Fishing Licences: Guernsey, Sark, and Alderney Waters: Financial Support: Jersey Fishermen

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 9 November 2012:

Decision Reference: MD-E-2012-0138
Decision Summary Title :	Financial support to Jersey fishermen applying for licences to fish in waters around Guernsey, Sark and Alderney		Date of Decision Summary:	5th November 2012
Decision Summary Author:	Performance and Operations manager		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 :	Financial support to Jersey fishermen applying for licences to fish in waters around Guernsey, Sark and Alderney		Date of Written Report:	5th November 2012
Written Report Author:	Marine Resources Section Leader		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Approval of financial support to Jersey fishermen applying for licences to fish in waters around Guernsey, Sark and Alderney.
Decision(s): The Minister approved the payment to Jersey fishermen applying for licenses to fish in waters around Guernsey, Sark and Alderney of the administration fee of £500 being charged by the Guernsey Commerce and Employment Department.
Reason(s) for Decision: The introduction of the £500 administration fee being charged by the Guernsey Commerce and Employment Department is likely to be deterring a significant number of fishermen from applying for licences to fish in the area. The subsequent loss of fishing opportunity may lead to a drop in their profitability. This financial support will support local fishing businesses to continue fishing in these waters. The Department is also supporting fishermen to provide any relevant fishing history information available from records held by the Marine Resources Section, and advising and assisting with the application process where such support is necessary.
Resource Implications: A maximum of £12,500 is allocated to this proposal, on the basis of the number of expected applications. This funding is allocated from within the existing Departmental budget. The administration of the funds will be undertaken within current manpower provisions.
Action required: The Marine Resources Section Leader is requested to take the necessary action to pay for the licence applications of Jersey fishermen; and ensure that in the instance where fees are refunded, these funds are repaid to the Department.
Signature: Senator AJH Maclean		Position: Economic Development Minister
Date Signed:		Date of Decision (If different from Date Signed):

Fishing Licences: Guernsey, Sark, and Alderney Waters: Financial Support: Jersey Fishermen

ECONOMIC DEVELOPMENT DEPARTMENT

MARINE RESOURCES

Approval of financial support to Jersey fishermen applying for licences to fish in waters around Guernsey, Sark and Alderney

Purpose of the Report

To approve the payment to Jersey fishermen applying for licenses to fish in waters around Guernsey, Sark and Alderney of the administration fee of £500 being charged by the Guernsey Commerce and Employment Department.

Background

Jersey fishermen have a long history of fishing in British Fishery Limits around Guernsey, Sark and Alderney; however those Islands have announced a licensing regime for that area that will apply from 1st February 2013. From then onwards, only licensed vessels will be able to fish commercially in the waters concerned.

Jersey fishermen have been invited to apply to the Commerce and Employment Sea Fisheries Section of Guernsey for the issue of such licences. In order to obtain a licence, fishermen have to complete a detailed application form and they are also being asked to provide records of their fishing activity in the area over a three year historic period and a number of other documents. The application is also subject to a fee of £500 to cover processing costs. Licences will be issued to boat owners in respect of named vessels, which must be registered as fishing vessels.

Discussion

In recognition of the challenge faced by some fishermen in preparing their applications and providing the requested details relating to their fishing history, an officer has been appointed to provide them with support and assistance. That officer is working closely with fishermen to provide any relevant fishing history information available from records held by the Marine Resources Section and to advise and assist with the application process where such support is necessary.

Whilst a small number of applications have already been made, the majority of applicants are concerned at the relatively high level of the application fee (the Jersey fee for first issue of a similar licence is £92). The £500 fee is likely to be deterring a significant number of fishermen from applying for licences to fish in the area and the subsequent loss of fishing opportunity may lead to a drop in their profitability.

Following consultation with the Jersey Fishermen’s Association, it is considered that the maximum number of applications likely to be made for the licenses by the owners of Jersey registered fishing vessels is in the order of twenty four. The total cost of funding would therefore be in the region of £12,000.

There may be a scenario whereby some licence fees may be refunded, for example, if the instance where Jersey fishermen are licensed under the 2003 legislation that meet particular criteria. Any licence fees that are refunded would be repaid to EDD.

Financial and Manpower Implications

A maximum of £12,500 is allocated to this proposal, on the basis of the number of expected applications. This is from within the current Departmental budget. The administration of the funds will be from within current manpower provisions.

Recommendation

The Minister is asked to agree to the funding of the £500 licence fee to Jersey fishermen as part of a support package in respect of their applications for licenses to fish in waters around Guernsey, Sark and Alderney.

Written by:	Marine Resources Section Leader
Approved by:	Chief Executive Officer