Fisheries Act 2020

14 British fishing boats required to be licensed

(1) Fishing anywhere by a British fishing boat is prohibited unless authorised by a licence.

(2) Subsection (1) does not apply to fishing—

(a) for salmon or migratory trout;

(b) for common eels (Anguilla anguilla) by a boat whose length is 10 metres or less;

(c) by a boat whose length is 10 metres or less and which does not have an engine to power the boat;

(d) by a boat used wholly for the purpose of conveying persons wishing to fish for pleasure;

(e) in waters lying within 12 miles of the baselines from which the breadth of the territorial sea adjacent to the Isle of Man and the Channel Islands respectively is measured, but not extending beyond a line every point of which is equidistant from the nearest points of such baselines and the corresponding baselines adjacent to the United Kingdom and France respectively.

(3) The Secretary of State may by regulations amend this section so as to add, remove or vary exceptions to the prohibition in subsection (1).

(4) Regulations under subsection (3) may not be made without the consent of—

(a) the Scottish Ministers,

(b) the Welsh Ministers, and

(c) the Northern Ireland department.

(5) Regulations under subsection (3) are subject to the affirmative resolution procedure.

(6) Where a boat is used in contravention of subsection (1), the master, the owner and the charterer (if any) are each guilty of an offence.

(7) For further provision about an offence under subsection (6) (including provision as to penalties), see sections 19 to 21.

(8) In this section—

• “length”, in relation to a fishing boat, means the length calculated in accordance with the rules specified in Article 2(1) of Regulation (EU) 2017/1130 of the European Parliament and of the Council of 14 June 2017 defining characteristics for fishing vessels;

• “licence” means a licence granted under section 15.