Session 2017-19
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Notices of Amendments: 13 December 2018                  

8

 

Fisheries Bill, continued

 
 

            

A function or activity of a cross-border body is “relevant” if it relates

 

to fishing, fisheries or fish health.””

 

Member’s explanatory statement

 

This new clause would extend the legislative competence of the National Assembly for Wales to

 

include provision about fishing, fisheries or fish health in the offshore part of the Welsh Zone.

 


 

George Eustice

 

NC22

 

To move the following Clause—

 

         

“Fisheries agreement between the UK and the EU

 

(1)    

This section applies if—

 

(a)    

the United Kingdom and the EU enter into a withdrawal agreement, and

 

(b)    

pursuant to that agreement, the Secretary of State enters into negotiations

 

with the EU, on behalf of the United Kingdom, for an agreement about

 

the management of shared stocks (a “fisheries agreement”).

 

(2)    

The Secretary of State must pursue the following two objectives when negotiating

 

a fisheries agreement.

 

(3)    

The first objective is that the agreement should provide for annual negotiations to

 

determine fishing opportunities.

 

(4)    

The second objective is that the agreement should have the effect that Union

 

fishing boats are not granted access to UK waters in any year unless the fishing

 

opportunities for that year that are available for distribution by the United

 

Kingdom are (looked at in the round) greater than those that would have been so

 

available under relative stability.

 

(5)    

The reference in subsection (4) to the fishing opportunities for any year that

 

would have been available for distribution by the United Kingdom “under relative

 

stability” is to the fishing opportunities that would, in the opinion of the Secretary

 

of State, have been so available for that year under the common fisheries policy,

 

were the United Kingdom still a member of the EU.

 

(6)    

In this section—

 

“exclusive economic zone” has the meaning given by Part 5 of the United

 

Nations Convention on the Law of the Sea 1982 (Cmnd 8941);

 

“fishing opportunities” means—

 

(a)    

the maximum quantities of shared stocks of particular

 

descriptions that may be caught annually in particular areas

 

within UK and Union waters, and

 

(b)    

the maximum number of days that fishing boats may spend at sea

 

annually, in particular areas within UK and Union waters,

 

fishing for particular descriptions of shared stocks;

 

“shared stocks” means stocks of sea fish which are found—

 

(a)    

in waters within the exclusive economic zone of the United

 

Kingdom, and

 

(b)    

in waters within the exclusive economic zone of a member State;

 

“UK waters” means waters within British fishery limits;

 

“Union fishing boat” means a fishing vessel flying the flag of a member

 

State and registered in the EU;

 

“Union waters” has the meaning given by Article 4 of the Common

 

Fisheries Policy Regulation;


 
 

Notices of Amendments: 13 December 2018                  

9

 

Fisheries Bill, continued

 
 

“withdrawal agreement” means an agreement setting out the arrangements

 

for the withdrawal of the United Kingdom from the EU in the terms (or

 

essentially in the terms) endorsed by the meeting of the European

 

Council held on 25 November 2018.”

 

Member’s explanatory statement

 

This new clause would require the Government, when negotiating an agreement with the EU about

 

fisheries, to pursue the objectives that fishing opportunities should be subject to annual

 

negotiation, and that the UK should receive more fishing opportunities than it does under the

 

common fisheries policy.

 


 

Brendan O’Hara

 

Alan Brown

 

Deidre Brock

 

NC1

 

To move the following Clause—

 

         

“Sea Fish Industry Authority: powers in relation to parts of UK etc.

 

(1)    

The Fisheries Act 1981 is amended as follows.

 

(2)    

In section 2(1) (duties of the Authority)—

 

(a)    

after the third “of” insert, “(amongst other things)”,

 

(b)    

delete the words “as a whole”.

 

(3)    

After section 3 (powers of the Authority), insert—

 

“3A    

Exercise of functions in relation to different parts of the UK etc.

