Guidance

Buyers and sellers of first-sale fish

Updated 12 September 2024

0.1 Guidance on how to sell your catch direct

In response to the coronavirus (COVID-19) outbreak we have received questions on the rules around selling your catch direct. We have produced the following guidance document to guide fishers through this process - How to sell your catch direct

1. What is first-sale fish?

‘First-sale fish’ means fish from a Union vessel which is offered for sale for the first time.

This includes fish below the minimum conservation reference size (MCRS – also known as ‘undersize’) brought ashore in accordance with the landing obligation (‘discard ban’).

In this guidance ‘Fisheries products’ or ‘fish’ includes fish and shellfish, a list of these is available at Regulation (EU) No 1379/2013 Annex1.

2. Who can buy first-sale fish

To purchase first-sale fish from a Union fishing vessel (directly or from the vessel’s agent) you must either be a registered buyer or buy less than 30kg of fish a day for your own consumption.

If you only buy fish from a designated auction site then you do not need to register.

If you buy fish from a merchant or wholesaler then this is ‘second sale’ (i.e. it has already been purchased before) and you do not need to register.

As a buyer of fish you should ensure that you and the person you obtain the fish from understand clearly who is the first buyer of the fish and what the contractual arrangements are and who will then be responsible for the sales note.

2.1 Registered buyers

The Marine Management Organisation (MMO) registers buyers and sellers operating in England.

You must only buy fish from someone allowed to fish commercially.

Once registered you must submit sales information (a ‘sales note’) and ensure you comply with the obligations under traceability.

2.2 Private consumption

If you buy less than 30kg of fish per day directly from a commercial fisher for your own consumption then you do not need to register as a buyer or submit sales notes.

3. Who can sell first-sale fish

Only commercial fishers and designated auction sites are allowed to sell first-sale fish.

3.1 Commercial fishers

Commercial fishing means fishing for any kind of reward or gain, whether through a financial transaction, barter or other form of trade.

3.2 Designated auction sites

If you want to sell fish by competitive bidding (‘auction’) this must be carried out at a designated auction site.

If you are an auction agent or sell fish across a designated auction site then you must register as a seller of first-sale fish.

4. Register as a buyer or seller of fish

You can register as a buyer and/or seller of first-sale fish for free by completing the form RBS1. You will need to provide details of:

• you or your company
• where you want to operate in the UK
• your registered and trading addresses
• where your records will be held;
• your facilities and proposed method of operation

Please note that you can only register as an individual if you buy fish for yourself and not on behalf of your employer. If you are a company you can only register individual offices or subsidiary companies if they are separate legal entities.

You must send the completed form and copies of any supporting documentation to:

Registration of Buyers and Sellers
Lutra House,
Dodd Way,
Walton Summit,
Preston,
PR5 8BX

You must not buy or sell fish until you have received your registration number.

5. Register an auction site

You can register your premises as a designated auction site for free by completing the form RBS3 (guidance note RBS4).

You will need to provide details of:

• you or your company
• your premises
• the days and times when you want to operate an auction
• weighing facilities
• local authority hygiene certificate

You must send the completed form and copies of any supporting documentation to:

Registration of Buyers and Sellers
Lutra House,
Dodd Way,
Walton Summit,
Preston,
PR5 8BX

You must not operate your auction until you have received your registration number.

6. Responsibilities of a registered buyer or seller

As a registered buyer or seller of fish you must

• ensure fish is weighed prior to first sale and maintain appropriate records.
• keep a record of each sale of fish for three years
• make records available for inspection at the notified location
• complete and submit a sales note to the competent authority for each transaction
• submit sales notes electronically (e-Sales) where turnover exceeds £175k

You will also need to comply with requirements for the traceability of fish, which includes transport, weighing and labelling of fish.

See the traceability section for detailed information.

Your premises and records may be inspected by a Marine Enforcement Officer (MEO) to assess compliance with the regulations.

7. Contact details

Please contact your local MMO office.

8. Further information

8.1 European Regulations

Control Regulation Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

Control Implementing Regulation Commission Implementing Regulation (EU) No. 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) 1224/2009.

Common Organisation of the Markets (CMO) Regulation Regulation (EU) No.1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products.

Marketing Regulation Council Regulation (EC) No. 2406/96 laying down common marketing standards for certain fishery products.

8.2 UK Regulations

Registered Buyers and Sellers Regulation The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations 2005 (as amended).