Commentary on provisions of Act Power to make further provision Section 36: Power to make provision about fisheries, aquaculture etc.
This section provides a power for the Secretary of State, by regulations, to make provision on technical matters currently regulated by the EU under the CFP. The purpose of this power is to allow the UK to meet its international obligations, conserve the marine environment and to adapt fisheries legislation, including approximately 100 regulations of the CFP incorporated into UK law under the EU (Withdrawal) Act 2018.
	Subsection (1) provides that the Secretary of State may, by regulations, make provision for the purpose of implementing an international agreement or arrangement relating to fisheries, fishing or aquaculture; for a conservation purpose; or for a fish industry purpose.
	The meaning of "conservation purpose" and "fish industry purpose" are given in subsections (2) and (3) respectively.
	Subsection (4) lists the matters which the regulations made under subsection (1) must be about. It also provides that the list of matters does not apply in relation to regional fisheries management regulations and regional fisheries management arrangements pursuant to membership of RFMOs and other multilateral and bilateral obligations. These are defined in subsection (5). The matters in the list are:
	the quantity of sea fish that may be caught;
	the amount of time that fishing boats may spend at sea;
	the landing of sea fish;
	bycatch;
	catching, landing or selling sea fish that are below a certain size;
	setting and enforcing targets relating to stocks of sea fish;
	the design of sea fishing equipment;
	the use of sea fishing equipment;
	the retrieval of lost or discarded sea fishing equipment;
	methods of sea fishing;
	the processing of sea fish on fishing boats;
	the use to which the Secretary of State may put information obtained in the exercise of his functions relating to fisheries or aquaculture;
	the functions, objectives or regulation of POs or inter-branch organisations;
	the marketing of fishery products (including labelling);
	keeping, disclosing or publishing accounts, records or other documents or information by persons involved in –
commercial fish activities or commercial aquaculture activities,
monitoring, or enforcing, compliance with the regulation of commercial fish activities or commercial aquaculture activities;
	the use in aquaculture, or transport, of aquatic organisms that are members of an alien species or a locally absent species;
	monitoring, or enforcing, compliance with the regulation of any of matters mentioned in the preceding paragraphs of this subsection.
	Subsection (5) gives the meaning of "regional fisheries management regulations".
	Subsection (6) provides that regulations under this section may make different provision in relation to different descriptions of sea fish or other animal, different descriptions of fishing boat or to different areas of the sea or inland waters.