2024 Scottish Quota Management Rules

8. Annex A

8.1 Agreement Between Scottish Ministers and UK Fish Producers’ Organisations

This Agreement outlines the relationship between the Scottish Ministers and UK Fish Producer Organisations (PO), which are administering Scottish registered vessels, in respect of action which may be taken from 1 January 2016 in the context of the landing obligation. It is envisaged that the variation of individual fishing vessel licences may be necessary where a vessel operating in a PO has exhausted its holdings of a quota stock which it is obliged to land under the requirements of the landing obligation. In such an instance, a PO may consider that a variation is required to prohibit the vessel from continuing to fish in a specified sea area either for a limited period of time during the quota year (1 January to 31 December) or for the remainder of the quota year. Upon receipt of a written request by the PO, the Scottish Ministers (through Marine Directorate) will consider exercising their powers under section 4(9) of the Sea Fish (Conservation) Act 1967 to vary such licences in circumstances whereby the Scottish Ministers are satisfied with the PO’s conclusion that the licensee/vessel has exhausted its individual quota holding of the relevant stock(s). By signing this Agreement below, both parties agree to carry out their respective responsibilities outlined in Schedule 2.

Schedule 1 - Background

Schedule 2 - Outline of responsibilities of POs and Scottish Ministers

Schedule 3 - Notice of Variation: Removal of authority to fish (template)

Schedule 4 - Notice of Variation: Reinstatement of authority to fish (template)

Schedule 5A- Template e-mail for PO to request that the ScottishMinisters issue a licence variation to prohibit a named vessel from fishing in a specified sea area

Schedule 5B- Template e-mail for PO to request that the Scottish Ministers issue a licence variation to reinstate authority of a named vessel to fish in a specified sea area

Schedule 6 - Guidance on process (flowchart)

Signed (for/on behalf of PO)

Producer Organisation

Position of signatory

Date

Signed (for/on behalf of Scottish Ministers)

Position of signatory in Marine Directorate

Date

8.2 Schedule 2 - Outline of responsibilities of POs and Scottish Ministers

The PO (through its Chief Executive or designated official) :

a) may, in writing, and at least one week after both parties have signed the Agreement, request that Scottish Ministers vary the licence of individual Scottish-administered vessels operating in the PO to suspend the authority of the vessel to engage in sea fishing activities in specified parts of the sea where the vessel’s quota holding of a quota stock subject to the landing obligation from 2016 has been exhausted. (In making such a request, a PO should bear in mind that variations issued under this Agreement will be posted to licence nominees. As such, it will take 48 hours from the day of posting for them to have legal effect).

b) will provide in writing to Scottish Ministers (through Marine Directorate) the reason behind such a request together with confirmation that the vessel owner/licensee concerned is aware of the request and the circumstances behind it.

c) may recommend the length of the period to which the variation shall apply for up to a specified date in any calendar/quota year (1 Jan to 31 Dec) and to specify the relevant parts of the sea to which the variation should apply.

d) must ensure that, in exercising its responsibilities under these arrangements, any request which may cause Scottish Ministers to vary a licence is objectively justifiable, reasonable, fair and proportionate, takes account of all relevant considerations and risks and does not take into account any irrelevant considerations.

e) must maintain a full record of all relevant documentation leading up to and pertaining to a request to Scottish Ministers to issue a licence variation under the terms of this Agreement and must make such record available to Scottish Ministers should they so request.

f) must maintain an on-going list of all vessels operating in the PO subject to licence variations under these arrangements together with reasons for such variations and must make such record available to Scottish Ministers should they so request.

g) will review and, where appropriate, amend its Quota Management rules, Articles or Memorandum of Association or other relevant internal rules, so as to allow this licensing arrangement with Scottish Ministers to be carried out legitimately under the authority of these rules/articles should the PO chose to avail itself of the facility and, thus, indemnify Scottish Ministers against the costs of any litigation arising from a licence variation made under these arrangements which is based on a challenge to the conclusion in fact that the vessel in question has exhausted its quota holding from the relevant stock(s).

h) will provide to quota managers in Marine Directorate electronic copies of its Quota Management rules, Articles or Memorandum of Association or other relevant internal rules which may be amended by virtue of these arrangements.

Scottish Ministers :

a) will retain their right to exercise their powers to vary licences (without a specific request from a PO) under section 4(9) of the Sea Fish (Conservation) Act 1967.

b) will consider any request made by a PO in accordance with this Agreement and, if satisfied that it is appropriate to do so, vary a licence as requested by a PO either to remove the authority of a vessel to fish in a specified sea area (see Schedule 3 template) or to reinstate the authority of the vessel to fish in a specified sea area (see Schedule 4 template)

c) reserve the right to refuse to vary a licence as requested by a PO under these arrangements and agree to provide the reasons for any such a refusal.

d) reserve the right to request and be provided with copies of all relevant documentation leading up to and pertaining to a PO’s decision to request the variation of a licence under these arrangements.