 

The Authority may exercise its functions separately and differently in

 

relation to—

 

(a)    

the sea fish industry in different parts of the United Kingdom,

 

(b)    

sea fish and sea fish products landed in different parts of the

 

United Kingdom,

 

(c)    

sea fish and sea fish products trans-shipped in different parts of

 

the sea within British fishery limits adjacent to different parts of

 

the United Kingdom.

 

3B      

Delegation of functions

 

(1)    

The Authority may authorise any other person to exercise on its behalf

 

such of its functions and to such extent as it may determine.

 

(2)    

The Authority may give to any person authorised under this section to

 

exercise any of its functions—

 

(a)    

financial assistance (by way of loan, grant or guarantee),

 

(b)    

other assistance including assistance by way of the provision of

 

property, staff or services, for the purposes of those functions.

 

(3)    

The giving of authority under this section to exercise a function does

 

not—

 

(a)    

affect the Authority’s responsibility for the exercise of the

 

function, or

 

(b)    

prevent the Authority from exercising the function itself.”.


 
 

Notices of Amendments: 13 December 2018                  

10

 

Fisheries Bill, continued

 
 

(4)    

In section 11 (accounts and reports), after subsection (7) insert—

 

“(7A)    

The report must include details of how income received from

 

levies imposed under section 4 has been applied in the financial

 

year in respect of each part of the United Kingdom by the

 

Authority in exercising its functions including in particular

 

details, in respect of each part of the United Kingdom, of how the

 

income has been applied by the Authority in—

 

(a)    

promoting the efficiency of the sea fish industry in that part,

 

(b)    

promoting the marketing and consumption of, and the export of,

 

sea fish and sea fish products relating to that part.”.

 

(5)    

In schedule 1 (the Sea Fish Industry Authority), in paragraph 16—

 

(a)    

before sub-paragraph (1) insert—

 

  “(A1)  

The Authority must appoint a committee for the purpose of

 

assisting the Authority in the exercise of its functions in

 

relation to the sea fish industry in Scotland.

 

    (A2)  

The committee is to consist of or include persons who are not

 

members of the Authority.

 

    (A3)  

The Authority must consult the committee on the exercise of

 

its functions in relation to the sea fish industry in Scotland.”,

 

(b)    

in sub-paragraph (1), before “committees” insert “other”,

 

(c)    

in sub-paragraph (2), for “such committees” substitute

 

“committees appointed under this paragraph”.”

 

Member’s explanatory statement

 

This new clause would give the Sea Fish Industry Authority greater flexibility to exercise its

 

functions separately and differently in different parts of the UK. It would also require Seafish to

 

report how income received from the levies it imposes has been applied in respect of each part of

 

the United Kingdom.

 


 

Brendan O’Hara

 

Alan Brown

 

Deidre Brock

 

NC2

 

To move the following Clause—

 

         

“Fisheries payments to the Scottish Ministers

 

After exit day, the Secretary of State must make available to the Scottish

 

Ministers each year sums which are at least equivalent to the sums made available

 

to the Scottish Ministers in the year prior to exit day for the purpose of

 

expenditure under the European Maritime and Fisheries Fund (established under

 

Article 4 of Regulation (EU) No 508/2014 of the European Parliament and of the

 

Council of 15 May 2014 on the European Maritime and Fisheries Fund).”

 



 
 

Notices of Amendments: 13 December 2018                  

11

 

Fisheries Bill, continued

 
 

Brendan O’Hara

 

Alan Brown

 

Deidre Brock

 

NC3

 

To move the following Clause—

 

         

“Sea Fish Industry Levies

 

(1)    

The Fisheries Act 1981 is amended as follows.

 

(2)    

In section 4 (levies)—

 

(a)    

in subsection (2), for “Ministers” substitute “appropriate Ministerial

 

authority”,

 

(b)    

in subsection (7), for “Ministers” substitute “appropriate Ministerial

 

authority”,

 

(c)    

after subsection (8) insert—

 

“(8A) In this section, “appropriate Ministerial authority” means—

 

(a)    

in relation to sea fish or sea fish products landed in Scotland or

 

trans-shipped within the Scottish zone, the Scottish Ministers,

 

(b)    

in any other case, the Ministers.”,

 

(d)    

in subsection (9), after “order” in both places where it occurs insert “of

 

the Ministers”,

 

(e)    

after subsection (9) insert—

 

“(9A)    

Any order of the Scottish Ministers—

 

(a)    

under subsection (2) is subject to the negative procedure,

 

(b)    

under subsection (7) is subject to the affirmative

 

procedure.”.

