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A decision made 25 July 2014:

Decision Reference: MD-E-2014-0066
Decision Summary Title :	Approval for tabling Sea Fisheries (Spider Crabs – Restrictions on Fishing)(Jersey) Order 2014			Date of Decision Summary:	25 July 2014
Decision Summary Author:	Marine and Coastal Manager			Decision Summary: Public or Exempt? (If 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:	Approval for tabling Sea Fisheries (Spider Crabs – Restrictions on Fishing)(Jersey) Order 2014			Date of Written Report:	24 July 2014
Written Report Author:	Marine and Coastal Manager			Written Report : Public or Exempt? (If Exempt State clauses from Code of Practice booklet)	Public

Subject: Approval for tabling Sea Fisheries (Spider Crabs – Restrictions on Fishing)(Jersey) Order 2014
Decision(s): The Minister approves the tabling of Sea Fisheries (Spider Crabs – Restrictions on Fishing)(Jersey) Order 2014.
Reason(s) for decision: This order is required under the recently approved Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 2014 (R&O84/2014) to provide better protection for spider crabs in local waters during the period immediately after they have moulted.
Resource Implications: There are no financial or manpower resource implications.
Action required: The Greffier of the States to be requested to table the Sea Fisheries (Spider Crabs – Restrictions on Fishing)(Jersey) Order 2014
Signature: Senator Alan Maclean		Position: Minister for Economic Development
Date Signed:			Date of Decision:

Sea Fisheries (Spider Crabs - Restrictions on Fishing) (Jersey) Order 2014

ECONOMIC DEVELOPMENT

Approval for tabling Sea Fisheries (Spider Crab – Restrictions on Fishing)(Jersey) Order 2014

Purpose of the Report

For the Minister to approve the tabling of Sea Fisheries (Spider Crab – Restrictions on Fishing)(Jersey) Order 2014

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 a ban on the use of certain types of static fishing nets in an area in French and Jersey waters to the south of Jersey during the annual closed season for spider crabs.

On 21 November 2008, Senator P Ozouf (then Minister for Economic Development) approved that drafting of the Regulations to allow such a closure commence (MD-E-2008-0219). The process was complex, as before new regulations could be created, the Sea Fisheries (Jersey) Law 1994 needed some modification.

The modifications to the Law were enacted in November 2012 and on 6 December 2012 Senator Maclean approved that the draft Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 201- be sent to the United Kingdom for Secretary of State approval. (Such approval being required under the terms of the UK/Jersey Fisheries Management Agreement) and the Sea Fisheries (Jersey) Law 1994). On 13 May 2014 the Ministry of Justice confirmed by letter that such approval had been obtained.

The Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 2014 were approved by the States in July (R&O.84/2014).

The Regulations do not of their own accord introduce any restrictions on fishing. They do however allow the Minister to introduce by Order limited restrictions on the taking of spider crab during a closed period (this was previously done by Ministerial Decision) and the use on nets during that period (this is a new provision to give effect to the GB committees recommendations). This Order has now been drafted.

Details

Each year in the early autumn when the spider crabs change shell, there is a ban on the catching of newly moulted spider crabs. The concept of this ban came about many years ago and was driven by fishermen recognising that supplying poor quality crabs damaged their market place reputation and had a detrimental effect on the stock. The dates for this ban are agreed at the June meetings of the Granville Bay Committees. Jersey only has a partial ban, as local fishermen catch spider crab in pots and this allows them to hand select those that have not moulted, returning the moulted crabs to the sea undamaged. The ban in France is total, as most French fishermen target spider crabs with tangle nets and it is almost impossible to remove a recently moulted spider crab from such a net without damaging it.

Over the years it has become apparent that during the 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 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 part of the area falls within the Jersey territorial sea, it is necessary to introduce a new regulation.

Whilst the existing regulation allows the Minister to introduce a seasonal restriction on the taking/retention of spider crab using the process of a Ministerial Decision and the publication of a notice in the Gazette, this process could not be used to close an area to netting. Unfortunately the timescales involved do not allow for the introduction of a new regulation each year for the closed season, so an alternative method was evolved. The modifications made to the Sea Fisheries Law and contained in this amendment to the regulations, allow the Minister to restrict both the retention of spider crabs and the use of nets during a closed period by Order, with the caveat that such a closure cannot exceed 3 months (current closures are in the order of 6 weeks).

The amendment has been approved and so following the June Granville Bay meeting, the Minister will need to make an Order giving the dates of the closure and the area to be closed to netting. This is a flexible and realistic approach to fisheries management, industry led and supported by all. Very few Jersey fishing vessels use nets in the area under consideration and so there will be no negative impact on our industry.

The order for 2014 has now been drafted.

Recommendation

The Minister is recommended to approve that the Sea Fisheries (Spider Crab – Restrictions on Fishing)(Jersey) Order 2014 be tabled.

Written by:	Marine and Coastal Manager

Approved by:	Director Environmental Management and Rural Economy

Ministerial Decision Case Ref: MD-E-2014-0066