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A
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Bill
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To
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Provide
that the Fishery Limits Act 1976 shall have effect regardless of the
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provisions of the European Communities
Act 1972; that Part II of the Merchant
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Shipping Act 1988 shall have effect
as though it had not been repealed by the
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Merchant Shipping (Registration etc)
Act 1993; to confer upon the Secretary of
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State powers to license fishing vessels
to fish within United Kingdom waters;
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to exclude vessels of specified nations
or specified vessels from fishing United
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Kingdom waters; to negotiate common
policies with other countries to
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preserve fish stocks; to invalidate
any provisions of the Common Fisheries
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Policy of the European Community; and
for connected purposes.
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Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
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consent of the Lords Spiritual and
Temporal, and Commons, in this present
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Parliament assembled, and by the authority
of the same, as follows:—
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1 Effect
on Common Fisheries Policy
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(1) At
the date on which this Act comes into force (the “commencement date”)
the
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United Kingdom shall withdraw from
the Common Fisheries Policy of the
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European Union.
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(2) The
Fishery Limits Act 1976 (c. 86) shall have effect from the commencement
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date regardless of any provision of
community law to the contrary and
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notwithstanding the provisions of the
European Communities Act 1972 (c. 68).
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2 Amendment
of the Fishery Limits Act 1976
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(1) The
Fishery Limits Act 1976 is amended as follows.
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(2) In
section 2 (access to British fisheries), for subsection (2) there is substituted—
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“(2) A
foreign fishing boat not registered in a country for the time being
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designated
under subsection (1) shall not enter British fishery limits.
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(2A) For
the avoidance of doubt, Member countries of the European Union
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must
be designated under subsection (1) if fishing boats from those
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countries
are to fish within British fishery limits.
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(2B) No
country shall be designated under subsection (1) unless it has
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granted
reciprocal rights to fish in its waters to United Kingdom fishing
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boats.
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(2C) No
country shall be designated under subsection (1) unless it observes
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the
same, or more stringent, conservation measures in its waters as
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those
applied within British fishery limits.”
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(3) In
section 2, subsection (5) after “indictment to a fine” there
is inserted “or six
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months imprisonment”.
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(4)
After section 2 (access to British fisheries), there is inserted—
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“2A Licensing
of foreign fishing boats
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(1) Ministers
shall by order make provision for licensing fishing boats to
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fish
within British fishery limits.
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(2) The
total number of licences issued shall be at the discretion of
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Ministers.
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(3) No
fishing boat shall fish within British fishery limits without a licence
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granted
under subsection (1).
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(4) A
contravention of subsection (3) shall be subject to the same penalties
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as
for a contravention under section 2.
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2B Landing
of fish
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(1) All
fish caught within British fishery limits by fishing boats of any
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country
shall be—
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(a) landed
at a port within the United Kingdom, Isle of Man or the
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Channel
Islands, or
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(b) reported
to Ministers and made available for inspection.
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(2) Subsection
(1) shall not apply to fishing boats registered in Faeroe
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Islands,
Iceland, Ireland and Norway if those countries enter into
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exchange
of access agreements with the United Kingdom.
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(3) Ministers
may by order give permission to certain factory ships to enter
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British
fishery limits to land catches at ports within the United
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Kingdom,
Isle of Man or the Channel Islands.
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(4) A
contravention of subsection (1) shall be subject to the same penalties
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as
for a contravention under section 2
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2C Consultation
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(1) Ministers
shall consult Ministers of the Governments of Iceland,
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Ireland
and Norway in respect of—
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(a) all
matters concerned with the administration of this Act, and
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(b) deep
sea fishing policy generally.”
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(5) In
section 6, after subsection (1) there is inserted—
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“(1A) A
statutory instrument containing an order under sections 2A and 2B,
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is
not to be made unless—
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(a) in
case of an order made by the Secretary of State for the
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Environment,
Food and Rural Affairs, a draft of the instrument
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has
been laid before, and approved by resolution of, each House
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of
Parliament,
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(b) in
case of an order made by the Scottish Ministers, a draft of the
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instrument
has been laid before, and approved by resolution of,
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the
Scottish Parliament.”
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(6) In
section 8, there is inserted—
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“Ministers”
means, in relation to England, the Secretary of State for the
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Environment,
Food and Rural Affairs, in relation to Northern Island,
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the
Department of Agriculture and Rural Development, in relation to
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Scotland,
Scottish Ministers, in relation to Wales, the National
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Assembly
for Wales.
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3 Financial
provision
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There
shall be paid out of money provided by Parliament—
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(a) any
expenditure of the Secretary of State in consequence of this Act; and
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(b) any
increase attributable to this Act in the sums payable out of money so
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provided
by virtue of any other Act.
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4 Citation,
extent and commencement
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(1) This
Act may be cited as the Fishery Limits (United Kingdom) Act 2003.
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(2) This
Act extends to England, Northern Ireland, Scotland and Wales.
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(3) This
Act shall come into force on the date on which it is passed.
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