Sea Fisheries
(Licensing of Fishing Boats) (Jersey) Regulations 2003[1]
PART 1
PRELIMINARY
1 Interpretation[2]
In these Regulations, unless the context
otherwise requires –
“address for service”, in relation to an owner or
charterer of a fishing boat, means the address for service for the time being
provided by the owner or charterer to the Minister in accordance with Regulation 8;
“Area” means the waters referred to as such in the former
Agreement;
“electronic means” includes facsimile transmission and
any method of transferring data by computer;
“EU fishing boat” means a fishing boat that is
registered in a member State of the European Union;
“exchange of notes” means the exchange of notes that is
associated with the former Agreement and concerns access to fishing in certain
zones in the Bay of Granville area;
“fishing boat licence” means a licence issued by the
Minister under these Regulations;
“fishing permit” means a fishing permit issued by the
Minister under these Regulations;
“former Agreement” means the agreement,
concerning fishing in the Bay of Granville, together with the associated
exchanges of notes, made between the Government of the United Kingdom and
Northern Ireland and the French Republic signed on 4 July 2000, which came into
force on 1 January 2004 and which was terminated on 31 January 2021 by Article 511.2
of the TCA;
“Law” means the Sea Fisheries (Jersey)
Law 1994;
“place of business”,
in relation to an owner or charterer of a fishing boat, means any place at
which the owner or charterer carries on any business;
“registered office” in relation to an owner or charterer
of a fishing boat, being an owner or charterer that is a body corporate, means
the registered office of the owner or charterer;
“territorial sea” means the territorial sea of Jersey;
“whelk box” means the geographical area described in
paragraph 9 of the exchange of notes, also known as and referred to as
Zone D1;
“Zone A”, “Zone B”, “Zone C”,
“Zone D”, “Zone E” or “Zone F” means the
waters referred to as such in the exchange of notes.
PART 2
RESTRICTIONS ON SEA FISHING
2 Fishing
in the territorial sea: licences and permits[3]
(1) Fishing
in the territorial sea by any fishing boat is prohibited unless authorised by a
fishing boat licence issued by the Minister.
(2) Fishing
with beam trawls in the territorial sea by any fishing boat is prohibited
unless authorised by a fishing permit that has been issued by the Minister.
(3) A
fishing boat licence may be issued to an EU fishing boat only if that
boat –
(a) is
a qualifying vessel; and
(b) has a
valid national licence or any authorisation required by regional, national or
international law.
(4) For
the purposes of this Regulation, no action is authorised by a fishing boat
licence or a fishing permit unless it is done in accordance with the conditions
of that fishing boat licence or fishing permit.
3 Fishing
by Jersey boats outside the territorial sea: licences and permits[4]
(1) Unless
authorised by a fishing boat licence issued by the Minister, fishing by a
Jersey fishing boat is prohibited outside –
(a) the
territorial sea;
(b) the
territorial sea of Guernsey; and
(c) the
EEZ of the United Kingdom, as defined in Article 495 of the TCA.[5]
(2) A
fishing boat licence authorising fishing in the territorial waters of a member
State of the European Union may –
(a) only
be issued in respect of a boat which is a qualifying vessel; and
(b) only
authorise fishing in those waters to the extent demonstrated by the
vessel’s fishing activity under Article 502 of the TCA.[6]
(3) For
the purposes of this Regulation, no action is authorised by a fishing boat licence
or a fishing permit unless it is done in accordance with the conditions of that
fishing boat licence or fishing permit.
3A Fishing in the Frouquier Aubert protected area[7]
(1) In this
Regulation –
“protected area” means that part of the territorial sea
near the Frouquier Aubert buoy that is bounded by
straight lines drawn in the sequence –
from 49 05.10N 02 00.00W to 49 05.10N 01 55.00W
from 49 05.10N 01 55.00W to 49 02.50N 01 55.00W
from 49 02.50N 01 55.00W to 49 02.50N 02 00.00W
from 49 02.50N 02 00.00W back to 49 05.10N 02 00.00W,
as determined in accordance with the World Geodetic
System 1984;
“restricted trawl” means any trawl that is not designed
to operate exclusively on the seabed and includes any trawl that does not have
fitted to it attachments designed to protect the trawl from damage resulting
from contact with the seabed.
