Section 26 Duties to ensure fishing opportunities not exceeded

(1)

The national fisheries authorities must exercise their functions relating to fisheries so as to secure (so far as possible) that, in any period—

(a)

no sea fish are caught by British fishing boats in excess of a catch quota for that period;

(b)

no days are spent at sea by British fishing boats in excess of an effort quota for that period.

(2)

In determining under subsection (1) whether a catch quota is exceeded, only count sea fish caught that are required to be counted against it under—

(a)

Article 15 of the Common Fisheries Policy Regulation (landing obligation), or

(b)

any other provision of F1assimilated direct legislation.

(3)

In determining under subsection (1) whether a catch quota or effort quota is exceeded, ignore any sea fish caught, or days spent at sea, that are referable to fishing opportunities of a territory outside the United Kingdom.

(4)

In this section “the national fisheries authorities” means—

(a)

the Secretary of State,

(b)

the Marine Management Organisation,

(c)

the Scottish Ministers,

(d)

the Welsh Ministers, and

(e)

the Northern Ireland department.

Annotations

Textual amendments

F1: Words in s. 26(2)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 94(2)(b)