Policing of Beaches (Jersey) Regulations: Proposed amendment

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A decision made on 4 December 2015:

Decision Reference: MD-E-2015-0104
Decision Summary Title :	Amendment to the Policing of Beaches (Jersey) Regulations 1959 – Transportation of Fishing Gear		Date of Decision Summary:	1 December 2015
Decision Summary Author:	Hospitality and Leisure Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Amendment to the Policing of Beaches (Jersey) Regulations 1959 – Transportation of Fishing Gear		Date of Written Report:	1 December 2015
Written Report Author:	Hospitality and Leisure Manager		Written Report : Public or Exempt?	Public
Subject: Amendment to the Policing of Beaches (Jersey) Regulations 1959 – Transportation of Fishing Gear.
Decision(s): The Minister agreed to the amendment of the Policing of Beaches Regulations which would remove the words ‘fishing gear’ from the items to which vehicles are permitted to transport on a beach without obtaining prior permission.
Reason(s) for Decision: During July 2015 the Minister was briefed of a meeting in which the Marine Resources Panel expressed its concerns regarding the management of bass stocks in local waters and fishing from the beaches. It is understood that whilst other measures are being considered to address this issue, concerns were raised to the number of 4X4 vehicles employed to set fishing gear on the beach. This trend has allowed a significant increase in the amount of fishing equipment that an individual can set which has led to increased catches, of both target and non-target species. As a result of this meeting a consultation was issued outlining measures in which Marine Resources would adopt to protect the local Bass stocks. As part of these measures it was proposed to make an amendment to the Policing of Beaches Regulations that would prohibit the driving of a vehicle on a beach for the purpose of setting fishing equipment without permission.
Resource Implications: There are no resource implications to the States.
Action required: Hospitality and Leisure Manager to draw up the necessary law drafting instructions for Ministerial approval and subsequent submission to the Law Draftsman.
Signature: Senator L.J.Farnham		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Policing of Beaches (Jersey) Regulations: Proposed amendment

Written Report – Amendment to the Policing of Beaches (Jersey) Regulations 1959 – Transportation of Fishing Gear

Background

In response to an email, dated 27 July 2015, from the Minister for Planning & Environment, see extract below. The department was informed of the Marine Resources Panel’s concerns with regard to the management of local bass stocks and fishing on beaches.

Dear Lyndon,

At a recent meeting of the Marine Resources Panel the management of bass stocks was discussed in detail, including fishing on the beaches. Currently fishermen use various metiers to target this important stock, and whilst there are measures in place the Panel feel they should be strengthened, especially in light of recent stock assessments.

The Panel are considering a package of measures to address this issue but one particular area of concern was the proliferation of 4X4 vehicles employed to set fishing gear on the beach. This trend has allowed a significant increase in the amount of fishing equipment that an individual can set which has led to increased catches, of both target and non-target species. The Panel feel that this is not appropriate given the pressure on the resource and potential impact of the sensitive habitat of our internationally recognised RAMSAR site. Panel members have asked I write to you to enquire if you consider an amendment to the Policing of Beaches (Jersey) Regulations 1959 that would prohibit the driving of a vehicle of the beaches for the purpose of setting fishing equipment without permission, as amendment I would fully support.

This amendment would not prevent individuals fishing on the beaches, but would limit the setting of large amounts of fishing gear to the detriment of the stock and the environment.

My officers have made preliminary enquiries with officers at EDD, who cannot foresee any major legal or administrative issues with the proposal.

My officers and I are happy to work with you on this as required should you be minded to make this amendment.

In addition the email above the department has subsequently received a further email, dated 25 November 2015, extract below, outlining the results of the consultation which was undertaken by Marine Resources in respect of Bass stocks and driving on beaches.

On 25 Nov 2015, at 18:14, Steve Luce wrote:

Dear Lyndon,

Further to my initial email and conversations with you on this matter over the last few months, and your subsequent request for information on consultation, I can confirm that officers from Environment have conducted an appropriate consultation on the above matter. The issue of driving on the beaches for the transport of fishing gear was part of the wider consultation on the package of measures on bass I have put forward. I will shortly be bringing proposals to the Assembly to make changes to bass fishing, with a view to helping the bass stocks recover. Bass management is an issue of great importance to the local fishing industry and has received wide media interest. In addition to that officers have conducted face to face consultation with fishermen who fish on the beach to canvas their views.

Whilst there were many different opinions expressed in relation to other parts of the package that I will be proposing, only positive comments have been received in relation to the removal of the exemption from requiring a permit to drive on the beach to transport fishing gear. We should remember that we are, of course, only removing the exemption. Should anyone legitimately need to drive on the beach for the transport of fishing gear then a permit could be issued.

I am completely satisfied this small amendment is an important part of our management strategy for the bass. It also supports the States wider goals in particular the protection of our internationally recognised RAMSAR sites. I hope you are comfortable to approve this measure. I would be very grateful if you could request your relevant officers to action this change as soon as is convenient.

In light of these emails the Minister has agreed to assist with this matter and make an amendment to the Policing of Beaches Regulations where by vehicles transporting fishing gear would require permission to drive on a beach.

Proposed Amendment

The proposal is to remove the words ‘Fishing Gear’ from the items to which vehicles are permitted to transport on a beach without obtaining prior permission from the EDD Minister.

The Regulations

The amendment to the Regulations, which is subject to the approval and the wording of the Law Draftsman, will be to remove the words ‘Fishing Gear’ from the items to which vehicles are permitted to transport on a beach without obtaining prior permission.

Resource implications

There are no resource implications to the States.

Hospitality & Leisure Manager

1 December 2015