Sea Fisheries (Inshore Waters) (Jersey) Regulations 1998, and Sea Fisheries (Inshore Trawling, Netting and Dredging) (Jersey) Regulations 2001: Amendments: Law drafting instructions

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A decision made 27 July 2016:

Decision Reference: MD-PE-2016-0107
Decision Summary Title :	Approval to request law drafting for amendments to Sea Fisheries (Inshore Waters) (Jersey) Regulations 1998 and Sea Fisheries (Inshore Trawling, Netting and Dredging)(Jersey) Regulations 2001			Date of Decision Summary:	25 July 2016
Decision Summary Author:	Assistant Director – Marine Resources			Decision Summary: Public or Exempt? (If 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:	Approval to request law drafting for amendments to Sea Fisheries (Inshore Waters) (Jersey) Regulations 1998 and Sea Fisheries (Inshore Trawling, Netting and Dredging)(Jersey) Regulations 2001			Date of Written Report:	25 July 2016
Written Report Author:	Assistant Director – Marine Resources			Written Report : Public or Exempt? (If Exempt State clauses from Code of Practice booklet)	Public

Subject: Approval for law drafting for amendments to Sea Fisheries (Inshore Waters) (Jersey) Regulations 1998 and Sea Fisheries (Inshore Trawling, Netting and Dredging)(Jersey) Regulations 2001
Decision(s): The Minister approved the law drafting request to amend Sea Fisheries (Inshore Waters) (Jersey) Regulations 1998 and Sea Fisheries (Inshore Trawling, Netting and Dredging)(Jersey) Regulations 2001
Reason(s) for decision: Following consideration of most recent evidence and comments received, amendments to both Regulations are required to allow for appropriate and timely management of fish stocks.
Resource Implications: There are no financial or manpower resource implications.
Action required: Law Draftsman to be requested to draft amendments to Sea Fisheries (Inshore Waters) (Jersey) Regulations 1998 and Sea Fisheries (Inshore Trawling, Netting and Dredging)(Jersey) Regulations 2001
Signature: Deputy S Luce		Position: Minister for Enviroment
Date Signed:			Date of Decision:

Sea Fisheries (Inshore Waters) (Jersey) Regulations 1998, and Sea Fisheries (Inshore Trawling, Netting and Dredging) (Jersey) Regulations 2001: Amendments: Law drafting instructions

DEPARTMENT OF THE ENVIRONMENT

Approval to request law drafting for amendments to Sea Fisheries (Inshore Waters) (Jersey) Regulations 1998 and Sea Fisheries (Inshore Trawling, Dredging and Netting)(Jersey) Regulations 2001

Purpose of the Report

For the Minister to request law drafting time to make amendments to Sea Fisheries (Inshore Waters) (Jersey) Regulations 1998 and Sea Fisheries (Inshore Trawling, Dredging and Netting)(Jersey) Regulations 2001.

Background

On the 28th June 2016 the States of Jersey debated a packages of measures to protect bass stocks lodged by the Minister for Environment. This package included restrictions on the amount of fishing gear that an individual can set at any one time. In order to achieve this, amendments were required to the Sea Fisheries (Inshore Waters)(Jersey) Regulations 1998 in order to limit the number of hooks that can be set and to the Sea Fisheries (Inshore Trawling, Netting and Dredging)(Jersey) Regulations 2001in order to set the length of net. These measures were passed by the States. During that debate the Minister committed to monitoring and reviewing the situation in respect of the stock and bring forward subsequent amendments to improve the management as and when required.

Despite the short interlude, a further amendment to each of the Regulations is now required to ensure the management is appropriate.

Details

The most recent scientific advice on the bass stock published by the International Council for Exploration of the Sea (ICES) on the 30th June 2016 stated the recommendation for catches of bass for 2017 was a reduction for both the commercial and recreational sectors to zero. This recommendation has not yet been accepted and it would represent a change from the current limits in place.

It is acknowledged that, although beach set nets and hooks can and do catch other species, the target stock is bass. It is somewhat nonsensical to be able, through other regulations, to restrict the amount of bass that can be caught, but to continue to allow a fishing method to continue that targets this species.

Whilst it is clear that an amendment to both these regulations can be lodged and debated to change the amount of gear that can be set, it is proposed that a more appropriate amendment would be to allow the number of hooks and the length of nets to be set by order, thus putting in place a timely and suitable mechanism to react to the sometimes rapid changes in the management of fish stocks.

It is not the intention to pre-empt any future management decisions but to put in place the best system to re-act to future changes if and when required.

Recommendation

The Minister is recommended to request law drafting time for amendments to the Sea Fisheries (Inshore Waters)(Jersey) Regulations 1998 and the Sea Fisheries (Inshore Trawling, Netting and Dredging)(Jersey) Regulations 2001.

Written by:	Assistant Director – Marine Resources

Approved by:	Director Environmental Management and Rural Economy

Ministerial Decision Case Ref: MD-PE-2016-