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A decision made (02/04/2008) regarding: Marine Bill PEC - Vessels Worldwide.

Decision Reference: MD-E-2008-0061
Decision Summary Title :	Marine Bill PEC - vessels worldwide		Date of Decision Summary:	27 March 2008
Decision Summary Author:	Simon Bossy - Fisheries		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	UK Marine Bill – permissive extent clause – vessels worldwide		Date of Written Report:	27 March 2008
Written Report Author:	Simon Bossy - Fisheries		Written Report : Public or Exempt?	Public
Subject: UK Marine Bill – permissive extent clause – vessels worldwide.
Decision(s): The Minister decided to request that a permissive extent clause is included in the Marine Bill to enable its provisions concerning the control of fishing activities anywhere in the world to be extended to Jersey vessels.
Reason(s) for Decision: Proposal 7.133 of the Marine Bill White Paper would amend UK powers to control fishing activities of their nationals on non-UK boats outside EU waters Jersey is unable to fulfil this commitment outside of its own territorial waters and the Bay of Granville. A permissive extent clause would enable the relevant provisions of the Bill to be extended to Jersey vessels, should the States decide this is desirable in future.
Resource Implications: There are no resource implications arising directly from this proposal.
Action required: Crown Officers to make a request to the UK authorities through formal channels to include a permissive extent clause in the Marine Bill.
Signature: Senator Philip Ozouf		Position: Minister for Economic Developmentt
Date Signed:		Date of Decision (If different from Date Signed):

Marine Bill PEC - Vessels Worldwide.

ECONOMIC DEVELOPMENT

PERMISSIVE EXTENT IN THE UK MARINE BILL

Background

The Marine Bill consolidates several pieces of marine legislation and sets out the UK government’s vision for the marine environment – for clean, healthy, safe, productive and biologically diverse oceans and seas. It aims to put in place a better system for delivering sustainable development of the marine and coastal environment, addressing both the use, exploitation and protection of marine resources.

The current UK legislation does not cover Jersey registered vessels owned by a corporate body when fishing outside of the UK waters. This is recognised as a loop hole in jurisdiction and the UK are under pressure from the EU to close this anomaly in the proposed Marine Bill.

Details

Jersey officials have met with Defra personnel to discuss the situation and the issue has been discussed with the Attorney General. It was concluded that Jersey did not have the resources to enforce fishing control regulations on vessels when they are many hundreds of miles away from the Island and that, in this particular circumstance, the UK are better placed to do this.

Therefore in the eventuality of a Jersey registered corporately owned vessel breaking community fishing regulations control could be exercised by permitting the UK to extend the relevant parts of the Marine Bill to Jersey vessels.

However, Jersey will remain responsible for Jersey registered fishing vessels within Jersey’s territorial waters and in the waters encompassed by the Granville Bay Treaty.

Recommendation

It is recommended that a request should be forwarded to the UK government for a permissive extent clause to be included in the Marine Bill to enable control to be undertaken on Jersey vessels fishing on the high seas.

Written by:	Dr Simon Bossy – Head of Fisheries and Marine Resources

Approved by:	Chris Newton, Director of Environment Department

Attachments:

Extract from Marine Bill White Paper

27.03.08

File ref:6.4.14a

Ministerial Decision Case Ref:MD-E-2008-0061

L:\Environment Department\15 Ministerial Decisions\02 Economic Development\02 2008\WR MD-E-2008-0 Marine Bill PEC high seas.doc