Session 2017-19
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 21 February 2019

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Consideration of Bill (Report Stage)


 

Fisheries Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

Mrs Sheryll Murray

 

Scott Mann

 

Martin Vickers

 

NC1

 

To move the following Clause—

 

         

“Exiting the Common Fisheries Policy

 

It shall be the duty of the Secretary of State to ensure that the UK leaves the

 

Common Fisheries policy no later than the end of 11 p.m. on 29th March 2019.”

 



 
 

Notices of Amendments: 21 February 2019                  

2

 

Fisheries Bill, continued

 
 

Mr Alistair Carmichael

 

NC2

 

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;

 

(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.”

 

Member’s explanatory statement

 

This new clause will 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

 

NC3

 

To move the following Clause—

 

         

“Remote electronic monitoring

 

(1)    

For the purposes of ensuring detailed and accurate documentation of all fishing

 

activities, monitoring compliance with fisheries and marine management

 

measures and recording levels of discarding and details of catch of target and non-

 

target species, all fishing boats over ten metres length overall fishing within

 

British fishery limits and all UK fishing boats over ten metres length overall

 

fishing within and outside of British fishery limits must have electronic

 

monitoring equipment comprising—

 

(a)    

one or more video cameras;

 

(b)    

any sensors or other devices needed to detect and record associated

 

information;

 

(c)    

an electronic system that is capable of recording video and associated

 

information;


 
 

Notices of Amendments: 21 February 2019                  

3

 

Fisheries Bill, continued

 
 

(d)    

a storage system that is capable of storing video and associated

 

information referred to in subsection (c) above for the duration that a

 

fishing boat is engaged in fishing activities; and

 

(e)    

any electrical systems, components, or software needed to support the

 

items described in paragraphs (a) to (d).

 

(2)    

The master of a fishing boat required to install electronic monitoring equipment

 

must ensure that the equipment—

 

(a)    

complies with any technical requirements specified in regulations made

 

under this section; and

 

(b)    

is installed, maintained and functions in accordance with any

 

requirements specified in regulations made under this section.

 

(3)    

A video camera need not be capable of recording sound.

 

(4)    

The electronic monitoring equipment on a fishing boat must be used to—

 

(a)    

record the fishing done from the fishing boat;

 

(b)    

record any marine biological resources and target and non-target species

 

taken as required to achieve the purposes set out in subsection (1) above;

 

(c)    

record any transportation of marine biological resources and target and

 

non-target species on the fishing boat (whether or not it was taken under

 

the licence attached to the fishing boat); and

 

(d)    

detect and record associated information in accordance with any

 

requirements specified in regulations made under this section.

 

(5)    

The video recording must be transmitted and made available to the fisheries

 

policy authorities in order to enable the fisheries policy authorities to—

 

(a)    

identify to the extent possible—

 

(i)    

the species of marine biological resources and target and non-

 

target species taken or transported;

 

(ii)    

the types and features of fishing gear used;

 

(iii)    

any technical bycatch mitigation measures used, and

 

(b)    

estimate the size and quantity of the marine biological resources and

 

target and non-target species, taken or transported.

 

(6)    

As soon as practicable after the master of a fishing boat becomes aware of a

 

mechanical or technical failure of electronic monitoring equipment such that it

 

cannot comply with the requirements of this section, it must notify the relevant

 

fisheries policy authority that it is unable to comply with the requirement and of

 

the reason.

 

(7)    

This section does not apply to fishing—

 

(a)    

by a fishing boat used wholly for the purpose of conveying persons

 

wishing to fish for pleasure; and

 

(b)    

by a British fishing boat outside of British fishery limits where it would

 

be unlawful to comply with this section under the laws of the relevant

 

coastal state.

 

(8)    

Where a fishing boat is used in contravention of the requirements set out in this

 

section, the master and the owner are each guilty of an offence.

 

(9)    

For further provision about an offence under subsection (8) (including provision

 

as to penalties), see—

 

(a)    

sections 14 to 16; and

 

(b)    

section 12 of the Sea Fisheries Act 1968 (recovering of fines) and section

 

13 of that Act (compensation in Scotland for damage caused by an

 

offence).


 
 

Notices of Amendments: 21 February 2019                  

4

 

Fisheries Bill, continued

 
 

(10)    

Without prejudice to subsections (1) to (9), further provision about the subject

 

matter of this section may be made by regulations made pursuant to—

 

(a)    

section 31, or

 

(b)    

Schedule 6.”