(2) In the protected area,
fishing –
(a) with
a restricted trawl; or
(b) with
a trawl towed by more than one boat,
is prohibited unless authorized by a fishing permit that has been
granted –
(c) by
the Minister; or
(d)
and is in force in respect of the boat or boats and the protected
area.[8]
(3) For the purposes of
this Regulation, no action is authorised by a fishing permit unless it is done
in accordance with the conditions of that fishing permit.[9]
(4) If a fishing
boat –
(a) is in
the protected area;
(b) has a
restricted trawl on board; and
(c) does
not have permission to use that trawl at that time by a fishing permit granted
under paragraph (2),
the restricted trawl must be stowed in accordance with the
conditions mentioned in paragraph (5).
(5) Those conditions are
that –
(a) apart
from its weights, the trawl must be carried wholly inboard;
(b) all
nets and trawlboards and weights must be disconnected
from their towing or hauling wires or ropes;
(c) all trawlboards must be secured at deck level or carried below
deck; and
(d) all
nets that are on deck or above deck must be securely lashed to some part of the
superstructure of the fishing boat.
4 Requirement
to carry fishing boat licence or fishing permit[10]
(1) A
fishing boat fishing in the territorial sea must carry –
(a) the
fishing boat licence issued in respect of it; and
(b) in
the case of an EU fishing boat, its national licence and any authorisations
required by regional, national or international law.
(2) A
Jersey fishing boat fishing outside the territorial sea must carry the fishing
boat licence issued in respect of it.
4A [11]
5 Exception
The prohibitions in Regulations 2 and 3 shall not apply in respect
of –
(a) fishing by a
boat –
(i) when
the fishing is only for the purpose of recreation, and
(ii) the
persons undertaking the recreational fishing on that boat are not charged a fee
to use the boat for that purpose; or
(b) fishing operations
that, under the authority of the Minister, are conducted for the purpose of
scientific investigations.[12]
PART 3
LICENCES AND PERMITS
6 Classes
of licences and permits[13]
(1) The
Minister may determine any description of fishing boat licence or fishing
permit to be a class of fishing boat licence or fishing permit, as the case may
be, for the purposes of these Regulations.[14]
(2) For
the purposes of paragraph (1), a determination may be made with regard to
such matters as the Minister thinks fit, including, without prejudice to the
generality of that term, size of boat; method of fishing; specified area in
which fishing is authorized, and description of sea fish that may be taken.
7 Fees
for licences and permits[15]
(1) A
fee of such amount as the Minister prescribes shall be payable for –
(a) the
grant or renewal of a fishing boat licence; or
(b) the
grant or renewal of a fishing permit.[16]
(2) The
Minister may by Order prescribe the amounts of any fees to which paragraph (1)
refers and the period of the duration of a fishing boat licence or fishing
permit for which the fee is payable.[17]
(3) A
fee so prescribed shall be payable by the person to whom the licence or fishing
permit is granted or (as the case may be) for whom it is renewed.[18]
(4) The
fee shall be payable on the grant or renewal (as the case may be) of the
licence or fishing permit.[19]
7A Agreement
in principle for substitute vessel[20]
(1) Where
an owner of a qualifying vessel with a fishing boat licence proposes to replace
that qualifying vessel with a substitute vessel, the owner, or a person on
behalf of the owner, may apply to the Minister for the grant of an agreement in
principle to grant a fishing boat licence in relation to the substitute vessel.
(2) Where
the Minister grants an agreement in principle to grant a fishing boat licence
in relation to a substitute vessel, and subsequently receives an application
for a fishing boat licence in respect of that substitute vessel, the Minister
must grant a fishing boat licence in respect of that substitute vessel provided
the Minister is satisfied that nothing has changed in relation to that vessel
since the agreement in principle was granted.
8 Address
for service on owner or charterer
(1) An owner or a charterer
of a fishing boat who applies to the Minister for a fishing boat licence must,
subject to paragraph (1B), provide the Minister with –
(a) if
the fishing boat is a Jersey fishing boat, an address for service in Jersey;
(b) if
the fishing boat is not a Jersey fishing boat, an address for service in Jersey
or in the country or place where that fishing boat is registered; and
(c) a
valid email address. [21]
(1A) [22]
(1B) An address for service that is
required to be provided under paragraph (1) –
(a) shall
not include an address for service that is a post office box; and
(b) shall
be stated in writing and shall accompany the application referred to in
paragraph (1).[23]
(2) An owner or charterer
may from time to time change the address for service by notice in writing to
the Minister.
(3) A change of address for
service shall take effect on notice being given to the Minister in accordance
with paragraph (2) or on such later date as may be specified in the
notice.
