Draft Sea Fisheries (Log Books and Landing Declarations) Regulations

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 to approve the draft Sea Fisheries (Log Book and Landing Declarations) (Jersey) Regulations 200-

Subject:	Draft Sea Fisheries (Log Books and Landing Declarations)(Jersey) Regulations 200-
Decision Reference:	MD-PE-2006-0002	Exempt clause(s):		n/a
Type of Report (oral or written):	Written	Person Giving Report (if oral):		n/a
T elephone or e-mail Meeting?	n/a	Report File ref:		6/1/31
Written Report – Title:	Draft Sea Fisheries (Log Books and Landing Declarations)(Jersey) Regulations 200-	Written report – Author:		Mike Smith (Senior Fisheries Inspector)
Decision(s): It is approved that the draft regulations are forwarded by the Crown Officers for Secretary of State approval and that the Head of Fisheries and Marine Resources sends a further copy to DEFRA.
Reason(s) for decision: The draft legislation will enable Jersey to fulfil its obligations under the UK/Jersey Fisheries Management Agreement (FMA) to introduce fisheries management measures that equate to those of the European Union. It will mean that Jersey Fishery Officers will be able to enforce the log book and landing declaration requirements on foreign vessels working in the Jersey territorial sea to the same extent that they are currently enforced on local vessels. In accordance with the FMA and Sea Fisheries (Jersey) Law 1994, Secretary of State approval is required before the legislation can be approved by the States Assembly. To speed this process up, a procedure has been established whereby a set of the draft regulations is normally sent at the same time to the officer at DEFRA having responsibility for Jersey/UK liaison on fisheries matters.
Action required: The Head of Fisheries and Marine Resources should contact the Crown Officers to arrange for onward transmission of the draft for Secretary of State approval. The Head of Fisheries and Marine Resources is authorised to send a further copy to DEFRA..
Signature: (Minister/ Assistant Minister)			Date of Decision: