I beg to move Amendment 111, in Clause 24, page 16, line 14, leave out “may determine” and insert “must determine”.

This amendment makes it compulsory for the Secretary of State to make a determination relating to fishing opportunities.

Labour’s amendments to clause 24 relate to the Secretary of State’s function of setting the maximum quantity of sea fish that may be caught by fishing boats, both British and foreign, and the days that they may spend at sea during a specified period. Further to the argument made by my hon. Friend the Member for Plymouth, Sutton and Devonport, this amendment seeks to make that an affirmative rather than a negative process.

The current drafting of Clause 24 gives a statutory power to the Secretary of State to determine UK fishing opportunities. The power may be exercised only where necessary to comply with the UK’s international obligations. Although most determinations are likely to be made to implement any obligations resulting from negotiations with other states, the Secretary of State could also make a determination to implement the UK’s sustainable fishing duties under international law. A determination may cover fishing effort as well as quota.

Amending the power would make the scope of the Secretary of State’s function uncertain. If it became obligatory to make a determination, would that duty apply to non-quota stocks or to stocks that are wholly located within devolved areas? I am concerned that my colleagues in the devolved Administrations would not welcome that. I assure the hon. Lady that, through the Fisheries Bill, there will be greater transparency of how we manage and allocate quota in the UK through the publication of the Secretary of State’s determination of UK fishing opportunities, which will be laid before Parliament. Given that explanation, I ask that the Amendment be withdrawn.

I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move Amendment 113, in Clause 24, page 16, leave out lines 16 to 19 and insert—

“(a) the maximum quantity of sea fish that may be caught by British fishing boats or foreign fishing boats holding rights to use the British catch quota;

(b) the maximum number of days that British fishing boats or foreign fishing boats holding rights to use the British catch quota may spend at sea.”

This amendment would add foreign fishing boats to the determination made by the Secretary of State of the maximum quantity of sea fish caught, or of the maximum number of days at sea.

I believe that the amendment brings us one step closer to taking back control of our waters. We should have control over what non-UK boats do in our waters, including how much fish they can catch. As hon. Members know from our lengthy discussions on these matters, the Opposition are keen to ensure that the sustainability of our environment and our fish stocks are fundamental to fisheries management, and that our small British fishers and their coastal communities see the greatest possible benefit from fishing opportunities and redistributed quotas.

The amendment would add foreign fishing boats to the determination made by the Secretary of State for the maximum quantity of sea fish that can be caught and the maximum number of days that can be spent at sea. It seeks to ensure that foreign fishing vessels are not exempt from the Secretary of State’s jurisdiction. In our efforts to ensure that we have a sustainable and growing UK fishing industry, the British Government should be able to set limits for all boats operating in our waters to protect UK fish stocks and ensure the survival of our UK fishing industry.

We do not think that this Amendment is necessary, as foreign fishing boats do not hold any rights to use British catch or effort quota. UK quota is allocated only to vessels registered and licensed in the UK. It is, of course, true that the ultimate beneficial owners of some UK fishing businesses are foreign. This is because UK fishing companies and their assets can be bought and sold like any other company in any other industry, but no foreign-registered fishing boat has the right to use our quota, nor will they in future. Any foreign fishing boat permitted to fish in UK waters in future would fish against its own state’s quota. Given that the amendment would not be effective in practice, I ask that it be withdrawn.

I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move Amendment 114, in Clause 24, page 16, line 19, at end insert—

“(1A) No determination of effort quota under subsection (1)(b) may be made until the completion of a trial for the relevant area of sea, stocks fished, fishing methods used, documentation methods used and any other relevant considerations that demonstrates that there is no evidence that such a determination—

(a) might cause a detriment to the achievement of any of the fisheries objectives;

(b) might cause the maximum sustainable yield of any stock to be exceeded;

(c) might reduce the accuracy of the recording of catches;

(d) might increase the risk of danger to the crew of fishing boats.”

This amendment would prevent the Secretary of State making a determination of effort quota until it has been shown not to cause adverse impacts through a days at sea trial.

Amendment 114 would require the Secretary of State to commit to a days at sea trial to ensure the effort quota is not harmful to the fisheries objectives, the state of fish stocks or boat crew members. Days at sea or effort quotas should be the result of careful planning and consideration. As my hon. Friend Kerry McCarthy said on Second Reading:

“Fish stocks are a finite resource, yet fishing quotas are being set above scientifically recommended sustainable levels year on year. Estimates suggest that restoring fish populations would not only safeguard our marine life, but lead to £244 million a year for the industry and create more than 5,000 jobs.”—[Official Report, 1 September 2020; Vol. 679, c. 96.]

