Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 201-: Approval to request law drafting

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A decision made on 14 March 2019

Decision Reference: MD-PE-2019-0030

Decision Summary

Title :

Approval to request law drafting Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 201-

Date of Decision Summary:

11 March 2019

Decision Summary Author:

Marine Scientist

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:

Law drafting request Sea Fisheries (Minimum Size Limits (Jersey) Regulations 201-

Date of Written

Report:

11 March 2019

Written Report Author:

Marine Scientist

Written Report :

Public or Exempt?

(If Exempt State clauses from Code of Practice booklet)

Public

Subject:

Approval to request law drafting Sea Fisheries (Minimum Size Limits (Jersey) Regulations 201-

Decision(s):

The Assistant Minister approved the request for law drafting to amend the Sea Fisheries (Minimum Size Limits (Jersey) Regulations 201-

Reason(s) for decision:

Amendment is required to update management measures for the fishing of Chancre Crab in Jersey’s waters.

Resource Implications:

There are no financial or manpower resource implications.

Action required:

Principal Legislative Drafter requested to draft amendment to Sea Fisheries (Minimum Size Limits)(Jersey) Regulations 201-

Signature:

Deputy Gregory Guida

Position:

Assistant Minister for the Environment

Date Signed:

Date of Decision: (if different to Date Signed)

Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 201-: Approval to request law drafting

Growth, Housing and Environment

Law Drafting Instructions

Request for an amendment to Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001

Purpose of the Report

To request law drafting time for an amendment regarding the MLS of Chancre Crab to the Sea Fisheries (Minimum Size Limits)(Jersey) Regulations 201-

Background

The Chancre Crab (Cancer pagurus) has for many decades been a mainstay of Jersey’s commercial fisheries. In the past catches have risen and fallen with changes to the size and capacity of Jersey’s fishing fleet but a recent steep downward trend in landings cannot be explained by changes in local fishing dynamics or effort. Catches of Chancre Crab have been in decline since a 2012 when 507 tonnes were landed from Jersey waters by the local fleet. By 2018 landings had halved to 247 tonnes as depicted in the table below.

The decline is not restricted to local waters and has been seen in landings recorded by Guernsey, Normandy, Brittany and Cornish fisheries management organisations. A conclusion by the ICES WGCRAB group is that this is a phenomenon of the western English Channel as landings in other sea areas have remained stable. The cause of the decline in Chancre landings is not known but the Jersey fishing fleet is keen to preserve existing stocks and to ensure that only the best crab is landed. In October 2018 the issue was discussed by Jersey, Normandy and Brittany scientists and fishing representatives at the Crustacean Working Group which form part of the Bay of Granville Agreement. All parties agreed that action is needed and that local authorities should work with the industry to consider appropriate conservation measures.

Following research carried out by the Jersey Fishermen’s Association (JFA) it was suggested that the minimum landing size (MLS) for Chancre Crab should be moved from the current 140 mm to 150 mm, as measured across the back of the carapace. This was, at the request of the JFA, brought in immediately as a commercial licence condition along with a ban on the landing of soft shelled (newly moulted and therefore poor quality) crab and a reduction in the allowance for the landing of detached claws.

In February 2019 the JFA proposed several conservation measures, including changing the MLS to 150 mm, at a Joint Advisory Committee meeting within the Bay of Granville Agreement framework. Normandy and Breton fishermen requested a further consultation period but a meeting of the Joint Management Committee recommended that Jersey should immediately legislate to change the Chancre Crab MLS to 150 mm (carapace width) within Jersey Waters with the expectation that the measure would be extended to Normandy and Brittany waters in due course.

A legislative change is required so that all commercial and recreational fishing boats and low water fishers operating within Jersey’s territorial waters will be subject to the new minimum landing size. A change in MLS made through Jersey fishing licence conditions will apply only to Jersey commercial vessels and so to safeguard the whole stock it is necessary to change the MLS as stated in the regulations

Detailed instructions

It is requested that an amendment is made to the MLS Regulations that increases the Chancre Crab (Cancer pagurus) size from 140 mm to 150 mm.

Written by:	Marine Scientist

Approved by:	Director, Natural Environment

Ministerial Decision Case Ref: MD-PE-2019-0030