A. GENERAL DETAILS AND PURPOSE |
1 | PROPOSED TITLE OF LEGISLATION Amendments to various Sea Fisheries (Jersey) Regulations |
2 | NATURE OF LEGISLATION (Law, Regulation, Order etc) Amendment to regulation |
3 | PLEASE PROVIDE A SHORT SUMMARY OF THE AIM OF THIS LEGISLATION (MAXIMUM OF 50 WORDS). To ensure that in accordance with the Jersey/UK Fisheries management Agreement (FMA) the local fisheries regulations are kept (where necessary) in harmony with those of the UK and the European Union. To ensure that any fisheries management measures recommended by the Joint Management Committee (established under the UK/French Granville Bay treaty) are promptly introduced as local regulations. |
4 | IS THE REQUEST FOR NEW, OR FOR THE AMENDMENT OF EXISTING LEGISLATION? It is most likely that the request will relate to the amendment of existing regulations. |
5 | (A) STATE THE ISSUE OR PROBLEM TO BE RESOLVED UK and European Union fisheries regulations are subject to regular change as fisheries and fishing techniques develop. The majority of these measures are contained in one EU regulation and it is known that they are being subjected to a complete review, likely to result in substantial modifications which should be implemented at the beginning of 2007. The existing EU measures are contained in a number of the Jersey regulations and it is therefore likely that they will require modification at some stage during 2007.
Fishermen, scientists and administrators attending the Joint Advisory Committee meetings established under the Granville bay treaty are constantly reviewing both existing regulations and fisheries management measures and it is likely that they will request several modifications to existing regulations before the end of 2007. (B) STATE THE EXPECTED BENEFIT OF THE MEASURE Any measures requiring implementation will enable Jersey to comply with it’s obligations under the terms of both the Jersey/UK FMA and the Granville Bay treaty. Such measures are also necessary to enable appropriate, non-discriminatory management of the fish stocks and marine environment in both the Island’s territorial sea and European waters. |
6 | WHAT POSITIVE OR NEGATIVE IMPACT DOES THIS LEGISLATION HAVE ON KEY OBJECTIVES OF THE STATES OF JERSEY? (ECONOMY; ENVIRONMENT; STEWARDSHIP; SOCIAL) see attached guidance notes Any measures likely to be introduced will have the following positive effects:
Jersey will be complying with Treaty obligations.
Jersey will be seen externally to be playing a full part in the safeguarding of marine resources at both local and European level.
Good management of fisheries resources will retain the ability of the local fishing industry to remain viable, thus securing employment of both fishermen and shore based support staff. The majority of the catch is exported bringing revenue to the Island. |
7 | WHAT WOULD HAPPEN IF NO ACTION WERE TAKEN? WHAT RISK WOULD BE RUN AND HOW GREAT WOULD IT BE? Should Jersey fail to introduce European and UK fisheries legislation within a reasonable timescale, then it would be in breach of the Jersey/UK FMA, ultimately the Island could lose it’s right to manage and police the 12 mile territorial sea. Additionally, the advantages gained for the rights of local fishermen both in terms of fishing opportunity and transferability of licences, could be lost. In allowing Jersey to introduce it’s own legislation for the Island’s Territorial Sea, the UK has insisted that the island indemnify the UK government against any penalties imposed on it by the EU, should it subsequently be found that the appropriate legislation has not been applied. It is unclear how likely it would be that the UK government would invoke any penalties should the Island fail to introduce this legislation. It is however important that Jersey is actively seen by the UK to adhere to the Management Agreement if it is to maintain the support of the UK authorities in fishing access negociations with both Guernsey and France. Jersey legislation is now exposed to regular scrutiny by French Administrators and any divergence from EU policy would soon come to light. The French government is very sensitive to the fines levied on it by the EU for failing to enforce fisheries regulations, and should it find the UK to be similarly lacking by not ensuring that Jersey legislation is parallel to that of the EU, then it may report the UK to the European Commission. The failure of the Island to adopt the agreed recommendations of the French and Jersey fishermen attending the Granville bay Joint Advisory Committee meetings could lead to deterioration in the excellent working relationship enjoyed with the French industry. Most Jersey catch is exported through France and it is important therefore to retain this relationship. |
