Approval to amend Sea Fisheries (Jersey) Law 1994

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A decision made to approve in principle an amendment to the Sea Fisheries (Jersey) Law 1994 and to seek Law Drafting time in 2007.

Subject:	Approval to amend Sea Fisheries (Jersey) Law 1994
Decision Reference:	MD-PE-2006-0008	Exempt clause(s):		n/a
Type of Report (oral or written):	written	Person Giving Report (if oral):
elephone or e-mail Meeting?	n/a	Report File ref:		6/1/1
Written Report – Title:	Amendment to the Sea Fisheries (Jersey) Law 1994	Written report – Author:		Greg Morel Sea Fisheries Officer R & D
Decision(s): Approve in principle an amendment to the Sea Fisheries (Jersey) Law 1994 and to seek Law Drafting time in 2007
Reason(s) for decision: The continued development of some parts of the fish farming industry is currently constrained by legal restrictions and an amendment to the Law would assist further growth in this sector. Article 11 (Exemptions for mariculture) of the Sea Fisheries (Jersey) Law 1994 contains certain exemptions for mariculture. The Articles within the Law under which an exemption can be granted are Article 3 (Use of boat), 4 (Offences), 5 (Mesh of nets), 6 (Size limits for sea fish) or 7 (Power to restrict sea fishing). Inclusion of other Articles (namely Article 2) in Article 11 would allow for sector growth under Ministerial exemption and any other conditions stipulated. Article 2 (General powers to regulate sea fisheries) is used to make some regulations (e.g. Miscellaneous Provisions).
Action required: Director of Environment to submit a request to the 2007 Law Drafting programme to amend the Sea Fisheries (Jersey) Law 1994.
Signature: (Minister/ Assistant Minister)			Date of Decision:

Approval to amend Sea Fisheries (Jersey) Law 1994

PLANNING AND ENVIRONMENT

AMENDMENT TO SEA FISHERIES (JERSEY) LAW 1994

Purpose of the Report

To request Law Drafting time in 2007 to allow further exemptions to be granted under the Sea Fisheries (Jersey) Law 1994 for the purposes of mariculture.

Background

The fish farming sector of the fishing industry represents a significant proportion of that industry with a turnover in excess of £1 million per annum and is well placed to continue to develop in the future. The continued development of some parts of the fish farming industry is currently constrained by legal restrictions and an amendment to the Law would assist further growth in this sector.

Discussion

Article 11 (Exemptions for mariculture) of the Sea Fisheries (Jersey) Law 1994 contains certain exemptions for mariculture whereby a person shall not be guilty of an offence under the Law if the action is done for reasons of mariculture under an exemption granted by the Minister. The Articles for which exemptions can be made are Article 3 (Use of boat), 4 (Offences), 5 (Mesh of nets), 6 (Size limits for sea fish) or 7 (Power to restrict sea fishing). Inclusion of other Articles (namely Article 2) in Article 11 would allow for sector growth under Ministerial exemption and any other conditions stipulated. Article 2 (General powers to regulate sea fisheries) is used to make some regulations (e.g. Miscellaneous Provisions).

An example of the current difficulties concerns the farming of ormers (Haliotis tuberculata). The possession of ormers is controlled under the Sea Fisheries (Miscellaneous Provisions)(Jersey) Regulations1998 which is made under Article 2 of the Law. Under this regulation persons may not fish for or retain fresh ormers in their possession other than on a permitted day. Article 11 does not have an exemption for Article 2 under which the regulation is made and therefore exemption cannot be granted, making the farming of this species impossible. The Minister may grant exemptions under this regulation for the purposes of scientific investigation and farmers are currently using this exemption to investigate the potential of ormer farming. However, when the farmers move into the production phase this exemption would not be applicable. A change in the Article ‘Exemptions for mariculture in the Sea Fisheries (Jersey) Law 1994 to include Article 2 as an exemption would enable the Minister to grant exemptions allowing the development of this sector of the fish farming. Officers believe that the amendment required would be very quick and easy for the draftsman being solely the addition of the digit two (2) to Article 11(5).

Conclusion

The addition of Article 2 to the list of Articles for which exemptions can be granted in Article 11 would allow the commercial farming of ormers to occur legally.

Recommendation

It is recommended that Law Drafting time be requested.

Written by:	Greg Morel, Sea Fisheries Officer R & D

Approved by:	Chris Newton, Director of Environment

Endorsed by:

Decision Summary reference: MD-PE-2006-0008

24 January 2006