I cannot stress enough the need for quotas to closely follow scientific guidance so that fish stocks are not depleted further. With this amendment, the Opposition are calling on the Secretary of State to complete trials on

“the relevant area of sea, stocks fished, fishing methods” and “documentation methods used” before making a determination of fishing opportunities. This would ensure that effort quotas do not negatively impact the achievement of any of the fisheries objectives under clause 1 of the Bill, exceed the maximum sustainable yield of any stocks, reduce the accuracy of the recording of catches, or put the lives of fishers at risk. I do not believe it is too much to ask of the Government that they commit to a trial that ensures the sustainability of our stocks and the industry.

If the Minister is confident that the trial would find that an effort quota is not harmful, there is nothing to fear or oppose in having it take place, and ensuring the matter can be concluded with its findings. Conversely, if it is the case that the effort quota is harmful to the fisheries objectives, the state of the fish stocks or the boat crew members, I am sure the Minister would not want that harm to continue. As I have said, the amendment simply commits the Secretary of State to undertake a days at sea trial to ensure that we are not causing long-term harm to the industry and our fish stocks. I hope the Government will take this opportunity to do so.

There is already a long-standing effort scheme in place for some shellfish and all demersal fish in the western waters, which will become retained UK law. To effectively manage the western waters effort regime in future, we may need the Secretary of State determination to vary effort baselines in response to the latest scientific evidence or, of course, the outcome of annual fisheries negotiations. I am concerned that the Amendment would hamper our ability to improve the western waters regime. Requiring no evidence to be found seems unlikely to be achieved through the pilot, so I suggest that the effect of this amendment would be to stop the effective use of effort as a way of determining fishing opportunities in future.

We have not spent as much time discussing effort during the passage of this Bill as we did during the course of the last Bill. One reason for that is that Ministers subsequently committed to undertake days at sea trials, and there have been discussions among various ports as to which ones would undertake those trials. As the Minister will know, Plymouth is one of those ports; it is keen to undertake the trials, and with a very active council on fisheries matters and the Shadow Secretary of State representing the area, that would be the perfect opportunity to prove or disprove whether this works. Is it still the Government’s intention to hold those days at sea trials, and if so, would they be a substitute for what the Amendment seeks to provide?

Given the specific nature of this Clause, I am not sure that I can answer the hon. Gentleman’s question in the way he would like me to. What we are talking about here is the effort trial involving some quota stocks, and without further time to check what is envisaged in any Plymouth trial, I do not want to categorically rule it in or out.

I am grateful to the Minister for giving way again. Whether it is a Plymouth trial, a Fraserburgh trial or a Grimsby trial, the concept is of a series of trials to look at days at sea and effort-based fishing, beyond the stocks that already have effort-based regimes in place. That was an important concession that the Government made after the pausing of the last Fisheries Bill. If the Minister does not know the status of those trials, perhaps she could write to the Opposition to set out those details. It is important that we have clarity on that.

As far as I am concerned, we are very keen to make the scientific evidence and the baselines that we use as good as possible. I think the hon. Gentleman is aware of the work that is carrying on in that regard. However, we do need the flexibility to respond to changing science. I am in no way denigrating the pilot schemes, which are important and ongoing. This is probably, again, not a matter for this Amendment, but something that we will continue to discuss for many years.

The problem with the amendment is that it would stop the effective use of effort as a way of determining fishing opportunities. I am not saying that we do not need the science—of course we do, and we need pilots to give us that science—but I do not want this to prevent us from using a precautionary approach to fisheries management where that is appropriate.

I am concerned that the amendment would put fisheries and their management at risk up and down the country, so I expect it will be withdrawn.

I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move Amendment 115, in Clause 24, page 16, line 26, at end insert—

“(3A) The Secretary of State must ensure that a baseline stock assessment has been made for all non-quota species by 2030 and must report on progress on an annual basis.”

This amendment would require the Secretary of State to gather a baseline stock assessment for those stocks that are not subject to catch limits.

Amendment 115 calls for a baseline stock assessment to be made for all non-quota species by 2030, and requires an annual report on progress. I believe the amendment is vital to ensuring the environmental and economic sustainability of our non-quota fish stocks. As I hope we all acknowledge, the absence of comprehensive data, even on quota species, has led to considerable issues that could threaten the long-term future of the industry and the marine environment itself. Overfishing is only one of the problems caused.