(4) Where the address
(including an email address) provided under paragraph (1) changes or
ceases to be used and the owner or charterer does not notify
the Minister within the period ending 7 days after the date the address changes
or ceases to be used, the owner or charterer commits an offence and is liable
to fine of level 3 on the standard scale.[24]
9 Grant
of licence or permit[25]
Subject to Regulations 11 and 12, a fishing boat licence or a
fishing permit is granted in respect of a fishing boat by delivering it to the
owner or charterer of the fishing boat in one of the following
ways –
(a) personally, in which
case it shall take effect on receipt;
(b) by leaving it at the
owner’s or charterer’s address for service, place of business or
registered office, or in the hands of any person in any of those places, in
which case it shall be treated as having been delivered and shall take effect
24 hours after it is left;
(c) by transmitting it to
the owner or charterer by electronic means at the address for service, place of
business or registered office, or to the email address provided under
Regulation 8(1), in which case it shall be treated as having been
delivered and shall take effect 24 hours after it is transmitted;
(d) by sending it to the
owner or charterer by post at the address for service, place of business or
registered office, in which case it shall be treated as having been delivered
and shall take effect –
(i) 48 hours
after it is sent, if that period does not expire on a Sunday or on a day that
is a bank holiday or public holiday in the place to which it is sent, or
(ii) if
the period does expire on such a day, then at the end of the next day that is
not a Sunday or a bank holiday or public holiday in that place.
9A Limit on grant of
fishing permit[26]
For the purposes of –
(a) Regulations 2(2)
and 3(2A); and
(b) the grant, by the
Minister, of a fishing permit authorizing fishing with beam trawls by a Jersey
fishing boat in the territorial sea, being a fishing permit required by Regulations 2(2)
and 3(2A),
the Minister shall, when considering an application for such fishing
permit, ensure that not more than 5 such fishing permits shall be in force at
any one time.
10 Variation,
suspension or revocation
(1) Subject to Regulations
11 and 12, the variation, suspension or revocation of a fishing boat licence or
a fishing permit is effected by giving notice of the variation, suspension or
revocation to the owner or charterer of the fishing boat to which the fishing
boat licence or fishing permit relates, in one of the following
ways –
(a) personally,
in which case the variation, suspension or revocation shall take effect
24 hours after receipt of the notice;
(b) by
leaving it at the owner’s or charterer’s address for service, place
of business or registered office, or in the hands of any person in any of those
places, in which case it shall be treated as having been given and the variation,
suspension or revocation shall take effect 48 hours after the notice is left;
(c) by
transmitting it to the owner or charterer by electronic means at the address
for service, place of business or registered office, or to the email address
provided under Regulation 8(1), in which case it shall be treated as
having been given and the variation, suspension or revocation shall take effect
48 hours after the notice is transmitted; or
(d) by
sending it to the owner or charterer by post at the address for service, place
of business or registered office, in which case it shall be treated as having
been given and the variation, suspension or revocation shall take
effect –
(i) 72 hours
after the notice is sent, if that period does not expire on a Sunday or on a day
that is a bank holiday or public holiday in the place to which it is sent, or
(ii) if
the period does expire on such a day, then at the end of the next day that is
not a Sunday or a bank holiday or public holiday in that place.[27]
(2) Subject to Regulations
11 and 12, the variation, suspension or revocation of a fishing boat licence or
a fishing permit may alternatively be effected by giving notice of the
variation, suspension or revocation to the master of the fishing boat to which
it relates, in one of the following ways –
(a) personally,
in which case the variation, suspension or revocation shall take effect on
receipt of the notice; or
(b) by
transmitting it to the master by electronic means while the master is aboard
the fishing boat, in which case it shall be treated as having been given and
the variation, suspension or revocation shall take effect 24 hours after
the notice is transmitted.[28]
(3) Notwithstanding
paragraphs (1) and (2), the variation, suspension or revocation of all
licences or all permits may be effected by publishing notice of the variation,
suspension or revocation on a website, such website being specified in the
licence or permit to which the notice relates.[29]
(4) A notice published
under paragraph (3) shall provide that it applies to all licences or to
all permits but shall not specify the names or port letters and numbers of the
fishing boats, or the names of any owners, charterers or masters of any fishing
boats, to which the variation, suspension or revocation relates.[30]
(5) A notice published
under paragraph (3) shall be treated as having been given for the purposes
of these Regulations and the variation, suspension or revocation shall take
effect 24 hours after the end of the day on which the notice is published.[31]
(6) In this
Regulation –
(a) “all
licences” means any of the following –
(i) all
fishing boat licences, or
(iii) all
fishing boat licences of a class determined by the Minister under Regulation 6;
and
(b) “all
permits” means any of the following –
(i)
(ii) all
fishing permits,
(iii)
(iv) all
fishing permits of a class determined by the Minister under Regulation 6.[32]
11 Delivery or
notification by several modes[33]
Subject to Regulation 12, if –
(a) a licence or a fishing
permit; or
(b) a notice of the
variation, suspension or revocation of a licence or a fishing permit,
is delivered or given by more than one mode, it shall be treated as
having been delivered or given and the licence or fishing permit or the
variation, suspension or revocation shall take effect at the earliest of the
times prescribed by these Regulations in respect of the modes by which the
licence or fishing permit or notice is delivered or given.
