The Antarctic Act 1994 (Convention for the Conservation of Antarctic Marine Living Resources) Regulations 2020: Extension to Jersey

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 16 December 2020:

Decision Reference: MD-PE-2020-0113
Decision Summary Title:	The Antarctic Act 1994 (Convention for the Conservation of Antarctic Marine Living Resources) Regulations 2020		Date of Decision Summary:	14 December 2020
Decision Summary Author:	Private Secretary		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Private Secretary
Written Report Title:	Antarctic Act 1994 (Convention for the Conservation of Antarctic Marine Living Resources) Regulations 2020		Date of Written Report:	N/A
Written Report Author:	Private Secretary		Written Report: Public or Exempt?	Public
Subject: The Antarctic Act 1994 (Convention for the Conservation of Antarctic Marine Living Resources) Regulations 2020.
Decision(s): The Minister agreed that the Antarctic Act 1994 (Convention for the Conservation of Antarctic Marine Living Resources) Regulations 2020 (“the Regulations”) should extend to Jersey. The Secretary of State, having consulted the Government of Jersey [1], made the Regulations on 06 November 2020 in exercise of the powers conferred by section 25 of the Antarctic Act 1994 as extended to Jersey by the Antarctic Act 1994 (Jersey) Order 1995, as amended by the Antarctic Act 1994 (Jersey) (Amendment) Order 2016.
Reason(s) for Decision: The Regulations implement key provisions of the Convention for the Conservation of Antarctic Marine Living Resources. The main effect of the Regulations is to provide that no British vessel, including a Jersey, Guernsey or Isle of Man vessel, may fish for profit in the Convention Area of the Antarctic without authorisation from the Secretary of State. The Regulations make it a criminal offence in Jersey law to enter the Convention Area intending to fish for profit without an authorisation, and to fish for profit within the Convention Area without an authorisation or in breach of any condition of an authorisation. In order to take effect in Jersey, the Regulations must be registered by the Royal Court. If the Court decides to register the Regulations, they will come into force on whichever is the later of the day after being registered or when they come into force in the United Kingdom (31 December 2020 at 11pm).
Resource Implications: There are no additional manpower or financial implications arising from this decision.
Action required: Officers to inform the Crown Advocate of the Minister’s decision.
Signature: Deputy John Young		Position: Minister for the Environment
Date Signed: XX/12/2020		Date of Decision (If different from Date Signed):