Amendment to legislation concerning the exploitation of seaweed.

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A decision made (29/03/2006) to amend legislation concerning the exploitation of seaweed.

Subject:	Amendment to legislation concerning the exploitation of seaweed
Decision Reference:	MD-PE-2006-0034		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\Seaweed
Written report – Title	Legislation Request Questionnaire - Amendment to legislation concerning the exploitation of seaweed
Written report – Author (name and job title)	Greg Morel – Fisheries Officer (R & D)
Decision(s): To approve in principle amendments to the legislation concerning the exploitation of seaweed and to seek Law Drafting time in 2007.
Reason(s) for decision: The current law, dating from 1894, is in French and was applicable at a time when there was widespread seasonal use of “vraic” as a field dressing. Given the possible over exploitation of the resource, this law sought to manage the cropping and collection of seaweed in a sustainable and appropriate way. The aims of any intended legislation would remain the same but the context and use of the resource have changed. Law drafting time will be required for the introduction of different measures.
Action required: The Director of Environment to submit a request to the 2007 Law Drafting programme to amend the legislation concerning the exploitation of seaweed.
Signature: (Minister)		Date of Decision: 29 March 2006

Amendment to legislation concerning the exploitation of seaweed.

CHIEF MINISTER’S DEPARTMENT

LEGISLATION PROGRAMME

Legislation Request Questionnaire

SPONSORING DEPARTMENT :- Planning and Environment BID FOR YEAR :- 2007

CONTACT OFFICER :- Greg Morel – Fisheries Officer REF NO :-

A. GENERAL DETAILS AND PURPOSE
1	PROPOSED TITLE OF LEGISLATION Amendment to legislation concerning the exploitation of seaweed
2	NATURE OF LEGISLATION (Law, Regulation, Order etc) Law
3	PLEASE PROVIDE A SHORT SUMMARY OF THE AIM OF THIS LEGISLATION (MAXIMUM OF 50 WORDS). To allow for the gathering and cropping of seaweed under licence to aid the development of a sector of the fish farming industry and possible other industries with an interest in using this renewable resource.
4	IS THE REQUEST FOR NEW, OR FOR THE AMENDMENT OF EXISTING LEGISLATION? Currently unknown
5	(A) STATE THE ISSUE OR PROBLEM TO BE RESOLVED The gathering and cropping of seaweed is currently legislated for by the Law “Loi (1894) sur la coupe et la peche des vraics”. The Law is in French, very outmoded, and potentially hampering the development of a sector of the fish farm industry and possibly other industries. Ormers are currently being farmed experimentally but the development of this industry is being restricted by the current legal situation which stipulates the time of year when seaweed can be cut. Fresh, live seaweed is required to feed ormers throughout the year. Several enquiries have also been received from individuals looking to harvest seaweed for cosmetic or pharmaceutical products. This activity is also currently not possible. A change in the legislation could allow economic development of these industries by making use of a renewable resource, under licence in a sustainable and appropriate manner. (B) STATE THE EXPECTED BENEFIT OF THE MEASURE Amendment to the legislation would allow for the utilisation of this resource by industries in a sustainable and appropriate manner.
6	WHAT POSITIVE OR NEGATIVE IMPACT DOES THIS LEGISLATION HAVE ON KEY OBJECTIVES OF THE STATES OF JERSEY? (ECONOMY; ENVIRONMENT; STEWARDSHIP; SOCIAL) see attached guidance notes The legislation has economic benefits in that it will facilitate the development of an emerging sector of the fish farm industry, which itself is also expanding. The legislation is environmentally sound in that it allows for the sustainable use of natural resource. Local sustainability is also a key stewardship objective. This legislation has no negative impacts on States key objects.
7	WHAT WOULD HAPPEN IF NO ACTION WERE TAKEN? WHAT RISK WOULD BE RUN AND HOW GREAT WOULD IT BE?
8.	IS THE LEGISLATION LIKELY TO BE LONG AND/OR COMPLEX? Dependent on the route taken.
