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.

United Nations. (1982, December 10). United Nations Convention on the Law of the Sea. Retrieved from https://www.un.org/depts/los/convention_agreements/texts/unclos/UNCLOS-TOC.htm [accessed 27 August 2021]

United Nations. (1982, December 10). The United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. Retrieved from https://www.un.org/depts/los/convention_agreements/convention_overview_fish_stocks.htm [accessed 27 August 2021]

North-east Atlantic Fisheries Commission (NEAFC). (n.d.) About the Work of NEAFC. Retrieved from https://www.neafc.org/about [accessed 27 August 2021]

Scottish Sea Fisheries Statistics 2020. (2021, September 29). Retrieved from https://www.gov.scot/publications/scottish-sea-fisheries-statistics-2020/pages/1/ [accessed 22 October 2021]

MSC certificates suspended for all North East Atlantic mackerel fisheries. (2019, January 31). Retrieved from https://www.msc.org/media-centre/press-releases/press-release/msc-certificates-suspended-for-all-north-east-atlantic-mackerel-fisheries [accessed 27 August 2021]

UK Government. (2020, December 4). AGREED RECORD OF CONCLUSIONS OF FISHERIES CONSULTATIONS BETWEEN NORWAY, THE EUROPEAN UNION, THE FAROE ISLANDS, GREENLAND, ICELAND, AND THE UNITED KINGDOM ON THE MANAGEMENT OF MACKEREL IN THE NORTH-EAST ATLANTIC FOR 2021. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/943558/agreed-records-consultations-mackerel-north_east-atlantic-2021.pdf [accessed 27 August 2021]

SPFA and SFA call for ‘action at highest level’. (2021, June 8). Retrieved from https://fishingnews.co.uk/news/norway-faroe-increase-mackerel-quotas-reckless/ [accessed 27 August 2021]

CEFAS. (n.d.) CATCH AND RELEASE TAG (CHART) SCIENTIFIC DATA COLLECTION PROGRAMME FOR ATLANTIC BLUEFIN TUNA (ABT). Retrieved from https://www.cefas.co.uk/impact/programmes/chart/ [accessed 31 August 2021]

BBC. (2020, August 6). Atlantic tuna to be tagged off Western Isles. Retrieved from https://www.bbc.co.uk/news/uk-scotland-highlands-islands-53677340 [accessed 31 August 2021]

UK Government. (2018). Sustainable fisheries for future generations. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/722074/fisheries-wp-consult-document.pdf [accessed 19 October 2021]

Marine Management Organisation. (2021, September 30). Analysis of fishing quota shares in the EU-UK Trade and Cooperation Agreement. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1020903/Analysis_of_fishing_quota_shares_in_the_EU-UK_Trade_and_Cooperation_Agreement_-_AC_Checked.pdf [accessed 18 October 18]

Scottish Fishermen's Federation. (2020, December 29). Brexit deal falls ‘far short of commitments and promises’. Retrieved from https://www.sff.co.uk/brexit-deal-falls-far-short-of-commitments-and-promises/ [accessed 29 December 2021]

National Federation of Fishermen's Organisations. (2021, September). BREXIT BALANCE SHEET: A report for the NFFO by Gary Taylor, former DEFRA lead fisheries negotiator. Retrieved from https://www.nffo.org.uk/nffo-demands-transparency-over-tca-deal/ [accessed 18 October 2021]

Scottish Government. (2020, December 29). Brexit deal means drop in key fishing stocks. Retrieved from https://www.gov.scot/news/brexit-deal-means-drop-in-key-fishing-stocks/ [accessed 18 2021]

Fishing News. (2021, June 22). UK-EU DEAL LEAVES DIFFICULT ISSUES UNTIL 2022. Retrieved from https://fishingnews.co.uk/news/uk-eu-deal-leaves-difficult-issues-until-2022/ [accessed 31 August 2021]

