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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Permission to advertise new application for fish farming concession.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (12/04/2006) regarding publication of draft fish farm concession application.

Subject:

Publication of draft fish farm concession application

Decision Reference:

MD-PE-2006-0045

Exempt clause(s):

n/a

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

n/a

Telephone or

e-mail Meeting?

n/a

Report

File ref:

L:\AAF\Fisheries\Scientific

\Aquaculture\La Rocque Oysters

Written report – Title

Permission to advertise new application for fish farming concession

Written report – Author

(name and job title)

Greg Morel – Fisheries Officer R & D.

Decision(s):

Approve publication of draft fish farm concession.

Reason(s) for decision:

The Minister is responsible for the issue of fish farming licences on the seabed under the Sea Fisheries (Establishment and Regulations of Fisheries)(Jersey) Regulations 1998.

The regulation states that an application should be published in the Evening Post Gazette on at least two occasions, to allow comments to be received from the general public.

The application was considered by the Fisheries and Marine Resources Advisory Panel on 8 March 2006 and the Panel agreed to recommend to the Minister that the application be published in the Gazette in draft subject to the conditions suggested.

After publication the Department will assess the replies then advise the Minister accordingly.

Action required:

Greg Morel to organise publication of draft fish farm concession in Gazette.

Signature:

(Minister/ Assistant Minister)

Date of Decision:

12 April 2006

 

 

 

 

 

Permission to advertise new application for fish farming concession.

PLANNING AND ENVIRONMENT DEPARTMENT

Advertise new application for fish farming concession

Purpose of the Report

The Minister is responsible for the issue of fish farming licences on the seabed under the Sea Fisheries (Establishment and Regulations of Fisheries)(Jersey) Regulations 1998.

Background

The above regulation specifies that if the Minister is in agreement a concession application must be presented in a set format. The regulation states that an application should be published in the Jersey Evening Post Gazette on at least two occasions, to allow comments to be received from the general public. If comments are received they are then put before an independent arbitrator. The Minister then reviews the application in light of public opinion which is vetted by the independent arbitrator.

Discussion

An application for a fish farm concession was received from Mr D Le Masurier of La Rocque Fisheries (Application attached). La Rocque Fisheries is a well established fish farming business and is one of the largest on the Island. The current application consists of two parts. First is the acquisition of a new area on the beach for the farming of oysters in the Royal Bay of Grouville. Second, the consolidation of areas currently held as concessions by reduction of some concession areas to fulfil current use and to consolidate the concessions held in the Royal Bay of Grouville to form one main bed. The changes will represent a reduction in area of approximately 2.5 hectares. After careful consideration the Panel agreed to recommend to the Minister that the application be published in the Gazette in draft to allow for comments from the General Public. In light of concerns expressed by some members, the Panel recommended that Officers ensure full utilisation of the site before any further concessions area would be considered.

The Receiver General has been consulted and has no comment to make with respect to the application.

A Planning Application has been submitted to the Planning Division and is currently being processed.

Recommendation

The Minister is asked to endorse the view of the Fisheries and Marine Resources Panel and approve the publication of the application for a fish farm concession in draft and approve the conditions suggested by the Panel.

Written by:

Greg Morel, Fisheries Officer – Research & Development

 

 

 

 

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