Sea Fisheries (Miscellaneous Provisions) (Amendment No. 6) (Jersey) Regulations 201-

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A decision made 16 May 2014:

Decision Reference: MD-E-2014-0041
Decision Summary Title :	Approval for lodging of draft Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 201-			Date of Decision Summary:	13 May 2014
Decision Summary Author:	Assistant Director Marine Resources			Decision Summary: Public or Exempt? (If 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:	Approval for lodging of draft Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 201-			Date of Written Report:	13 May 2014
Written Report Author:	Assistant Director Marine Resources			Written Report : Public or Exempt? (If Exempt State clauses from Code of Practice booklet)	Public

Subject: Approval for lodging of draft Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 201-
Decision(s): The Minister approved the draft Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 201- and requested that it be lodged “au Greffe”.
Reason(s) for decision: The amendment is required to provide better protection for spider crabs in local waters during the period immediately after they have moulted.
Resource Implications: There are no financial or manpower resource implications.
Action required: The Greffier of the States to be requested to arrange for the draft Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 201- to be lodged “au Greffe” for debate.
Signature: Senator Alan Maclean		Position: Minister for Economic Development
Date Signed:			Date of Decision:

Sea Fisheries (Miscellaneous Provisions) (Amendment No. 6) (Jersey) Regulations 201-

ECONOMIC DEVELOPMENT

Approval for lodging of draft Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 201-

Purpose of the Report

For the Minister to approve the lodging for debate of the draft Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 201-

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.

On 21 November 2008, Senator P Ozouf (then Minister for Economic Development) approved that drafting of the Regulations to allow such a closure commence (MD-E-2008-0219). The process was complex, as before new regulations could be created, the Sea Fisheries (Jersey) Law 1994 needed some modification.

The modifications to the Law were enacted in November 2012 and on 6 December 2012 Senator Maclean approved that the draft Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 201- be sent to the United Kingdom for Secretary of State approval. (Such approval being required under the terms of the UK/Jersey Fisheries Management Agreement) and the Sea Fisheries (Jersey) Law 1994). On 13 May 2014 the Ministry of Justice confirmed by letter that such approval had been obtained.

The draft 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 on nets during that period (this is a new provision to give effect to the GB committees recommendations).

On its part, France introduced the measures for the French part of the Granville Bay Area some years ago.

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 market place reputation and had a detrimental effect on the stock. The dates for this ban are agreed at the June 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 are 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 may be 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.

French and Jersey fishermen have agreed an area to the south of Jersey where they recommend that no nets of any sort should be set for the duration of the closed season. The JMC has endorsed this recommendation and as part of the area falls within the Jersey territorial sea, it is necessary to introduce a new regulation.

Whilst the existing regulation allows the Minister to introduce a seasonal restriction on the taking/retention of spider crab using the process of a Ministerial Decision and the publication of a notice in the Gazette, this process could not be used to close an area to netting. Unfortunately the timescales involved do not allow for the introduction of a new regulation each year for the closed season, so an alternative method was evolved. The modifications made to the Sea Fisheries Law and contained in this amendment to the regulations, allow the Minister to restrict both the retention of spider crabs and the use of nets during a closed period by Order, with the caveat that such a closure cannot exceed 3 months (current closures are in the order of 6 weeks).

Should the draft amendment be approved, then each year, following the June Granville Bay meeting, the Minister will need to make an Order giving the dates of the closure and the area to be closed to netting. This is a flexible and realistic approach to fisheries management, industry led and supported by all. Very few Jersey fishing vessels use nets in the area under consideration and so there will be no negative impact on our industry.

The delays in Jersey introducing the legislation have been somewhat embarrassing and the approval of the draft regulation will be seen in a very positive light by both the French administration and French fishermen.

Jersey Fishery officers already routinely enforce the seasonal spider crab closure and assist the French authorities in policing the netting restrictions in French waters as part of joint enforcement operations. Such operations will be extended to cover the Jersey part of the area in future years, so there are no significant manpower or financial implications.

Recommendation

The Minister is recommended to approve that the draft Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 201- is lodged “au Greffe” and to ask the Greffier of the States to seek the earliest possible date for debate. This is necessary so that the restrictions can be introduced this autumn.

Written by:	Assistant Director Marine Resources

Approved by:	Director Environmental Management and Rural Economy

Ministerial Decision Case Ref: MD-E-2014-0041