Oceana. (2021, June 2). Sign up today to get weekly updates and alerts from Oceana. email address EU and UK agreement on 2021 fishing limits: a promising sign of cooperation, but still falling short on the science. Retrieved from https://europe.oceana.org/en/press-center/press-releases/eu-and-uk-agreement-2021-fishing-limits-promising-sign-cooperation-0 [accessed 31 August 2021]

The Fishing Daily. (2020, December 29). Brexit deal falls far short of commitments and promises to Scottish fishing. Retrieved from https://thefishingdaily.com/featured-news/brexit-deal-falls-far-short-of-commitments-and-promises-to-scottish-fishing/ [accessed 31 August 2021]

UK Government. (2021, June 11). Written record of the annual fisheries consultations between the UK and the EU in 2021.. Retrieved from https://www.gov.uk/government/publications/fisheries-consultations-between-the-uk-and-the-eu-in-2021 [accessed 31 August 2021]

Fishing News. (2021, June 28). Quota Shortfall will leave boats struggling. Retrieved from https://fishingnews.co.uk/news/quota-shortfall-will-leave-boats-struggling/ [accessed 31 August 2021]

Food Standards Scotland. (2020, June). EU Exit - Registration and Inspection of Fishing Vessels. Retrieved from https://www.foodstandards.gov.scot/downloads/Fishing_Vessels_Inspection_Letter.pdf [accessed 31 August 2021]

Scottish Government. (2021, June 24). The Brexit vote, 5 years on - what do we know so far?. Retrieved from https://www.gov.scot/publications/brexit-vote-5-years-know-far/ [accessed 31 August 2021]

UK Government. (2021, February 9). Seafood Disruption Support Scheme. Retrieved from https://www.gov.uk/guidance/seafood-disruption-support-scheme [accessed 31 August 2021]

House of Commons Environment, Food and Rural Affairs Committee. (2021, April 29). Seafood and meat exports to the EU, Eight Report of Session 2019-21. Retrieved from https://publications.parliament.uk/pa/cm5801/cmselect/cmenvfru/1189/118902.htm [accessed 31 August 2021]

Scottish Government. (2021, February 3). More funding for seafood sector. Retrieved from https://www.gov.scot/news/more-funding-for-seafood-sector/ [accessed 31 August 2021]

UK Government. (2021, August 26). Scottish Seafood Exports Taskforce: Final Report 2021. Retrieved from https://www.gov.uk/government/publications/scottish-seafood-exports-taskforce-final-report-2021 [accessed 31 August 2021]

UK Government. (2021, June 28). Policy paper Inter-Ministerial Group for Environment, Food and Rural Affairs (IMG EFRA) Communiqué. Retrieved from https://www.gov.uk/government/publications/communique-from-the-inter-ministerial-group-for-environment-food-and-rural-affairs/inter-ministerial-group-for-environment-food-and-rural-affairs-img-efra-communique-28-june-2021 [accessed 31 August 2021]

UK Government. (2021, July 23). First meeting of the Specialist Committee on Fisheries: 20 July 2021 - statement. Retrieved from https://www.gov.uk/government/publications/specialised-committee-on-fisheries/first-meeting-of-the-specialist-committee-on-fisheries-20-july-2021-statement [accessed 31 August 2021]

Barnes, R. (2021). Current Legal Developments: United Kingdom/Norway. 36 International Journal of Marine and Coastal Law, 155(162).

