EU Fisheries Control Regulations: Law Drafting Instructions

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A decision made on 8 April 2011:

Decision Reference: MD-E-2011-0049
Decision Summary Title :	Law drafting instructions to implement EU Fisheries Control Regulations		Date of Decision Summary:
Decision Summary Author:	Senior Fisheries Inspector		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 :	Law drafting to implement EU Fisheries Control Regulations.		Date of Written Report:	23 March 2011
Written Report Author:	Senior Fisheries Inspector		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: EU Fisheries Control Regulations – law drafting instructions
Decision(s): The Minister agreed that local fisheries regulations should be amended to reflect the relevant aspects of European Council Regulation (EC) No. 1224/2009 and associated regulations and requested that the Law Draftsman prepare the necessary draft legislation on the basis of a brief to be provided by the Department.
Reason(s) for Decision: Under the terms of the Jersey/UK Fisheries Management Agreement (FMA) Jersey is obliged to keep the rules and law relating to the regulation of fishing and the management and conservation of sea fish in the territorial sea consistent with the requirements of the European Community.
Resource Implications: There are no financial or manpower implications.
Action required: The Senior Fisheries Inspector to submit law drafting instructions to the Law Draftsmen.
Signature: Senator Alan Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

EU Fisheries Control Regulations: Law Drafting Instructions

ECONOMIC DEVELOPMENT DEPARTMENT

Law drafting to implement EU Fisheries Control Regulations

Purpose of the Report

For the Minister to approve law drafting work to commence to implement the relevant parts of the European Union (EU) fisheries control regulations and their associated detailed implementation instructions.

Background

Under the terms of the Jersey/UK Fisheries Management Agreement (FMA) Jersey is obliged to keep the rules and law relating to the regulation of fishing and the management and conservation of sea fish in the territorial sea consistent with the requirements of the European Community.

In order to properly manage fishing effort and activity, in 1993 the EU introduced a set of regulations known as the Control Regulations. These regulations covered a range of measures relating to the administrative part of fisheries management including the requirement for vessel masters to maintain log books, electronic tracking of fishing vessels, the details required in fishing licences and similar related matters. Jersey introduced these measures, where applicable, in local fisheries regulations over a period of years.

In November 2009 the EU introduced a replacement set of Control Regulations (Council Regulation (EC) No 1224/2009) and these became active throughout the EU on 1st January 2010. In March 2011 the EU implemented a further regulation providing more specific implementation instructions.

The Island needs to introduce those elements of the two new EU Regulations that are required by the terms of the FMA.

Discussion

Time to draft this legislation has been included in the 2011 law drafting programme.

Consideration has been given to a number of different methods of introducing EU fisheries regulations into local legislation, however following an informed discussion it is believed that the most appropriate method is by modifying a number of existing local fisheries regulations.

The EU legislation is complex and in places cross referenced to a number of other EU regulations. In total it amounts to 251 pages of legislation, but much of this is not relevant to the local situation and does not need to be introduced. Measures that do need to be included in local regulations include those relating to the electronic monitoring of fishing vessels, the use of electronic logbooks, the provision of catch details and the marking of fishing equipment.

The revised regulations will have most impact on a small number of locally based, larger fishing vessels, however such vessels will need to comply with the new EU regulations whenever they leave Island waters, whether or not the Island introduces the measures.

The new regulations do represent best practice and are now in place throughout the EU. They will allow better control and monitoring of fishing effort at a local level and help ensure that the Island plays its part in the management of fish stocks at an international level.

Recommendation

It is recommended that the Minister approves law drafting work to commence to introduce into local legislation those elements of Council Regulation (EC) No 1224/2009 and associated regulations that are required by the FMA.

Written by:	Senior Fisheries Inspector

Approved by:	Director for Environment

Ministerial Decision ref: MD-E-2011-0049