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Sea Fisheries (Spider Crabs - Restrictions on Fishing) (Jersey) Order - Proposed Amendments

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A decision made on 2 July 2019

Decision Reference: MD-PE-2019-0057

Decision Summary

Title:

 

Approval to request legislative drafting to amend the Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order

Date of Decision Summary:

28 June 2019

Decision Summary Author:

Marine Scientist

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Approval to request legislative drafting to amend the Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order

Date of Written

Report:

28 June 2019

Written Report  Author:

Marine Scientist

Written Report :

Public or Exempt?

Public

Subject:

Approval to request legislative drafting to amend the Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order

Decision(s): The Minister requested legislative drafting to amend the Sea Fisheries (Spider Crabs – Restrictions on Fishing)(Jersey) Order.

Reason(s) for decision: This order is required under the Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 2014 (R&O84/2014) to provide protection for spider crabs in local waters during the period immediately after they have moulted.

Resource Implications: There are no financial or manpower resource implications.

Action required:  Principal Legislative Drafter to be requested to draft amendments to the Sea Fisheries (Spider Crabs – Restrictions on Fishing)(Jersey) Order.

Signature: 

 

 

 

 

 

Deputy Gregory Guida

Position:

 

 

 

 

 

Assistant Minister for the Environment

Date Signed:

 

Date of Decision (If different from Date Signed):

 

Sea Fisheries (Spider Crabs-Restrictions on Fishing (Jersey) Order - Proposed Amendments

 

Growth, Housing and Environment

 

Approval to request legislative drafting to amend the Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order

 

 

Purpose of the Report

 

For the Assistant Minister to request legislative drafting time to the Sea Fisheries (Spider Crab – Restrictions on Fishing)(Jersey) Order.
 

Background

 

The Joint Advisory Committee (JAC) and the Joint Management Committee (JMC) established under the terms of the Agreement relating to fishing in the Bay of Granville, met on 18 and 19 September 2008 respectively.  Both Committees approved the introduction of a ban on the use of certain types of static fishing nets in an area in French and Jersey waters to the south of Jersey during the annual closed season for spider crabs.

In order to achieve this an amendment to the Sea Fisheries (Miscellaneous Provisions)(Jersey) Regulations was approved by the States in 2014. 

 

The Regulations do not of their own accord introduce any restrictions on fishing.  They do however allow the Minister to introduce by Order limited restrictions on the taking of spider crab during a closed period (this was previously done by Ministerial Decision) and the use of nets during that period (this is a new provision to give effect to the Granville Bay Committees recommendations). The Order is required on an annual basis and now requires drafting.

 

Details
 

Each year in the early autumn when the spider crabs change shell, there is a ban on the catching of newly moulted spider crabs. The concept of this ban came about many years ago and was driven by fishermen recognising that supplying poor quality crabs damaged their market place reputation and had a detrimental effect on the stock. The dates for this ban are agreed at the June/July meetings of the Granville Bay Committees.  Jersey only has a partial ban, as local fishermen catch spider crab in pots and this allows them to hand select those that have not moulted, returning the moulted crabs to the sea undamaged. The ban in France is total, as most French fishermen target spider crabs with tangle nets and it is almost impossible to remove a recently moulted spider crab from such a net without damaging it.

 

Over the years it has become apparent that during the closed season nets were being used or left in the sea in areas where they have a detrimental effect on the newly moulted spider crabs.  In some cases nets were be left in place for the entire duration of the ban, allowing their owners to lift them with a catch of spider crabs for the first day of the open season. This was considered unacceptable and the Order prevents such activity.

At the recent JAC meeting held in Jersey on the 25th and 26th June 2019 both the closed season dates and the area where nets are not allowed was agreed and a recommendation made to the JMC. The JMC subsequently endorsed the recommendations of the JAC that the closed season for spider crab would be from the 1st September until the 15th October 2018. The closed area for the setting of nets would remain the same as was agreed in 2016.

 

Recommendation

 

The Assistant Minister is recommended to request law drafting time to the Sea Fisheries (Spider Crab – Restrictions on Fishing)(Jersey) Order.

 

 

28th June 2019

 

Written by:

Marine Scientist

 

 

Approved by: 

Director, Natural Environment

 

Ministerial Decision Case Ref: MD-E-2019-0057

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