Sea Fisheries (Amendment) (Jersey) Regulations 200-. Further restrictions on the use of beach set nets.

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A decision made (20/12/2007) regarding: Sea Fisheries (Inshore Trawling, Netting & Dredging) (Amendment)(Jersey) Regulations 200-. Further restrictions on the use of beach set nets.

Decision Reference:	MD-E-2007-0230		Decision: Public or Exempt?	Public
Clauses if Decision Exempt: )	n/a		Date of Decision Summary:	12 December 2007
Decision Summary Author:	M Smith - Fisheries		Decision Summary Title:	Sea Fisheries (Inshore Trawling, Netting & Dredging)(Amendment)(Jersey) Regulations 2001
Type of Report: oral or written?	Written		Person giving oral report:	n/a
Telephone or e-mail meeting?	n/a		Written report title:	Sea Fisheries (Inshore Trawling, Netting & Dredging)(Amendment)(Jersey) Regulations 2001
Date of Written Report:	12 Dec 2007		Written Report Author:	M Smith - Fisheries
Subject: Sea Fisheries (Inshore Trawling, Netting & Dredging)(Amendment)(Jersey)Regulations 200_ – Further restrictions on the use of beach set nets.
Decision: The Minister agreed that law drafting instructions should be submitted to restrict to 96 hours the maximum amount of time that a beach set net may remain fixed in one location by inserting a new regulation in the Sea Fisheries (Inshore Trawling, Netting & Dredging) (Jersey) Regulations 2001. This regulation will only apply above the low water mark on the coast of the island of Jersey.
Reason(s) for decision: To better protect fish and shellfish stocks by minimising the occasions on which nets set from the shore continue to fish yet in practical terms are abandoned or cannot be worked.
Action Required: The Senior Fisheries Inspector to submit law drafting instructions.
Signature:		Senator Philip Ozouf Minister for Economic Development
Date of Decision:

Sea Fisheries (Amendment) (Jersey) Regulations 200-. Further restrictions on the use of beach set nets.

ECONOMIC DEVELOPMENT

SEA FISHERIES (INSHORE TRAWLING, NETTING & DREDGING)(AMENDMENT)(JERSEY) REGULATIONS 200_

Purpose of the Report

If approved, the proposed restrictions on the use of beach set nets will help to prevent the wastage of fish and shellfish currently being caught in nets which are not being worked but continue to fish. Public confidence in the States enforcing good environmental fishing practices would also improve.

Background

Fishermen have for many generations set nets on the Islands beaches, both as a source of income and as a leisure activity. Correctly set, a beach set net causes little danger to other beach users and minimal unnecessary impact on the marine environment.

Earlier this year such a beach set net was allowed to become “neaped”* at Belcroute Bay and the Fisheries and Marine Resources Panel considered whether legislation should be brought in to discourage fishermen from allowing nets to be “neaped”. It was decided that as this was possibly a one off situation, no action was necessary.

Since that Panel meeting, a net has again been “neaped” in similar circumstances and three other nets have been apparently abandoned; all of these nets have generated a significant number of complaints from the public. Having considered a number of options, the Panel recommend that a new regulation be introduced restricting to 96 hours the amount of time that a set net may remain in place.

*”neaped” in relation to a beach set net refers to a net which was set low down the beach during spring tides, but which has remained in place and can no longer be reached on foot due to the smaller tidal range of neap tides.

Discussion

Existing legislation relating to beach set nets is primarily aimed at ensuring that nets do not represent a danger to other beach users, the only environmental regulation being a restriction on the minimum mesh size.

The majority of complaints relating to nets come from either anglers or members of the general public who are concerned at the impact a net may have on fish stocks in the immediate vicinity. With growing media focus on environmental issues, it is likely that such complaints will increase rather than decrease.

Whilst a “neaped” or abandoned net is unlikely to have a major impact on fish stocks in the global sense, there can be no doubt that allowing such a net to continue to capture and kill fish and shellfish is not good environmental practice.

Current legislation does not place any restrictions on nets being “neaped” or abandoned and Fishery Officers are therefore unable to seize them unless some other breach of the regulations has occurred.

The Panel in reaching its recommendation concluded that a restriction of 96 hours would not interfere with individuals correctly working nets in the traditional manner, but would allow Fishery Officers to seize unmarked or abandoned nets more efficiently, in some cases before they become “neaped”. In the case of correctly marked nets, Fishery Officers would also be able to instruct the owners to remove them before they could become “neaped”. These actions should reduce the amount of fish caught by nets not being worked (“ghost fishing”).

The law drafting work required to introduce this extra regulation should be relatively minor and it is hoped that this can be accomplished within the existing law drafting programme.

Recommendation

To restrict to 96 hours the maximum amount of time that a beach set net may remain fixed in one location by inserting a new regulation in the Sea Fisheries (Inshore Trawling, Netting & Dredging) (Jersey) Regulations 2001. This regulation will only apply above the low water mark on the coast of the island of Jersey.

The Senior Fisheries Inspector to submit law drafting instructions.

Written by:	Mike Smith Senior Fisheries Inspector

Approved by:	Chris Newton Director of Environment

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