Delegated Powers in respect of tags for fishing pots.

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A decision made (03/04/2007) regarding: Delegated Powers in respect of tags for fishing pots.

Subject:	Delegated Powers in respect of tags for fishing pots
Decision Reference:	MD-E-2007-0076		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:	6.1.1
Written report – Title	Sea Fisheries (Miscellaneous Provisions)(Amendment No. 4)(Jersey) Regulations 2007 – Delegated Powers
Written report – Author (name and job title)	Mike Smith – Senior Fisheries Inspector
Decision(s): The Minister approved the attached list of delegations and authorisations which supersedes the list agreed on 7 February 2007 (MD-E-2007-0037).
Reason(s) for decision: The Sea Fisheries (Miscellaneous Provisions)(Amendment No. 4)(Jersey) Regulations 2007 introduce a requirement that pots used to catch certain types of shellfish by commercial fishermen need to have identifying tags attached to them. The regulations allow the Minister to decide the type of tag and the year/years for which tags are valid and to make exemptions from the need for pot tags in special circumstances. The Minister is also able to issue “lost pot tags” and to set the conditions to be attached to any exemption permit. In order to manage this scheme on a day to day basis it is necessary for the Minister to make the new delegations and authorisations on the amended list.
Action required: To request Angela Rayson, Publications Editor, States Greffe to present the amended list of delegations and authorisations as a Report to the States.
Signature: Senator Philip Ozouf Minister for Economic Development		Date of Decision: 3 April 2007

Delegated Powers in respect of tags for fishing pots.

ECONOMIC DEVELOPMENT DEPARTMENT

Sea Fisheries (Miscellaneous Provisions)(Amendment No. 4)( Jersey ) Regulations 2007 – Delegated Powers

(Public)

Purpose of the Report

To ensure efficient administration of the Shellfish pot tagging scheme.

Background

The Sea Fisheries (Miscellaneous Provisions) (Amendment No.4) (Jersey) Regulations 2007 became effective on 6th February 2007. This amendment effectively put in place a pot tagging scheme for shellfish pots for all commercial fishing vessels operating in the Jersey territorial sea. The scheme had already been in operation as a licence condition for Jersey registered fishing vessels since late in 2005.

Pot tags are issued on an annual basis and the regulations make provision for the type of tag, exemptions for tags and conditions attached to such exemptions and the issue of “lost pot tags”.

Discussion

Regulation 8 makes provision for the Minister to grant permits for exemptions and to approve the type of tags. The Minister is also empowered to authorise persons to issue pot tags and lost pot tags. In excess of 150 fishermen apply for pot tags each year and exemptions are required on a regular basis, typically when fishermen change boats part way through the year. Bad weather and fishing interaction also cause the loss of pots and fishermen need replacement tags to be issued relatively quickly.

It would be impractical for the Minister to deal with all aspects of the pot tagging scheme on a day to day basis and for this reason seven sets of delegations/authorisations have been included on the attached list of delegated powers. These delegations/authorisations will allow Fishery Officers and administrative staff to administer the pot tagging scheme in exactly the same way as it has been operated for the last 17 months.

Recommendation

It is recommended that the attached list of delegated powers and authorisations is approved.

Written by:	Mike Smith Senior Fisheries Inspector

Approved by:	Chris Newton Environment

Attachments:

List of Powers concerning Fisheries legislation delegated by the Minister to Department Officers

6.1.1

Ministerial Decision ref: MD-E-2007-0076

19.03.07

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Please would you list any relevant publications or documents The kind of publications that may be included in the list include -

·States Strategic Plan

·Annual Business Plan

·Departmental Business Plan

·States reports and propositions

·Consultants reports

·Other key references

Powers concerning Fisheries legislation delegated by the Minister to Department Officers

Law

Detail / Involves

Delegated powers to whom

Sea Fisheries (Jersey) Law 1994

· To approve applications for exemptions for scientific purposes or the transplanting of fish (Article 5)

·To approve conditions to be included in licences (Article 12)

· To decide what information is required to be provided by licence/permit holders (Article 12)

· Where a licence is suspended or revoked, to decide whether to authorise repayment of the licence fee (Article 13)

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

· Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998 as amended

· To decide on applications for exemption from restrictions on Ormers where the applicant wishes to conduct scientific work or transplanting (Regulation 4).

· To decide on applications for exemption from need for pot tags where the applicant wishes to conduct scientific work (Regulation 8).

· To issue and revoke permits to masters, owners and charterers of fishing boats exempting them from the need for pot tags and to set conditions and time limits for such permits (Regulation 8).

· To approve type of pot tag and lost pot tag (Regulation 8).

· To set directions for the issue of pot tags and lost pot tags and to determine the year or years for which pot tags and lost pot tags are valid (Regulation 8).

·To issue pot tags (Regulation 8).

·To issue lost pot tags (Regulation 8).

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

·Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

·Head of Fisheries & Marine Resources

·Senior Fisheries Inspector

·Fisheries Officer (Licensing)

·Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

·Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

·Head of Fisheries & Marine Resources

·Senior Fisheries Inspector

·Fisheries Officer (Licensing)

·Head of Fisheries & Marine Resources

· Fishery Officers and Fisheries Administrative Assistant

· Sea Fisheries (Inshore Trawling, netting and dredging)(Jersey) Regulations 2001

· To approve exemptions for beach set nets to be set in areas where they would otherwise be prohibited.

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

· Sea Fisheries (Licensing of Fishing boats)(Jersey) Regulations (2003)

· To authorise the issue of licences and permits (Part 2).

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources

· Sea Fisheries (Underwater Fishing ) (Jersey ) Regulations 2003

* Powers delegated by the present Ministerial Decision (MD-E-2007-0076)

· To authorise certain scientific or transplanting activities (Regulation 2).

· To authorise the issuing of permits, fishing periods, and the provision of statistics (Regulation 3).

· Assistant Minister

· Chief Executive Officer

· Director Of Environment

· Head of Fisheries & Marine Resources