Fisheries objectives, fisheries statements and fisheries management plans

7Fisheries management plans: power to depart from proposals in JFS

1

Subsection (2) applies where—

a

one or more fisheries policy authorities prepare and publish a fisheries management plan,

b

the fisheries policy authority or authorities decide that, in view of a relevant change of circumstances, the plan should be amended, replaced or revoked, and

c

the decision is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b).

2

The fisheries policy authority or authorities may prepare and publish—

a

amendments of the fisheries management plan that take account of the relevant changes of circumstances,

b

a replacement fisheries management plan that takes account of the relevant change of circumstances, or

c

a document revoking the fisheries management plan in order to take account of the relevant change of circumstances.

3

Subsection (4) applies where—

a

one or more fisheries policy authorities decide that, in view of a relevant change of circumstances, they should prepare and publish a fisheries management plan, and

b

the decision is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b).

4

The fisheries policy authority or authorities may prepare and publish a fisheries management plan that takes account of the relevant change of circumstances.

5

A document under subsection (2) or (4) must contain a statement explaining the ways in which, and the reasons why, it is not consistent with the proposals contained in the JFS by virtue of section 2(1)(b).

6

Subsections (2) to (5) of section 6 (required contents of fisheries management plans) apply in relation to a fisheries management plan under this section (reading references to the relevant authority or authorities as references to the fisheries policy authority or authorities that prepare and publish the plan).

7

For the purposes of this section the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—

a

the international obligations of the United Kingdom,

b

things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment,

c

available scientific evidence, or

d

available evidence relating to the social, economic or environmental elements of sustainable development.