SCHEDULES

SCHEDULE 8Powers to make further provision: devolved authorities

PART 2Welsh Ministers

Power to make provision about fisheries, aquaculture etc

6

1

The Welsh Ministers may by regulations make provision—

a

for the purpose of implementing an international obligation of the United Kingdom relating to fisheries, fishing or aquaculture,

b

for a conservation purpose (see sub-paragraph (2)), or

c

for a fish industry purpose (see sub-paragraph (3)).

2

“A conservation purpose” means any of the following—

a

the purpose of conserving, improving or developing marine stocks;

b

the purpose of protecting the marine and aquatic environment from the effects of fishing or aquaculture, or of related activities;

c

the purpose of protecting or improving the health of any fish or other aquatic animal.

3

“A fish industry purpose” means any of the following—

a

the purpose of promoting or developing commercial fish or aquaculture activities;

b

the purpose of improving the traceability of fishery products;

c

the purpose of disseminating information about fishery products.

4

Except so far as they are regional fisheries management regulations, regulations under sub-paragraph (1) may only include provision about—

a

the quantity of sea fish that may be caught;

b

the amount of time that fishing boats may spend at sea;

c

the landing of sea fish;

d

bycatch;

e

catching, landing or selling sea fish that are below a certain size;

f

setting and enforcing targets relating to marine stocks;

g

the design of sea fishing equipment;

h

the use of sea fishing equipment;

i

the retrieval of lost or discarded sea fishing equipment;

j

methods of sea fishing;

k

the processing of sea fish;

l

the use to which the Welsh Ministers may put information obtained in the exercise of their functions relating to fisheries or aquaculture;

m

the functions, objectives or regulation of producer organisations or inter-branch organisations;

n

the marketing of fishery products (including labelling);

o

keeping, disclosing or publishing accounts, records or other documents or information by persons involved in—

i

commercial fish or aquaculture activities, or

ii

monitoring, or enforcing, compliance with the regulation of commercial fish or aquaculture activities;

p

the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;

q

monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this sub-paragraph.

5

In sub-paragraph (4) “regional fisheries management regulations” means regulations that give effect (or change the way in which effect is given) to a requirement imposed on, or a recommendation made to, the United Kingdom (whether directly or indirectly)—

a

by, or pursuant to, a regional fisheries management agreement, or

b

by a regional fisheries management organisation.

6

Without prejudice to the generality of section 51(1)(b), regulations under this paragraph may make different provision in relation to—

a

different descriptions of sea fish or other animal,

b

different descriptions of fishing boat, or

c

different areas of the sea or inland waters.