Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Sea Fisheries (Spider Crabs - Restrictions on Fishing) (Jersey) Order 2020: Amendment: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 20 August 2020

Decision Reference:  MD-PE-2020-0068

Decision Summary Title:

Law Drafting Instructions: Amendment to the Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order

Date of Decision Summary:

18 August 2020

Decision Summary Author:

Assistant Private Secretary

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Law Drafting Instructions: Sea Fisheries (Spider Crab – Restrictions on Fishing) (Jersey) Order 2020

Date of Written Report:

18 August 2020

Written Report Author:

Marine Scientist

Written Report:

Public or Exempt?

Public

Subject:

Law Drafting Instructions: Amendment to the Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order.

Decision(s):

The Minister requested legislative drafting to amend the Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order.

Reason(s) for Decision:

This order is required under the Sea Fisheries (Miscellaneous Provisions) (Amendment No.6)(Jersey) Regulations 2014 (R&O84/2014) to provide protection for spider crabs in local waters during the period immediately after they have moulted.

Resource Implications:

There are no manpower or financial implications arising from this decision.

Action required:

Principal Legislative Drafter will be required to draft an amendment to the Sea Fisheries (Spider Crabs – Restrictions on Fishing) (Jersey) Order.

Signature:

 

 

 

Deputy John Young

Position:

 

 

 

Minister for the Environment

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

 

 

Sea Fisheries (Spider Crabs - Restrictions on Fishing) (Jersey) Order 2020: Amendment: Law drafting instructions

 

Law Drafting Instructions: Sea Fisheries (Spider Crab – Restrictions on Fishing) (Jersey) Order 2020

 

Purpose of the Report

For the Minister to request law drafting time for the Sea Fisheries (Spider Crab – Restrictions on Fishing) (Jersey) Order 2020.
 

Background

The Joint Advisory Committee (JAC) and the Joint Management Committee (JMC) established under the terms of the Agreement relating to fishing in the Bay of Granville, met on 18 and 19 September 2008 respectively. Both Committees approved the introduction of a ban on the use of certain types of static fishing nets in an area in French and Jersey waters to the south of Jersey during the annual closed season for spider crabs.

In order to achieve this, an amendment to the Sea Fisheries (Miscellaneous Provisions) (Jersey) Regulations was approved by the States in 2014.

The Regulations do not of their own accord introduce any restrictions on fishing.  They do however, allow the Minister to introduce by Order limited restrictions on the taking of spider crab during a closed period (this was previously done by Ministerial Decision) and the use of nets during that period (this is a new provision to give effect to the Granville Bay Committees recommendations). The Order is required on an annual basis and now requires drafting.

 

Details
Each year in the early autumn when the spider crabs change shell, there is a ban on the catching of newly moulted spider crabs. The concept of this ban came about many years ago and was driven by fishermen recognising that supplying poor quality crabs damaged their marketplace reputation and had a detrimental effect on the stock. The dates for this ban are agreed at the June/July meetings of the Granville Bay Committees. Jersey only has a partial ban, as local fishermen catch spider crab in pots and this allows them to hand select those that have not moulted, returning the moulted crabs to the sea undamaged. The ban in France is total, as most French fishermen target spider crabs with tangle nets and it is almost impossible to remove a recently moulted spider crab from such a net without damaging it.

Over the years it has become apparent that during the closed season nets were being used or left in the sea in areas where they have a detrimental effect on the newly moulted spider crabs.  In some cases, nets were left in place for the entire duration of the ban, allowing their owners to lift them with a catch of spider crabs for the first day of the open season. This was considered unacceptable and the Order prevents such activity.
 

A standing agreement is in place that the closed season will run from 01 September to the 15 October inclusive unless otherwise agreed at the JAC and JMC. As no JAC or JMC meetings have taken place in 2020 the dates will remain as above.

 

Recommendation

The Minister is recommended to request law drafting time for the Sea Fisheries (Spider Crab – Restrictions on Fishing) (Jersey) Order 2020 as detailed in the appendix.

 

Page 1 of 2

 

Back to top
rating button