Jersey Oysters (FOI)

​Request 687707744

​1. What is the ratio of shellfish concessions been allocated to each oyster grower and how is this decision made?

2. How large is Jersey Oyster’s concession? In terms of size, and ratio of the local oyster industry?

3. What mechanisms are in place to migrate pollution on the Ramsar site that Jersey Oyster operates within? How much pollution exists? Is this regulated?

4. What process in place in France for oyster beds to be classified for pollution, and how does this compare for how Jersey Oyster are currently operating?

​Response

1

New entrants are granted a 2ha area that can be doubled at the point of license renewal once the initial site is fully utilised.

Areas allocated to shellfish concessions are reviewed when that concession area is renewed. 

Applicants wishing to extend their growing area need to be able to demonstrate good use of their current site both in terms of coverage and productivity. 

Applicants are also assessed based on the condition of their sites. There is not a specific rule relating to the ratio of the aquaculture area that can be used by any one business. 

2

Jersey Oyster concession is 57.72 hectares.

Area occupied by each concession as a percentage of the whole planning area and as a percentage of the total licenced area is shown in the table below:

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3

Information relating to shellfish monitoring in the Aquaculture area is exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 as the information is accessible on www.gov.je, which can be found using the link below:

Fish and shellfish farming

A FEPA licence is needed for any deposition in the inter tidal area. FEPA licences are paired with mandatory conditions. Please see FEPA licence conditions below which regulates and remediates risk of pollution.

• The licence applies only to the deposit of sediment and small pieces of shell. All other material, particularly intact and half shells of oysters, must be removed prior to deposit on the intertidal zone. 
• The licence holder will only deposit material one hour either side of low tide on spring tides at the low tide mark. 
• The licence holder shall include details of any operations in their waste management disposal record. 
• At the end of each calendar year the licence holder shall provide the Department of the Environment with the deposition location(s) and total tonnage deposited. This information is required for statutory departmental reporting including under the OSPAR Convention. 
• The licence holder shall ensure that no deposit shall be made on any area of intertidal zone that has the intertidal seagrass, Zostera noltii, present. 
• The licence holder is responsible for ensuring any contractors are fully aware of the conditions of licence and general responsibilities and liabilities under the Food and Environment Protection Act 1985 (Jersey) Order 1987. 
• The licence holder shall use the most appropriate number of vehicles to ensure the most efficient operation and minimise time on the beach. 
• The licence holder shall ensure minimum disturbance to wildlife, especially feeding seabirds. Any area occupied by five or more feeding seabirds must be avoided until those birds have, without disturbance, moved from that area. 
• Any pollution or potential pollution of the marine environment shall be immediately notified to Environmental Protection.

Aquaculture licences also have conditions attached to regulate the areas and mitigate pollution risk (only applicable conditions have been described), see below:

This authority is granted subject to the conditions and restrictions set out in the Sea Fisheries (Fisheries) (Jersey) Regulations, 2010 and to the following further conditions enabled by paragraph 2(1) and 4(1) of the Sea Fisheries (Jersey) Law:-

4

The Information requested is not held by the Government of Jersey, therefore, Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

Articles applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.​