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A decision made 14 July 2011 regarding:

Decision Reference: MD-E-2011-0105
Decision Summary Title :	Amendment to Delegation of Fisheries Functions		Date of Decision Summary:	21 June 2011
Decision Summary Author:	Marine Resources Section Leader		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 :	Amendment to Delegation of Fisheries Functions		Date of Written Report:	21 June 2011
Written Report Author:	Marine Resources Section Leader		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendment to the delegation of functions by the Minister in respect of Fisheries regulatory work.
Decision(s): The Minister under Article 28 of the States Law 2005 approved the delegation of his powers for the fisheries legislation shown in the attached report.
Reason(s) for Decision: To ensure the effective discharge of the Minister’s responsibilities concerning the regulation of sea fishing, mariculture and the licensing of fishing boats.
Resource Implications: There are no manpower or financial resource implications.
Action required: Marine Resources Section Leader to inform the Greffier.
Signature: Senator AJH Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Sea Fisheries - various laws relating to: Delegation of Powers

ECONOMIC DEVELOPMENT DEPARTMENT

Amendment to Delegation of Fisheries Functions

Purpose of the Report

For the Minister to approve a revised set of Delegated Powers relating to fisheries that reflect the recent restructuring within the Department of the Environment and deliver improved customer service.

Background

Article 28 of the States of Jersey Law 2005 enables a Minister to delegate functions:-

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

Definition –

“officer” means a person employed under the Civil Service Administration (Jersey) Law 1948 whose duties are wholly or mainly administrative, professional, technical or clerical and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993.

In December 2010, the Minister approved a revised set of delegated functions in relation to all aspects of the regulation of his Economic Development portfolio. These delegations were contained in a schedule attached to the accompanying report to MD-E-2010-0188.

In March 2011, the Head of Fisheries and Marine Resources took Voluntary Redundancy and the loss of this post has necessitated a degree of restructuring within the Department of the Environment. As a result of this restructuring, it has been necessary to amend that part of the schedule which relates to Fisheries.

Discussion

The post of Head of Fisheries and Marine Resources had a range of functions delegated to it, as indicated in the report accompanying MD-E-2010-0188. The majority of these functions were also delegated to the Director of the Environment, however to allow the administration to continue functioning efficiently in the absence of the Director of the Environment, it has been necessary to delegate these functions to alternative officers. The Director of Environmental Management and Rural Economy and the Director for Environmental Protection will now have the same functions delegated to them as the Director of the Environment.

Additionally, the ability to issue routine fishing vessel licences and scallop diving permits has been delegated to the Marine Resources Section Leader. This will maintain the integrity of the licence issue process but permit an enhanced service delivery.

The revised delegated functions have been included in a Schedule intended to replace the Fisheries part (section 4, pages 6 and 7) of the schedule approved in MD-E-2010-0188.

Recommendation

The Minister is recommended to approve the delegated functions listed in the attached schedule.

Written by:	Marine Resources Section Leader

Approved by:	Director for Environment

Ministerial Decision ref: MD-E-2011-0105

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Schedule to accompany MD-E-2011-

Delegation of Functions - Fisheries

FISHERIES

Sea Fisheries (Jersey) Law 1994

To approve applications for exemptions for scientific purposes or the transplanting of fish (Article 5)
To approve conditions to be included in licences (Article 12)
To decide what information is required to be provided by licence/permit holders (Article 12)
Where a licence is suspended or revoked, to decide whether to authorise repayment of the licence fee (Article 13)

Connetable Len Norman

Assistant Minister

Chief Executive Officer

Director of Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations 1998 as amended

To decide on applications for exemption from restrictions on Ormers where the applicant wishes to conduct scientific work or transplanting (Regulation 4).

To decide on applications for exemption from need for pot tags where the applicant wishes to conduct scientific work (Regulation 8).

To issue and revoke permits to masters, owners and charterers of fishing boats exempting them from the need for pot tags and to set conditions and time limits for such permits (Regulation 8).

To approve type of pot tag and lost pot tag (Regulation 8).

To set directions for the issue of pot tags and lost pot tags and to determine the year or years for which pot tags and lost pot tags are valid (Regulation 8).
To issue pot tags (Regulation 8).

To issue lost pot tags (Regulation 8).

Connetable Len Norman

Assistant Minister

Chief Executive Officer

Director Of Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

Assistant Minister

Chief Executive Officer

Director Of Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

Director Of Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

Marine Resources Section Leader

Fisheries Officer (Licensing)

Marine Resources Section Leader

Fisheries Officer (Licensing)

Assistant Minister

Chief Executive Officer

Director Of Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

Director Of Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

Marine Resources Section Leader

Fisheries Officer (Licensing)

Marine Resources Section Leader

Fishery officers

Sea Fisheries (Inshore Trawling, netting and dredging)(Jersey) Regulations 2001

To approve exemptions for beach set nets to be set in areas where they would otherwise be prohibited

Assistant Minister

Chief Executive Officer

Director Of Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

Sea Fisheries (Licensing of Fishing boats)(Jersey) Regulations (2003)

To authorise the issue of licences and permits (Part 2)

Connetable Len Norman

Assistant Minister

Chief Executive Officer

Director of the Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

Marine Resources Section Leader

Sea Fisheries (Underwater Fishing ) (Jersey ) Regulations 2003

To authorise certain scientific or transplanting activities (Article 2).
To authorise the issuing of permits, fishing periods, and the provision of statistics (Regulation 3)

Connetable Len Norman

Assistant Minister

Chief Executive Officer

Director of the Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

Assistant Minister

Chief Executive Officer

Director of the Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

Marine Resources Section Leader

Sea Fisheries (Fisheries ) (Jersey ) Regulations 2010

To authorise the renewal of licences to farm fish or shellfish that are unchanged from the original licence

Connetable Len Norman

Assistant Minister

Chief Executive Officer

Director of the Environment

Director of Environmental Management and Rural Economy Director for Environmental Protection

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