Fisheries Act 2020

6 Fisheries management plans: duty to comply with proposals in JFS

(1) The relevant authority or authorities must, in relation to each proposed fisheries management plan in the list contained in a JFS under section 2(3)(b), prepare and publish a fisheries management plan that relates to the matters specified in relation to it under section 2(3)(c)(iii).

(2) A fisheries management plan must—

(a) specify the relevant authority or authorities,

(b) specify each stock of sea fish, type of fishing and geographical area to which the plan relates,

(c) specify an indicator or indicators to be used for monitoring the effectiveness of the plan, and

(d) comply with subsection (3) in relation to each stock of sea fish to which the plan relates.

(3) The plan must specify whether the available scientific evidence is sufficient to enable the relevant authority or authorities to make an assessment of the stock’s maximum sustainable yield and—

(a) if it is, must specify policies of the relevant authority or authorities for restoring the stock to, or maintaining it at, sustainable levels or for contributing to its restoration to, or maintenance at, sustainable levels;

(b) if it is not, must—

(i) specify policies of the relevant authority or authorities for maintaining or increasing levels of the stock,

(ii) specify the steps (if any) that the relevant authority or authorities propose to take to obtain the scientific evidence necessary to enable an assessment of the stock’s maximum sustainable yield to be made, and

(iii) where no such steps are proposed, state the reasons for that.

(4) In determining the policies to be specified under subsection (3)(b)(i), the relevant authority or authorities must adopt the precautionary approach to fisheries management (within the meaning of section 1).

(5) A fisheries management plan must contain a statement that it has been prepared and published for the purposes of this Act.

(6) The relevant authority or authorities must comply with subsections (1) to (5) in accordance with the timetables specified in the JFS under section 2(3)(c)(iv).

(7) In this section “the relevant authority or authorities”, in relation to a fisheries management plan, means the fisheries policy authority or authorities by whom the JFS specifies the plan is to be prepared and published.