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Sunday 13 January 2019

Commercial fishing and marketing of seafood if there’s no Brexit deal

Fish exports to the EU.

What the fishing, seafood and aquaculture industries need to do to prepare for rules and processes that will apply if the UK leaves the EU with no deal.









Rules for access to waters from 29 March 2019
When the UK leaves the EU, it will control and manage access to fish in UK waters, and be responsible for managing our:
  • territorial waters (out to 12 nautical miles)
  • Exclusive Economic Zone (out to 200 nautical miles or the median line with other states)
The UK will make sure that fisheries control and enforcement continue.

UK waters

There will be no change to your rights and responsibilities if you have a UK-registered vessel fishing in UK waters. You must continue to comply with the law and the conditions of your licence, including the economic link criteria.
Non-UK-registered vessels will no longer have automatic access to UK waters (subject to any existing agreements covering territorial waters).



EU and third country waters

There will be no automatic access for UK-registered vessels to fish in EU or third country waters (subject to any existing agreements covering territorial waters).

Quota allocations and fishing opportunities

If you’re a UK quota holder, the UK fisheries administrations will tell you what your allocation will be. They’ll aim to do this in March 2019.
The government will also confirm arrangements for:
  • non-quota shellfish (scallops and edible/spider crabs)
  • demersal species under the Western Waters effort regime.
There will be no automatic access for:
  • the UK Fisheries Administrations to exchange fishing opportunities with EU member states
  • for EU member states to exchange fishing opportunities with the UK

North-East Atlantic Fisheries Commission (NEAFC) Convention Area

You can prepare for the UK joining the NEAFC. For UK-registered vessels to continue fishing in the convention area, and landing into the EU, you must hold a current UK domestic licence. You’ll need this before you can apply for an international licence from the relevant fisheries authority.
Please contact your local fisheries authority office if you want further guidance on fishing internationally. You’ll also need to register with the NEAFC’s electronic Port State Control system and complete the Port State Control 1 forms.

Regional fisheries management organisations (RFMOs)

The UK will join all relevant RFMOs as quickly as possible - it will no longer be a member of RFMOs through EU membership.
The joining process may take up to 6 months, so there may be a gap in our membership.
During this time, UK vessels may not be able to fish in international waters covered by RFMOs. We’ll keep fishermen informed of progress and what the outcome of a decision will mean in practice.

Access to ports

If you have a UK-registered vessel, you’ll no longer have an automatic right to land fish in any EU port. You’ll be allowed access to EU designated ports for:
  • port services
  • landings
  • transhipment
  • the use of market facilities (where vessels meet EU requirements on illegal, unreported and unregulated fishing)
    You must notify the relevant Fisheries Monitoring Centre of your intention to arrive into a designated port. You must notify vessel and catch related information.
    You’ll be allowed access to EU designated ports and third country ports without first telling the port of your plan to visit in cases:
    • of distress
    • if there’s an unexpected event (force majeure)
     Your vessel may be inspected. This could include:
    • a full document check
    • inspection of the catch
    • database checks (if you’ve supplied information electronically)

    EU and third country vessels landing into UK ports

    Non-UK vessels, including EU vessels, will need to follow the same rules that will apply to UK-registered vessels accessing an EU port. For example, they’ll need to give notice of their plans to land, except in cases of distress and unexpected events (force majeure).
    EU vessels fishing in the NEAFC Convention Area and landing into the UK will need to complete a Port State Control 1 form.

    Import and export of fishery products

    You’ll need a catch certificate for importing or exporting most fish and fish products between the UK and EU.
    You will not need a catch certificate for trade:
    • in some aquaculture products
    • freshwater fish
    • some molluscs
    • fish fry
    • larvae
    The rules on illegal, unreported and unregulated fishing will not change.

    Exporting UK-caught fish and fishery products to the EU

    You’ll need a catch certificate with each consignment of fish or fishery products you export to the EU. It will be your responsibility as the exporter to complete a catch certificate.
    If the consignment will be sourced from more than one UK vessel, you’ll need to complete a Multiple Vessel Schedule.
    You’ll need to submit this along with the catch certificate.
    Vessel owners or skippers making direct landings of UK vessels into EU ports will also need to issue a catch certificate.
    You’ll need verification for the content of a catch certificate from the UK fisheries authority where the vessel is licensed. You will need this before submitting the content to the competent authority in the EU country of import. The UK fisheries authorities are:
    • the Marine Management Organisation (MMO) in England
    • Marine Scotland
    • the Department of Agriculture, the Environment and Rural Affairs (DAERA) in Northern Ireland
    • Welsh Government
    The UK fisheries authorities are developing an IT system to deal with the increase in export catch certificates.

