Commentary on provisions of Act Discard prevention charging schemes Section 28: Discard prevention charging schemes
This section allows the Secretary of State to provide in regulations for a scheme that would require a charge to be paid in respect of unauthorised catches of sea fish (a "charging scheme"). The purpose of the charging scheme is to charge for unauthorised catches at a level which deters overfishing and thereby incentivises fishers to use more sustainable fishing practices and avoid unwanted catches. Previously, fishers have regularly discarded fish when they have an unauthorised catch. The landing obligation requires that all catches of species which are subject to catch limits are landed (subject to limited exceptions). They cannot be discarded.
	Subsection (1) creates a power for the Secretary of State to make regulations to establish a charging scheme.
	Subsection (2) requires that the regulations must provide for how a charge would be calculated and when payments of a charge are due.
	Subsection (3) allows for a charge to be calculated by reference to matters specified in the charging scheme and list examples of those matters.
	The scheme is voluntary and subsections (4) and (5) limit the scope of any charging scheme to those registered under it. The charging scheme may only apply charges to those registered, and only persons eligible according to criteria that may be prescribed in the regulations could register. Subsection (6) allows for further provision to be made about registration or de-registration under the scheme.
	Subsection (7) provides that regulations under this section are subject to the affirmative resolution procedure.