Fisheries Jurisdiction Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Fisheries Jurisdiction Bill

Fisheries Jurisdiction Bill

1

A

Bill

To

Make provision for withdrawal from the Common Fisheries Policy of the

European Union; to amend the Fishery Limits Act 1976; to make provision

about the exercise of functions under that Act by Scottish Ministers, the

National Assembly for Wales, Northern Ireland Ministers and the Secretary of

State; to provide that that Act shall have effect regardless of the provisions of

the European Communities Act 1972; to define English, Scottish, Welsh and

Northern Irish waters; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1

Effect on Common Fisheries Policy

(1)

At the date on which this Act comes into force (the “commencement date”) the

United Kingdom shall withdraw from the Common Fisheries Policy of the

European Union.

(2)

The Fishery Limits Act 1976 (c. 86) shall have effect from the commencement

5

date regardless of any provision of community law to the contrary and

notwithstanding the provisions of the European Communities Act 1972 (c. 68)

(in this Act referred to as “the 1972 Act”).

2

Amendment of the Fishery Limits Act 1976

(1)

The Fishery Limits Act 1976 is amended as follows.

10

(2)

In section 2 (access to British fisheries)—

(a)

for subsection (1) there is substituted—

“(1)

The Ministers may by order designate any country outside the

United Kingdom, the Channel Islands and the Isle of Man (“a

foreign country”) and, in relation to it, areas within British

15

fishery limits, including English, Northern Irish, Scottish or

Welsh waters, in which, and descriptions of sea fish for which,

Bill 73 53/4

Fisheries Jurisdiction Bill

2

fishing boats registered in that country may fish provided that

they have been licensed under section 2A to do so.”; and

(b)

for subsection (5)(a) there is substituted—

“(a)

the owners or operators and master of the boat are liable

on summary conviction to a fine not exceeding £50,000

5

or on conviction on indictment to a fine or six months

imprisonment;”.

(3)

After section 2 (access to British fisheries), there is inserted—

“2A

Licensing of fishing boats

(1)

The Ministers shall make regulations to make provision for them to

10

license fishing boats to fish within English, Northern Irish, Scottish and

Welsh waters respectively.

(2)

In issuing licences under regulations under subsection (1) the Ministers

shall have regard to the desirability of—

(a)

preserving fish stocks and protecting the natural environment;

15

and

(b)

ensuring that licensed boats registered in England, Northern

Ireland, Scotland and Wales enjoy reciprocal rights to fish in

one another’s waters based on established and historic

practices.

20

(3)

The total number of licences so issued shall be at the discretion of the

Ministers.

(4)

No fishing boat shall fish within English, Northern Irish, Scottish, or

Welsh waters without a licence granted under regulations under

subsection (1).

25

(5)

No licence shall be issued to the fishing boat of a foreign country unless,

in the opinion of the Minister issuing the licence—

(a)

that country has granted reciprocal rights to fish in its waters to

United Kingdom fishing boats;

(b)

it observes the same conservation measures in its waters as

30

those applied within British fishery limits, or has conservation

measures more stringent; or

(c)

the owner or operators of a fishing boat have bought a licence at

a price to be determined by regulations.

(6)

Regulations made under this section shall not come into effect unless—

35

(a)

in the case of regulations made by the Secretary of State, a draft

of the regulations has been laid before, and approved by

resolution of, each House of Parliament,

(b)

in the case of regulations made by the Northern Ireland

Ministers, a draft of the regulations has been laid before, and

40

approved by resolution of, the Northern Ireland Assembly; and

(c)

in the case of regulations made by the Scottish Ministers, a draft

of the regulations has been laid before, and approved by

resolution of, the Scottish Parliament.

(7)

A contravention of subsection (4) shall be subject to the same penalties

45

as for a contravention under section 2.

Fisheries Jurisdiction Bill

3

2B

Landing of fish

(1)

All fish caught within English, Northern Irish, Scottish or Welsh waters

or within other waters within British fishery limits by fishing boats of

any country shall be—

(a)

landed at a port within the United Kingdom, Isle of Man or the

5

Channel Islands, or

(b)

reported to the Ministers and made available for inspection.

(c)

landed at other ports as may be determined by the Ministers.

