Commentary on provisions of Act Licensing of fishing boats Section 14: British fishing boats required to be licensed
This section deals with the circumstances in which a licence is required for British fishing boats. The prohibition and subsequent exemptions under this section will apply UK wide and ensure that the basic licensing requirement is consistent throughout UK waters. The effect of this change will be to replicate the effective status quo; that a licence issued by the Devolved Administrations or the MMO will be effective throughout UK waters.
	Subsection (1) requires that fishing anywhere by a British fishing boat is prohibited unless that boat has been authorised under a licence.
	Subsection (2) sets out the exceptions to the requirement to have a licence. These exceptions are the same as those set out in existing licensing orders. Generally, these exceptions are in place as the relevant fishing activity is regulated under another regime or because it would not be appropriate to license the activity. The fishing activities exempted are fishing:
	for salmon or migratory trout;
	for common eels (Anguilla anguilla) by a boat whose length is 10 metres or less;
	by a boat whose length is 10 metres or less and which does not have an engine to power the boat;
	by a boat used wholly for the purpose of conveying persons wishing to fish for pleasure;
	in the waters of the Isle of Man and the Channel Islands respectively.
	Subsection (3) provides a power for the Secretary of State, by regulations, to amend the exceptions to the licensing requirement in subsection (2). This will provide the flexibility to require in the future that further fishing activities are licensed if, for example, the activity is judged to risk the health of fish stocks. It replicates the ability to vary the exceptions by order under section 4 of the Sea Fish (Conservation) Act 1967.
	Subsection (4) requires that the Scottish Ministers, the Welsh Ministers and the Northern Ireland department give their consent to any changes to the exceptions from the requirement under subsection (1). Given that fisheries policy is generally a devolved matter, the requirement for the Devolved Administrations’ consent to regulations under subsection (3) respects the devolution settlements but at the same time ensures that the requirements are consistent across the UK.
	Subsection (5) provides that regulations under subsection (3) are subject to the affirmative resolution procedure.
	Subsection (6) makes it an offence to fish in contravention of subsection (1). The master, owner and charterer of a fishing boat would be guilty of the offence. Subsection (7) refers to further provisions on penalties, offences by bodies corporate, in sections 20 to 22.
	Subsection (8) defines the terms "length" and "licence" for the purposes of this section.