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

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Fishing of Bass: Measures for Protection of Stock: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 August 2015:

Decision Reference: MD-E-2015-0070

Decision Summary

Title :

 

Request for law drafting – Package of measures to protect bass stocks

Date of Decision Summary:

11/08/15

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:

Request for law drafting – Package of measures to protect bass stocks

 

Date of Written

Report:

11/08/15

Written Report  Author:

Assistant Director-

Marine Resources

Written Report :

Public or Exempt?

(If Exempt State clauses from Code of Practice booklet)

Public

 

Subject:  

Request for law drafting time – Package of measures to protect bass stock

Decision(s):

The Minister gave approval to request law drafting time for a new regulation and amendments to existing regulations to implement the package of measures to protect bass stocks.

Reason(s) for decision:

To draft a new regulation and amend existing regulations to provide for the implementation of a package of measures to protect local bass stocks.

Resource Implications:

There are no financial or manpower implications.

Action required:

Marine Resources to submit law drafting instructions to the Law Draftsmen.  

Signature: 

 

 

 

Senator Lyndon Farnham

Position:

 

 

 

Minister for Economic Development

Date Signed:

 

Date of Decision:

 

Fishing of Bass: Measures for Protection of Stock: Law drafting instructions

 

ECONOMIC DEVELOPMENT

 

Law Drafting Request to implement package of measures to protect bass stock

 

Purpose of the Report

 

For the Minister to approve the request for law drafting to put in place a package of measures to protect bass (Dicentrarchus labrax) stocks
 

Background

 

The management of bass stocks has been the subject of debate both locally and throughout the Europe Union over a number of years. This debate has intensified recently on the back of scientific advice concerning the state of the stock. Since the beginning of 2015 the EU have implemented a number of measures that seek to protect the stock of bass. These measures cover both the commercial and recreational sectors as this species is prosecuted extensively by both.

The EU package of measures consists of a ban of winter pelagic trawling, daily limit on recreational fishermen of 3 bass, monthly limits for commercial vessels and an increase in the minimum size to 42cm. Following this and the detailed discussions at the Marine Resources Panel the Minister is proposing to adopt the following measures:-

 

1. Ban of Winter Pelagic Trawling

2. Limit of 3 fish per recreational fishermen

3. Monthly limits on commercial vessels.

4. Increase in minimum size to 42cm.

5. Max limit of 50 hooks set on the beach (trots) per person

6. Max limit of 100m of net set on the beach per person

 

It is the view that the management of this stock requires a package to be put in place rather than the sequential implementation of regulations for a number of reasons. Firstly, the most recent advice on the state of the stock from ICES states that “a management plan is urgently needed to develop and implement measures to substantially reduce fishing mortality”. Secondly it is felt that the measures need to cover both commercial and recreational sectors, hence the requirement to include measures that affect those fishermen also. The two measures that relate to the maximum amount of gear that can be set on the beach are specific to Jersey and seek to address a particular issue locally.  

 

A number of these measures apply specifically to commercial fishermen and can be adopted using conditions attached to the fishing licence. These measures are the ban of winter pelagic trawling and the monthly limits on commercial vessels. The remaining measures require amendments to existing regulations and drafting of a new regulation.  

 

Details
 

Three measures can be address by amendments to existing regulations.

1. Increase in minimum size to 42cm – an amendment is required to part one of the schedule in the Sea Fisheries (Minimum Size Limits)(Jersey) Regulations 2001.

This amendment puts in place a minimum size that is more appropriate given the scientific evidence concerning size at maturity for this species.

 

2. Max limit of 50 hooks set on the beach (trots) per person – an amendment to the Sea Fisheries (Inshore Waters)(Jersey) Regulations 1998.

This amendment seeks to put in place a limit on the amount of equipment (in this case hooks) that can be set by an individual as a stock protection measure but also to reduce possible discards in light of the bag limits proposals. The inshore area is particularly important as a nursery area and therefore reduction in fishing effort in these zones is important as part of the overall package.

 

3. Max limit of 100m of net set on the beach per person – an amendment to the Sea Fisheries (Inshore Trawling, Netting and Dredging)(Jersey) Regulations 2001

This amendment seeks to put in place a limit on the amount of equipment (in this case nets) that can be set by an individual as a stock protection measure but also to reduce possible discards in light of the bag limits proposals. The inshore area is particularly important as a nursery area and therefore reduction in fishing effort in these zones is important as part of the overall package.

 

The final measure requires the drafting of a new regulation to address the issue of bag limits. Currently there is no limit to the number of bass that can be taken by recreational fishermen. This is seen as an anomaly given the many restrictions, including prohibition for some species, in place for commercial fishermen. The use of bag limits is a commonly employed and successful management tool that allows individuals fishing for pleasure to continue to do so but puts in place an upper limit that prevents unreasonable exploitation of the stock. It is proposed that bass have a bag limit that is the same as that put in place on the EU wide basis. This is important as it ensure consistency that assist officers in enforcement.

 

For a long time a bag limit for ormers (Haliotis tuberculata) has been discussed on Island and has received significant support. There are limits on the number of ormers that can be retained in both Normandy and Brittany. There is also no established commercial fishery (although some ormers are sold). To reduce the law drafting and general administrative burden it is proposed that a bag limit for ormer is included despite this package of measures being implemented for stock management for the bass.           

 

 

Recommendation

 

The Minister is recommended to approve that law drafting is requested for the package of measures described above.

 

Written by:

Assistant Director – Marine Resources

 

 

Approved by: 

Director Environmental Management and Rural Economy

 

Ministerial Decision Case Ref: MD-E-2015-0070

Back to top
rating button