes.
The SoS can give financial assistance to initiatives within England that promote environmental conservation or restoration, promotion or development of fisheries activities (including aquaculture and recreational fishing), health and safety, training, and economic development or social improvement, among others. This assistance can extend to areas within the UK marine area that are not part of devolved zones.
The SoS is also capable of giving the MMO powers to impose charges related to fishing quotas, monitoring and compliance, first-sales registrations, and catch certificates for import and export of fish.
What happens now?
The Fisheries Act provides the framework for UK fishing policy, but much of the specific legislation regarding fisheries management is yet to come. The changes to licensing, both for British or foreign vessels, will likely be the most visible immediate change, although how the fisheries authorities will manage licences for foreign vessels depends on UK-EU negotiations. Other international aspects, such as quota and market access, are also yet to be fully negotiated with the EU.
The Joint Fisheries Statement will ultimately provide the keystone for national fisheries management, but there is up to two years of development until this is published. Until then, the fisheries authorities are able to (independently or jointly) publish fisheries management plans for particular fish stocks, fishing types and areas of sea. It is these fisheries management plans that will principally inform the fishing industry in the near future.