 

Member’s explanatory statement

 

This new clause will require monitoring of what is happening at sea, and contribute to an

 

ecosystem based approach to fisheries management through the generation of information on non-

 

target and protected species captured by fishing gears. This data will be used to inform responsive

 

fisheries management and support consumer confidence.

 


 

Mr Alistair Carmichael

 

NC4

 

To move the following Clause—

 

         

“Vessel monitoring systems

 

(1)    

All fishing boats fishing within British fishery limits and all UK fishing boats

 

fishing within and outside of British fishery limits must operate a vessel

 

monitoring system.

 

(2)    

This section does not apply to fishing—

 

(a)    

by a fishing boat used wholly for the purpose of conveying persons

 

wishing to fish for pleasure; and

 

(b)    

by a British fishing boat outside of British fishery limits where it would

 

be unlawful to comply with this section under the laws of the relevant

 

coastal state.

 

(3)    

Where a fishing boat is used in contravention of subsections (1) or (2), the master

 

and the owner are each guilty of an offence.

 

(4)    

For further provision about an offence under subsection (3) (including provision

 

as to penalties), see—

 

(a)    

sections 14 to 16; and

 

(b)    

section 12 of the Sea Fisheries Act 1968 (recovering of fines) and section

 

13 of that Act (compensation in Scotland for damage caused by an

 

offence).

 

(5)    

In this section—

 

“data” means information consisting of—

 

(a)    

the unique identifier of the fishing boat;

 

(b)    

the most recent geographical position of the fishing boat, with a

 

position error which shall be less than 500 metres, with a

 

confidence interval of 99 %;

 

(c)    

the date of the fixing of each geographical position of the fishing

 

boat;

 

(d)    

the time of the fixing of each geographical position of the fishing

 

boat;

 

(e)    

the instant speed of the fishing boat; and

 

(f)    

the instant course of the fishing boat,

 

“fisheries monitoring centre” means an operational centre—

 

(a)    

established by a relevant national authority, and

 

(b)    

equipped with computer hardware and software enabling—

 

(i)    

automatic reception;


 
 

Notices of Amendments: 21 February 2019                  

5

 

Fisheries Bill, continued

 
 

(ii)    

automatic processing; and

 

(iii)    

electronic transmission

 

    

of data received from satellite-tracking devices;

 

“vessel monitoring system” means a device which—

 

(a)    

is installed on board a fishing boat;

 

(b)    

is fully functional at all times; and

 

(c)    

transmits data—

 

(i)    

automatically every 20 minutes; and

 

(ii)    

when polled by a relevant national authority,

 

    

to a fisheries monitoring centre of a relevant fisheries policy

 

authority.

 

(6)    

Without prejudice to subsections (1) to (5), further provision about the subject

 

matter of this section may be made by regulations made pursuant to—

 

(a)    

section 31; or

 

(b)    

Schedule 6.”

 

Member’s explanatory statement

 

This new clause will strengthen the existing mechanisms for monitoring and control and includes

 

requiring transmission of position data on all vessels regardless of size.

 


 

Mr Alistair Carmichael

 

NC5

 

To move the following Clause—

 

         

“Factors when deciding action in respect of an alleged offence

 

(1)    

Subject to subsection (4), an enforcement authority, when deciding whether in

 

respect of an alleged offence under section 8(3), 9(6) or 11(5) or paragraph 1(4)

 

or 3(2) or (3) of Schedule 2 to—

 

(a)    

issue oral advice;

 

(b)    

issue an advisory letter;

 

(c)    

issue an official written warning;

 

(d)    

offer a financial administrative penalty; or

 

(e)    

pursue a criminal prosecution,

 

must take into account the factors set out in subsection (3).

 

(2)    

The factors referred to in subsection (1) are not exhaustive.

 

(3)    

The factors referred to in subsection (1) are—

 

(a)    

penalties should be effective, dissuasive and proportionate;

 

(b)    

the value of the catch taken in the course of the alleged offence;

 

(c)    

the—

 

(i)    

volume; or

 

(ii)    

weight,

 

    

of the catch taken in the course of the alleged offence;

 

(d)    

the impact on the marine environment of the alleged offence including

 

with reference to—

 

(i)    

any relevant fish species;

 

(ii)    

any relevant species other than fish; and

 

(iii)    

any relevant habitat,


 
 

Notices of Amendments: 21 February 2019                  

6

 

Fisheries Bill, continued

 
 

(e)    

the impact of the alleged offence on—

 

(i)    

any relevant other person; and

 

(ii)    

any relevant other person; and

 

(f)    

all previous sanctions applied to the alleged offender—

 

(i)    

in respect of all offences, relating to UK waters, under relevant

 

fisheries law in the previous ten years;

 

(ii)    

in respect of all offences, relating to waters beyond UK waters,

 

under relevant fisheries law in the previous ten years; and

 

(iii)    

by other countries in the previous ten years, where such

 

information is available,

 

(g)    

other alleged offences of the alleged offender detected at the same time

 

as the alleged offence.

