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

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 October 2017:

Decision Reference: MD-PE-2017-0095
Decision Summary Title :	Approval to request law drafting for amendment to Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003			Date of Decision Summary:	03 October 2017
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 amendment to Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003			Date of Written Report:	03 October 2017
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 amendment to Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003
Decision(s): The Minister approved the law drafting request to amend Sea Fisheries (Licensing of Fishing Boats)(Jersey) Regulations 2003
Reason(s) for decision: An amendment to the Regulation is required to clarify the status of charter fishing vessels under this legislation and the need for a fishing vessel licence.
Resource Implications: There are no financial or manpower resource implications.
Action required: Law Draftsman requested to draft amendment to Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003
Signature: Deputy S Luce		Position: Minister for Environment
Date Signed:			Date of Decision:

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

DEPARTMENT OF THE ENVIRONMENT

Approval to request law drafting for an amendment to Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003

Purpose of the Report

For the Minister to request law drafting time to make an amendment to Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003

Background

Since the advent of fishing vessel licensing in Jersey it has been a requirement that all vessels are licensed to fish commercially. It has been the policy that this requirement included charter fishing vessels (i.e. those vessels that take paying passengers to sea to fish). Despite this position differing from the UK and Guernsey, it was accepted by the charter fishing vessels and approved of by the wider commercial fishing fleet. In light of recent enquiries it is deemed appropriate to draft an amendment the licensing regulations that clarify the situation and remove any ambiguity in respect of charter fishing vessels and the requirement for a fishing vessel licence.

Details

The Department has received a number of enquiries concerning the requirement for a charter angling vessel to have a fishing vessel licence. Enquiries have come from those seeking clarification as to the legal requirement for a licence as well as those seeking more general information relating to the activities of vessel owners offering charter angling opportunities. Following these enquiries a review of the current policy on charter angling was undertaken.

Since the inception of fishing vessel licensing in Jersey it has been the policy position that in order to operate a charter angling vessel, in addition to any requirements under the shipping legislation, a fishing vessel license was required. Whilst no documentary evidence has been found it is believed that this view was supported in general by the fishing industry including those involved in the charter angling business. These vessels applied for and, those qualifying, received a fishing vessel license.

This policy position was adopted in light of the definition of fishing vessel and the reference to fishing for profit. It was concluded that this “profit” would include payment from individual for fishing opportunities.

The current policy in the UK and in Guernsey is that a fishing vessel license is not required to operate a charter angling boat where the vessel is only used for carrying anglers who are fishing for pleasure and the catch is not sold.

However investigations instigated by the Registrar of Shipping concluded that, although the term “fishing for profit” is deemed to have a wide ambit, the issue of profit concerns the financial return derived from the sale of sea fish landed, rather than any other financial returns such as monies received from chartering a vessel for angling expeditions. This would therefore exclude charter fishing vessels from the requirement to obtain a fishing vessel licence if the fish is not sold.

After consultation with key stakeholders it has been agreed that, in the interest of stock management and compliance with other fisheries legislation that the agreed policy position is still the most appropriate and should require charter vessels to have a fishing vessel licence. This position is still supported by the fishing industry as it will help prevent the illegal sale of ‘black’ fish and reduce discarding dead fish that cannot be legally sold.

In order to remove this ambiguity an amendment is required to the Sea Fisheries (Licensing of Fishing Boats)(Jersey) Regulations.

Recommendation

The Minister is recommended to request law drafting time for amendment to the Sea Fisheries (Licensing of Fishing Boats)(Jersey) Regulations 2003

Written by:	Assistant Director – Marine Resources

Approved by:	Director Environmental Management and Rural Economy

Ministerial Decision Case Ref: MD-PE-2017-0095