Sea Fisheries
(Underwater Fishing) (Jersey) Regulations 2003[1]
1 Interpretation
In these Regulations –
“breathing apparatus” includes any apparatus used to
enable or facilitate respiration under water;
“permit” means a permit granted under Regulation 3 and
“permit holder” shall be construed accordingly;
“shellfish” does not include crabs.
2 Restriction
on underwater fishing
(1) Except as provided in paragraph (2),
it is an offence for any person, while totally or partially submerged and
breathing with the aid of breathing apparatus, or wearing a face visor, a mask
or goggles, to take any shellfish from the sea.
(2) Paragraph (1) does
not apply to –
(a) any
person taking shellfish from the sea under the authority of the Minister, for
the purpose of scientific investigation or for the purpose of transplanting
shellfish from one fishing ground to another; or
(b) any permit
holder taking scallops from the sea in accordance with any conditions
applicable to the permit.
3 Permits
for underwater fishing of scallops
(1) The Minister may, if he
or she thinks fit, and upon receipt of such particulars as he or she may
require and such fee as he or she has, by Order, prescribed, grant any person a
permit authorizing him or her to take scallops from the sea or from a specified
portion of the sea while totally or partially submerged and breathing with the
aid of breathing apparatus, or wearing a face visor, a mask or goggles.
(2) The Minister may, by Order,
prescribe fees for the purposes of this Regulation, and different fees may be
prescribed in respect of applications for permits relating to different classes
of activity and according to such other factors as the Minister thinks fit.
(3) A permit may be granted
under paragraph (1) subject to such conditions as the Minister thinks fit,
including, without prejudice to the generality of the foregoing, conditions as
to –
(a) the
duration of the permit;
(b) the
part of the sea to which the permit relates;
(c) the
periods during which scallops may be taken;
(d) the
quantity of scallops that may be taken within a period;
(e) the
use to which scallops taken may be put; and
(f) the
maintenance of records of the date, place and quantity of scallops taken,
and different conditions may be applied in respect of different
permits and different classes of permits.
4 Repeal
and saving
(1) The Shellfish
(Underwater Fishing) (Jersey) Regulations 2001 are repealed.
(2) A permit that, but for
the repeal of those Regulations, 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.
5 Citation
These Regulations may be cited as the Sea Fisheries (Underwater
Fishing) (Jersey) Regulations 2003.