Delegation of Functions: Amendment: Fisheries Regulation Work

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A decision made 27 September 2012:

Decision Reference:

MD-E-2012-0108

Decision Summary Title :

Amendment to Delegated Powers

Date of Decision Summary:

02/08/12

Decision Summary Author:

Marine Resources Section Leader

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 :

Amendment to Delegation of Fisheries Functions

Date of Written Report:

02/08/12

Written Report Author:

Marine Resources Section Leader

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Amendment to the delegation of functions by the Minister in respect of Fisheries regulatory work.

Decision(s):

The Minister under Article 28 of the States Law 2005 approved the delegation of his powers for the fisheries legislation shown in the attached report.

Reason(s) for Decision:

To ensure the effective discharge of the Minister’s responsibilities concerning the regulation of sea fishing and mariculture.

Resource Implications:

There are no manpower or financial resource implications.

Action required:

Marine Resources Section Leader to inform the Greffier.

Signature:

Senator Alan J Maclean

Position:

Minister for Economic Development

Date Signed:

Date of Decision (If different from Date Signed):

Delegation of Functions: Amendment: Fisheries Regulation Work

ECONOMIC DEVELOPMENT DEPARTMENT

Amendment to Delegation of Fisheries Functions

Purpose of the Report

For the Minister to approve a revised set of Delegated Powers to assist in the delivery of improved customer service and effective management of the aquaculture industry.

Background

Article 28 of the States of Jersey Law 2005 enables a Minister to delegate functions:-

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

Definition –

“officer” means a person employed under the Civil Service Administration (Jersey) Law 1948 whose duties are wholly or mainly administrative, professional, technical or clerical and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

On 18 January 2012, the Minister approved a revised set of delegated functions in relation to all aspects of the regulation of his Economic Development portfolio. These delegations were contained in a schedule attached to the accompanying report to MD-E-2012-0019.

In July 2012 it was realised that a number of relatively minor administrative measures relating to aquaculture licenses and fishing activity had not been delegated by the Minister in the decision of 18 January. The purpose of this decision is to amend the delegated powers to include a number of new and minor delegations to assist in the delivery of improved customer service and effective management of the aquaculture industry.

Discussion

Licences to use areas of the seabed/beach for the cultivation of fish or shellfish are granted by the Minister in accordance with the authority vested in him by the Sea Fisheries (Fisheries) (Jersey) Regulations 2010. That authority includes the need for formal consultation and a number of other measures relating to the application process. Whilst the previous delegated powers decision authorises the Assistant Minister and a number of senior officers to renew licences that are unchanged, no provision has been made for the Assistant Minister to authorise changes to licences or new applications.

In the absence of the Minister, it is possible for the Chief Minister to authorise new or amended licences, but this can take longer than desirable and involves a degree of briefing. The Assistant Minister sits on the Marine Resources Panel (which makes recommendations on such applications) and is therefore often in a more informed position to decide on the applications and manage the process than the Chief Minister or Minister.

Regulation 8 of the Sea Fisheries (Fisheries) (Jersey) Regulations 2010 allows the Minister to apply conditions to licenses issued for aquaculture. The industry is rapidly developing and it is often necessary to bring in licence conditions in a relatively short timescale to control and regulate such development; however such conditions can only be introduced or amended by the Minister.

Management of the industry would be more responsive if the ability to create or amend conditions were delegated to the Assistant Minister, Chief Executive Officer, Director of the Environment/Assistant Chief Officer, Director of Environmental Management and Rural Economy and Director for Environmental Protection. This would then align with the same degree of delegation as applied to licence conditions relating to commercial fishing vessels. Licence conditions are generally created and amended in partnership with members of the industry, who recognise the need to ensure long term sustainability of their industry.

Regulation 5 of the Sea Fisheries (Miscellaneous Provisions)(Jersey) Regulations 1998 allows the Minister to partially close the spider crab fishery for a period not exceeding 90 days. The regulations make strict provisions for the publication of this closure. The closure is agreed annually by fishermen from Brittany, Normandy and Jersey, who were the original instigators of a closure, but agreement can often be made quite close to the date by which the closure must be notified. Currently the closure can only be authorised by the Minister or Chief Minister, allowing it to be delegated to the Assistant Minister would allow greater flexibility to ensure that notice of the closure can be given sufficiently ahead of it.

The revised delegated functions have been included in a Schedule intended to replace the Fisheries part (pages 2 to 5) of the schedule approved in MD-E-2012-0019.

Recommendation

The Minister is recommended to approve the delegated functions listed in the attached schedule.

Written by:	Marine Resources Section Leader

Approved by:	Director Environmental Management and Rural Economy

Ministerial Decision ref: MD-E-2012-0108