Sea Fisheries (Les Minquiers) Regulations

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A decision made (05.03.07) to approve the draft Sea Fisheries (Les Minquiers) (Jersey) Regulations 200-

Subject:	Sea Fisheries (Les Minquiers)(Jersey) Regulations 200-
Decision Reference:	MD-E-2007-0053		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	6/1/9
Written report – Title	Draft Sea Fisheries (Les Minquiers)(Jersey) Regulations 200_
Written report – Author (name and job title)	Mike Smith (Senior Fisheries Inspector))
Decision(s): The Minister approved the draft Sea Fisheries (Les Minquiers)(Jersey) Regulations 200- and requested that they be lodged ‘au Greffe’.
Reason(s) for decision: The regulations are intended to provide better protection for lobster stocks at Les Minquiers and have been recommended by fishermen, marine biologists and fisheries administrators of Jersey and France and agreed by the UK Secretary of State for the Department for Constitutional Affairs. The conservation measures contained in the regulations already apply to Jersey fishermen as a condition of their fishing licences and once the regulations are approved, will also apply to French fishermen working at Les Minquiers.
Action required: The Sea Fisheries Inspector will request the Publications Editor at the States Greffe to arrange for the draft Regulations to be lodged for debate.
Signature: (Minister/ Assistant Minister)		Date of Decision:

Sea Fisheries (Les Minquiers) Regulations

ECONOMIC DEVELOPMENT DEPARTMENT

Sea Fisheries (Les Minquiers)( Jersey ) Regulations 200-

(Public)

Purpose of the Report

The Sea Fisheries (Les Minquiers)(Jersey) Regulations 200- introduce further restrictions on fishing activities at Les Minquiers with the intention of ensuring the sustainability of the lobster fishery. In applying regulations to French fishermen that already apply to Jersey fishermen as a condition of their fishing licences, the Regulation ensures that all fishermen working at Les Minquiers are subject to the same restrictions.

Background

The need to restrict the use of certain types of fishing pots in the important lobster fishery at Les Minquiers was agreed between fishermen, scientists and fisheries administrators of Jersey and France meeting under the terms of the Granville Bay Agreement during 2005. Since then the various Ministers having responsibility for fisheries have approved a request for law drafting time and then that the draft regulations be sent to the UK for the concurrence of the Secretary of State of the Department for Constitutional Affairs. That concurrence has now been given and the Regulations are ready to be lodged for debate.

Discussion

Regulations already exist restricting the use of certain types of pots at Les Minquiers, however since those regulations were put in place fishermen have devised other types of pots having similar or better performance to those already banned. These types of pot do not allow lobsters to escape and consequently in periods of bad weather, more lobsters enter the pot and fight with those already inside, causing a loss to the fishery.

The new restrictions (which make provision for a “sunset” clause for fishermen already using such pots) have the support of the majority of French and Jersey fishermen working in the area. At a meeting of the Fisheries and Marine Resources Panel held in December, it was recommended to the Minister that the restrictions be brought in as a condition of their fishing licence for Jersey fishermen. The Minister approved the condition which became effective on 1st January 2007. This regulation will apply the same restrictions to French fishermen working at Les Minquiers.

Since the original regulations were made, the datum used for electronic (Global Positioning System) has changed and so the regulation contains coordinates for the area using both datums,

Enforcement of these measures is already being conducted for Jersey fishermen and there will not be any significant increase in work in applying the measures to French fishermen.

Conclusion

The Regulations will ensure that French fishermen working at Les Minquiers are bound by the same restrictions on the use of shellfish pots as Jersey fishermen.

Recommendation

It is recommended that the draft be approved and lodged for debate.

Written by:	Mike Smith (Senior Fisheries Inspector)

Approved by:	Chris Newton – Director of Environment

Attachments:

Sea Fisheries (Les Minquiers)(Jersey) Regulations 200-

Report to accompany Sea Fisheries (Les Minquiers)(Jersey) Regulations 200-

6/1/9

Ministerial Decision ref: MD-E-2007-0053

16 February 2007