Fishing vessel weekly licence variations: 30 December 2022

Licences are issued by the Scottish Ministers using powers in section 15 of the Fisheries Act 2020. Variations to those licences are made using powers granted to the Scottish Ministers under Schedule 3 paragraph 2 of the Fisheries Act 2020. Notices of those variations are made in accordance with Article 3 (2)(c)(ii) of The Sea Fishing (Licences and Notices) (Scotland) Regulations 2011.


Licence conditions

1. General and miscellaneous

Registration of fishing vessel

1.1 The vessel to which this licence relates must be registered as a fishing vessel under the Merchant Shipping Act 1995. The vessel must be 10 metres or less in overall length and registered at a port in Scotland.

Duration

1.2 This licence is valid from 0001 hours on 01 January 2019, (or on a later specified date) until 2359 hours on 31 December 2027. This licence rescinds and replaces any licence previously issued under the Sea Fish Licensing Order 1992.

Carriage and production of licence

1.3 This licence must be carried on board the vessel to which it relates at all times and must be produced to a British Sea Fishery Officer or Marine Enforcement Officer on demand.

Notification of variations

1.4 The master, owner, charterer, as appropriate, of the vessel to which this licence relates shall ensure that, no later than midnight every Friday in each week, the Scottish Government licence variations page is viewed, in order to check for notices of variation, suspension or revocation affecting the licence, which appear on that page.

Maintenance of licence details

1.5 This licence becomes invalid if any of the details connected to the vessel on the front two pages of the licence change, for example in relation to the kilowatt capacity or tonnage of the vessel. Should amendments be required to these details, an application should be made immediately for a new licence or for the establishment of an entitlement to apply for a licence. Failure to submit such applications within 3 months will result in the loss of any claim to a licence entitlement.

Reporting requirements

1.6 Vessel owners not in membership of a Producer Organisation must complete a FISH1 form (landing declaration for the vessel to which this licence relates) in respect of all landings of all species and submit it to the Fishery Office at which the vessel is administered, within 48 hours of the conclusion of the *fishing week. (*A fishing week runs from 0001 hours on Sunday to 2359 hours on Saturday.)

1.7 In accordance with Article 29(2) of Commission Implementing Regulation (EU) No. 404/2011, the Master shall complete and submit an EU logbook and a landing declaration in paper format in accordance with the provisions in Chapter I of Title III of that Regulation.

Observers

1.8 The vessel to which this licence relates shall, on receipt of a reasonable request, accept on board observers authorised by the Scottish Ministers to undertake activities specified by the Ministers. Masters of vessels shall provide adequate accommodation for observers, facilitate their work and avoid interference with the discharge of their duties. Masters of vessels shall also provide observers access to relevant parts of the vessel, including the catch, and to the vessel's documents including electronic files.

Pair trawling

1.9 The vessel to which this licence relates shall not pair trawl with a vessel which does not hold a licence to fish granted by one of the Fisheries Administrations in the UK or, in the case of a foreign-flagged vessel, the authorities of the flag state. The vessel shall not pair trawl with a vessel from another country without the prior approval of the Scottish Ministers.

Outboard motor

1.10 If the vessel to which this licence relates is powered by an outboard motor, it will be permissible for the licence holder to operate any make or model of outboard motor, up to the maximum power output specified on the vessel's Certificate of Registry or this licence including any mismatch.

Marine mammal reporting requirements

1.11 Where the vessel undertakes fishing activities the result of which causes or contributes to the mortality of or injury to any species of marine mammal, or where such species are taken as bycatch (regardless of whether such catches are retained on board) the master, owner, charterer, as appropriate, of the vessel to which this licence relates must complete and submit to the Marine Management Organisation a marine mammal injury reporting form in accordance with the guidance provided.

no later than 48 hours after the vessel returns to port. 1.11.1 For the purposes of this licence condition, the term marine mammal means any mammal which (a) is morphologically adapted to the marine environment including sea otters and members of the orders Cetacea (whales, dolphins, and porpoises), Pinnipedia, (walrus, seals and sea lions) and Sirenia (dugongs and manatees), or (b) primarily inhabits the marine environment (such as the polar bear); and includes any part of any such marine mammal, including but not limited to its raw, dressed, or dyed fur or skin.

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