UK Government. (2021, March 16). Agreed record of fisheries consultations between the EU, Norway and the UK for sprat for the period 1 July 2021 to 30 June 2022. Retrieved from https://www.gov.uk/government/publications/fisheries-cod-haddock-saithe-whiting-plaice-and-herring-management-in-the-north-sea [accessed 31 August 2021]

UK Government. (2021, April 30). Fisheries negotiations with Norway concluded. Retrieved from https://deframedia.blog.gov.uk/2021/04/30/fisheries-negotiations-with-norway-concluded/ [accessed 31 August 2021]

UK Parliament. (2021, June 10). Update on fisheries: statement made by Victoria Prentis, , Parliamentary Under-Secretary of State (Minister for Farming, Fisheries and Food)). Retrieved from https://questions-statements.parliament.uk/written-statements/detail/2021-06-10/hcws86 [accessed 31 August 2021]

UK Fisheries Ltd. (2021, April 29). UK government sinks British distant-waters fleet. Retrieved from https://ukfisheries.net/media-centre/uk-government-sinks-british-distant-waters-fleet [accessed 31 August 2021]

Fishing News. (2021, May 10). NO DEAL WITH NORWAY HITS WHITEFISH FLEET. Retrieved from https://fishingnews.co.uk/news/no-deal-with-norway-hits-whitefish-fleet/ [accessed 31 August 2021]

Scottish Pelagic Fishermen's Association. (n.d.) FAILED FISHERIES DEAL WITH NORWAY. Retrieved from https://scottishpelagic.co.uk/failed-fisheries-deal-with-norway/ [accessed 31 August 2021]

Shetland Fishermen. (2021, April 30). Failed UK-Norway fishing deal. Retrieved from https://www.shetlandfishermen.com/news/failed-uk-norway-fishing-deal [accessed 1 September 2021]

UK Government. (2021, July 8). United Kingdom signs free trade deal with Norway, Iceland and Liechtenstein. Retrieved from https://www.gov.uk/government/news/united-kingdom-signs-free-trade-deal-with-norway-iceland-and-liechtenstein [accessed 1 September 2021]

Supertrawlers spent 2963 hours fishing in UK Marine Protected Areas in 2019. (2020). Retrieved from https://www.greenpeace.org.uk/news/supertrawlers-spent-2963-hours-fishing-in-uk-marine-protected-areas-in-2019/ [accessed 1 September 2021]

UK Government. (2017, October 16). JOINT MINISTERIAL COMMITTEE (EU NEGOTIATIONS) COMMUNIQUE. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/652285/Joint_Ministerial_Committee_communique.pdf [accessed 10 September 2021]

Scottish Government. (2013, May). Marine Scotland: Gudicance note on EU points system for serious infringements. Retrieved from https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2013/05/fishing-vessel-licensing-eu-points-system/documents/eu-points-system-for-serious-infringement-2013/eu-points-system-for-serious-infringement-2013/govscot%3Adocument/Guidance%2Bon%2BEU%2Bpoints%2Bsystem%2Bfor%2Bserious%2Binfringement%2B2013.pdf [accessed 10 September 2021]

Scottish Government. (2021, March 24). Fishing - additional quota allocation - 2021: consultation analysis. Retrieved from https://www.gov.scot/publications/consultation-allocation-additional-quota-2021-outcome-report/pages/4/ [accessed 10 September 2021]

European Parliament PECH Committee. (n.d.) Research for the PECH Committee - Landing Obligation and Choke Species in Multispecies and Mixed Fisheries - The North Western Waters. Retrieved from https://www.europarl.europa.eu/RegData/etudes/STUD/2018/617472/IPOL_STU(2018)617472_EN.pdf [accessed 10 September 2021]

House of Lords European Union Select Committee. (2019, July 16). The EU Fisheries Landing Obligation: Six Months On, 43rd Report of Session 2017-19. Retrieved from https://publications.parliament.uk/pa/ld201719/ldselect/ldeucom/395/39502.htm [accessed 13 September 2021]

Scottish Government . (2020, December). Future fisheries: management strategy - 2020 to 2030. Retrieved from https://www.gov.scot/publications/scotlands-future-fisheries-management-strategy-2020-2030/ [accessed 13 September 2021]

Solway Firth Partnership. (2014, April). Solway Firth Partnership. Retrieved from https://solwayfirthpartnership.co.uk/wp-content/uploads/2018/09/Cockle-Report.pdf [accessed 13 September 2021]