 

(3)    

In section 11 (accounts and reports), after subsection (2) insert—

 

“(2A)    

The statement of accounts must specify the total amount of income

 

received in the financial year from levies imposed under section 4 in

 

relation to sea fish or sea fish products landed in Scotland or trans-

 

shipped within the Scottish zone.”.

 

(4)    

In section 14 (interpretation of Part 1)—

 

(a)    

in the definition of “the Ministers”, in paragraph (c), after “with” insert

 

“(except in the case of an order under section 4(2) or (7))”,

 

(b)    

after that definition insert—

 

““Scotland” and “the Scottish zone” have the same meanings as in

 

the Scotland Act 1998 (see section 126(1) and (2) of that Act);”.

 

(5)    

In schedule 2 (Sea Fish Industry Levies)—

 

(a)    

for “Ministers” in each place where it occurs substitute “appropriate

 

Ministerial authority”,

 

(b)    

after paragraph 3 insert—

 

“4         

In this schedule, “appropriate Ministerial authority” has the

 

same meaning as in section 4 of this Act”.”.

 

Member’s explanatory statement

 

This new clause seeks to devolve control of the Scottish aspects of levies imposed by Seafish to the

 

Scottish Ministers to ensure inter alia that levies imposed in relation to fish or fish products landed

 

in Scotland, or trans-shipped in Scottish waters, require confirmation by Scottish Ministers, and

 

that Scottish Ministers may by order increase the rate of such levies.

 



 
 

Notices of Amendments: 13 December 2018                  

12

 

Fisheries Bill, continued

 
 

Jim Shannon

 

NC6

 

To move the following Clause—

 

         

“Expert advisory committee

 

(1)    

The Secretary of State must by regulations establish an expert advisory

 

committee to be consulted on the making or withdrawal of determinations under

 

section 18.

 

(2)    

The Secretary of State shall appoint as many members of the committee as they

 

see appropriate.

 

(3)    

The members of the committee will be appointed based on being—

 

(a)    

representatives of the fisheries and aquaculture industries,

 

(b)    

experts in marine, fishery, or aquaculture science, or

 

(c)    

representatives of the fisheries policy authorities.

 

(4)    

In addition to being consulted on in accordance with section 19(1)(e), the

 

committee shall have the power to report from time to time on matters related to

 

fisheries policy, and the fisheries policy authorities may consult the committee on

 

any matter related to fisheries policy.

 

(5)    

Regulations under this section may make further provision about the constitution

 

of the committee.

 

(6)    

Regulations under this section are subject to the affirmative procedure.”

 


 

Jim Shannon

 

NC7

 

To move the following Clause—

 

         

“Prohibition on future agreements regarding equal access or EU quota

 

(1)    

Her Majesty’s Government shall not enter into any international agreement that

 

requires—

 

(a)    

EU fishing vessels to the granted equal access to waters within United

 

Kingdom fishery limits, or

 

(b)    

the maintenance of catch quotas or effort quota in line with the law of the

 

European Union.

 

(2)    

If, at the time of this section coming into force, the United Kingdom is a party to

 

any international agreement that is prohibited under subsection (1), then Her

 

Majesty’s Government must immediately withdraw from the agreement so that

 

the United Kingdom is no longer a party to it.”

 



 
 

Notices of Amendments: 13 December 2018                  

13

 

Fisheries Bill, continued

 
 

Peter Aldous

 

NC8

 

To move the following Clause—

 

         

“Political representation and accountability for English fisheries

 

management

 

(1)    

The Secretary of State must conduct a consultation on proposals to establish

 

appropriate political representation and accountability arrangements for English

 

fisheries management.”

