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A decision made (14/08/2006) regarding Additional conditions to be applied to scallop diving permits.

Subject:	Additional conditions to be applied to scallop diving permits
Decision Reference:	MD-PE-2006-0109		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:	6.6.17
Written report – Title	Amendment to conditions to be applied to scallop diving permits
Written report – Author (name and job title)	Greg Morel – Fisheries Research & Development
Decision(s): To agree for the following additional conditions to be placed on scallop diving permits Restriction on scallop diving in concession areas. 1) No permit holder, with any breathing apparatus, or wearing a face visor, mask or goggles, shall be in possession of any scallops (Pectin maximus) while in a defined concession area established under the authority of a licence issued in accordance with the Sea Fisheries (Establishment and Regulation of Fisheries)(Jersey) Regulations 1998. In this condition “breathing apparatus” has the same meaning as that stated in the Sea Fisheries (Underwater Fishing)(Jersey) Regulations 2003 namely “any apparatus used to enable or facilitate respiration under water.” 2) A permit holder must not use a dive support vessel that has scallops (Pectin maximus) on board that vessel, wherever it may be, when the permit holder is diving in or has dived in during that dive, the concession area with breathing apparatus.
Reason(s) for decision: To afford the maximum protection for the scallop farmers whilst not hampering the legitimate use of the areas by the general public.
Action required: For Department officers to re-issue current scallop diving permits to include this additional condition.
Signature: (Minister/ Assistant Minister)		Date of Decision: 14 August 2006

Scallop Diving Permits - Additional Conditions.

PLANNING AND ENVIRONMENT DEPARTMENT

Environment Division

AMENDMENT TO CONDITIONS ATTACHED TO SCALLOP DIVING PERMITS

Public

Purpose of the Report

The Minister is responsible for the issue of scallop diving permits and the conditions attached to these permits under the Sea Fisheries (Underwater Fishing) (Jersey) Regulations 2003.

Background

The above regulation allows for the issue of scallop permits to members of the public who apply on an annual basis. Two types of permit exist namely recreational and commercial. For 2006 approximately 45 commercial and 230 recreational permits were granted. Conditions are attached to these permits, differing depending on whether it is a recreational or commercial permit. Examples of these conditions include duration of the permit, areas of the sea to which the permit applies and number of scallops that can be taken within a period (Conditions attached).

Discussion

Three scallop farm concessions now exist and the holders of these concessions have invested considerable amounts to seed the concession areas with juvenile scallops. Complaints have been received by Fisheries and the police concerning the possible removal of and malicious damage to juvenile stocks in the concessions. These complaints are currently the subject of a police enquiry. The Fisheries and Marine Resources Panel considered the issue at the Panel meeting of the 19th July 2006. The Panel wanted to afford the maximum protection for the scallop farmers whilst not hampering the legitimate use of the areas by the general public. In light of this, the Panel agreed to recommend to the Minister the following be added to the scallop permit conditions:-

Restriction on scallop diving in concession areas.

1) No permit holder, with any breathing apparatus, or wearing a face visor, mask or goggles, shall be in possession of any scallops (Pectin maximus) while in a defined concession area established under the authority of a licence issued in accordance with the Sea Fisheries (Establishment and Regulation of Fisheries)(Jersey) Regulations 1998.

In this condition “breathing apparatus” has the same meaning as that stated in the Sea Fisheries (Underwater Fishing)(Jersey) Regulations 2003 namely “any apparatus used to enable or facilitate respiration under water.”

2) A permit holder must not use a dive support vessel that has scallops (Pectin maximus) on board that vessel, wherever it may be, when the permit holder is diving in or has dived in during that dive, the concession area with breathing apparatus.

Recommendation

The Minister is asked to endorse the view of the Fisheries and Marine Resources Panel and approve the amendment to the scallop diving permit conditions.

Written by:	Greg Morel – Fisheries R & D

Approved by:	Chris Newton, Director of Environment Department

Endorsed by:

Attachments:

Existing scallop diving permit conditions

07/08/06

File ref:6.6.17

Ministerial Decision Case Ref: MD-PE-2006-0109

Scallop Diving Permit

Terms and Conditions

1. RECREATIONAL PERMIT:

(a) This permit is valid only within the territorial waters of the Island of Jersey except as otherwise specified or except in relation to the areas described in the permit. This permit must be carried at all times whilst undertaking diving operations for scallops.

(b) The permit holder is authorised only to dive for and collect a maximum of 24 scallops in any day and they may not be traded or sold for gain or profit.

(c) The permit holder shall record the number and location of dives conducted and number of scallops caught each month. This information is to cover the period from 1st January 2006 to the 31st December 2006 and is to be forwarded to the Fisheries Office as an annual return at the end of your diving season and not later than 15th January 2007.

(d) On changing address or telephone number, the permit holder must forward the new details to the Fisheries Office within 7 days.

(e) The permit holder shall at all times comply with the Shellfish (Underwater Fishing) (Jersey) Regulations 2003 and the Sea Fisheries (Jersey) Law 1994 and any Regulations made thereunder. In particular, your attention is drawn to the following:

(1) The minimum legal size for a Scallop is 102mm as measured across the broadest part of the shell and all scallops must be retained on board a vessel whole.

(2) It is prohibited to dive for all other shellfish with the exception of crabs.

2. COMMERCIAL PERMIT:

a) This permit is valid only within the territorial waters of the Island of Jersey except as otherwise specified or except in relation to the areas described in the permit. This permit must be carried at all times whilst undertaking diving operations for scallops.

(b) The permit holder is authorised only to dive for and collect scallops which may be traded or sold for gain or profit.

(c) All diving operations for scallops must be conducted from a licenced and registered fishing vessel (i.e. a Jersey licenced J registered vessel for local boats).

(d) The permit holder shall record the number and location of dives conducted and number of scallops caught each month. This information is to cover the period from 1st January 2006 to the 31st December 2006 and is to be forwarded to the Fisheries Office as an annual return at the end of your diving season and not later than 15th January 2007.

(e) On changing address or telephone number, the permit holder must forward the new details to the Fisheries Office within 7 days.

(f) The permit holder shall at all times comply with the Shellfish (Underwater Fishing) (Jersey) Regulations 2003 and the Sea Fisheries (Jersey) Law 1994 and any Regulations made thereunder. In particular, your attention is drawn to the following:

(1) The minimum legal size for a Scallop is 102mm as measured across the broadest part of the shell and all scallops must be retained on board a vessel whole.

(2) It is prohibited to dive for all other shellfish with the exception of crabs.

(g) The permit holder, if non-resident in Jersey, shall at all times comply with any current landing restrictions enforced by their flag state.

PLEASE NOTE:

Failure to comply with these conditions may result in the

Minister revoking or suspending your permit.

Diving for scallops without a permit or otherwise than in compliance

with the conditions in the permit is an offence. Maximum fine £2,000,

plus forfeiture of instruments and catch.