Government of Jersey

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A decision made 19 May 2010 regarding: Sea Fisheries (Jersey) Law 1994 - Skate and ray licence condition to prohibit fishing.

Decision Reference: MD-E-2010-033
Decision Summary Title :	Licence condition to stop fishing for certain species of skate and ray		Date of Decision Summary:	16/02/10
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 :	Licence condition to stop fishing for certain species of skate and ray		Date of Written Report:	16/02/10
Written Report Author:	Senior Fisheries Inspector		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Ministerial approval of the introduction of a licence condition to prohibit the fishing for, retention or possession onboard, transhipment and landing of Undulate Ray (Raja undulata) and Common Skate (Dipturus batis) with effect from 00.01 hours on 1 June 2010.
Decision(s): The Minister, acting in accordance with the UK / Jersey Fisheries Management Agreement and with Article 25 (2) (h) of the Sea Fisheries (Jersey) Law 1994, as amended, approved the introduction of a licence condition making it illegal to fish for, retain or possess onboard, tranship and land Undulate Ray (Raja undulata) and Common Skate (Dipturus batis) with effect from 00.01 hours on 1 June 2010
Reason(s) for Decision: To bring Jersey in line with UK and European legislation governing this species.
Resource Implications: No manpower or financial resource implications.
Action required: The Senior Fisheries Inspector will draft a licence condition for fishing boat licences to cover this prohibition.
Signature: Senator Alan Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Sea Fisheries (Jersey) Law 1994 - Skate and ray licence condition to prohibit fishing

ECONOMIC DEVELOPMENT

Licence condition to stop fishing for certain species of skate and ray

Purpose of the Report

The Minister for Economic Development is asked to approve the introduction of a licence condition to prohibit the fishing for, retention or possession onboard, transhipment and landing of Undulate Ray (Raja undulata) and Common Skate (Dipturus batis).

Background

In 1997 the Territorial Waters around Jersey were extended from 3 to 12 nautical miles. The marine area under Jersey control now extends to some 750 square nautical miles and Jersey is able to take full control of management and enforcement of marine regulations including fisheries throughout that area. The extension of Territorial Waters however was done under various conditions and those regarding fisheries are set out in a Jersey/UK Fisheries Management Agreement (FMA). Essentially this binds Jersey to bring in Jersey Fisheries conservation regulations in similar form to EU Fisheries regulations.

In January 2009, the EU brought in a ban on the commercial exploitation of a number of species including Undulate Ray and Common Skate. Whilst Common Skate has no commercial significance to local fishermen, Undulate Ray does form an important part of their catch. Undulate Ray is also very important to neighbouring French fishermen and they (with support from Jersey) made a formal request to the EU to overturn the decision. Whilst the UK, Guernsey and France brought in the ban, Jersey fishermen were allowed to continue to retain the species until such time as the outcome of the French request was known.

France has as yet been unsuccessful in overturning the decision and it is understood that their authorities have commenced prosecuting fishermen found to be landing Undulate Ray in Granville. Jersey is now alone in not enforcing the ban and the Island’s fishermen are unable to land Undulate Ray into France, Guernsey or the UK.

Discussion/Details

When the EU first introduced the ban, Jersey was not provided with any scientific evidence to support it; this lack of supporting evidence and the French request for reconsideration were all taken into consideration in the decision to delay the introduction of any local ban.

The situation has now moved on and other neighbouring jurisdictions are enforcing the ban. The French request does not appear to have had any effect and it is now known that at least one internationally renowned conservation body is recommending that these species are afforded a high level of protection.

A paper explaining the situation was presented to the Fisheries and Marine Resources Panel on 3 February 2010. The Jersey Fishermen’s Association have expressed concern at the impact a ban on Undulate Rays would have on some of its members and on how any such ban may impact on diversification of the industry in the future.

It is recognised that a ban on Undulate Rays will impact on the income of a number of fishermen and in a small number of cases this impact will be significant.

Under the terms of the FMA, Jersey is obliged to introduce the ban on both species for commercial fishing vessels.

Regulation 2(1) of the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003 requires that fishing by a British fishing boat in the territorial sea is prohibited unless authorized by a fishing boat licence granted by the Minister. The Minister has imposed conditions relating to fishing and landing activity on each fishing licence in accordance with Articles 12(7) and 25 (2) of the Sea Fisheries (Jersey) Law 1994. Article 25 (2) (h) allows the Minister to impose further conditions on a fishing licence. The Minister is therefore able to introduce a further licence condition applicable to all fishing licences which would make it illegal for Jersey licensed fishing vessels to fish for, retain or possess onboard, tranship and land Undulate Ray (Raja undulata) and Common Skate (Dipturus batis).

Any breach of fishing licence conditions can lead on conviction to a maximum penalty of £20,000 for a first conviction and £40,000 for second or subsequent convictions. The Court convicting may also disqualify the owner of the vessel from holding a fishing licence for a specified period and can order the forfeiture of any fish in respect of which the offence was committed and of any net or fishing gear used in committing the offence.

Recommendations

The Minister is recommended to approve the introduction of a licence condition to make it illegal for Jersey licensed fishing vessels to fish for, retain or possess onboard, tranship and land undulate ray (Raja undulata) and common skate (Dipturus batis).

Written by:	Mike Smith – Senior Fisheries Inspector

Approved by:	Andy Scate – CEO Planning and Environment