Aquatic Resources (Jersey) Law 201-: Lodged 'au Greffe'

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A decision made 19 September 2013:

Decision Reference: MD-E-2013-0043
Decision Summary Title :	Aquatic Resources (Jersey) Law 201-		Date of Decision Summary:
Decision Summary Author:	Marine and Coastal Manager		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 :	Aquatic Resources (Jersey) Law 201-		Date of Written Report:	07 March 2013
Written Report Author:	Marine and Coastal Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Draft Aquatic Resources (Jersey) Law 201-
Decision(s): The Minister approved the draft Aquatic Resources (Jersey) Law 201- and requested that it be lodged “au Greffe”.
Reason(s) for Decision: This Legislation will allow for the gathering, harvesting and cropping of marine aquatic resources (e.g. algae, bait species, and cold water coral) under licence. These are currently not covered by any management legislation. This may aid the development of industry including the fish farm industry with an interest in utilising these resources while providing a framework to ensure sustainable exploitation.
Resource Implications: There are no financial or manpower implications.
Action required: The Greffier of the States is requested to arrange for the draft Aquatic Resources (Jersey) Law 201- to be lodged ‘au Greffe’ for debate as soon as possible.
Signature: Senator Alan Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Aquatic Resources (Jersey) Law 201-: Lodged 'au Greffe'…

ECONOMIC DEVELOPMENT DEPARTMENT

Aquatic Resources (Jersey) Law 201-

Purpose of the Report

For the Minister to approve for lodging the draft Aquatic Resources (Jersey) Law 201- (Draft 6 – 14 Feb 2013)

Background

Currently, the Sea Fisheries (Jersey) Law 1994 is the primary legislative tool for the management of exploited marine resources. However, the definition used in this legislation to define its applicability is ‘fish and shellfish’ which does not cover the full range of living aquatic organisms found in the sea. Species falling outside this definition include seaweed, marine cold water coral (know as maerl) jelly fish and worms. This was viewed as a significant gap in the legislation for the management of the Island’s marine resources.

On 2 February 2011, the Minister instructed that drafting should commence to amend the Sea Fisheries (Jersey) Law 1994, to allow this managed exploitation of those species or groups of species that fell outside of the definition in the Law. However in subsequent discussions with the Law Draftsman, it was decided that the most appropriate solution was to create a new Law rather than modify an existing one.

The draft Aquatic Resources (Jersey) Law 201- will provide the framework to ensure the sustainable and managed exploitation of these aquatic resources under licence.

Discussion

There is currently no appropriate legal mechanism for controlling the utilisation of marine aquatic resources, other than those currently set out in the Sea Fisheries Law.

The exploitation of the algal resources is currently legislated for by the law “Loi (1894) sur la coupe et la peche des vraics” The Law is in French, very outmoded, and was written to control the exploitation for the purpose of agriculture. The Law’s continued presence on the statutes is hampering the development of a sector of the fish farm industry and other emerging industries. Ormers, which feed on seaweed, are currently being farmed experimentally but the development of this industry is being restricted by the current legal situation which stipulates the time of year when seaweed can be cut. Fresh, live seaweed is required to feed ormers throughout the year. Several enquiries have also been received from individuals looking to harvest seaweed for fertiliser, animal feed, cosmetic or pharmaceutical products. This activity is also currently not permitted by the Loi for the majority of the year. The exploitation of algae has become a large industry in other parts of Europe, particularly Ireland and Brittany and other locations. This legislation would allow development of these industries by making use of this renewable resource, under licence in a sustainable and appropriate manner.

The exploitation of other resources (e.g. polychaetes (worms) for bait) is currently unregulated with no mechanism in place to ensure appropriate use should it be necessary. Commercial exploitation of these species does occur in the UK and whilst there is little commercial exploitation of bait species at present the possible future development is not unrealistic with potential significant impacts on the marine intertidal environment, including within the marine protected areas designated under the Ramsar Convention.

Cold water corals (Maerl) are an OSPAR listed critical habitat, providing an important habitat for juvenile stages of many commercial stocks as well as other marine species. The ability to manage any exploitation of these species is key to achieving our agreed marine management objectives, as defined through local and international strategies and agreements.

Subordinate legislation will be required to regulate activities and put in place the licensing requirements and this will require resourcing that cannot currently be accommodated from existing Departmental resources.

An assessment of the seaweed biomass will be required prior to the licensing regime being implemented. There will be a cost associated with this assessment. There are a number of ways this assessment could be done including use of consultants or a PhD study.

It is the intention that, where appropriate, the costs to administer and regulate this legislation will be recouped from those applying for the licence to exploit the resource. There is no way to assess the number of licences that will be issued and therefore it is not possible to estimate the revenue generated.

Confirmation has been obtained to the effect that the draft Aquatic Resources (Jersey) Law 201- is Human Rights compliant.

Financial and Manpower Statement

The financial and manpower resources specifically related to the adoption of the Aquatic Resources (Jersey) Law 201- can be accommodated from within the existing resources of the Marine Resources Section of the Department. Subordinate regulations to undertake resource assessment and to establish a licensing regime will require additional resources.

Recommendation

The Minister approves the draft Aquatic Resources (Jersey) Law 201- and instructs the Greffe to lodge them for debate.

Written by:	Marine and Coastal Manager

Approved by:	Director for Environment

Draft Aquatic Resources (Jersey) Law 201- (Draft 6 – 14 Feb 2013)

Report for Draft Aquatic Resources (Jersey) Law 201-

Human Rights Notes for Draft Aquatic Resources (Jersey) Law 201-