Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003: Amendment

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A decision made 15 December 2010 regarding: Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003: Amendment

Decision Reference:

MD-E-2010-0203

Decision Summary Title :

Sea Fisheries (Licensing of Fishing Boats)(Jersey) amendment

Date of Decision Summary:

01/12/10

Decision Summary Author:

Senior Fisheries Inspector

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 :

Sea Fisheries (Licensing of Fishing Boats)(Jersey) amendment

Date of Written Report:

01/12/10

Written Report Author:

Senior Fisheries Inspector

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Sea Fisheries (Licensing of Fishing Boats)(Jersey) Regulations 2003: amendment.

Decision(s):

The Minister agreed that the Sea Fisheries (Licensing of Fishing Boats)(Jersey) Regulations 2003 should be amended to enable a fee to be charged for the renewal of fishing vessel licences or permits.

Reason(s) for Decision:

It is necessary for an amendment to be made to the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003 in order to give the Minister the necessary scope to charge a fee for the renewal of fishing vessel licences or permits in accordance with the Annual Business Plan 2011.

Resource Implications:

There are no immediate financial or manpower implications.

Action required:

The Law Draftsman will be requested to draft the necessary amendment on the basis of a suitable brief to be provided by the Department.

Signature:

Senator Alan Maclean

Position:

Minister for Economic Development

Date Signed:

Date of Decision (If different from Date Signed):

Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003: Amendment

ECONOMIC DEVELOPMENT DEPARTMENT

Amendment to Sea Fisheries (Licensing of Fishing Boats)(Jersey) Regulations 2003

Purpose of the Report

For the Minister to approve law drafting work commence to amend the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003 in order for the Minister to be able to charge a fee for the renewal of fishing vessel licences or permits.

Background

The States Business Plan for 2011 approved the introduction of fees in respect of annually issued Granville Bay Fishing Permits under the CSR user pays principle (Page 79 Annex to Business Plan 2011).

The ability for the Minister to set fees for fishing licences and permits is contained in the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003; however those regulations specifically exclude the ability to charge where a licence is reissued in respect of the same person in respect of the same fishing boat.

The Regulations need to be amended to allow the Minister to charge for such renewals.

Detail

In strict terms fishing vessel licences or permits are not renewed, but on change of details or at the end of specific time periods, new licences or permits are issued. When licensing was first introduced it was deemed to be inappropriate to charge for either a straightforward renewal of a licence or permit or the issue of a replacement licence or permit required as a result of the holder changing address or other such details. It was for these reasons that the Regulations were drafted to preclude the ability to charge fees in such circumstances.

By removing these constraints the Minister would be able to prescribe renewal charges by Order. Where the Minister deems it to be unnecessary to charge a fee (perhaps for example the issue of a replacement licence resulting from a change of address of the holder) then the order would not specify a fee.

Recommendation

It is recommended that the Minister approves the drafting of an amendment to the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003 to remove the constraints on charging for the renewal/re-issue of fishing licences and permits.

Written by:	Senior Fisheries Inspector

Approved by:	Director of Environment

Attachments:

Ministerial Decision ref: MD-E-2010-0203

01/12/2010

This is hidden textPlease would you list any relevant publications or documents The kind of publications that may be included in the list include -States Strategic PlanAnnual Business PlanDepartmental Business PlanStates reports and propositionsConsultants reportsOther key references

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