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—

    1. a

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

    2. 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—

    1. a

      is granted in respect of a foreign fishing boat, and

    2. 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)”.