Moved by
Baroness Worthington
35B: Clause 27, leave out Clause 27 and insert the following new Clause—
“English fishing opportunities
(1) The English fishery shall be vested in Her Majesty.
(2) The Disposal Authority has the power to dispose of English fishing opportunities on behalf of Her Majesty—
(a) for open market value or beneath open market value where there is demonstrable public or charitable benefit;
(b) on the terms of a licence for a period of no more than seven calendar years;
(c) upon such other terms and conditions as the Disposal Authority deems appropriate fit, having regard to good fishery management; and
(d) in accordance with the provisions of the Crown Estate Act 1961.
(3) Any fishing opportunities granted pursuant to subsection (2) may not create or transfer any proprietary right, title or interest in such fishing opportunities or in any fish before such fish are harvested by the holder of the opportunity.
(4) As soon as is reasonably practical after the end of each financial year, the Disposal Authority must send to Her Majesty a report on the performance of their functions in the previous financial year, and must lay a copy of that report before Parliament.
(5) The Disposal Authority must exercise its functions to secure (so far as possible) that—
(a) fishing boats are not used in contravention of section 14(1) (prohibition on fishing without authority of licence), and
(b) conditions attached to sea fishing licences under paragraph 1 of Schedule 3 are not broken, as a result of the exercise of opportunities sold in accordance with this section.
(6) In this section—
“Disposal Authority” means the Crown Estate Commissioners;
“English fishery” means the rights for the purpose of exploiting fish species belonging to Her Majesty;
“English fishing opportunities” means contractual rights to exploit the English fishery for catch quota, effort quota or other means of distribution.
(7) Schedule 5 contains provision conferring power to sell fishing opportunities on the Welsh Ministers.”