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Approval of Law Drafting - Granville Bay Measures.

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (21/11/2008) regarding: Approval of Law Drafting - Granville Bay Measures.

Decision Reference:

MD-E-2008-0219

Decision Summary Title :

Approval commencement law drafting Granville Bay measures

Date of Decision Summary:

12/11/08

Decision Summary Author:

Mike Smith - Fisheries

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Request approval to commence law drafting of measures for Granville Bay

Date of Written Report:

12/11/08

Written Report Author:

Mike Smith - Fisheries

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Request approval to commence law drafting of legislation proposed by the Joint Advisory Committee and agreed by the Joint Management Committee of the Bay of Granville and the Fisheries and Marine Resources panel.

Decision(s):

The Minister gave approval to commence law drafting of three pieces of legislation proposed by the Joint Advisory Committee and agreed by the Joint Management Committee of the Bay of Granville and subsequently the Fisheries and Marine Resources Panel in Jersey:

- To restrict the number and size of scallop dredges that may be used by fishing boats.

- To introduce a licensing scheme for pelagic trawlers operating to the south east of Jersey.

- To introduce a ban on the use of certain types of static fishing nets in an area to the south of         Jersey during the closed season for spider crabs.

Reason(s) for Decision:

The Joint Advisory Committee and the Joint Management Committee of the Bay of Granville approved on 18 and 19 September 2008 respectively three new fisheries regulations in principle. The Fisheries and Marine Resources Panel agreed the regulations in principle on 5 November 2008. Law drafting time had been allocated in 2008 for measures concerning the Bay of Granville.

Resource Implications:

There are no financial or manpower implications. 

 

Action required:

Department officers will request the Law Draftsman to proceed with the draft legislation  

Signature: 

Senator Philip Ozouf

Position: 

Minister for Economic Development

Date Signed: 

Date of Decision (If different from Date Signed): 

Hide report
Approval of Law Drafting - Granville Bay Measures.

DEPARTMENT FOR ECONOMIC DEVELOPMENT  

APPROVING COMMENCEMENT OF LAW DRAFTING OF LEGISLATION CONCERNING THE GRANVILLE BAY TREATY  

Purpose of the Report  

For the Minister to instruct that law drafting should commence on three new fisheries regulations. 

Background  

The Joint Advisory Committee (JAC) and the Joint Management Committee (JMC) established under the terms of the Agreement relating to fishing in the Bay of Granville met on 18 and 19 September 2008 respectively.  Both Committees approved the introduction of three new fisheries regulations in principle: 

a) To restrict the number and size of scallop dredges that may be used by  fishing boats in the Jersey Territorial Sea.

b) To introduce a licensing scheme for pelagic trawlers operating to the  south east of Jersey.

c) To introduce a ban on the use of certain types of static fishing nets in an  area to the south of Jersey during the closed season for spider crabs. 

The Fisheries and Marine Resources Panel agreed the regulations on 5 November 2008.

Law drafting time had been allocated in 2008 for measures concerning the Bay of Granville.  
 

Details  

  1. In March 2004 the JAC agreed to limit the number of scallop dredges that may be used by any vessel fishing in the Granville Bay Area.  The intention of the limitation was to prevent larger vessels coming in to the Area, thereby reserving what is effectively an inshore fishery for the smaller, locally based vessels.  Prior to 2004 there had been a number of the larger vessels fishing in the Area, but they had all moved away. The agreement was to restrict the number and size of dredges that could be used by a single vessel; 16 dredges of no greater entrance size than 0.8 metres or an aggregate entrance size of no greater than 12.8 metres. 
     
    The agreement was passed on to the JMC, who would normally recommend that each country adopt the measures in the form of regulations.  In this instance, no such recommendation was passed on and the JMC at its most recent meeting recommended that the legislation now be progressed.

 

Since March 2004 the situation has remained unchanged and the proposals would not restrict any vessel currently operating in the Area.  The proposal will however serve the purpose of preventing larger vessels from moving in to local waters. 

Law drafting would be relatively simple and take the form of a minor amendment to existing regulations.  Law drafting time exists in the 2008 programme. 

  1. At specific times of the year, French boats towing special trawls target Bream stocks off the south east corner of the Island.  This type of trawling is called “pelagic” and includes pair trawling, where one or more nets are towed between two or more trawlers. 

This form of activity is very damaging to shellfish pots and for many years Jersey and French fishermen have struggled to put in place a meaningful code of practice to prevent such damage.  In 2008 a code of practice existed, but some trawlers ignored it, causing significant damage to Jersey owned pots. 

Both French and Jersey fishermen have now agreed that such behaviour is unacceptable and should be controlled.  The JAC have recommended that in the most vulnerable area to the south east of the Island, such trawling should not be permitted unless under the authority of a licence.  Conditions should be attached to the issue and use of such a licence.  The JMC have endorsed this recommendation and whilst the detail of any conditions and the zone it applies to have yet to be agreed, law drafting can commence on the requirement for a licence. 

The regulation will take the form of a relatively minor amendment to existing regulations and should not be complex.  Law drafting time exists in the 2008 programme. 

  1. Each year in the early autumn when the spider crabs change shell, there is a ban on the catching of newly moulted spider crabs. It has become apparent that during this closed season nets are being used or left in the sea in areas where they have a detrimental effect on the newly moulted spider crabs.  In some cases nets may be left in place for the entire duration of the ban, allowing their owners to lift them with a catch of spider crabs for the first day of the open season. 
     
    French and Jersey fishermen have now agreed an area to the south of Jersey where they recommend that no nets of any sort should be set for the duration of the closed season.  The JMC has endorsed this recommendation and as the area falls entirely within the Jersey territorial sea, it is necessary to introduce a new regulation. 
     
    It is anticipated that the regulation will be capable of being included as an addition to existing regulations and that it should not be complex.

 

  1. The concept of these regulations has been approved by the Fisheries and Marine Resources Panel on November 5 2008.

 

Manpower and Resource Implications 

Items (a) and (c) would be accommodated within normal enforcement patrols.

Item (b) may result in the need for a small number of dedicated out of hours patrols, but would be met from within existing manpower and budgetary resources. 
 

Recommendation 

The Minister is requested to instruct the Senior Fisheries Inspector to commence the law drafting process. 

Written by:

Mike Smith – Fisheries

 

 

Approved by: 

Chris Newton, Director of Environment Department

 
 

 
 

12/11/08

File ref: 6.14.1

Ministerial Decision Case Ref:MD-E-2008-0219 

L:\Environment Department\15 Ministerial Decisions\02 2006\02 Reports & attachments\R Environ MD-PE-2006-0030 15.03.06 Authorisation to issue a fish farming licence.doc

 

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