    Importing EU-caught fish and fishery products to the UK

    For EU imports, you’ll need a catch certificate for each:
    • consignment
    • direct landing of fish or fishery products .
    The exporter will have to submit the certificate to the Port Health Authorities or relevant fisheries authority.
    The certificate will need to be checked at least 3 working days before the estimated arrival time into the UK. This deadline could be adapted to take account of the type of fishery or distance from fishing ground to port.

    Labelling and marketing of fishery and aquaculture products

    The rules and standards for labelling and marketing in the EU and UK will stay the same. See the existing guidance on:
    • fish sold for human consumption
    • fish and aquaculture products
    The roles of Producer Organisations will also stay the same.

    European Maritime and Fisheries Fund (EMFF)

    The UK government has guaranteed that all EMFF projects approved before 31 December 2020 will be fully funded.

    Eels and eel products

    Trade in the European eel (Anguilla anguilla), within and outside the EU, will remain subject to the Convention on International Trade in Endangered Species (CITES). This means the UK will not be able to import or export European eel. Most of the eel (Anguilla japonica) consumed in the UK is imported from China and so the impact on consumers should be limited.

    Published 10 January 2019

    Saturday 12 January 2019

    The NFFO's thoughts on the first piece of Fisheries legislation to pass through parliament.

    FISHERIES BILL - 2019

    Both sides of the Christmas break have seen intense activity at Westminster as the Fisheries Bill, the first piece primary fisheries legislation for decades, passes through the parliamentary process. The central purpose of the Bill is to provide UK fisheries ministers with powers to set quotas and control access over fishing in UK waters, when the UK leaves the EU - and therefore the CFP.

    In contrast to a febrile, not to say toxic, atmosphere elsewhere in Westminster, there is something like a cross-party consensus that these powers will be necessary, post-Brexit, as it would be irresponsible to leave a vacuum. The Bill also provides quite wide delegated powers to UK fisheries ministers to amend fisheries law retained from the CFP. Ministers would also use delegated powers and secondary legislation to provide for an adaptive and responsive future UK fisheries policy. This would contrast starkly with the CFP’s cumbersome and dysfunctional decision-making processes. In this too there seems to be a broad cross-party consensus, but with concerns to ensure that there are safeguards to ensure that such discretionary powers are not used in a capricious or perverse way.

    Outside these central themes, the Bill is heavily shaped by the devolution settlement. The settlement inarguably makes fisheries management in the UK infinitely more complex and vexed, especially when there are different complexions of government in London and Edinburgh. The main vehicle for cooperation between the devolved administrations – joint fisheries statement – is an untried and untested concept with plenty scope for ambiguity and future conflict.

    Likewise, in English fisheries, the Bill provides for powers to auction quota that are novel and likely to be controversial when it comes to implementation. Perhaps less controversially, the Bill provides new ways of mitigating chokes caused by the application of the landing obligation to mixed fisheries.

    Given the wide recognition that the Bill is a necessary piece of enabling legislation that will allow the UK to manage its fisheries outside the CFP, the main focus of proposed amendments as the Bill passes through the various parliamentary stages, has been on various add-ons sought by MPs. These have varied from the useful, to the pointless, to the potentially damaging. There is a danger that poorly thought-through amendments and a tendency to seek to overload primary legislation, could, if allowed, replicate the CFP’s rigidity. The Government, so far, in committee stage has fought-off the more potentially damaging of these amendments.

    The Bill is now about to face scrutiny and possible amendment in the House of Lords before returning to the Commons for a final vote.

    NFFO

    The Federation, working with parliamentary specialists, Connect, has:


    • Supported the main purpose of the Bill
    • Provided written and oral evidence to the Bill’s Scrutiny Committee and the Scottish Affairs Committee
    • Provided comprehensive briefing materials to MPs of all relevant parties
    • Met and briefed key players in the legislative process
    • Built on our two successful lobby day events, each attended by over 60 parliamentarians
    • Met with House of Commons library staff, whose role is to provide objective briefing materials to MPs
    Sought a limited number of amendments including:
    1. An advisory council to inform ministerial decisions
    2. A dispute resolution mechanism to deal with conflicts between the devolved administrations
    3. Highlighting the anomaly through which the English fishing sector is denied equivalent representation at ministerial level

    Sustainable Fishing

    The Government rightly puts sustainable fishing at the heart of the Bill’s objectives and affirms its commitment to manage our fisheries in line with the maximum sustainable yield principle. The arbitrary 2020 MSY deadline has correctly been dropped, mainly because it is unachievable and scientifically illiterate but also because it is an impediment to the practical, sustainable, management of real fisheries. The biomass of individual stocks can slip below MSY for environmental reasons affecting recruitment, and often do. The application of MSY in mixed fisheries often requires trade-offs to secure different but equally important objectives (for example, reducing discards/avoiding chokes or mitigating socio-economic impacts).

    MSY is a valuable aspirational marker but as a legally binding straightjacket, it undermines sustainable fisheries management. As a warning, it should be carefully noted that if the MSY objective had been applied as a rigid, legally-binding, requirement at the Council of Ministers in December, most demersal fisheries in Western Waters would now be closed, with frightening consequences for fishing businesses and fishing communities.

