Consultation on the Recommendations from the Scottish Licensing Review Working Group

Annex A History of Fishing Vessel Licensing

The following paragraphs summarise the history and describe the current system of fishing licence issue and administration within Scotland and the UK.

1. The powers of UK Fisheries Ministers to license UK fishing vessels and to control fishing derive from the Sea Fish Conservation Act 1967, and from Statutory Instruments made under the Act, primarily the Sea Fish Licensing Order 1992 ( SI 1992 No 2633, as amended). Subject to one or two very minor and limited exceptions, the Order prohibits UK registered or British owned vessels from fishing commercially for sea fish, except in accordance with a licence.

2. The licence enables UK Fisheries Administrations to control the activities of the UK fishing fleet, in line with EU and UK objectives for fleet and catch management. The grant of a licence is a matter of discretion, not of right. Ministers exercise their discretion in using licensing powers to such an extent as appears to them necessary or expedient for the regulation of sea fishing.

3. Initially all vessels over a certain size (10 metres registered length) were required to obtain a licence before fishing for pressure or non-pressure stocks. Pressure stock licences were only issued to fishers who had vessels with a history of such fishing prior to 3 ^rd February 1984, or who had entered into an enforceable financial commitment to purchase or build a vessel. Non-pressure stocks at that time remained freely available.

4. Despite the introduction of restricted pressure stock licences, the fishing effort directed against these and other stocks continued to grow. In order to relieve the pressure, further restrictions on the availability of licences were introduced. In 1985 and 1986, additional stocks were re-classified as pressure stocks, and further stocks were designated as non-pressure stocks.

5. In February 1990, the definition of vessel length was changed so that licences were required for vessels over 10 metres overall length. Then, in May of that year, licensing was further extended to cover fishing for all species, whether or not subject to TACs (Total Allowable Catch), (except salmon and migratory trout) in domestic waters by vessels over 10 metres overall length. The species covered by this extension of licensing were called "Miscellaneous Species" resulting in Miscellaneous Species Licences ( MSLs).

6. As from 1 ^st May 1993, licensing was extended to vessels of 10 metres overall length and under. Licences were issued to all 10 metre and under vessels with a proven history of fishing in the period 28 ^th February 1991 to 27 ^th February 1992 and to those whose owners were able to demonstrate an enforceable financial commitment to purchase or build a 10 metre or under vessel. This measure means that all commercial UK fishing vessels must have a licence, irrespective of length, and there are a finite number of licences in issue. New vessels can therefore only be licensed if an existing vessel of similar or greater capacity gives up its licence.

7. In 1994 a review of licensing was carried out to try to simplify the overall structure and administration of licensing. The review endorsed the continuation of the main licence types for pressure stocks, non-pressure stocks and miscellaneous species, but re-named these Category A, B and C licences respectively. It also recommended making all licences transferable.

8. In March 1999 a report by the Fishing Vessel Licensing Review Working Group was published. The Report recommended that the existing licensing regime should generally be retained, but with some changes. These changes included up-grading moratorium licences, and those Category B licences to which were attached individual species licences to full Category A status. These changes took effect from 1 ^st May 1999.

9. Rules designed to simplify licence transfer arrangements were introduced on 19 ^th June 2000. Under these arrangements a revised form AFL7 ( Establishment or transfer of an entitlement and transfer of a licence) enabled three types of licence transactions to be carried out:

• establishing the right to apply for a licence
• arranging transfer of a licence entitlement
• enabling current licence holders to transfer the entitlement to their licences to third parties

These new arrangements were designed to help speed up the process of licence entitlement transfers, especially in those cases where a licence transferred with the vessel to which it was previously attached.