Commentary on provisions of Act Fishing opportunities Section 27: Sale of English fishing opportunities
This section allows the Secretary of State to provide, in regulations, for the sale of rights to use one or more English catch quotas or English effort quotas. The intention is that regulations would provide for the tender or auction of a proportion of the additional fishing opportunities that are gained following the UK’s withdrawal from the EU. The sale of quota would only be used to allocate a portion of UK quota which may be allocated by the MMO or the Secretary of State to English fishing boats. The regulations could include the requirement that certain criteria are met in order to purchase fishing opportunities, for example environmental criteria. The regulations could therefore require fishing opportunities to be allocated on criteria other than price.
	Subsection (1) is a power which provides that the Secretary of State may by regulations make provision for the sale of the right to use one or more English catch quota or English effort quota.
	Subsection (2) allows the regulations made under subsection (1) to provide for sale by reference to such fishing boats, by such persons and subject to such conditions as may be prescribed in the regulations.
	Subsection (3) lists the matters which the regulations may make provision about.
	Subsection (4) requires that the MMO must exercise its function to secure, as far as possible, the sale of quota does not result in breaches of licence requirements.
	Subsection (5) requires the Secretary of State to consult appropriate persons before making regulations under this section.
	Subsection (6) provides that regulations made under this section are subject to the affirmative resolution procedure.
	Subsection (7) defines "English catch quota" and "English effort quota" for the purposes of this section.
	Subsection (8) introduces Schedule 5, which confers equivalent powers on the Welsh Ministers to make regulations to sell Welsh catch quota and Welsh effort quota to the Welsh fishing industry.