(2)

Subsection (1) shall not apply to—

(a)

fishing boats registered in countries which have entered into

10

exchange of access agreements with the United Kingdom, and

(b)

pelagic trawlers fishing under a fishery agreement with Nordic

Council countries.

(3)

The Ministers may by order give permission to factory ships to enter

English, Northern Irish, Scottish or Welsh waters, or within other

15

waters within British fishery limits, to land catches at ports within the

United Kingdom, Isle of Man or the Channel Islands at prices to be

negotiated annually.

(4)

A contravention of this section shall be subject to the same penalties as

a contravention under section 2.

20

2C

Consultation

The Ministers shall consult Ministers of states with contiguous waters

in respect of—

(a)

all matters concerned with the administration of this Act, and

(b)

deep sea fishing policy generally.”

25

(4)

In section 8 (interpretation)—

(a)

after the definition of “enactment”, insert—

“‘English waters’, ‘Northern Irish waters’, ‘Scottish

waters’ and ‘Welsh waters’ shall be construed in

accordance with the provisions of section 3 of the

30

Fisheries Jurisdiction Act 2005;”;

(b)

for the definition of “the Ministers”, substitute—

“‘the Ministers’ means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Northern Ireland, Northern Ireland

35

Ministers;

(c)

in relation to Scotland, Scottish Ministers; and

(d)

in relation to Wales, the National Assembly for

Wales;”; and

(c)

after the definition of “Ministers”, insert—

40

“‘Nordic Council countries’ means—

(a)

Denmark,

(b)

the Faroe Islands,

(c)

Greenland,

(d)

Finland,

45

(e)

Iceland,

(f)

Norway, and

Fisheries Jurisdiction Bill

4

(g)

Sweden;”.

3

Definition of waters

(1)

For the purposes of this Act, “Northern Irish waters” and “Scottish waters” are

defined as follows—

“Northern Irish waters” has the same meaning as the Northern Ireland

5

zone in the Adjacent Waters Boundaries (Northern Ireland) Order 2002

(S.I. 2002/791); and

“Scottish waters” has the same meaning as “the internal waters or

territorial sea of the United Kingdom adjacent to Scotland” in the

Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).

10

(2)

The Scottish Adjacent Waters Boundaries Order 1999 is amended by

substituting for the table in Schedule 1, Part 1 (boundary off the east coast of

Great Britain), the co-ordinates set out for the boundary in the Continental

Shelf Jurisdiction Order (S. I. 1968/891).

(3)

The Secretary of State shall make regulations to define “English waters”, but

15

the definition so given shall not include Northern Irish waters or Scottish

waters.

(4)

Regulations made under subsection (3) shall not come into effect unless a draft

of the regulations has been laid before, and approved by a resolution of, each

House of Parliament.

20

(5)

“Welsh waters” shall be defined in regulations made by the National Assembly

for Wales, but the definition so given shall not include English waters,

Northern Irish waters or Scottish waters.

4

Amendment of the Northern Ireland Act 1998 and the Scotland Act 1998

(1)

Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters) is

25

amended as set out in subsections (2) and (3).

(2)

In paragraph 3 (international relations), after sub-sub-paragraph (c), insert—

    “(d)

negotiating with other states in relation to fisheries.”

(3)

In paragraph 19 (regulation of sea fishing outside the Northern Ireland zone),

after the word “boats”, insert the words “and negotiating with other states in

30

relation to fisheries.”

(4)

Schedule 5 to the Scotland Act 1998 (c. 46) (reserved matters) is amended as set

out in subsection (5).

(5)

In paragraph 7 (foreign affairs), after sub-paragraph (2)(b), insert—

“(c)

negotiating with other states in relation to fisheries.”

35

5

Citation, extent and commencement

(1)

This Act may be cited as the Fisheries Jurisdiction Act 2005.

(2)

This Act extends to Northern Ireland and Scotland.

(3)

For the avoidance of doubt, this Act shall take effect notwithstanding the

Community obligations of the United Kingdom as defined in the 1972 Act and

40

notwithstanding any provisions to the contrary in any Community treaty and

Fisheries Jurisdiction Bill

5

section 2(4) of the 1972 Act; and the Government of Wales Act 1998 (c. 38), the

Northern Ireland Act 1998 and the Scotland Act 1998 shall be taken to be

amended accordingly.

(4)

This Act shall come into force on 1 January 2006 or on the date on which it is

passed, whichever is the later.

5