Amendment 93

Part of Fisheries Bill [HL] - Committee (3rd Day) (Continued) – in the House of Lords at 6:00 pm on 9th March 2020.

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Baroness Bakewell of Hardington Mandeville:

Moved by Baroness Bakewell of Hardington Mandeville

93: Clause 23, page 15, line 23, at end insert—“(2A) When making a determination under subsection (1), the Secretary of State must engage with any other state that exploits a shared stock 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 fisheries objectives of this Act, and(b) fishing mortality is below levels which will restore or maintain those shared stocks above levels capable of producing the maximum sustainable yield.(2B) For the purposes of subsection (2A)(b), where the biomass of the stock or the level of fishing mortality consistent with achieving the maximum sustainable yield cannot be estimated reliably using the best available scientific advice, the Secretary of State must—(a) not postpone or fail to determine fishing opportunities for the stock on the ground that there is an absence of, or uncertainty in, that evidence,(b) have regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock, and(c) engage with any other state that exploits a shared stock with a view to ensuring that fishing opportunities are determined—(i) at a quantity which functions as a suitable proxy for maximum sustainable yield, and(ii) in a manner that is consistent with the scientific evidence objective and the precautionary objective.(2C) Where neither a formal agreement nor a common arrangement is made with another state that exploits a shared stock, the Secretary of State must—(a) take all necessary steps to ensure that fishing of shared stocks is carried out such that fishing mortality is below levels which will restore or maintain those shared stocks above levels capable of producing the maximum sustainable yield, and (b) provide, and make public, an annual report to the appropriate legislature outlining the steps taken pursuant to paragraph (a).(2D) For those stocks for which fishing opportunities are not determined pursuant to section 23(1), fisheries policy authorities must—(a) ensure that exploitation does not exceed the maximum sustainable yield exploitation rate, or(b) if the current biomass of the stock or the level of fishing mortality consistent with achieving the maximum sustainable yield cannot be estimated reliably using the best available scientific advice, ensure that exploitation—(i) does not exceed a level determined by a suitable proxy for maximum sustainable yield, having regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock, and(ii) is consistent with the scientific evidence objective and the precautionary objective.”