Marine Fund Scotland 2024-2025: general guidance notes

World Trade Organisation (WTO) Agreement on Fisheries Subsidies and Free Trade Agreements

The WTO agreement which the UK ratified in December 2023, as well as a number of Free Trade Agreements the UK has entered into with other countries, add eligibility criteria to MFS applications in 24/25. See Annex D for information on serious infringements.

You are ineligible for assistance, and cannot apply for assistance if:

• you or your vessel have been found to have committed a serious violation of conservation or management measures within the preceding 12 months.
• you or a vessel you operate is listed for engaging in IUU fishing by:
  • the UK;
  • the flag State of the vessel; or
  • a Regional Fisheries Management Organization or Arrangement (RFMO/A).
• you or a vessel you operate have been notified for engaging in IUU fishing under the WTO Agreement on Fisheries Subsidies.
• during the period of the assistance, you or the vessel you operate are listed or notified for IUU fishing, as mentioned above, we will be unable to maintain the assistance and any remaining payments will be withheld.
• the project relates to fishing or fishing related activities negatively affecting fish stocks that in an overfished condition. We will identify fish stocks we consider to be in an overfished condition as early as possible at the start of each calendar year, prior to the application for and consideration of, any bids for financial assistance. We will keep our list of overfished stocks under review. If a stock becomes overfished during the period of the assistance we will be unable to maintain the assistance and any remaining payments will be withheld. An exception to the restriction above is that assistance may be available for fishing or fishing related activities relating to an overfished stock where the assistance is intended to rebuild a stock to a biologically sustainable level.
• The project relates to operations that increase the fishing capacity of a fishing vessel, or for equipment that increases the ability of a fishing vessel to find fish, except where they meet legitimate public policy goals such as improved safety or sustainability.
• the project involves/relates to fishing for fish stocks managed by a Regional Fisheries Management Organisation or Arrangement (RFMO/A), where the UK is not a member or cooperating non-member of the Organisation or Arrangement.
• the project involves/relates to fishing or fishing-related activities conducted:
  • without the permission of the flag State where permission is required, and;
  • if operating in another State’s waters, without permission of that State.
• the project involves/relates to fishing or fishing related activities outside of the jurisdiction of a coastal state and outside the competence of a relevant RFMO/A. If, during the period of the assistance, it is used to support fishing or fishing related activities of the sort mentioned above we will be unable to maintain the assistance and any remaining payments will be withheld.