Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Draft Sea Fisheries (Les Minquiers) and (Minimum Size Limits) (Amendment No. 4) 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

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (13.03.06) to approve the draft Sea Fisheries (Les Minquiers) (Jersey) Regulations 200- and the draft Sea Fisheries (Minimum Size Limits) (Amendment No.4) (Jersey) Regulations 200-

 

 

Subject:

Draft Sea Fisheries (Les Minquiers)(Jersey) Regulations 200-
Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 4) (Jersey) Regulations 200-

Decision Reference:

MD-PE-2006-0014

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:

L:\Environment Department\15 Ministerial Decisions\02 2006\02 Reports & attachments

Written report – Title

Draft Sea Fisheries (Les Minquiers)(Jersey) Regulations 200-
Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 4) (Jersey) Regulations 200-

Written report – Author

(name and job title)

Mike Smith – Senior Fisheries Inspector

Decision(s):
To approve the two drafts for onward transmission for Secretary of State approval and DEFRA scrutiny.

Reason(s) for decision:

To enable important fisheries resource management measures to be implemented and to allow continued enforcement of the Minimum Size regulations.

Action required:

Head of Fisheries and Marine resources to forward the drafts to DEFRA and the Crown Officers for Secretary of State approval.

Signature:

(Minister)

Date of Decision:

 

 

 

 

 

Hide report
Draft Sea Fisheries (Les Minquiers) and (Minimum Size Limits) (Amendment No. 4) Regulations 200-

 

 

Item No:

 

 

Date:

PLANNING AND ENVIRONMENT

DRAFT SEA FISHERIES (LES MINQUIERS)(JERSEY) REGULATIONS 200-
DRAFT Sea Fisheries (Minimum Size Limits) (Amendment No. 4) (Jersey) Regulations 200-

A item

Purpose of the Report

To approve the draft legislation and authorise that it be transmitted to the UK for scrutiny at both official and technical officer level.

Background

The Environment and Public Services Committee approved the drafting of the Sea Fisheries (Les Minquiers)(Jersey) Regulations at their last meeting on 17th November 2005. The existing regulations were put in place in 1997 to restrict the efficiency of pots being used to catch lobsters and crabs in the very important area of Les Minquiers. Fishermen have now developed equally efficient alternative pots and the draft prohibits the use of such pots. The draft makes provision for fishermen already using such pots at Les Minquiers to continue to do so for a specified period (by which time the pots will have come to the end of their useful life). Such fishermen (who have already been identified) will need a derogation from the Minister and will be required to fit special identifying tags to the pots.

The original recommendation for this fisheries management measure came from Jersey and French fishermen meeting under the auspices of the Granville Bay treaty.

The Joint Advisory Committee (JAC) and Joint Management Committee (JMC) are committees established under the terms of the Granville Bay fishing treaty and both have approved the key principles of the draft regulation.

When the original legislation was drafted no reference was made to the navigational datum used to define the points. The datum used for navigational charts in the area has recently changed and it is therefore very important to define the datum and coordinates of the zone so that fishermen are clear as to where the restrictions apply.

During a recent law drafting process it became apparent that the scientific name had changed for both Spider and Lady crabs. The law draftsmen have prepared the Sea Fisheries (Minimum Size Limits) (Amendment No. 4) (Jersey) Regulations 200- to reflect this change.

Discussion

In accordance with the Jersey/UK Fisheries management Agreement and the Sea Fisheries (Jersey) Law 1994, Secretary of State approval is required before the legislation can be approved by the States Assembly. To speed this process up, a procedure has been established whereby a set of the draft regulations is normally sent at the same time to the officer at DEFRA having responsibility for Jersey/UK liaison on fisheries matters.

Recommendation

It is recommended that the draft regulations are approved for onward transmission by the Crown Officers for Secretary of State approval and that the Sea Fisheries adviser is authorised to send a further copy to DEFRA.

Written by:

Mike Smith (Senior Fisheries Inspector)

 

 

Approved by:

[Director’s name and Directorate]

 

 

Endorsed by:

[If other department involved -Director’s name and Directorate]

Attachments: Draft Sea Fisheries (Les Minquiers)(Jersey) Regulations 200-
Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 4) (Jersey) Regulations 200-

6/1/5 & 9

23rd February 2006

 

Our sites
Back to top
rating button