How to apply for a dispensation from UK and European fishing laws to carry out scientific research from a fishing vessel in English waters.
Please complete the dispensation request form and submit it to the Marine Management Organisation (MMO). We aim to make a decision on most applications within 30 working days, however, each application is different and some applications will take longer than this if we are required to consult with other regulatory bodies.
If you require dispensation under the 2019 EU Technical Conservation Regulations (Council Regulation 2019/1241) for fishing operations for the purpose of scientific investigation involving more than 6 vessels, you must provide at least 3 months’ notice. This is because the UK is required under the Regulations to provide the EU Commission 3 months advanced notice of any such operations
Most dispensations are issued for licensed fishing vessels. However, you may also require a dispensation if your research is not being carried out using a vessel which is not a licensed fishing vessel. If you believe you may require a dispensation for a vessel which is not a licensed fishing vessel, please send an email stating the vessel name, dates of the survey, type of survey and equipment used to firstname.lastname@example.org
Examples of activities that require a dispensation include:
- using prohibited gears (for example undersized nets or modified trawls)
- catching, retaining or landing undersized fish or prohibited species
- fishing beyond set effort management limits (days at sea)
- catching and landing fish over a vessel’s catch limits – MMO may be able to provide extra quota to licensed fishing vessels involved in research
- catching, retaining or landing fish stocks for which a vessel has no quota allocation
Up to 2% of quota allocated to England is available for scientific dispensations. For any quota requests made by applicants for dispensations the MMO will determine whether the quota can be granted based on the context of the application and the availability of the specific quotas.
Licensing and consenting requirements
You may require additional licences and consents to carry out your proposed research. This is relevant regardless of which type of vessel you are using, and whether you require a fisheries dispensation. It is your responsibility to ensure such licences and consents are in place.
Marine licensing requirements
Work within the dispensation application may also require a marine licence or application for an exemption. It is the applicant’s responsibility to ensure that they have all relevant licences in place before they start any survey. Information on the application process and list of licensable activities is available here.
Marine Protected Areas (MPA)
The MMO is responsible for making byelaws in English inshore waters to protect European marine sites (EMS) and marine conservation zones (MCZs) from activities that may harm them; these may be commercial and/or recreational MMO byelaws must help to further the conservation objectives of the site.
You may be required to comply with these byelaws and, unless stated, the derogation does not allow you to undertake activities which would constitute an offence under the byelaw.
Your dispensation application will ask you to provide details of any marine protected area you may be operating in. A map and details of all marine protected areas can be found on the Joint Nature Conservation Committee (JNCC) website.
If your activity will take place within an MPA, you must be able to demonstrate that the activities which you are planning to undertake:
- are not likely to have a significant effect on any European marine site;
- are not capable of affecting (other than insignificantly) the protected features of any marine conservation zone (MCZ), or any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is dependent.
‘European marine site’ means any special area of conservation (SAC) or special protection area (SPA) designated or classified under the EU Habitats and Birds Directives. ‘European marine site’ also includes any candidate SAC, site of Community interest or proposed SPA.
If you cannot demonstrate both of the above points, an assessment of the impact of your activities on the relevant MPAs (European marine sites or MCZ) will be required.
The relevant statutory nature conservation body (SNCB) provides information on the protected features and ‘advice on operations’ in the conservation advice packages for each MPA. MPA conservation advice packages, along with guidance on how to use them is available online via the relevant SNCBs: Natural England (NE) for MPAs within the 12nm limit around England and Joint Nature Conservation Committee (JNCC) for MPAs beyond the 12nm to the 200nm limit.
The conservation advice packages will help you to identify if your research activity is likely to have any impact on the MPA features, and should be used to inform the assessment of impact/s using the following guidance:
Habitats regulations assessment (HRA) for EMSs (SACs/SPAs): Defra guidance
MCZ assessments for UK designations (MCZs): MMO guidance MCZ assessments follow the same principles as an HRA assessment – a staged approach to screening the activities.
If your research activity will have an impact on any MPA features you should consult the relevant SNCBs in order to discuss your research project. You can consult the relevant SNCBs via their consultation mailbox: NE: email@example.com and JNCC: OffshoreMPAs@jncc.gov.uk.
Other authority consents
You may also require consent or approval from other bodies before you are able to carry out the work that the dispensation applies to.
Local fisheries byelaws are the responsibility of the local Inshore Fisheries and Conservation Authority (IFCA). You should familiarise yourself with the IFCA byelaws in your research area and contact your local IFCA if necessary.
If your research involves salmon, eels, elvers, lamprey, sea trout, smelt or crayfish the Environment Agency should also be contacted to discuss your research.
For research in other UK waters, dispensations will be issued by:
Under the United Nations Convention on the Law of the Sea, all states have the right to conduct marine science research subject to the rights and duties of other States. The Marine Science Research (MSR) webpage contains an application form and guidance for further information.
The UK Government is committed to protecting vulnerable habitats and species in our seas. Foreign vessels engaged in research are required to carry out marine protected area (MPA) assessments in consultation with the SNCBs (as detailed above) to ensure their activities do not have significant impacts on protected features of these sites.
Marine Conservation Team
To discuss fisheries dispensations, wildlife licensing and Marine Protected Areas.
Telephone: 0300 123 1032
Marine Licensing Team
To discuss sampling and sediment analysis.
Telephone: 0300 123 1032