DEPARTMENT OF THE ENVIRONMENT ON BEHALF OF
THE ECONOMIC DEVELOPMENT DEPARTMENT
Fish Farm Licence Conditions 29/07/11
Purpose of the Report
The Minister is responsible for the issue of fish farming licences on the seabed under the Sea Fisheries (Fisheries) (Jersey) Regulations 2010 and the Sea Fisheries (Jersey) Law 1994. This written report summarises the considerations surrounding the creation of revised, generalised licence conditions for all shellfish fish farms / established fisheries in the aquaculture industry
Background
Provide a generic set of licence conditions, to update existing conditions, which were issued over time on a bespoke licence by licence basis:
Over the last 20 years, the shellfish aquaculture industry has evolved considerably from a small ‘cottage industry’ with experimental plots to an industry that produced 832 tons of shellfish in 2010. There are now eight different companies licensed to conduct shellfish aquaculture in Jersey with an annual value of approximately £1.7 million (2010). With each company having entered the industry at varying points over the last 20 years, they have each been issued with bespoke, company-specific licence conditions, which although relevant at the time, have evolved with each new applicant and with new regulations and new aquaculture techniques. This has resulted in a system that is difficult to administer and lacking in transparency and equality.
Since 2008, the local shellfish aquaculture industry has been suffering from a 60-80% stock loss of Pacific oyster (Crassostrea gigas) each summer, attributed to the Oyster Herpes virus (OsHV-1 µvar). Similar high mortalities have been reported in France, with currently no known cure or prevention. With concerns over the viability and future of the Pacific oyster in aquaculture, the industry is looking to diversify into other shellfish species and production techniques.
In conjunction with the need to diversify into new species, new methods, equipment and technologies have also emerged in the shellfish aquaculture industry over the last 20 years. The current spectrum of licence conditions does not reflect some of these new developments in aquaculture, nor does it encourage such diversification.
Reflect the regulatory ability of the Minister to ensure that licences are operated in the best interests of Jersey:
Since the original licence conditions were issued, new governing regulations have been enacted and these permit the Minister to consider the benefits to the Island of issuing a licence. Such considerations include a requirement that the holder of a licence needs to retain a sufficiently close association with the Island to run and maintain the fishery in an efficient manner. The revised conditions reflect these requirements.
Discussion
Licence conditions to reflect greater transparency and equality across the industry:
A general set of licence conditions, re-issued to the entire shellfish aquaculture industry, will provide a system whereby all companies are held to account by the same conditions. Currently, licence conditions differ depending on when a company entered the industry and due to the evolution of licence conditions over time. The issuing of uniform licence conditions should remove the current, less than ideal situation, of some companies having potential advantages or disadvantages over others due to differing conditions.
Facilitate new methods of aquaculture and allow industry to diversify and help mitigate impact of oyster mortality:
A general set of licence conditions will clarify what activities can be conducted within a concession and facilitate the industry to diversify into new species and aquaculture techniques to mitigate against the loss of Pacific oysters from Oyster Herpes virus.
Reduce administrative burden of regulating industry:
Currently, each of the eight shellfish aquaculture companies have differing licence conditions, which can be time consuming for officers to administer and regulate. Generalised licence conditions, uniformly issued, will allow officers to regulate the industry as a whole, reducing administrative burden and ultimately officer time. The licence conditions also clarify that specialist, niche or new aquaculture products, which legally have to be sampled and regulated for public health purposes, will be done at the expense of the licencee and not solely the expense of the Department of the Environment and ultimatley the tax payer. Existing conditions only contain this requirement when it has been known from the onset that such sampling will be required.
Assist compliance with animal byproduct legislation and prevent dumping of waste on concessions – further protecting the industry, environment and the general public:
New conditions will help prevent the dumping of shell and waste shellfish parts on concessions. This will increase security for the public, who still have access to the concession areas and may injure themselves on disposed equipment and shells. This will also limit the disposal of diseased or dying shellfish and assist in compliance and equitability with animal byproduct legislation, which is currently being drafted. This condition is being recommended partly in consequence of complaints being received from a number of licence holders concerning the disposal of such material.
With the exception of this last condition, the revised conditions will not prevent any existing licence holder from continuing with their current aquaculture practices.
Recommendation
The Minister is asked to approve the issuing of generalised licence conditions, to all shellfish fish farms / established fisheries in the aquaculture industry.
Written by: | Fisheries Officer; Research & Development |
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Approved by: | Chief Executive Officer Department of the Environment |
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Endorsed by: | Director, Environmental Protection Department of the Environment |
Attachments:
Supporting Document – Revised Licence Conditions
29.07.11
Ministerial Decision Case Ref:MD-E-2011-0129
gov.je