Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001: Amendment: Law drafting instructions

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 May 2017:

Decision Reference: MD-PE-2017-0039
Decision Summary Title :	Approval to request law drafting for amendment to Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001			Date of Decision Summary:	02 May 2017
Decision Summary Author:	Assistant Director – Marine Resources			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 to request law drafting for amendment to Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001			Date of Written Report:	02 May 2017
Written Report Author:	Assistant Director – Marine Resources			Written Report : Public or Exempt? (If Exempt State clauses from Code of Practice booklet)	Public

Subject: Approval for law drafting for amendment to Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001
Decision(s): The Minister approved the law drafting request to amend Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001
Reason(s) for decision: This amendment to the Regulation is required to allow for zones to be created at defined locations that prevent the use of certain types of mobile fishing gear.
Resource Implications: There are no financial or manpower resource implications.
Action required: Law Draftsman requested to draft amendments to Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001, on the basis of a brief to be provided by the Department.
Signature: Deputy S Luce		Position: Minister for Environment
Date Signed:			Date of Decision:

Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001: Amendment: Law drafting instructions

DEPARTMENT OF THE ENVIRONMENT

Approval to request law drafting for an amendment to Sea Fisheries (Trawling, Netting and Dredging)(Jersey) Regulations 2001

Purpose of the Report

For the Minister to request law drafting time to make an amendment to Sea Fisheries (Trawling, Netting and Dredging)(Jersey) Regulations 2001

Background

Jersey is a signatory to several International Agreements relating to the marine environment that require parties to put in place appropriate management and conservation of key habitats and species. Two of these species are seagrass (Zostera spp.) and maerl (Lithothamnium spp. and Phytomatolithon spp.), a calcareous seaweed. Assessment of these species has been completed over several years and habitat maps produced detail the extent in Territorial Waters. Significant populations occur at the offshore reefs of Les Minquiers and Les Écréhous.

An impact assessment of these areas and species showed that, in those locations, the most significant threat was the impact of mobile fishing gear, namely dredging and bottom trawling. It is proposed that these activities are restricted in these locations and as they are prosecuted by both Jersey and French vessels at the offshore reefs an amendment to the Sea Fisheries (Trawling, Netting and Dredging)(Jersey) Regulations 2001 is required.

Details

Both Les Minquiers and Les Écréhous are located in parts of the territorial sea of Jersey that are covered by the Agreement concerning fishing in the Bay of Granville. This Agreement sets out the relationship for management of fishing between France and Jersey in waters around Jersey and the adjacent French coast, commonly known as the Bay of Granville. Under that Agreement, proposals to protect marine resources that impact on fishing activity must be considered and discussed by both the Joint Advisory and Joint Management Committee as defined in the Bay of Granville Agreement.

In February 2017, following discussions, the Joint Advisory Committee agreed to recommend the implementation and definition of two areas where mobile fishing gear would be restricted. This recommendation was subsequently endorsed and approved by the Joint Management Committee. As these management measures apply in Jersey Waters the appropriate law drafting is only required by Jersey.

In order to implement this decision an amendment to the Sea Fisheries (Trawling, Netting, and Dredging)(Jersey) Regulations 2001, defining these areas and the restricted activities is required..

Recommendation

The Minister is recommended to request law drafting time for amendment to the Sea Fisheries (Trawling, Netting and Dredging)(Jersey) Regulations 2001

Written by:	Assistant Director – Marine Resources

Approved by:	Director Environmental Management and Rural Economy

Ministerial Decision Case Ref: MD-PE-2017-