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Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003: Permits for whelk fishing: Law drafting approval

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 January 2015:

Decision Reference: MD-E-2014-0133

Decision Summary

Title :

 

Approval commencement law drafting – Whelk Permits

Date of Decision Summary:

11/12/14

Decision Summary Author:

Marine Scientist

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 commencement law drafting – Whelk Permits

Date of Written

Report:

11/12/14

Written Report  Author:

Marine Scientist

Marine Resources

Written Report :

Public or Exempt?

(If Exempt State clauses from Code of Practice booklet)

Public

 

Subject:  

Approval commencement law drafting – Whelk Permits

Decision(s):

The Minister gave approval to the commissioning of an amendment to the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003

Reason(s) for decision:

To amend the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003 to make provision for  the Minister to issue permits for whelk fishing and to instigate a requirement that vessels fishing for whelks require such a permit.

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:

 

Hide report
Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003: Permits for whelk fishing: Law drafting approval

ECONOMIC DEVELOPMENT

 

Approval for commencement law drafting – Whelk Permits.

(Public)

 

 

Purpose of the Report

 

To agree the drafting of legislation to amend the Sea Fisheries (Licensing of Fishing Boats)(Jersey) Regulations 2003.  The amendment will create a requirement that any British vessels fishing for whelks in the territorial sea and the Granville Bay Treaty Area requires a whelk permit issued by the Minister. It will also create a requirement that any French vessel fishing for whelks in the Granville Bay Treaty Area part of Jersey’s territorial waters and zones A and B of the Granville Bay Treaty requires a whelk permit issued by the French authorities.
 

Background

 

The common whelk (Buccinum undatum) is a significantly important commercial species to both Jersey and French commercial fishing vessels. A significant amount of the whelks caught by French vessels, in Jersey waters, are landed into the neighbouring port of Granville which averages around 5000 tons per year and accounts for the majority of annual total European whelk landings.

 

At the Marine Resources Panel meeting held on the 3rd of October, 2012, officers of the Environment Department presented a paper showing continued decline in the population of the common whelk (Buccinum undatum) in the waters around Jersey.

 

The Marine Resources Panel further discussed whelk management with commercial fishermen submitting discussion papers for a meeting held on 28 November.  At that meeting two recommendations were made:

 

  • No new local effort should be allowed into the fishery in 2013 or until such time as management measures have been implemented to safeguard the stock and promote it’s recovery
  • A working group should be convened to consider all such management measures and to recommend the best long term strategy

 

As such, officers of the Environment Department drew up Terms of Reference to establish a joint working group between commercial fishermen, government scientists, fishery officers and managers. This group formed the Whelk Management Group (WMG) and was tasked to provide new whelk fishery management measures to the Minister.

 

The Whelk Management Group met four times in 2013 and submitted a paper to the Minister for review in December 2013 with proposed management measures for inside Jersey’s 3nm limit. The Minister granted an extension for the WMG to agree and finalise measures for the whole Jersey fleet by the end of March 2014. The WMG met twice in 2014 to discuss and agree further management measures for the Jersey whelk fishery.

 

In May 2014, the Assistant Minister for Economic Development agreed on behalf of the Minister, to a series of measures recommended by the WMG to restrict whelk fishing in Jersey waters by the use of licence conditions upon existing Jersey commercial fishing licences. One of these measures is a limited number of “whelk authorisations” which are analogous to a permit system.

In June 2014, the Joint Advisory Committee (JAC) of the Granville Bay Treaty met and discussed whelk management measures in and around Jersey as part of their discussions on regional fisheries management. The JAC consists of fishermen, scientists and civil servants from both Jersey and France, including regional representatives from Brittany and Normandy. During this meeting the JAC requested that a universal whelk permit be legislated for, that would control whelk fishing in the Granville Bay Treaty area and would apply to British vessels and French vessels alike. The Granville Bay Treaty Joint Management Committee (JMC) have ratified the request by the JAC and respective officers of Jersey and France are now seeking legislation to allow each flag state to issue and enforce whelk permits.

 

Jersey’s current scheme of whelk management by licence condition is only due to last until early 2016, pending a review by the WMG and only applies to Jersey fishing vessels. However the WMG in conjunction with the JMC, have agreed that whelk authorisations be made a formal requirement in the form of a whelk permit, regulated by legislation.

 

Details
 

Marine Resources officers intend to request that law drafting officers make amendments to the existing Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003, using the existing model for issuing and administering other fisheries permits, such as beam trawl permits or area access permits. This would allow universal and reciprocal management and enforcement on both French and British fishing vessels throughout the Granville Bay Treaty Area.

 

 

Recommendation

 

The Minister is recommended to agree to the drafting and amendment of legislation to allow the Minister to instigate a permit regime to control the fishing for whelks.

 

Written by:

Marine Scientist, Marine Resources

 

 

Approved by: 

Director of Environmental Management and Rural Economy

 

Ministerial Decision Case Ref: MD-E-2014-0133

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