DEPARTMENT OF THE ENVIRONMENT ON BEHALF OF
THE ECONOMIC DEVELOPMENT DEPARTMENT
Law Drafting Request: Ministerial Order for Ormer Exemption
Purpose of the Report
A request has been made to the Marine Resources Panel to allow the collection and return of ormer (Haliotis tuberculata) brood stock, for commercial purposes. Under Article 11 of the Sea Fisheries (Jersey) Law 1994, the Minister may, by Order, grant exemptions to the Law for mariculture. This report details the application and makes a recommendation of approval to seek law drafting time and provide instructions to Law Draftsman for such an order.
Background
Currently, the collection of ormer brood stock is only allowed for scientific purposes under strict scientific exemption, issued by the Department, on behalf of the Minister. Such exemptions allow the retention of ormers outside of the usual “permitted days” as defined by the Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998 and allows them to be gathered whilst SCUBA diving, usually prohibited under the Sea Fisheries (Underwater Fishing) Regulations 2003.
The Jersey Aquaculture Association made a request to the Marine Resources Panel to allow similar collection and return of ormer brood stock, but for commercial purposes. The intention is for industry members to breed captured ormers and then return them live to the sea. The resulting ormer offspring will then be reared for several years, and then sold-on for human consumption.
To allow such commercial exemptions from Sea Fisheries regulations, the Minister may, under Article 11 of the Sea Fisheries (Jersey) Law 1994, by Order, grant exemptions to the Law for mariculture
Discussion
The Ministerial Order will specify the exact framework of commercial exemptions for the collection of ormer brood stock. The exemptions will mirror that of the existing scientific exemption scheme. A location, date and time will have to be agreed in writing between an applicant and fisheries officers, so that officers may attend to inspect the total catch and condition of ormers. Officers will also attend for the return of ormers, to ensure they are returned alive and back to the original location of capture. Total maximum number of ormers to be extracted for any one permit will be 30 ormers.
Recommendation
The Minister is recommended to allow officers to seek law drafting time and provide instructions for a Ministerial Order. Officers are to request law drafting time, prepare drafting instructions and submit to Law Draftsman
Written by: | Marine Scientist (Marine Resources) |
Approved by: | Deputy Chief Executive Officer / Director of the Environment Department of the Environment |
Endorsed by: | Director, Environmental Management and Rural Economy Economic Development Department |
8 March 2013
Ministerial Decision Case Ref:MD-E-2013-xxx