Scottish Govenment. (n.d.) Marine environment. Retrieved from https://www.gov.scot/policies/marine-environment/marine-protected-areas/ [accessed 13 September 2021]

Scottish Government. (2020, November 10). Case study: Socio-economic impacts of marine protected areas. Retrieved from https://marine.gov.scot/sma/assessment/case-study-socio-economic-impacts-marine-protected-areas [accessed 13 September 2021]

Scottish Government. (2006, July 26). A Strategic Framework for Inshore Fisheries in Scotland. Retrieved from https://www.webarchive.org.uk/wayback/archive/20150219082510/http://www.gov.scot/Publications/2005/03/20860/File-1 [accessed 13 September 2021]

Scottish Government. (2015, October 15). Scottish inshore fisheries strategy 2015. Retrieved from https://www.gov.scot/publications/scottish-inshore-fisheries-strategy/ [accessed 13 2021]

Scottish Parliament Environment, Climate Change and Land Reform Committee. (2020, December 17). Development and implementation of Regional Marine Plans in Scotland: final report. Retrieved from https://digitalpublications.parliament.scot/Committees/Report/ECCLR/2020/12/17/152ae6aa-f2a1-4881-ae8b-f17044fc262e-1#Introduction [accessed 13 September 2021]

Scottish Government. (2021, April 26). Marine and fisheries Scotland: marine fund Scotland application guidance notes. Retrieved from https://www.gov.scot/publications/marine-and-fisheries-scotland-marine-fund-scotland-application-guidance-notes/ [accessed 13 September 2021]

Marine Scotland. (2021, May 27). Funding the ambitions of young fishers. Retrieved from https://blogs.gov.scot/marine-scotland/2021/05/27/funding-the-ambitions-of-young-fishers/ [accessed 13 September 2021]

Marine Scotland. (2021). New Marine Fund Scotland launches. Retrieved from https://blogs.gov.scot/marine-scotland/2021/03/20/new-marine-fund-scotland-launches/ [accessed 13 2021]

UK Government . (2021, September 13). UK Seafood Fund: Seafood Innovation Fund. Retrieved from https://www.gov.uk/guidance/uk-seafood-innovation-fund#about-the-uk-seafood-fund [accessed 14 September 2021]

UK Government . (2021, September 11). £24 million for cutting-edge science and fisheries. Retrieved from https://www.gov.uk/government/news/24-million-for-cutting-edge-science-and-fisheries [accessed 14 September 2021]

World Trade Organisation. (2021). FISHERIES SUBSIDIES DRAFT CONSOLIDATED CHAIR TEXT. Retrieved from https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/TN/RL/W276.pdf&Open=True [accessed 14 September 2021]

Scottish Government. (n.d.) Marine and fisheries compliance. Retrieved from https://www.gov.scot/policies/marine-and-fisheries-compliance/ [accessed 14 September 2021]

House of Lords Select Committee on the European Union Environment Sub-Committee. (2021, January 13). Corrected oral evidence: Access to UK fisheries post Brexit. Retrieved from https://committees.parliament.uk/oralevidence/1520/html/ [accessed 14 September 2021]

Scottish Government. (2021, March). National Marine Plan Review 2021: Three Year Report on the effectiveness of Scotland’s National Marine Plan. Retrieved from https://marine.gov.scot/sites/default/files/national_marine_plan_review_2021.pdf [accessed 14 2021]

Shetland News. (2021, July 14). Marine Scotland to publish fishing boat inspection data. Retrieved from https://www.shetnews.co.uk/2021/07/14/marine-scotland-to-publish-fishing-boat-inspection-data/ [accessed 14 September 2021]

Scottish Government. (2020, October 1). Future fisheries management: policy intent paper. Retrieved from https://www.gov.scot/publications/future-fisheries-management-policy-intent-paper/ [accessed 14 September 2021]

Last Updated: 14/3 3:38am

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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