Schedule 2 - Regulation of Foreigh Fishing Boats

Part of Fisheries Bill [Lords] – in a Public Bill Committee at 11:45 am on 10th September 2020.

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Amendments made: 18, in schedule 2, page 44, line 19, leave out from “prohibition)” to end of line 20 and insert—

(a) in paragraph (1) omit “wherever caught”;

(b) in paragraph (2), after “applies” insert “(wherever caught)”;

(c) after paragraph (2) insert—

“(3) The landing in England or Northern Ireland from a foreign fishing boat of any sea fish to which this article applies that were caught in waters lying within British fishery limits is prohibited.””

This amendment exempts foreign vessels from restrictions in the Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 in relation to fish caught outside British fishery limits.

Amendment 19, in schedule 2, page 44, line 22, at end insert—

‘(4A) After article 4A insert—

“Fishing by Faroe Islands-licensed foreign fishing boats

4B (1) Nothing in article 3(2) or 4A(1) (fishing prohibition) applies in relation to fishing at any time by a Faroe Islands-licensed foreign fishing boat in waters lying within the Special Area unless, at that time, the fishing boat was included in the list maintained and published by the Scottish Ministers for the purposes of section 16(2A) of the Fisheries Act 2020.

(2) Nothing in article 4(3) (landing prohibition) applies in relation to fish that were caught by a Faroe Islands-licensed foreign fishing boat in waters lying within the Special Area unless, at the time they were caught, the fishing boat was included in the list maintained and published by the Scottish Ministers for the purposes of section 16(2A) of the Fisheries Act 2020.

(3) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—

“Faroe Islands-licensed”;

“the Special Area”.”

This amendment exempts foreign fishing boats from certain provisions of the Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.

Amendment 20, in schedule 2, page 44, line 36, at end insert—

‘(3A) After article 4 insert—

“Fishing by Faroe Islands-licensed foreign fishing boats

4A (1) Nothing in article 4 (landing prohibition) applies in relation to fish that were caught by a Faroe Islands-licensed foreign fishing boat in waters lying within the Special Area unless, at the time they were caught, the fishing boat was included in the list maintained and published by the Scottish Ministers for the purposes of section 16(2A) of the Fisheries Act 2020.

(2) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—

“Faroe Islands-licensed”;

“the Special Area”.”

This amendment exempts foreign fishing boats from certain provisions of the Undersized Edible Crabs Order 2000 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.

Amendment 21, in schedule 2, page 45, line 13, at end insert—

‘(2A) In article 3, in paragraph (3), at the end of sub-paragraph (c) insert “; or

(d) carried in, or used by, a Faroe Islands-licensed foreign fishing boat for the purpose of fishing in waters lying within the Special Area unless the fishing boat is, at the time it is so carried or used, included in the list maintained and published by the Scottish Ministers for the purposes of section16(2A) of the Fisheries Act 2020.”

(2B) In article 3, after paragraph (3) insert—

“(4) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—

“Faroe Islands-licensed”;

“the Special Area”.”

This amendment exempts foreign fishing boats from certain provisions of the Sea Fish (Specified Sea Areas) (Regulation of Nets and other Fishing Gear) Order 2001 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.

Amendment 22, in schedule 2, page 45, line 16, leave out “in relation to”

This is a minor amendment removing superfluous wording.

Amendment 23, in schedule 2, page 45, line 19, leave out “in relation to”

This is a minor amendment removing superfluous wording.

Amendment 24, in schedule 2, page 45, line 26, at end insert—

‘(2A) In article 3, in paragraph (2), at the end of sub-paragraph (c) insert—

“(d) to fishing at any time by a Faroe Islands-licensed foreign fishing boat in waters lying within the Special Area unless the fishing boat is, at that time, included

(2B) In article 3, after paragraph (2) insert—

“(3) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—

“Faroe Islands-licensed”;

“the Special Area”.”

This amendment exempts foreign fishing boats from certain provisions of the Prohibition of Fishing with Multiple Trawls Order 2001 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands.

Amendment 25, in schedule 2, page 46, line 11, at end insert “, or

(d) a foreign fishing boat outside British fishery limits.

‘(4) The prohibition in this article does not apply in relation to a net carried in, or deployed by, a Faroe Islands-licensed foreign fishing boat for the purpose of fishing in waters lying within the Special Area unless the fishing boat is, at the time it is so carried or deployed, included in the list maintained and published by the Scottish Ministers for the purposes of section 16(2A) of the Fisheries Act 2020.

(5) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—

“Faroe Islands-licensed”;

“the Special Area”.”

This amendment exempts foreign fishing boats from certain provisions of the Shrimp Fishing Nets Order 2002 where they are fishing in the Special Area and have a Faroe Islands licence. This is in order to comply with the treaty entered into with Denmark in 1999 on maritime delimitation in the area between the United Kingdom and the Faroe Islands. The amendment also clarifies that the Order only applies to foreign fishing boats when they are within British fishery limits.

Amendment 26, in schedule 2,page 46, line 34, at end insert—

‘(2A) In article 3, in paragraph (2), at the end of sub-paragraph (c) insert “, or

(d) to fishing at any time by a Faroe Islands-licensed foreign fishing boat in waters lying within the Special Area unless the fishing boat is, at that time, included in the list maintained and published by the Scottish Ministers for the purposes of section16(2A) of the Fisheries Act 2020.”

(2B) In article 3, after paragraph (2) insert—

“(3) In this article the following expressions have the same meaning as in section 16 of the Fisheries Act 2020—

“Faroe Islands-licensed”;