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Draft Sea Fisheries (Bag Limits) (Jersey) Regulations 200-.

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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A decision made (21/12/2006) regarding Draft Sea Fisheries (Bag Limits) (Jersey) Regulations 200-.

Subject:

Draft Sea Fisheries (Bag Limits)(Jersey) Regulations 200-

Decision Reference:

MD-E-2006-0230

Exempt clause(s):

n/a

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

n/a

Telephone or

e-mail Meeting?

n/a

Report

File ref:

6.1.32

Written report – Title

Draft Sea Fisheries (Bag Limits)(Jersey) Regulations 200-

Written report – Author

(name and job title)

Dr Simon Bossy – Head of Fisheries and Marine Resources

Decision(s):

The Minister approved the draft legislation for forwarding to the UK Secretary of State.

Reason(s) for decision:

To combat the deleterious effect, on both fish stocks and the market for certain species which attract high value, of the selling of fish and shellfish by non-licensed fishermen.

To control the exploitation of a particular species which is threatened with over exploitation.

Action required:

Once the draft legislation is approved by the Minister, the Regulations are to be forwarded officially for Secretary of State approval by the Crown Officers.

Signature:

Senator Philip Ozouf

Minister for Economic Development

Date of Decision:

21 December 2006

Hide report
Draft Sea Fisheries (Bag Limits) (Jersey) Regulations 200-.

ECONOMIC DEVELOPMENT DEPARTMENT

DRAFT SEA FISHERIES (BAG LIMITS)

(JERSEY) REGULATIONS 200-

A item

Purpose of the Report

Higher efficiency and market returns in the fishing industry alongside low environmental impact practices.

Background

Jersey’s fish populations may be exploited by two main groups of people, the professional fishermen and the amateur or leisure fishermen. Leisure fishermen are not permitted to sell their catch caught from a vessel that does not have a fishing licence; however, because certain species attract a high value if sold (in particular lobster and bass) some unscrupulous individuals that do not have a fishing licence for their vessel are tempted to catch more than they need for themselves and sell the surplus catch.

Discussion

It is a very difficult task to control the sale of fish caught from an unlicensed vessel and this legislation serves to limit landing of the named species of fish and shellfish by non-licensed fishermen to a reasonable amount per day; ormer 20 per person per day, lobster 5 per person per day and bass 5 per person per day.

While it is recognised that limiting the number of ormers caught is a conservation measure to protect stocks which are still recovering after the disease, limiting numbers of lobster and bass targets the illegal sale of fish and shellfish by non-licensed fishermen. The Fishing industry has called on the Department to introduce legislation which would effectively prevent the sale of “black” fish which results in a reduction in the market price. The Sea Fisheries and Marine Resources Advisory Panel is unanimous in its support of this measure.

At present professional fishermen either have a shellfish qualified licence which allows them unlimited catches of shellfish or are only allowed to fish for 15 lobsters and 25 per crabs per day. No such restriction exists for leisure fishermen and this legislation would rectify the disparity. The bag limits in the proposed legislation make generous allowance for leisure fishermen fishing for their own consumption.

Although the majority of anglers would support the introduction of bag limits some objections may be raised to this legislation by those who see the measure as a denial of a source of income. Fishermen catching bass from the shore using rod and line, set nets and longlines may currently sell an unlimited number of bass as there is no requirement for them to hold a fishing licence, therefore some such individuals may see a reduction in income derived from this source. It is likely however that the principal objectors will be those anglers working from unlicensed fishing boats who will no longer be able to sell significant quantities of bass and indeed it is the aim of this legislation to deny them that illegal income.

The existence of bag limits for bass would contribute to the increase in angling tourism as it would underline the importance to the Island of efficient management of the fishery.

The legislation denies no one the right to fish. Fish caught in excess of the bag limit can be put back into the sea or, if fishermen wish to sell their catch and legalise their activity, licences are available for them to buy.

Recommendation

The Minister is requested to approve the draft Sea Fisheries (Bag Limit)(Jersey Regulation 200- for onward transmission to the UK for Secretary of State Approval

Written by:

Dr Simon Bossy – Head of Fisheries and Marine Resources

 

 

Approved by:

Chris Newton

 

 

Endorsed by:

 

Attachments:

Draft legislation

 

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