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Draft Sea Fisheries (Log Books and Landing Declarations) Regulations

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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

Telephone 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:

 

     

 

 

 

 

 

Hide report
Draft Sea Fisheries (Log Books and Landing Declarations) Regulations

PLANNING AND ENVIRONMENT

 

DRAFT SEA FISHERIES (LOG BOOKS AND LANDING DECLARATIONS)(JERSEY) REGULATIONS 200-

 

A item

 

Purpose of the Report

 

To approve the draft legislation and authorise that it be transmitted to the UK for scrutiny at both official and technical officer level.

 

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.

 

Background

 

The Common Fisheries Policy is based on fisheries management measures that depend on the gathering of statistics relating to the amount of fishing effort and fish taken/landed.  To facilitate this, legislation was introduced throughout the EU during 1993 that requires masters of certain fishing vessels to complete standard log books and landing declarations. In signing the FMA in 1996 Jersey agreed to introduce these measures locally.

 

The Agriculture and Fisheries Committee introduced the Sea Fisheries (Log Books and Landing Declarations) Regulation in 2001, but this only dealt with the basic requirement for the completion of log books and landing declarations.  Because it was anticipated that changes would be made to the European Log Books the detailed instructions for completion of log books and landing declarations were applied on locally licensed vessels (but not foreign or other British vessels) by way of a condition attached to their fishing licence.  A law drafting slot was reserved for more detailed regulations and this was endorsed by the Economic Development Committee.

 

Early in 2005 Jersey was advised by the UK fisheries authority (DEFRA) that the predicted changes to the European Log Books were unlikely to occur for the foreseeable future and law drafting therefore commenced.

 

In view of the complex nature of the regulations, the law draftsman recommended the replacement of the existing regulation with the new draft, which is now complete.

Discussion

 

The introduction of this legislation should have no impact on the fishing industry as local boats are already obliged to comply by licence condition and other vessels by their flag state legislation.  It will however 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.

 

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.

 

Recommendation

 

It is recommended that the draft regulations are approved for onward transmission by the Crown Officers for Secretary of State approval and that the Head of Fisheries and Marine Resources is authorised to send a further copy to DEFRA.

 

 

Written by:

Mike Smith (Senior Fisheries Inspector)

 

 

Approved by: 

Chris Newton, Director of Environment Department

 

 

Endorsed by:

 

 

 

 

Attachments:

Draft Sea Fisheries (Log Books and Landing Declarations)(Jersey) Regulations 200-

 

                       

 

14th December 2005

File ref: ED\15\02

Ministerial Decision Case ref:

 

 

 

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