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A decision made 3 February 2011 regarding: Sea Fisheries (Jersey) Law 1994 - Drafting of Amendment: Exploitation of Marine Resources.

Decision Reference:

MD-E-2011-0018

Decision Summary Title :

Approval commencement law drafting – exploitation of marine resources

Date of Decision Summary:

09/12/10

Decision Summary Author:

Head of Fisheries and Marine Resources

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 :

Approval commencement law drafting – exploitation of marine resources.

Date of Written Report:

09/12/10

Written Report Author:

Head of Fisheries and Marine Resources

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Approval commencement law drafting – exploitation of marine resources.

Decision(s):

The Minister gave approval to the commissioning of an amendment to the Sea Fisheries (Jersey) Law 1994 and of subordinate legislation.

Reason(s) for Decision:

To create principal legislation to allow for the implementation of the Coastal Zone Management Strategy and subordinate regulations to allow the controlled exploitation of marine resources.

Resource Implications:

There are no financial or manpower implications.

Action required:

The Head of Fisheries and Marine Resources to submit law drafting instructions to the Law Draftsmen.

Signature:

Senator Alan Maclean

Position:

Minister for Economic Development

Date Signed:

Date of Decision

Sea Fisheries (Jersey) Law 1994 - Drafting of Amendment: Exploration of Marine Resources

ECONOMIC DEVELOPMENT DEPARTMENT

Approval commencement law drafting – exploitation of aquatic resources.

(Public)

Purpose of the Report

To agree to the drafting of new legislation to regulate the taking of aquatic resources in addition to fish and shellfish. This will replace the very old existing ‘Loi (1894) sur la coupe et la peche des vraics’ which only applies to seaweed.

Background

Seaweed known locally as vraic has traditionally been removed from beaches and used as a soil conditioner. This still occurs but with the advent of chemical fertilizers not so much weed is used and only the detached weed cast up on to the beach is taken and it is no longer cropped from rocks.

Recently seaweed has become more sought after as gourmet food, additives to health care and particularly food for farmed shellfish notably ormers.

The term used in current legislation is ‘fish and shellfish’ which does not cover the full range of living aquatic organisms found in the sea. Species falling outside this definition include marine cold water coral ( know as maerl) jelly fish, worms and seaweed.

The UK Marine Act 2010 and current EU legislation have extended their regulatory control to include all aquatic resources.

Discussion

The existing law covering seaweed is obviously not fit for current purposes. However managing the cropping of seaweed around Jersey in a regulated way would allow certain businesses to flourish and would also allow proper and prudent management of the resource and would ensure that it was exploited in a sustainable way. The regulation would apply only to the activity of cutting living seaweed. It would not apply to the gathering of seaweed broken off from the substrate and cast up on the beach. Collection of seaweed from the strand line by farmers and the general public would be able to continue as it does at present.

Although the exploitation of other aquatic resources has not become a great issue yet in the Bailiwick of Jersey the use of certain marine organisms in other parts of the world has increased e.g. for advancement of medical science, pharmaceutical preparations, food and bait thus it is important to be able to regulate the full spectrum of aquatic resources before exploitation leads to over exploitation.

Recommendation

The Minister is recommended to agree to the drafting of a legislation to regulate the taking of aquatic resources from the marine environment.

Written by:	Head of Fisheries and Marine Resources

Approved by:	Director of Environment

Ministerial Decision ref: MD-E-2011-0018

02/02/11