Fisheries Act 2020 (c. 22)

SCHEDULES

SCHEDULE 4 Access and licensing: minor and consequential amendments

PART 2 Licensing of fishing boats

Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014

20 (1) The Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014 (S.R. (N.I.) 2014 No. 209) are amended as follows.

(2) In regulation 1 (citation, commencement and application), for paragraph (2) substitute—

“(2) These Regulations apply in relation to—

(a) licences granted under section 15 of the Fisheries Act 2020 (licensing of British fishing boats) in respect of Northern Ireland fishing boats;

(b) licences granted under section 17 of that Act (licensing of foreign fishing boats) by the Department; and

(c) licences granted under section 4A of the Sea Fish (Conservation) Act 1967 (licensing of vessels receiving trans-shipped fish)—

(i) in respect of Northern Ireland fishing boats, or

(ii) by the Department in respect of foreign fishing boats.”

(3) In regulation 2 (interpretation)—

(a) in the definition of “the Department”, for “of Agriculture and Rural Development” substitute “of Agriculture, Environment and Rural Affairs”;

(b) for the definition of “licence” substitute—

• ““licence” means a licence to which these regulations apply (see regulation 1(2));”;

(c) in the definition of “nominee”—

(i) in paragraph (b) for “in a member State of the European Union and having a place of business” substitute “, and having a place of business,”;

(ii) in the closing words, omit “Northern Ireland”;

(d) for the definition of “Northern Ireland fishing boat” substitute—

• ““Northern Ireland fishing boat” means a fishing boat—

  (a)

  which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995, and

  (b)

  whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;”;

(e) for the definition of “sea fishing licence” substitute—

• ““sea fishing licence” means a licence to which these regulations apply by virtue of regulation 1(2)(a) or (b);”;

(f) after that definition insert—

• ““temporary foreign vessel licence” means a licence that—

  (a)

  is granted in respect of a foreign fishing boat, and

  (b)

  has effect for a period of no more than three weeks.”

(4) In regulation 3 (manner in which a licence is granted etc)—

(a) in paragraph (1)—

(i) after “A licence” insert “, other than a temporary foreign vessel licence,”;

(ii) omit “Northern Ireland”;

(iii) for the words from “the owner or charterer of the boat” to the end substitute “an appropriate recipient”;

(b) in paragraph (2), after “A licence” insert “(other than a temporary foreign vessel licence)”;

(c) in paragraph (3), for the words from “the owner or charterer of the boat” to the end substitute “an appropriate recipient”;

(d) after paragraph (4) insert—

“(4A) In paragraphs (1) to (4), “an appropriate recipient” means—

(a) in relation to a licence or notice relating to a Northern Ireland fishing boat—

(i) the owner or charterer of the fishing boat, or

(ii) a nominee of that owner or charterer;

(b) in relation to a licence or notice relating to a foreign fishing boat, the owner or charterer of the fishing boat.

(4B) A temporary foreign vessel licence is to be granted to the owner or charterer of a foreign fishing boat by delivering it to the relevant person by—

(a) transmitting it to the relevant person by means of an electronic communication, and

(b) subsequently publishing it on the website of the Department or of a person granting the licence on its behalf.

(4C) In paragraph (4B), “the relevant person”, in relation to a foreign fishing boat, means—

(a) if the fishing boat is registered in a member State, the European Commission;

(b) if the fishing boat is registered in a country or territory that is not a member State, the authority in that country or territory that is responsible for the regulation of fishing boats.”

(5) In regulation 4 (time when licences are delivered and notices given), after paragraph (4) insert—

“(4A) In relation to a licence or notice transmitted by means of an electronic communication at any time during January 2021, the reference in paragraph (4) to 24 hours is to be read as a reference to one hour.

(4B) A temporary foreign vessel licence delivered as described in regulation 3(4B) is treated as delivered immediately it is published in accordance with that provision.”

(6) In regulation 5 (time when licences, variations, suspensions or revocations have effect), in paragraph (a), after “3(2)” insert “or (4B)”.