Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001: Proposed Amendment to Minimum Whelk Size

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A decision made on 7 October 2009 to pursue an amendment to the Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001

Decision Reference: MD-E-2009-0174
Decision Summary Title :	Approval commencement of law drafting to increase the minimum size of whelks		Date of Decision Summary:	24/09/09
Decision Summary Author:	Senior Fisheries Inspector		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 :	Approval commencement law drafting to increase the minimum size at which whelks may be retained		Date of Written Report:	24/09/09
Written Report Author:	Senior Fisheries Inspector		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001: commissioning of amendment to increase the minimum whelk size.
Decision(s): The Minister resolved to pursue an amendment to the Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001 to increase the minimum size at which whelks may be retained in possession from 45 millimetres to 50 millimetres in length. This change would be subject to a caveat that the size increase would not apply in those parts of the Jersey territorial sea which form part of the “Area” as defined in the Agreement between the UK and France concerning fishing in the Bay of Granville.
Reason(s) for Decision: The proposal for the increase in minimum size was agreed by the Fisheries and Marine Resources Panel at a meeting on 8th July 2009 and has the full support of the Jersey Fishermen’s Association.
Resource Implications: There are no financial or manpower implications.
Action required: Law Draftsman to be requested to produce the necessary draft on the basis of a brief to be provided by the Senior Fisheries Inspector.
Signature: Senator Alan Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001: Proposed Amendment to Minimum Whelk Size

ECONOMIC DEVELOPMENT DEPARTMENT

Purpose of the Report

To obtain the approval from the Minister to commence law drafting to amend the Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001 to increase the minimum size at which whelks may be retained in possession from 45 millimetres to 50 millimetres in length. The size increase will not apply to those parts of the Jersey territorial sea which form part of the “Area” as defined in the Agreement between the UK and France concerning fishing in the Bay of Granville.

Background

The whelk fishery around Jersey and in adjacent French waters is very important to the local French fishing fleet and the port of Granville; at times in excess of 80 French vessels have targeted the species. Local vessels have also exploited the fishery on an occasional basis.

In view of the amount of fishing effort being targeted at whelks in local waters, an annual study of the state of the whelk stock has been conducted by Jersey government fisheries scientists since 1999. At an early stage it was identified that a minimum size should be introduced and the minimum size of 45 millimetres was agreed with the French; that size was subsequently adopted by the European Union,

Despite the introduction of the minimum size and other effort control measures introduced by the French in respect of their own fleet, the annual studies have shown a steady decline in the state of the stock. Research work undertaken by fisheries scientists from France has shown a similar trend, however French and Jersey views on the seriousness of the decline and measures to reverse it cannot be agreed.

Pending such an agreement, the Jersey Fishermen’s Association and Fisheries and Marine Resources Panel are recommending an increase in size from 45 to 50 millimetres for those parts of the Jersey territorial sea where the Island can introduce conservation measures without the need for agreement from the French government. Such areas include the exclusive three mile limit and zones around Les Dirouilles and the Paternosters.

Discussion

Officials of the French Government have expressed the view that under the terms of the Agreement between the UK and France concerning fishing in the Bay of Granville, Jersey cannot introduce amendments to fisheries regulations applicable to the zones around Les Dirouilles and the Paternosters without following the arbitration procedures described in the Agreement. This view has been refuted by the Jersey law officers and their opinion has been passed on to the French authorities who have made no further comment.

The increase in minimum size will apply to Jersey and French vessels transiting or working in the two zones and will also apply to the possession of whelks on the Island.

Wider measures may still be needed to further safeguard the stocks and the increased minimum size is below that at which the average whelk is able to reproduce. There are however difficulties relating to the marketing of larger whelks and to introduce an even greater minimum size would place Jersey fishermen at a considerable commercial disadvantage. The size of 50 millimetres will however result in a significant increase in the number of whelks being returned to the sea and has been discussed at length and has the full support of the local industry.

Recommendation

The Minister approves that law drafting work commences on amending the Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001 to increase the minimum size at which whelks may be retained in possession from 45 millimetres to 50 millimetres in length for the exclusive three mile limit and zones around Les Dirouilles and the Paternosters.

Written by:	Senior Fisheries Inspector

Approved by:	Andrew Scate – CEO Planning and Environment