To ensure that the objectives in the Bill are met, the amendment calls for a baseline stock assessment to be made for all non-quota species by 2030 and an annual report on progress.

The hon. Lady is talking about a specific point in the trophic pyramid of the ecosystem. She is asking for an assessment of all non-stock species, but is that down to the nudibranchs on the rocks? I can see certain practical challenges with that, even though it is just fish.

This needs to be a short Intervention.

Okay. The trophic pyramid does not allow—just because it has a backbone—for it to be at that point in the ecosystem because it is called a fish in biology. I wonder whether there are unintended consequences of the Amendment.

We hope that there will not be unintended consequences, but the Amendment speaks to those fish that we actually go out and fish. I hope that clarifies the point.

As such, it seems that baseline stock assessments and annual reporting of progress on this matter are essential if we are to ensure that informed decisions can be made to protect the future of all non-quota species and the fishers who catch them. We know that many of these species are under great pressure. A deficiency in the data can be an excuse for fishing unsustainably. We cannot allow ourselves to plead ignorance, when the important step within this amendment has the potential to prevent such mistakes being made, which we know would be an environmental and economic disaster for the communities that rely on our fish stocks.

Is it your pleasure that the Amendment be withdrawn? Sorry, I call the Minister. I am sure it would be the Minister’s pleasure for the amendment to be withdrawn.

It would indeed be our pleasure that the Amendment be withdrawn, because we think it is disproportionately burdensome, though we agree it is well-intentioned and we absolutely agree that good data is key to making good fisheries management decisions. We also accept that we have too many data-poor stocks, particularly for non-quota stocks, but there are a number of practical issues with the amendment that we think would cause us difficulties.

Fisheries management plans in the Bill require fisheries authorities to specify the actions to assess the status of the stocks covered, or explain how the stocks will be managed sustainably in the absence of sufficient data. Our progress with those plans will be reported on every three years. Many non-quota stocks occur in the waters managed by the devolved Administrations. Most of the functions of gathering that information will be for the DAs, not the Secretary of State. I am concerned about that aspect of this amendment, and I again ask that the amendment be withdrawn.

I will withdraw it.

We got there in the end. I do apologise.

I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move Amendment 116, in Clause 24, page 16, line 43, at end insert—

“(7A) The Secretary of State may also determine, for such year or other period as may be specified in the determination, the maximum number of different descriptions of sea fish that may be caught, tagged and released, for the purposes of gathering data to aid scientific study, by those engaged in recreational fishing.”

This amendment would give the Secretary of State the power to determine a ‘catch, tag and release’ quota for recreational fishing for the purposes of gathering data to aid scientific study.

As outlined with reference to amendment 115, the absence of comprehensive data on our fish stocks inhibits our ability to ensure that we manage our fisheries in a way that is environmentally and economically sustainable. Amendment 116 would give the Secretary of State the power to determine a catch, tag and release quota for our recreational fishers. On Second Reading, my hon. Friend the Member for Canterbury, who is serving on the Committee, referred to each fishing boat as a “floating science laboratory”. I could not agree more. Fishers are, absolutely, experts in their industry. We must not ignore their knowledge and ability to gather data. In fact, I would argue that they should have a much bigger role in the formation of policy decisions, because they bring to the table not only expertise but an unparalleled passion for ensuring the future survival of the UK fishing industry.

In bringing recreational fishers into much-needed work gathering data on our fish stocks, the amendment would provide the Secretary of State with the opportunity to allow recreational fishers to assist in the gathering of data on the state of our fish stocks and help scientists to provide up-to-date information and advice to fisheries authorities. In doing so, the Secretary of State would be providing a boost to recreational fishing, while allowing it to play its role in ensuring the sustainability of our fish stocks and better fisheries management for our commercial operators.

Since 2015, huge Atlantic bluefin tuna have appeared late each summer in UK waters. That is an exciting new development for UK fishers. Until the 1950s, we had a thriving recreational bluefin tuna fishery that operated out of Whitby and Scarborough. In the early 1960s, however, those fish disappeared completely from the far north-east Atlantic. That was down to a combination of factors, including long-time climatic cycle shifts and commercial overfishing of their prey species. But as of five years ago, long-term climatic cycles and recovery efforts had helped the Atlantic bluefin to become once again a regular seasonal visitor to our waters. Recreational fishers could take part in its global stock recovery programme. No longer do they have to travel to faraway places to fish that big game fish. Instead, catch and release would enable recreational fishers to aid scientific data gathering on non-quota species that are starting to be found in UK waters.