 

Member’s explanatory statement

 

This new clause requires a consultation on proposals to establish the suitable political

 

representation and accountability for English fisheries management.

 


 

Peter Aldous

 

NC9

 

To move the following Clause—

 

         

“Ban on electric pulse fishing

 

    

A person commits an offence if they use, in order to catch fish, any form of

 

electric pulse fishing technology on towed or otherwise mobile equipment within

 

British fishery limits.”

 


 

Peter Aldous

 

NC10

 

To move the following Clause—

 

         

“Ban on sandeel fishing

 

    

A person commits an offence if they fish with the intent of catching any species

 

in the genus Ammodytes.”

 


 

Mr Alistair Carmichael

 

NC11

 

To move the following Clause—

 

         

“Managing shared stocks

 

(1)    

Where shared stocks of common interest are also exploited by other coastal states,

 

the Secretary of State must engage with those states with a view to ensuring

 

that—

 

(a)    

shared stocks are managed in accordance with the UK’s international law

 

obligations and in accordance with the objectives of this Act;


 
 

Notices of Amendments: 13 December 2018                  

14

 

Fisheries Bill, continued

 
 

(b)    

fishing mortality is below levels which will restore or maintain those

 

shared stocks above levels capable of producing the maximum

 

sustainable yield; and

 

(c)    

the impacts of fishing on the marine environment are avoided or, where

 

avoidance is not possible, demonstrably minimised.

 

(2)    

The Secretary of State must endeavour to establish bilateral or multilateral

 

agreements with other coastal states for the joint management of shared stocks of

 

common interest.

 

(3)    

Where no formal agreement is reached, the Secretary of State must make every

 

effort to reach common arrangements with other coastal states for fishing of

 

shared stocks of common interest.

 

(4)    

Where neither a formal agreement nor a common arrangement is reached, the

 

Secretary of State must—

 

(a)    

take all necessary steps to ensure that fishing of shared stocks of common

 

interest is carried out such that the relevant stocks are maintained above

 

levels capable of producing the maximum sustainable yield; and

 

(b)    

provide and make publicly available an annual report to the appropriate

 

legislature outlining the steps taken pursuant to subsection (a) above.

 

(5)    

In setting total allowable catches in the UK exclusive economic zone for shared

 

stocks of common interest, the Secretary of State may not increase the total

 

allowable catch for any particular shared stock for UK fishing vessels apart from

 

in the circumstances provided for in subsections (6) and (7).

 

(6)    

Where a coastal state with which a shared stock is jointly managed has reduced

 

the total allowable catch available within its territory and—

 

(a)    

the Secretary of State is confident that this new total allowable catch will

 

be complied with and enforced; and

 

(b)    

the coastal state consents to the UK increasing its total allowable catch,

 

then the Secretary of State may increase the UK total allowable catch by an

 

amount not exceeding the amount by which the other coastal state has decreased

 

its total allowable catch.

 

(7)    

Where the best available scientific advice on a shared stock confirms that fishing

 

mortality of that stock can be increased without reducing the stock below a level

 

capable of producing the maximum sustainable yield, then the Secretary of State

 

may increase the UK total allowable catch in proportion to the change in

 

recommend fishing mortality and the UK’s agreed share of total allowable catch

 

for that stock.”

 

Member’s explanatory statement

 

The purpose of this amendment is to set clear sustainability criteria in relation to negotiations with

 

other countries to ensure that a clear and robust process can be developed to prevent overfishing.

 


 

Mr Alistair Carmichael

 

NC12

 

To move the following Clause—

 

         

“Duty to ensure adequate monitoring and enforcement

 

(1)    

The fisheries policy authorities must ensure that all fishing vessels fishing within

 

British fishery limits and all UK vessels fishing both within and outside of British

 

fishery limits must have installed on board a fully functioning device which

 

allows that vessel to be automatically located and identified through the vessel


 
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Revised 13 December 2018