Fishing Vessel Licence: Changes in Arrangement

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (15.06.2009) to approve the amended Jersey Fishing Boat Licence General Issue and Transfer Conditions.

Decision Reference: DS MD-E-2009-0092
Decision Summary Title :	Change in fishing boat licence transfer rules	Date of Decision Summary:	13/05/09
Decision Summary Author:	Fisheries Officer - Licensing	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 :	Changes in fishing vessel licensing arrangements	Date of Written Report:	13/05/09
Written Report Author:	Fisheries Officer - Licensing	Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Changes in fishing vessel licence arrangements
Decision(s): The Minister approved the amended Jersey Fishing Boat Licence General Issue and Transfer Conditions
Reason(s) for Decision: In order to reflect the changes in the UK fishing vessel licence arrangements and to retain a transferable and reciprocal licensing system
Resource Implications: There are no financial or manpower implications
Action required: Fisheries Officer – Licensing to arrange for changes to fisheries computer database to facilitate new arrangements. Development of new forms and letters required for the new arrangements.

Signature:

Senator Alan Maclean

Position:

Minister for Economic Development

Date Signed:

Date of Decision (If different from Date Signed):

Fishing Vessel Licence: Changes in Arrangement

ECONOMIC DEVELOPMENT DEPARTMENT

Changes in fishing vessel licensing arrangements

(Public)

Purpose of the Report

For the minister to approve changes to fishing vessel licensing arrangements.

Background

a) On 5th November 1996 the States Of Jersey passed the SEA FISHERIES (LICENSING OF FISHING BOATS) (JERSEY) REGULATIONS 1996. These regulations were put in place to prohibit fishing in Jersey’s Territorial Sea by unlicensed fishing boats, the only exception being in respect of fishing by a boat used wholly for the purpose of conveying persons wishing to fish for pleasure. These have now been superseded by the SEA FISHERIES (LICENSING OF FISHING BOATS) (JERSEY) REGULATIONS 2003.

b) Licensing was introduced by the Agriculture and Fisheries Committee to restrict fishing effort in Jersey’s Territorial Sea. At the same time Jersey signed a Management Agreement with the UK which allowed Jersey to issue and control its own licensing scheme out to 12 miles. The Agreement stated that the Committee would mirror the UK licensing system thus keeping Jersey licences compatible with UK licences, therefore allowing licence transfers to and from Jersey. The then Committee and subsequent Ministers have approved updates to the Jersey Fishing Boat Licence General Issue and Transfer Conditions to keep the Jersey licensing system in line with the UK licensing system.

c) One of the methods of restricting and reducing fishing effort in the British fishing fleet is through the application of capacity penalties when licences are transferred or aggregated. There is also a fixed period of validity for an unattached licence entitlement whereby that entitlement to a fishing boat licence would be lost forever if it was not used to licence a vessel within 3 years from issue.

Discussion

In the UK the Fishing Vessel Licensing Review Working Group (LRWG) made recommendations to changes in the UK fishing vessel licensing system. Scotland and Northern Ireland have implemented these changes and England and Wales are to follow suit. The 3 recommendations relevant to maintaining transferability between Jersey and the devolved UK administrations are as follows:

1. Removing the single licence transfer penalty (5% of overall capacity) on all licence transactions except where component elements from a disaggregated entitlement are used to license a vessel by single licence transfer, they will attract a 10% capacity penalty.

The single licence transfer capacity penalty was designed to help reduce overall capacity. Between 2003 and 2005, this penalty was set at 10% and only removed around 0.5% of UK fleet capacity. The last analysis completed established that the 5% penalty was having little material impact. Removing the penalty would therefore also have little impact on current overall capacity, and would allow owners to maintain their vessels at optimum size to maximise their business efficiency.

2. Allowing more flexibility in disaggregating licence entitlements.

More flexible disaggregation conditions will give the industry easier access to the right levels of tonnage and power. It does mean that parts of licences sold off can be aggregated together to form a new licence, which would allow for an increase in the overall number of licences within the British licensing system, but importantly not the overall British licence capacity. When a new licence is formed from the disaggregated parts of a number of licences, its end category will be the lowest common denominator and existing aggregation and disaggregation penalties will still apply.

3. Increasing the validity period for a licence entitlement from 3 to 5 years.

Increasing the validity period for a licence entitlement from 3 to 5 years will provide more stability for fisherman and businesses investing in licence entitlements.

Recommendation

These are non controversial recommendations which should be implemented into the Jersey Fishing Boat Licence General Issue and Transfer Conditions. Jersey is obliged to mirror UK licensing system as a result of the Management Agreement thus keeping a transferable and reciprocal licensing system and thereby ensuring Jersey fisherman can benefit from the extra flexibility provided by these new arrangements.

It is recommended that the Minister approve the attached Jersey Fishing Boat Licence General Issue and Transfer Conditions amended to reflect the changes in fishing vessel licensing arrangements.

Written by:	Fisheries Officer - Licensing

Approved by:	Chris Newton, Director of Environment