Section 8 sets out exceptions from the requirements of Part 2 of the BBNJ Act with respect to fishing and fishing related activities, military activities and military vessels and aircraft, anything done in Antarctica and the MGR and DSI on the MGR of Antarctica.
	Section 8 subsection (1)(a) and (b) implement the provisions of Article 10(2) of the BBNJ Agreement:
"The provisions of this Part shall not apply to:
(a) Fishing regulated under relevant international law and fishing-related activities; or
(b) Fish or other living marine resources known to have been taken in fishing and fishing-related activities from areas beyond national jurisdiction, except where such fish or other living marine resources are regulated as utilization under this Part."
	The intention behind Article 10(2) is to exempt commercial fishing as well as activities related to fishing, such as fish stock assessments, from the provisions of Part II of the Agreement. The approach taken in the Agreement is somewhat complicated as it excludes in Article 10(2)(b) "fish or other living marine resources known to have been taken in fishing-related activities" from the provisions of Part II except where they are "regulated as utilisation under this Part". The intention is to (a) exclude activities that would count as "utilisation" within the meaning of the BBNJ Agreement where the research is related to fishing, while (b) capturing instances where fish or other marine resources that were originally taken during fishing or fishing-related activities are later subject to utilisation that is not related to fishing-related activities. The approach in the BBNJ Act is to set up the regime under Part 2 and then specifically exclude fishing and fishing-related activities including utilisation for fishing-related activities.
	Section 8 subsection (1)(a)(i) and (ii) exclude fishing using a UK craft by reference to the provisions of the Fisheries Act 2020.
	Section 8 subsection (1)(b) excludes fishing-related activities. It does so by reference to activities undertaken in accordance with the joint fisheries statement or any document or plan issued by the fisheries policy authorities or the Marine Management Organisation for the purposes of the Fisheries Act 2020, which are undertaken to give effect to the scientific evidence objective as set out in section 1(5) of the Fisheries Act 2020. The provision is clear that research that will otherwise count as utilisation within the meaning of the Act is excluded from the provisions of the Act if it uses fish taken in fishing or fishing-related activities and if the research is undertaken to give effect to the scientific evidence objective set out in the Fisheries Act. This would exclude fish or other marine living resources taken during research cruises on the MV Endeavour, a research vessel owned and operated by the Centre for Environmental, Aquaculture and Fisheries Science (CEFAS), or the MV Scotia which is owned and operated by Marine Scotland, where the cruise and the research is undertaken to give effect to the scientific evidence objective. Section 8 subsection (2) defines "the fisheries policy authorities" and "joint fisheries statement" by reference to the Fisheries Act 2020.
	Section 8 subsection 1(c) exempts warships, aircraft or naval auxiliary ships from the provisions of Part 2 of the Act. This is consistent with Article 4 of the Agreement which states:
"This Agreement does not apply to any warship, military aircraft or naval auxiliary. Except for Part II, this Agreement does not apply to other vessels or aircraft owned or operated by a Party and used, for the time being, only on government non-commercial service. However, each Party shall ensure, by the adoption of appropriate measures not impairing the operations or operational capabilities of such vessels or aircraft owned or operated by it, that such vessels or aircraft act in a manner consistent, so far as is reasonable and practicable, with this Agreement."
	Section 8 subsection 1(d) gives effect to the exemption in Part II of the Agreement for military activities. Article 10(2) of the Agreement states:
"The obligations in this Part shall not apply to a Party’s military activities, including military activities by government vessels and aircraft engaged in non-commercial service. The obligations in this Part with respect to the utilization of marine genetic resources and digital sequence information on marine genetic resources of areas beyond national jurisdiction shall apply to a Party’s non-military activities."
	The exceptions are intended to ensure that research activities conducted from State owned or operated research vessels – for example the Royal Research Ships – are captured by the provisions of Part II of the Agreement, while excluding military ships, aircraft and activities from the obligations in that Part.
	Section 8 subsection (1)(e) excludes from the provisions of Part 2 of the BBNJ Act anything done in Antarctica, and Section 8 subsection (1)(f) excludes the MGR of Antarctica, including DSI generated on such MGR. Article 5(2) of the BBNJ Agreement provides:
"This Agreement shall be interpreted and applied in a manner that does not undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies and that promotes coherence and coordination with those instruments, frameworks and bodies."
	In its Declaration on signature of the BBNJ Agreement the UK noted that "the Antarctic Treaty system comprehensively addresses the legal, political and environmental consideration unique to that region and provides a comprehensive framework for the international management of the Antarctic". The exceptions in Section 8 subsection 1(e) and (f) reflect the UK’s position that the Antarctic Treaty system is competent with respect to the MGR and DSI generated on such MGR of Antarctica. Section 8 subsection (2) confirms the meaning of "Antarctica" by reference to the Antarctic Act 1994.
Part 2 – Marine Genetic Resources Section 8: Exceptions