Fisheries governance after Brexit

Author: Professor James Harrison

PDF Published: Wednesday 27 Oct 2021 (SB 21-74)

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Overview
Report
- Summary
- About the author
- Key Terms
- 1. Introduction
- 2. International fisheries law and policy
  - a. Global fisheries treaties and instruments
    
    i. United Nations Convention on the Law of the Sea
    
    ii. United Nations Agreement on Straddling and Highly Migratory Fish Stocks
    
    iii. Food and Agriculture Organisation of the United Nations
  - b. Regional cooperation on fisheries
    
    i. Introduction
    
    ii. North-East Atlantic Fisheries Commission
    
    iii. International Commission for the Conservation of Atlantic Tunas
    
    iv. North Atlantic Salmon Conservation Organisation
    
    v. International Council for the Exploration of the Seas
    
    vi. OSPAR Commission
  - c. UK bilateral fisheries relations
    
    i. Fisheries relations with the EU
    
    ii. Fisheries relations with Norway
    
    iii. Fisheries relations with the Faroe Islands
    
    iv. Fisheries relations with Iceland and Greenland
  - d. Action to prevent illegal, unreported, unregulated and unsustainable fishing by foreign fishing vessels
- 3. An overview of fisheries governance in the United Kingdom
  - a. Devolution and fisheries governance
  - b. Reserved matters
  - c. Common frameworks in the field of fisheries
  - d. UK Rules and Arrangements relating to Fisheries Management
    
    i. The Fisheries Act 2020
    
    ii. UK Concordat on Management Arrangements for Fishing Opportunities and Fishing Vessel Licensing in the United Kingdom.
    
    iii. United Kingdom Single Issuing Authority
- 4. Fisheries Regulation and Governance in a Scottish Context
  - a. Fisheries Policy
  - b. Licensing
    
    i. Granting, suspension and termination of licences
    
    ii. Real economic link
  - c. Distribution of quota amongst Scottish registered vessels
  - d. Landing obligation
  - e. Fisheries regulation
    
    i. General powers of fisheries regulation
    
    ii. Regulating orders for shellfish stocks
    
    iii. Fisheries regulation in Marine Protected Areas
  - f. Inshore Fisheries Groups
  - g. Fisheries funding
    
    i. Marine Fund Scotland
    
    ii. UK Government funding
    
    iii. Fisheries subsidies
  - h. Fisheries surveillance, monitoring and control
    
    i. Marine Scotland Compliance
    
    ii. Inspection and Investigation Powers
    
    iii. Enforcement and Penalties
    
    iv. Joint Maritime Operations Coordination Centre
Sources

Map showing the boundaries of devolved competence in Scottish waters. The inshore region is the region from 0-12 nautical miles from the shore. Here, the Scottish Parliament has devolved competence over marine conservation, marine planning and marine licensing. The offshore region is the area 12-20 nautical miles from the shore. Here, Scottish Ministers have executive competence over marine conservation, marine planning and marine licensing. The special area, to the north of the mainland and west of Shetland, is an area of shared jurisdiction between the UK and Scotland and Denmark and the Faroe Islands.

Image: Figure 1: Devolved competence of Scottish waters

Chart showing a conceptual graph of Maximum Sustainable Yield. On the X axis is fishing effort. The Y axis is catch yield. The chart shows a bell curve with a linear line indicating fishing costs. There are 3 points marked on the curve. The first indicates maximum economic yield. This is the maximum amount of earnings from fishing, taking operating costs into account. The second point is at the peak of the curve. This is maximum sustainable yield which is the maximum annual catch that can be taken from a species' stock indefinitely without depleting the stock. The final point intersects the fisheries cost line. This is yield without regulation. Without intervention by regulation, fishing effort increases for as long as it remains commercially viable (catch earnings are higher than costs). However, this level of fishing depletes fish stocks.

Image: Figure 2. Visual summary of Maximum Sustainable Yield

Map showing devolved competence in Scottish waters. The map specifies the existence of a 'special area' of shared jurisdiction between the UK/Scotland and Denmark/Faroe Islands. The location of this area is to the north of mainland Scotland and west of Shetland.

Image: Figure 3: Special area of shared jurisdiction between the UK/Scotland and Denmark/Faroe Islands

Flow chart setting out the process for Joint Fisheries Statements and Fisheries Management Plans.

Image: Figure 4. Process for Joint Fisheries Statements and Fisheries Management Plans under the Fisheries Act 2020

Flow chart showing the process for distributing fishing quota within the UK.

Image: Figure 5. Process for distributing fishing quota within the UK.

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Last Updated: 5/10 4:00am

Image: Figure 1: Devolved competence of Scottish waters

Image: Figure 2. Visual summary of Maximum Sustainable Yield

Image: Figure 3: Special area of shared jurisdiction between the UK/Scotland and Denmark/Faroe Islands

Image: Figure 4. Process for Joint Fisheries Statements and Fisheries Management Plans under the Fisheries Act 2020

Image: Figure 5. Process for distributing fishing quota within the UK.

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