12 Deferred effect[34]
Where –
(a) a licence or a fishing
permit; or
(b) a notice of the
variation, suspension or revocation of a licence or a fishing permit,
specifies on its face that the licence or fishing permit, or the
variation, suspension or revocation, shall take effect at a time that is later
than a time prescribed by these Regulations in respect of any mode by which the
licence or fishing permit or notice is delivered or given, the licence or
fishing permit, or the variation, suspension or revocation, shall take effect
at the time shown on the face of the licence, fishing permit or notice.
12A Period for which licence in force[35]
(1) A fishing boat licence
shall, subject to its suspension or revocation, be in force on and from the
date on which it takes effect until the end of the granting period within which
it takes effect.
(2) [36]
(3) In this Regulation,
“granting period” means –
(a) the
period that commences on 1st January 2007 and ends on 31st December 2008; or
(b) a
period, determined in accordance with paragraph (4), that follows the
period specified in sub-paragraph (a), or comes at a later time.
(4) For the purposes of
paragraph (3)(b), a period that follows the period specified in paragraph (3)(a),
or comes at a later time to that period, shall –
(a) commence
on the second anniversary of the commencement date of the preceding granting
period; and
(b) end
on the 31st December of the year following the year in
which it commences.
(5) This Regulation shall
apply to a fishing boat licence that takes effect on or after 1st January 2007.
(6) A fishing boat licence
issued on or after 1st May 2021 may be issued or renewed for a period of up to
3 years.[37]
(7) A fishing boat licence
issued in respect of a foreign fishing boat ceases to have effect during any
period when the national licence in respect of that boat has been terminated,
revoked or suspended.[38]
13 Effect of lodging
appeal
(1) If an appeal is lodged
under Article 28 of the Law against the revocation or suspension of a
licence or a fishing permit after the revocation or suspension has taken
effect, the licence or fishing permit comes back into force as from the time
when the appeal is lodged.[39]
(2) If an appeal is lodged
under Article 28 of the Law against the revocation or suspension of a
licence or a fishing permit before the revocation or suspension has taken
effect, the licence or fishing permit continues in force even after the
revocation or suspension would, but for this Regulation, have taken effect.[40]
(3) A licence or a fishing
permit in force by virtue of this Regulation continues in force by virtue of
this Regulation until whichever of the following events occurs
first –
(a) the
relevant appeal is withdrawn by the appellant;
(b) the
relevant appeal is dismissed by the Court;
(c) the
Minister acts, in relation to the licence or fishing permit, on any directions
of the Court given under Article 28 of the Law;
(d) the
licence, access permit or fishing permit expires.[41]
PART 4
MISCELLANEOUS
14 [42]
15 Repeal and
savings
(1) The Sea Fisheries
(Licensing of Fishing Boats) (Jersey) Regulations 1996 are repealed.
(2) Notwithstanding any
other provision of these Regulations, if an application for a licence was made
in respect of a fishing boat after the making of the Sea Fisheries (Licensing
of Fishing Boats) (Jersey) Regulations 1996, but before the latter Regulations
came into force, and the application has not been determined before the date of
repeal of those Regulations, the activity in respect of which the licence was
sought continues to be authorized in respect of that fishing boat until the
application is determined.
(3) A licence that, but for
the repeal of the Sea Fisheries (Licensing of Fishing Boats) (Jersey)
Regulations 1996, would have continued in force shall be taken to have
been granted under these Regulations and shall remain in force until such day
as it would have expired but for that repeal unless it is sooner revoked or
suspended.
16 Citation
These Regulations may be cited as the Sea Fisheries (Licensing of
Fishing Boats) (Jersey) Regulations 2003.