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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20--

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 9 August 2010 regarding: Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20--.

Decision Reference:

MD-E-2010-0097

Decision Summary Title :

Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20__

Date of Decision Summary:

05/05/2010

Decision Summary Author:

Senior Fisheries Inspector

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 :

Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20__

Date of Written Report:

05/05/2010

Written Report Author:

Senior Fisheries Inspector

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Approval for lodging and debate of the Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20__

Decision(s):

The Minister approved the draft Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20__ and requested that they be lodged “au Greffe” at the earliest possible opportunity.

Reason(s) for Decision:

MD-E-2009-0031 approved that the draft Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20__ be sent through the official channels for UK Secretary of State approval. This approval has now been received.

Resource Implications:

There are no financial or manpower implications.  
 

Action required:

States Greffe to arrange for the draft regulations to be lodged for debate at the earliest possible opportunity. 

Signature: 

Senator Alan Maclean

Position: 

Minister for Economic Development

Date Signed: 

Date of Decision (If different from Date Signed): 

Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20--

ECONOMIC DEVELOPMENT DEPARTMENT  

Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20__ 

Purpose of the Report  

For the Minister to approve the draft Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20__ for lodging. 

Background  

Drafting work commenced on these regulations in December 2008. The Minister approved that they be sent to the UK for Secretary of State for approval (MD-E-2009-0031). 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. That approval has now been obtained. 

Detail  

On 12th November 2008, Senator P Ozouf approved that drafting commence of an amendment to the Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001. 

The amendment was necessary to introduce restrictions on the amount of scallop dredges that can be towed by any one vessel, as recommended by the Joint Management Committee established under the Agreement for Fishing in the Bay of Granville. 

On 13th November 2008, Senator P Ozouf approved that drafting commence of a further amendment to the Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001. 
 
Under the terms of the Jersey/UK Fisheries Management Agreement and the Sea Fisheries (Jersey) Law 1994, Jersey is obliged to obtain UK Secretary of State approval for fisheries regulations that apply throughout the Island’s territorial sea. 

 
This amendment was necessary to introduce a new method of measuring the mesh size of both trawl and static fishing nets, to keep Jersey fisheries management in line with that of Europe. The new method provides more consistent measurements than the existing method and is the result of significant research and consultation. It has already been adopted by the fisheries authorities of France, Guernsey and the United Kingdom. 
 
A minor amendment has also been made to exempt from the mesh size requirements traditional prawn nets pushed by hand (an oversight in the original Regulations). 

Recommendation  

The Minister approves the draft Sea Fisheries (Trawling, Netting & Dredging) (Amendment No 3)(Jersey) Regulations 20__ and instructs the Greffe to lodge them for debate.  

Written by:

Senior Fisheries Inspector

 

 

Approved by: 

Andrew Scate CEO Planning and Environment

 

 

 
Attachments: 

Sea Fisheries (Trawling, Netting & Dredging)(Amendment No 3)(Jersey) Regulations 20__

Report for inclusion with draft legislation  

Ministerial Decision ref: MD-E-2010-0097

05/05/2010 

This is hidden text 

Please would you list any relevant publications or documents The kind of publications that may be included in the list include - 

·     States Strategic Plan

·     Annual Business Plan

·     Departmental Business Plan

·     States reports and propositions

·     Consultants reports

·     Other key references

 

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