ECONOMIC DEVELOPMENT DEPARTMENT
Sea Fisheries (Bag Limits)(Jersey) Regulations 200_
Purpose of the Report
For the Minister to approve the draft Sea Fisheries (Bag Limits)(Jersey) Regulations 200_for lodging.
Background
Drafting work commenced on these regulations in 2006 and in April 2007 the Minister approved that they be sent to the UK for Secretary of State approval. Under the terms of the Jersey/UK Fisheries Management Agreement and in compliance with the Sea Fisheries (Jersey) Law 1994 it is necessary for the island to obtain such approval before introducing most fisheries regulations.
Further amendments were subsequently made to the draft regulations to include a provision for exemptions and to take into account comments made by the UK. Following a ministerial decision made in July 2008, the present draft was again submitted for Secretary of State approval. That approval has now been obtained.
Discussion
The benefit of regulations setting restrictions on the number of fish or shellfish that may be caught by recreational fishermen “bag limits” has long been recognised, both locally and elsewhere. Local recreational scallop divers have been restricted in the number of scallops they may take since such activity became legal over ten years ago. In Brittany and Normandy low water fishermen have been restricted in the number of ormers they may take for many years.
Whilst it is recognised that limiting the number of ormers caught is a conservation measure to protect stocks which are still recovering after a disease, limiting numbers of lobster and bass targets the illegal sale of fish and shellfish by non-licensed fishermen. The Fishing industry has called on the Department to introduce legislation which would effectively prevent the sale of “black” fish which results in a reduction in the market price. The Sea Fisheries and Marine Resources Advisory Panel which has on it leading members from commercial fishing, leisure fishing, angling and fish farming is unanimous in its support of this measure.
Jersey’s fish populations may be exploited by two main groups of people, the professional fishermen who have purchased a fishing licence and the amateur or leisure fishermen. Leisure fishermen are not permitted to sell their catch caught in local waters from a vessel that does not have a fishing licence; however, because certain species attract a high value if sold (in particular lobster and bass) some unscrupulous individuals that do not have a fishing licence for their vessel are tempted to catch more than they need for themselves and sell the surplus catch.
At present professional fishermen either have a shellfish qualified licence which allows them unlimited catches of shellfish or are only allowed to fish for 15 lobsters and 25 per crabs per day. No such restriction exists for leisure fishermen and this legislation would rectify the disparity. The bag limits in the proposed legislation make generous allowance for leisure fishermen fishing for their own consumption.
This legislation serves to limit retention of the named species of fish and shellfish by non-licensed fishermen to a reasonable amount; 20 ormers per person per day, 5 bass per person per day and 5 lobsters per person or boat per day (whilst an individual fisherman may retain up to 5 lobsters, 3 fishermen on one boat would be restricted to a total of 5 lobsters).
Although the majority of recreational fishermen would support the introduction of bag limits, some objections may be raised to this legislation by those who see the measure as a denial of a source of income. Fishermen catching bass from the shore using rod and line, set nets and longlines may currently sell an unlimited number of bass as there is no requirement for them to hold a fishing licence. Whilst some such individuals may see a reduction in income derived from this source, the Regulations allow the Minister to exempt some fishermen who can demonstrate a genuine record of commercial activity ( a separate Ministerial Decision will be taken in relation to any such exemptions). It is likely however that the principal objectors will be those anglers working from unlicensed fishing boats who will no longer be able to sell significant quantities of bass and indeed it is the aim of this legislation to deny them that illegal income.
The existence of bag limits for bass would contribute to the increase in angling tourism as it would underline the importance to the Island of efficient management of the fishery.
The legislation denies no one the right to fish. Fish caught in excess of the bag limit can be put back into the sea or, if fishermen wish to sell their catch and legalise their activity, licences are available for them to buy.
Recommendation
The Minister approves the draft Sea Fisheries (Bag Limits)(Jersey) Regulations 200_and instructs the Greffe to lodge them on 31 March 2009 for a provisional date of debate of 12 May 2009.
Written by: | Senior Fisheries Inspector |
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Approved by: | Chris Newton, Director of Environment |
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