SCHEDULES
SCHEDULE 4Access and licensing: minor and consequential amendments
PART 2Licensing of fishing boats
20Sea Fishing (Licences and Notices) Regulations (Northern Ireland) 2014
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)”.