F1CHAPTER IVRECREATIONAL FISHERIES

Article 19DPower to grant Permits for recreational UK fishing boats

(1.

A relevant permitting authority may grant or refuse an application it has received under Article 19C (“the application”) in accordance with the requirements of this Article.

(2.

The relevant permitting authority—

(a)

may grant the application only if the authority is satisfied it is appropriate to do so having regard to—

(i)

the relevant bluefin tuna fishing plan submitted by the Secretary of State to, and endorsed by, ICCAT, and

(ii)

the catch quota for bluefin tuna;

(b)

must refuse the application where it does not meet the requirements of this Chapter or comply with any application criteria the authority specified;

(c)

may refuse the application on grounds related to—

(i)

safety;

(ii)

the conservation or welfare of sea fish, mammals, birds, the marine environment or ecosystem;

(iii)

any other matter where, in the authority’s opinion, it would not be appropriate to grant the application.

(3.

Where a relevant permitting authority specifies a maximum number of Permits to be granted for a season or seasons and the authority receives a greater number of applications than the maximum number, the authority may use such criteria as it deems appropriate, including a means of random selection, to rank applications and once the authority has granted the maximum number of Permits may refuse the remaining applications for that reason alone.

(4.

A Permit granted under this Article—

(a)

must be granted—

(i)

to the owner of the recreational UK fishing boat named in the application and only authorise bluefin tuna fishing—

(aa)

by that boat, which must be named in the Permit, and

(bb)

with rod and line fishing gear,

(ii)

for a defined period, and

(iii)

for a particular area which, where the relevant permitting authority is—

(aa)

the Scottish Ministers, may be the Scottish zone or any part or parts of it;

(bb)

the Welsh Ministers, may be the Welsh zone or any part or parts of it;

(cc)

the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, may be the Northern Ireland zone or any part or parts of it;

(dd)

the Marine Management Organisation, may be the United Kingdom zone or any part or parts of it excluding the zones mentioned in sub-paragraphs (aa), (bb) and (cc);

(b)

is not transferable to another person;

(c)

may not be used in respect of another fishing boat;

(d)

may be granted so as to confer limited authority by reference, in particular, to—

(i)

the area in which fishing is authorised;

(ii)

the periods, times or particular trips during which fishing is authorised;

(iii)

the number of fish which may be caught;

(iv)

the method of fishing.

(5.

Each Permit granted must be assigned a unique number (the “Permit number”) which must be recorded on the Permit.

(6.

The relevant permitting authority may on granting a Permit under this Article attach to the Permit conditions on its use covering any of the following matters—

(a)

any areas in which fishing is not permitted;

(b)

any periods, times or particular trips during which fishing is not permitted;

(c)

the number of fish which may be targeted or caught;

(d)

fishing methods and gear types;

(e)

the conservation or welfare of sea fish, mammals, birds, the marine environment or ecosystem;

(f)

reporting requirements, including methods and frequency of reporting.

(7.

In paragraph 4(a)(ii) a Permit is granted for a “defined period” where it is granted by reference to—

(a)

specified start and end dates;

(b)

a particular season or part of a season;

(c)

a future season, the dates of which are to be determined and notified to the owner.