Sea Fisheries (Trawling, Netting & Dredging) (Jersey) Regulations 2001: Amendment

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A decision made (08.12.2008) determining that the Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001 should be amended.

Decision Reference: MD-E-2008-0229
Decision Summary Title :	Trawling, netting and dredging Regulations – measurement of nets		Date of Decision Summary:	13/11/08
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 :	Trawling, netting and dredging Regulations – measurement of nets		Date of Written Report:	01/12/08
Written Report Author:	Mike Smith - Fisheries		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Sea Fisheries (Trawling, Netting & Dredging) (Jersey) Regulations 2001: amendment.
Decision(s): The Minister determined that the Sea Fisheries (Trawling, Netting & Dredging) (Jersey) Regulations 2001 should be amended to allow for the introduction of a new ‘Omega’ method of measuring nets.
Reason(s) for Decision: The new method of measuring the mesh size of trawl nets has recently been introduced into European Fisheries regulations and will be used throughout European waters. The adoption of the new equipment and procedures for measuring nets is necessary to ensure that Jersey complies with the terms of the UK/Jersey Fisheries Management Agreement. It will also ensure that best practice is used when conducting such measurements.
Resource Implications: Time has been allocated for this nature of law drafting work in the 2008 programme. On introduction of the legislation it will be necessary to purchase one new net gauge at a cost of approximately £1500 and this will be met from within the existing budget. There will be no other resource implications, Fishery officers already measure mesh size and they will continue to do so using the new method.
Action required: Senior Fisheries Inspector to forward the necessary drafting instructions to the Law Draftsman.
Signature: Senator Philip Ozouf		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Sea Fisheries (Trawling, Netting & Dredging) (Jersey) Regulations 2001: Amendment

ECONOMIC DEVELOPMENT

Purpose of the Report

For the Minister to instruct that law drafting should commence on an amendment to the Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001, to reflect an improved method of measuring the mesh size of trawl nets.

Background

One of the principle methods used for ensuring sustainability of fish stocks is the regulation of the size of mesh used in trawls that are towed by fishing vessels. Ideally a fish should not be caught until after it has reached maturity and been allowed to spawn. Scientists know the size of each fish species at maturity and set a minimum mesh size that should allow fish below that size to escape through the mesh of a trawl, thereby ensuring that only mature fish are caught.

In order for this process to work, it is necessary for there to be an agreed method of measuring the mesh size. The method allows for enforcement at sea and for net manufactures and fishermen to ensure that they carry and use the appropriate trawls.

Until recently the method for measuring mesh comprised of the measurer inserting a wedge shaped gauge into the mesh and pushing with some force to take the measurement. As an alternative to pushing the gauge, weights hanging off the gauge have been used. Both the European Union and Jersey have until now defined this method of measuring mesh size in their regulations.

Throughout Europe the results of this method of measuring have been contested in Court, showing the process to be too subjective and inconsistent. For many years research has been undertaken to produce a mechanical gauge that will provide a consistent and reliable method of measuring, which will be acceptable to Fishery officers, fishermen and the Courts.

After much testing, the European Union have introduced the “Omega” electro-mechanical gauge and have legislated for the sole use of that gauge by 1st September 2009.

Discussion

The method of measuring mesh size is included in the Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001.

The new “Omega” method of measuring ensures greater accuracy and consistency and it should therefore be reflected in the local Regulations, the old “wedge” method should be dropped from those Regulations.

Should Jersey not introduce the “Omega” method, then it is likely that any prosecution in relation to mesh size would be successfully challenged in the Courts.

Under the terms of the Jersey/UK Fisheries Management Agreement, Jersey is obliged to introduce equivalent measures in relation to the regulation of fishing; this is one of the measures that should be introduced.

Jersey has already notified the French and UK authorities that it will continue using the old “wedge” method until 31 August 2009, but the new system will need to be in place by that date.

Law drafting time has been allocated for items such as this in the 2008 Law Drafting Programme.

Apart from the purchase of a new “Omega” gauge (£1500 approximately), there are no resource implications.

Recommendation

The Minister is requested to instruct the Senior Fisheries Inspector to issue law drafting instructions to amend the Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001 to reflect the “Omega” gauge method of measuring mesh size.

Written by:	Mike Smith Senior Fisheries Inspector

Approved by:	Chris Newton Director of Environment

1 December 2008