Sea Fisheries (Licensing of Fishing Boats) (Amendment No.4) (Jersey) Regulations 200-

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A decision made (10.03.09) to rescind MD-E-2009-0030 and to approve the Sea Fisheries (Licensing of Fishing Boats) (Amendment No.4) (Jersey) Regulations 200- for lodging.

Decision Reference: MD-2009-0041
Decision Summary Title :	Draft Sea Fisheries (Licensing of Fishing Boats)(Amendment No 4) (Jersey) Regulations 200-		Date of Decision Summary:	06/03/09
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 :	Draft Sea Fisheries (Licensing of Fishing Boats)(Amendment No 4) (Jersey) Regulations 200-		Date of Written Report:	06/03/09
Written Report Author:	Senior Fisheries Inspector		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Draft Sea Fisheries (Licensing of Fishing Boats)(Amendment No 4) (Jersey) Regulations 200- :approval for lodging and debate and rescindment of MD-E-2009-0030
Decision(s): The Minister, having rescinded MD-E-2009-0030, approved the draft Sea Fisheries (Licensing of Fishing Boats)(Amendment No 4) (Jersey) Regulations 200- and requested that they be lodged ‘au Greffe’ forthwith, and with a view to securing the earliest possible date for debate.
Reason(s) for Decision: On 12th November 2008, following the recommendations of the Joint Management Committee established under the terms of the Agreement concerning fishing in the Bay of Granville, Senator P Ozouf approved the drafting of these regulations to introduce a licensing scheme for pelagic trawlers operating to the south east of Jersey. The regulations are necessary to afford better protection to Jersey fishermen working pots in that area.
Resource Implications: There are no financial or manpower implications.
Action required: States Greffe to arrange for the draft regulations to be lodged for debate at the earliest opportunity. The legislation needs to be in place by 1st May 2009 at the latest.
Signature: Senator A Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Sea Fisheries (Licensing of Fishing Boats) (Amendment No.4) (Jersey) Regulations 200-

ECONOMIC DEVELOPMENT DEPARTMENT

Draft (Sea Fisheries)(Licensing of Fishing Boats)

(Amendment No 4)(Jersey) Regulations 200-

(Public)

Purpose of the Report

For the Minister to rescind MD-E-2009-0030 and to approve the draft (Sea Fisheries)(Licensing of Fishing Boats)(Amendment No 4)(Jersey) Regulations 200- for lodging.

Background

The Joint Advisory Committee (JAC) and the Joint Management Committee (JMC) established under the terms of the Agreement relating to fishing in the Bay of Granville met on 18 and 19 September 2008 respectively. Both Committees approved the introduction of a new measure to introduce a licensing scheme for pelagic trawlers operating to the south east of Jersey.

The Fisheries and Marine Resources Panel agreed the regulations on 5 November 2008.

On 12 November 2008 Senator P Ozouf authorised that drafting of the proposed regulations should commence.

In error MD-E-2009-0030 was signed by the Assistant Minister on 4 March 2009.

Discussion

At specific times of the year, French boats towing special trawls target Bream stocks off the south east corner of the Island. This type of trawling is called “pelagic” and includes pair trawling, where one or more nets are towed between two or more trawlers.

This form of activity is very damaging to shellfish pots and for many years Jersey and French fishermen have struggled to put in place a meaningful code of practice to prevent such damage. In 2008 a code of practice existed, but some trawlers ignored it, causing significant damage to Jersey owned pots.

Both French and Jersey fishermen have agreed that such behaviour is unacceptable and should be controlled. The JAC have recommended that in the most vulnerable area to the south east of the Island, such trawling should not be permitted unless under the authority of a licence. Conditions should be attached to the issue and use of such a licence. The JMC have endorsed this recommendation and will determine the details of any conditions at their next meeting in early April 2009.

Draft regulations have been prepared and ideally need to be in place by 01 May 2009, as the fishing activity commences during that month. As with other similar licences already in place, the French authorities will issue licences to French vessels and Jersey will issue licences to any local vessels.

The draft regulations also restrict the passage through the area of any vessel carrying pelagic trawls unless those trawls are secure and not ready for use.

Recommendation

The Minister rescinds MD-E-2009-0030 and approves the draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No 4)(Jersey)Regulations 200- and instructs the Greffe to lodge them for debate at the earliest opportunity.

Written by:	Senior Fisheries Inspector

Approved by:	Chris Newton, Director of Environment

Attachments:

Draft Sea Fisheries (Licensing of Fishing Boats) (Amendment No 4) (Jersey) Regulations 200-

Ministerial Decision ref: MD-E-2009 -0041

06/03/09