9	IS THIS A PREVIOUSLY UNIDENTIFIED/URGENT REQUEST? IF SO, PLEASE PROVIDE AN EXPLANATION? N/A
B. EXTENT OF DEVELOPMENT OF POLICY
10	HAS THE REQUEST RECEIVED THE “IN PRINCIPLE” APPROVAL OF THE STATES OR ANY OTHER RELEVANT BODIES?
11	ARE THE PROPOSALS LIKELY TO BE LEGALLY CONTENTIOUS? (IF SO, HAS THE ADVICE OF THE LAW OFFICERS BEEN SOUGHT?) No
12	IS THERE LIKELY TO BE ANY EXPRESS OPPOSITION TO WHAT IS PROPOSED AND HOW MIGHT THIS MANIFEST ITSELF? No
13	HAS THERE BEEN CONSULTATION UPON THE PROPOSALS? (Describe the level of consultation generally, indicating organizations consulted, time allowed for consultation and whether or not responses to consultation were in favour of the proposal )
C. THE EFFECT ON BUSINESS
14	BUSINESS SECTORS AFFECTED (Please state the business sectors or types of businesses likely to be affected and estimate the number of businesses involved) A sector of the fish farming industry involved in the growing of ormers (currently 2). The cosmetic or pharmaceutical industry could potentially benefit from the change.
15	COMPLIANCE COSTS FOR A TYPICAL BUSINESS (Please summarise the total estimated compliance costs regarding a measure for a “typical” business in each concerned sector or the type of business most likely to be affected in terms of recurring and non-recurring costs) None
16	HOW DO THE COMPLIANCE COSTS OF OTHER OPTIONS COMPARE? N/A
17	TOTAL COMPLIANCE COSTS (Summarise the total estimated compliance costs for all specific sectors or types of business/individuals likely to be affected) N/A
18	EFFECTS ON INTERNATIONAL COMPETITIVENESS (Describe how any additional costs arising from the measure may affect the competitive position of the Island) N/A
D. THE EFFECT ON INDIVIDUALS & GROUPS
19	WHAT COSTS, IF ANY MIGHT BE INCURRED TO OTHERS (E.G. ISLAND RESIDENTS) AS A RESULT FROM THE LEGISLATION? None
20	WHO WILL PRIMARILY BENEFIT FROM THE PROPOSAL AND IN WHAT WAY? (FINANCIAL, LIFESTYLE, FREEDOM TO ACT) Those wishing to gather or crop seaweed for a commercial purpose (e.g. ormer farmer for feed, cosmetic or pharmaceutical industry) would benefit financially.
21	IF THE MEASURE IS PROPOSED TO BENEFIT A SPECIFIC GROUP OR SECTION OF THE POPULATION, IS ANYONE LIKELY TO BE OTHERWISE ADVERSELY AFFECTED OR DISADVANTAGED IN EITHER FINANCIAL OR OTHER TERMS AND IN WHAT WAY? No
E. THE EFFECT ON GOVERNMENT RESOURCES
22	a) HOW WILL THE PROPOSED LEGISLATION BE IMPLEMENTED, ADMINISTERED, AND ENFORCED? The proposed legislation will be implemented, administered and enforced by the Fisheries section of the Environment Division, Planning and Environment Department.
	b) WHAT ARE THE RESOURCE CONSEQUENCES OF EACH OF THESE PHASES, AND HAVE THESE BEEN ACCEPTED BY THE RESOURCE DEPARTMENTS? (Please refer to all resources including ongoing revenue costs, and manpower costs in terms of number of posts (FTE) and actual headcount expected.) Any resource implications will be absorbed by the Fisheries section.
	c) WHAT, IF ANY, ARE THE SAVINGS ACHIEVED BY THE PROPOSED LEGISLATION?
23	WHAT ARE THE POTENTIAL KNOCK-ON EFFECTS TO OTHER DEPARTMENTS OF THIS PROPOSED LEGISLATION IN RESOURCE TERMS? (Please include details of those departments consulted.) None
F. INSTRUCTING THE LAW DRAFTSMAN v (See Law Draftsman’s handbook, “Making New Laws”)
24	WHEN WILL COMPREHENSIVE DRAFTING INSTRUCTIONS BE AVAILABLE?
25	WILL ANY ASSISTANCE BE REQUIRED FROM OUTSIDE THE STATES TO ENABLE THE PREPARATION OF DRAFTING INSTRUCTIONS - IF SO - (a) WHAT ARRANGEMENTS HAVE BEEN MADE TO SOURCE THE ASSISTANCE? (b) ARE FINANCIAL RESOURCES AVAILABLE FOR THIS PURPOSE?
26	(a) GIVE THE NAME OF THE INSTRUCTING OFFICER (AND PROVIDE DETAILS OF THE ASSISTANCE FROM OUTSIDE THE STATES, IF ANY, THAT IS TO BE USED) (b) CONFIRM THAT THE INSTRUCTING OFFICER WILL BE ABLE TO CONSIDER DRAFTS SUBMITTED BY THE LAW DRAFTSMAN’S OFFICE, AND REQUESTS FOR FURTHER INSTRUCTIONS, FULLY AND WITHOUT DELAY
27	WHEN DO YOU EXPECT TO BE ABLE TO DELIVER INSTRUCTIONS FOR OUTSTANDING MATTERS IN THE 2006 LEGISLATION PROGRAMME?
Signature: .......................................................		Designation : .......................................................
Date: .......................................................		Chief Executive : .......................................................