Aquatic Resources (Jersey) Law 2014: Law drafting of Regulation

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A decision made 8 December 2017:

Decision Reference: MD-PE-2017-0106
Decision Summary Title :	Approval to request law drafting for regulation under the Aquatic Resources (Jersey) Law 2014			Date of Decision Summary:	5 December 2017
Decision Summary Author:	Marine Scientist			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 to request law drafting for regulation under the Aquatic Resources (Jersey) Law 2014			Date of Written Report:	5 December 2017
Written Report Author:	Marine Scientist			Written Report : Public or Exempt? (If Exempt State clauses from Code of Practice booklet)	Public

Subject: Approval for law drafting of a regulation under the Aquatic Resources (Jersey) Law 2014
Decision(s): The Minister approved the law drafting request for a regulation to be drafted to manage seaweed exploitation under the Aquatic Resources (Jersey) Law 2014
Reason(s) for decision: A regulation under the Aquatic Rescores (Jersey) Law 2014 is required to regulate and manage the cutting / harvesting of seaweed.
Resource Implications: There are no financial or manpower resource implications.
Action required: Law Draftsman requested to draft regulation under the Aquatic Resources (Jersey) Law 2014
Signature: Deputy S Luce		Position: Minister for the Environment
Date Signed:			Date of Decision:

Aquatic Resources (Jersey) Law 2014: Law drafting of Regulation

DEPARTMENT OF THE ENVIRONMENT

Approval to request law drafting for a regulation under the Aquatic Resources (Jersey) Law 2014

Purpose of the Report

For the Minister to request law drafting time to make a regulation to manage seaweed exploitation under Aquatic Resources (Jersey) Law 2014.

Background

In recent years it was recognised that the laws managing the exploitation of seaweed were no longer in step with current utilisation of the resource. It was therefore decided that an updated to the law was required, this came about in the form of the Aquatic Resources (Jersey) Law 2014.

The 2014 law is due to replace the loi (1970) (Amendment No. 3) sur la coupe et la pêche des vraics - which allows legal harvesting of seaweed annually from 1 February to 30 April between sunrise and sunset from Monday to Saturday each week.

The Aquatic Resources (Jersey) Law 2014 allows for the control of any living marine resource not directly covered by the Sea Fisheries (Jersey) Law 1994, so meets modern needs. However, the law has not come into force as suitable regulations under the law have not yet been developed. Because of this the Law is also awaiting an appointed day act to bring it into force. Once these actions are taken the loi sur la coupe et la pêche des vraics will be automatically repealed.

Details

Having carefully considered the range of aquatic resources covered by the 2014 law and identified seaweed as the dominant commercial focus, the Minister wishes to develop sufficient legislation to allow for its management under the law. The results of a study into the exploitation of aquatic resources are set out in the document Seaweed Aquaculture and Wild Harvesting in Jersey. It is proposed that the regulations that will sit under the Aquatic Resources (Jersey) Law 2014.

Currently seaweed harvesting is practiced by a small number of cottage industry scale businesses which utilise seaweeds (both cut and gathered from the strand line) for a range of locally marketed culinary, agricultural and body-care products. Most of this activity, while not causing significant impact to the environment, is hampered by the existence of archaic and outmoded legislation.

The proposed regulations will allow for the year round management of both recreational and commercial seaweed harvesting with individual species / families of seaweed being subject to daily bag limits. Certain species will have a bag limit set at zero to prevent exploitation and others such as Ulva (sea lettuce) and storm cast weed (Vraic de venu) will have no limits placed upon them. Commercial harvesting will require a license, for which there will be a charge. The requirement of a license allows the Department of the Environment to impose license conditions to further manage the resources at species level as required.

It is also necessary to draft an appointed day Act for the Aquatic Resources (Jersey) Law 2014

Recommendation

The Minister is recommended to request law drafting time to make a regulation under Aquatic Resources (Jersey) Law 2014

Written by:	Marine Scientist

Approved by:	Acting Director Marine Resources

Ministerial Decision Case Ref: MD-PE-2017-