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.