    It is important therefore that the Fisheries Bill contains realisable objectives and avoids superficially desirable but catastrophically naïve legal requirements.

    Lords

    The Bill now passes to the Lords and the Federation will be continuing its work by meeting with key figures in the House of Lords and by providing detailed briefing on the purpose and detail of the draft legislation, as required. The Lords’ role is that of a more deliberative, amending role, and so it is equally important that there is a good understanding amongst legislators of the central issues and legislative pitfalls.

    Overload and Counterweight

    The main danger with the Bill lies not so much with the proposed legislation but with ill-considered add-ons. The lesson was well learnt with the CFP, that overloading primary legislation delivers a cumbersome and inflexible system, incapable of addressing obvious errors, or dealing with new information, including formal scientific advice. In dealing with dynamic natural resources and a dynamic fishing industry, this rigidity has been disastrous within the CFP. As de facto fisheries managers, the Government has learnt this lesson well and foresees an important role for secondary legislation which can be amended relatively rapidly to meet new contingencies (as well as redefining retained EU fisheries law). All those concerned with practical implementation, rather than superficial posturing, will support this approach. In granting wide discretionary powers it is important to have necessary counterweights. Parliamentary scrutiny of secondary legislation will be important but equally, future fisheries policy should be informed by knowledgeable and experienced individuals in the form of an advisory council. The Government has not yet accepted this although there seems to be wide cross-party support for something to be put in place.

    Summary

    This is the most important piece of domestic fisheries legislation to have passed through Parliament for 30 years. As such, the Federation has devoted a great deal of energy and focus in ensuring that its central powers are adopted, and that it is not deformed by ill-considered amendments. We have suggested a limited number of changes to the legislation.

    Further NFFO news here:

    Friday 11 January 2019

    Thursday night #FishyFriday morning.


    Even the bigger boats in the fleet, like the Twilight III, that arrive at high water often take the opportunity to land direct to the fish market...



    IRB Ivor & Mollie Dent crew disembark after their second shout of the day...



    a 'mackerel gurdy', used by many of the smallest boats in the fleet which enables them to catch a surprisingly wide variety of species...



    WIP or Under Constriction, work on the new lifeboat surges ahead...



    the harbour is now home to three rowing gigs...



    calm enough this evening...



    the lifeboat has sports a weight-saving wooden construction...



    high water also allows the smaller netters to access their net store direct to take on and off gear...



    and so into #FishyFriday morning...



    just one of a handful of sharks on the market this morning...



    probably more popular with those of a certain age, hard roe fried gently in butter on toast or smoked and turned into taramasalata, delicious either way...



    a big haul of scallops for a beam trawler...



    line caught pollack should make good money...



    plenty of mackerel about again but the run is very small...



    there's there's a good chance that these two fish represent an entire morning's fishing for a certain dedicated handliner working from Newlyn...



    when what he was searching for are fish like this...



    they come in pairs...



    the price of hake continues to rise as it begins to feature on more and more menus across the country - a great result for the boats who are members of the MSC Certified Cornish Hake fishery...



    perfect dinner-plate sized turbot...



    the unmistakable silvery skin of the 'king of fish' as Floyd deemed the mighty bass...



    another good shot of ray for the inshore trawler...



    Mousehole fish man Colin, hanging on every bid and poised ready to strike, like a king cobra...



    these boots...



    a cracking brace of red mullet...



    quality and quantity of flats from the inshore trawler Elisabeth Veronique....



    name the fish to which this tail belongs to...



    monk tails...



    more monk tails...



    there's only one...



    there's two side to every Dover sole...



    top tally...



    a good run of plaice from the Twilight III...



    at this time of year these little chaps are hard to come by in any quantity...



    there's enough ray wing cuts to keep Ben's Tolcarne Inn busy all week...



    the eyes have it, the eyes have it...



    dawn breaks...



    one of the few withy pot makers left practising his art, Dick Ede with the first crop of willow reed cut this year from the Somerset flats ready for the season...



    as a bevvy of Dutch visitors gets the benefit of John Thomas' fishing knowledge on the history of fishing for dogfish from Newlyn...



    he ought to know as he held the port record for many years at £37,500 with his boat Boy Gary seen here alongside the quay with the crew still picking out dogs from the nets at midnight...




    Capn' Cod and Plugger ponder the state of the fishing nation over breakfast in the Harbour Cafe...



    which is looking distinctly cheerful this morning owing to a huge bunch of early season daffodils...



    down the quay, the Galilee is benefiting from a foremast with some rather fetching curves...



    as the sun tries its best to peer between the sea and the cloud cover...



    there seems to be an increasing number of Cornish flags sporting the Union Jack in the harbour...



    ever watchful Tom...



    and a lonely gull on patrol off the gaps.

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