| IS THE LEGISLATION LIKELY TO BE LONG AND/OR COMPLEX? It is difficult to say at this stage, however the measures are of a technical nature and could therefore be complex. |
9 | IS THIS A PREVIOUSLY UNIDENTIFIED/URGENT REQUEST? IF SO, PLEASE PROVIDE AN EXPLANATION? N/A |
B. EXTENT OF DEVELOPMENT OF POLICY |
10 | HAS THE REQUEST RECEIVED THE “IN PRINCIPLE” APPROVAL OF THE STATES OR ANY OTHER RELEVANT BODIES? The reasons behind this request have received approval under the terms of the Jersey/UK Fisheries management agreement which was signed on behalf of the States by the Greffier and also approved by the Home Office. The States of Jersey have also agreed the principles contained in the Granville Bay Treaty. |
11 | ARE THE PROPOSALS LIKELY TO BE LEGALLY CONTENTIOUS? (IF SO, HAS THE ADVICE OF THE LAW OFFICERS BEEN SOUGHT?) No |
12 | IS THERE LIKELY TO BE ANY EXPRESS OPPOSITION TO WHAT IS PROPOSED AND HOW MIGHT THIS MANIFEST ITSELF? This cannot be predicted at this stage, however for a measure to be introduced as a result of a recommendation from the Joint Advisory Committee, then it must have the support of the French and Jersey fishing industries. |
13 | HAS THERE BEEN CONSULTATION UPON THE PROPOSALS? (Describe the level of consultation generally, indicating organizations consulted, time allowed for consultation and whether or not responses to consultation were in favour of the proposal ) Not at this stage. |
C. THE EFFECT ON BUSINESS |
14 | BUSINESS SECTORS AFFECTED (Please state the business sectors or types of businesses likely to be affected and estimate the number of businesses involved) |
15 | COMPLIANCE COSTS FOR A TYPICAL BUSINESS (Please summarise the total estimated compliance costs regarding a measure for a “typical” business in each concerned sector or the type of business most likely to be affected in terms of recurring and non-recurring costs) |
16 | HOW DO THE COMPLIANCE COSTS OF OTHER OPTIONS COMPARE? |
17 | TOTAL COMPLIANCE COSTS (Summarise the total estimated compliance costs for all specific sectors or types of business/individuals likely to be affected) |
18 | EFFECTS ON INTERNATIONAL COMPETITIVENESS (Describe how any additional costs arising from the measure may affect the competitive position of the Island) |
D. THE EFFECT ON INDIVIDUALS & GROUPS |
19 | WHAT COSTS, IF ANY MIGHT BE INCURRED TO OTHERS (E.G. ISLAND RESIDENTS) AS A RESULT FROM THE LEGISLATION? |
20 | WHO WILL PRIMARILY BENEFIT FROM THE PROPOSAL AND IN WHAT WAY? (FINANCIAL, LIFESTYLE, FREEDOM TO ACT) |
21 | IF THE MEASURE IS PROPOSED TO BENEFIT A SPECIFIC GROUP OR SECTION OF THE POPULATION, IS ANYONE LIKELY TO BE OTHERWISE ADVERSELY AFFECTED OR DISADVANTAGED IN EITHER FINANCIAL OR OTHER TERMS AND IN WHAT WAY? |
E. THE EFFECT ON GOVERNMENT RESOURCES |
22 | a) HOW WILL THE PROPOSED LEGISLATION BE IMPLEMENTED, ADMINISTERED, AND ENFORCED? |
| b) WHAT ARE THE RESOURCE CONSEQUENCES OF EACH OF THESE PHASES, AND HAVE THESE BEEN ACCEPTED BY THE RESOURCE DEPARTMENTS? (Please refer to all resources including ongoing revenue costs, and manpower costs in terms of number of posts (FTE) and actual headcount expected.) |
| c) WHAT, IF ANY, ARE THE SAVINGS ACHIEVED BY THE PROPOSED LEGISLATION? |
23 | WHAT ARE THE POTENTIAL KNOCK-ON EFFECTS TO OTHER DEPARTMENTS OF THIS PROPOSED LEGISLATION IN RESOURCE TERMS? (Please include details of those departments consulted.) |
F. INSTRUCTING THE LAW DRAFTSMAN v (See Law Draftsman’s handbook, “Making New Laws”) |
24 | WHEN WILL COMPREHENSIVE DRAFTING INSTRUCTIONS BE AVAILABLE? |
25 | WILL ANY ASSISTANCE BE REQUIRED FROM OUTSIDE THE STATES TO ENABLE THE PREPARATION OF DRAFTING INSTRUCTIONS - IF SO - (a) WHAT ARRANGEMENTS HAVE BEEN MADE TO SOURCE THE ASSISTANCE? (b) ARE FINANCIAL RESOURCES AVAILABLE FOR THIS PURPOSE? |
26 | (a) GIVE THE NAME OF THE INSTRUCTING OFFICER (AND PROVIDE DETAILS OF THE ASSISTANCE FROM OUTSIDE THE STATES, IF ANY, THAT IS TO BE USED) (b) CONFIRM THAT THE INSTRUCTING OFFICER WILL BE ABLE TO CONSIDER DRAFTS SUBMITTED BY THE LAW DRAFTSMAN’S OFFICE, AND REQUESTS FOR FURTHER INSTRUCTIONS, FULLY AND WITHOUT DELAY |
27 | WHEN DO YOU EXPECT TO BE ABLE TO DELIVER INSTRUCTIONS FOR OUTSTANDING MATTERS IN THE 2006 LEGISLATION PROGRAMME? |
Signature: ....................................................... | Designation : ....................................................... |
Date: ....................................................... | Chief Executive : ....................................................... |
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