We have a real opportunity here to create world-class, sustainable and valuable live-release recreational fisheries. The amendment is not just about protecting fish stocks for environmental and conservationist reasons, although that is important. It is about the future prosperity of our fishers and coastal communities, whom we want to see grow in the long as well as the short term.

My alertness just improved during the discussion of this Amendment. I am so sad that I cannot involve myself in this debate.

As I know you know, Sir Charles, recreational angling within the UK is not currently subject to quota limitations, which the Government are concerned could incorrectly be interpreted as a reference to equivalent measures currently in place for commercial fishers. Discussions with the recreational sector have repeatedly highlighted the fact that it is not particularly interested in being subject to quota restrictions. Its interest is in restoring stocks and improving physical access, so that more successful recreational trips can take place. Indeed, the current industry proposal for a recreational scientific catch, tag and release bluefin tuna fishery is based on the premise that quota would not be required.

The Amendment pre-empts the outcome of engagement with stakeholders and careful consideration of the best way to develop a regime, if we believe that that is the right way to go, for recovering species such as bluefin tuna. I have undertaken to meet the Shadow Minister, the hon. Member for Plymouth, Sutton and Devonport, and other colleagues who are interested, at some point before too long, to discuss bluefin tuna specifically. The Government feel that the amendment is unnecessary, as we already have broad powers in relation to scientific trials, data collection and quota allocation.

I am grateful to the Minister for giving way at the last minute and for agreeing to meet me, Scott Mann and, perhaps in a different capacity, the Chair to discuss bluefin tuna. Will she address the point about the role of recreational fishers in helping to provide science? That was at the heart of what the Shadow fisheries Minister, my hon. Friend the Member for Barnsley East, was saying. For data-deficient stocks in particular, and for stocks for which data is held but is poorly applied, recreational fishers—a group of people who love their fish and have really strong opinions on making fishing more sustainable—could provide an enormous benefit to Government science.

I could not have put it better myself.

I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

I beg to move Amendment 112, in Clause 24, page 17, line 8, leave out “negative” and insert “affirmative”.

This amendment would make the relevant regulations subject to the affirmative procedure.

The amendment would make the regulations subject to the affirmative procedure. On the first day of the Committee, I spoke at length about the need for more parliamentary scrutiny. Since 2013, no significant progress has been made towards achieving maximum sustainable yield figures, which have languished at about 57% to 68% of stocks fished sustainably in the last seven years.

The powers granted under clause 24(10) give the Secretary of State the power to determine the number of days in a specified period that a boat may spend at sea. Regulations under that power will be affected by the varying technical conditions—from the stowing of fishing gear to entering the UK’s inshore waters or leaving a port—that may affect when a boat should be regarded as fishing. The calculation of what is meant by “a day at sea” is highly technical, so I firmly believe that we need more parliamentary scrutiny to ensure that effort quotas do not exceed scientific advice and damage the sustainability of our fish stocks.

The Government consider that we have struck the right balance between the need for parliamentary scrutiny and the need to react quickly, with secondary legislation, to make what are often technical amendments. The Delegated Powers and Regulatory Reform Committee considered the procedures for the delegated powers in the Bill, and said:

“Of the Bill’s 15 delegated powers that have a parliamentary procedure, only four are solely governed by the negative procedure, and justifiably so.”

That Committee also published a report about the Bill on 26 February, and it did not change its views. It should also be noted that an identical Amendment was debated and withdrawn in the other place. I therefore invite the hon. Lady to withdraw the amendment.

I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

The Clause provides the Secretary of State with the power to determine the UK’s fishing opportunities, to comply with its international obligations. The Secretary of State will be able to set the maximum amount of seafish that may be caught by British fishing boats and the maximum number of days that they can spend at sea. The power would be used to set the level of total allowable catch for UK shared stocks, reflecting anything that we manage to negotiate. It could also be used to ensure our compliance with article 61 of the United Nations convention on the law of the sea.

The power relates therefore to the high-level function of determining UK fishing opportunities as a whole; it does not relate to the subsequent allocation of those opportunities to the different fisheries administrations, or indeed to their distribution to industry. Under the clause, the Secretary of State would also have the power to make negative resolution regulations about when time will be counted as time at sea for the purposes of the determination.

Question put and agreed to.

Clause 24 accordingly ordered to stand part of the Bill.