 

(4)    

A financial administrative penalty must not be offered for any alleged offence

 

involving—

 

(a)    

obstruction of a British sea-fishery officer;

 

(b)    

failure to comply with requirements imposed by a British sea fishery

 

officer;

 

(c)    

preventing another person from complying with requirements imposed

 

by a British sea fishery officer;

 

(d)    

assaulting or threatening a British sea fishery officer; or

 

(e)    

assisting someone to assault or threaten a British sea fishery officer.

 

(5)    

In respect of the factors referred to in subsection (3)(d), an enforcement authority

 

must apply particular weight to—

 

(a)    

any species; and

 

(b)    

any habitat,

 

    

protected under relevant fisheries and environmental legislation.

 

(6)    

In respect of the factors referred to in subsection (3)(d)(ii) and (iii), an

 

enforcement authority must obtain the advice of the appropriate statutory

 

conservation body.

 

(7)    

The national register of infringements shall include details of how the factors

 

referred to in subsection (3) have been taken into account pursuant to subsection

 

(1).

 

(8)    

In this section—

 

“appropriate statutory conservation body” means—

 

(a)    

in respect of an area in England, Natural England;

 

(b)    

in respect of an area in Wales, the Natural Resources Body for

 

Wales;

 

(c)    

in respect of Scotland, Scottish Natural Heritage;

 

(d)    

in respect of Northern Ireland, Department of Agriculture,

 

Environment and Rural Affairs;

 

(e)    

in respect of an area outside the seaward limits of the territorial

 

sea, the Joint Nature Conservation Committee,

 

“the catch taken in the course of the alleged offence” includes—

 

(a)    

the catch of any target species; and

 

(b)    

the catch of any non-target species,

 

“enforcement authority” means an authority with the competence to apply

 

all of the options referred to in subsection (1)(a) to (e) and means—

 

(a)    

in relation to enforcement in England—

 

(i)    

the Marine Management Organisation; or


 
 

Notices of Amendments: 21 February 2019                  

7

 

Fisheries Bill, continued

 
 

(ii)    

the Inshore Fisheries Conservation Authority enforcing

 

in relation to an alleged offence in its inshore fisheries

 

conservation district;

 

(b)    

in relation to enforcement in Northern Ireland, Department of

 

Agriculture, Environment and Rural Affairs;

 

(c)    

in relation to enforcement in Scotland, Marine Scotland;

 

(d)    

in relation to enforcement in Wales, Welsh Ministers,

 

“most appropriate market” may include a market outside the UK;

 

“national register of infringements” means the national register referred to

 

in regulation 4 (85)(a) of The Common Fisheries Policy (Amendment

 

etc.) (EU Exit) Regulations 2018;

 

“person” includes a fisherman;

 

“relevant” means affected by the alleged offence; and

 

“value of the catch” means the value determined, wherever possible, by the

 

previous week’s average price at the most appropriate market.”

 

Member’s explanatory statement

 

This new clause will require a more effective sanctioning system to ensure that the provisions of

 

the bill are adequately enforced. This includes a list of factors that enforcement authorities must

 

take into account when deciding action in respect of an alleged offence, including a requirement

 

that penalties are “effective, dissuasive and proportionate”.

 

 


 

Richard Benyon

 

Peter Aldous

 

Zac Goldsmith

 

4

 

Clause  1,  page  1,  line  2,  at end insert—

 

“(A1)    

This section applies to any public authority having any function relating to fishing

 

activities or fisheries management.

 

(A2)    

Every public authority to which this section applies must exercise its functions in

 

order to achieve the fisheries objectives”

 

Member’s explanatory statement

 

This amendment would place a legal duty on any public authority with any function related to

 

fisheries to achieve the objectives. Without this duty objectives are established but with no clear

 

obligation for authorities to deliver them.

 

Mr Alistair Carmichael

 

8

 

Clause  1,  page  2,  line  21,  at end insert—

 

“(c)    

to ensure full and verifiable documentation of catches.”

 

Member’s explanatory statement

 

This amendment is to ensure the UK achieves full and verifiable documentation of catches to give

 

a true picture of what is being removed from the sea and in order to provide accurate scientific

 

data to ensure effective management of the shared stocks in UK waters.


 
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Revised 21 February 2019