Aquatic Resources
(Jersey) Law 2014
A LAW to make provision for the
management of aquatic resources other than sea fish.
Commencement [see endnotes]
1 Interpretation and application
(1) In this Law, unless the
context requires otherwise –
“aquatic area” means an area of the marine environment
from which aquatic resources may be taken, such area being measured with
reference to an area of the sea-bed, including, if appropriate, any part of the
sea shore;
“aquatic resources” mean any marine aquatic species,
other than sea fish;
“boat” means a vessel of whatever size, and in whatever
way propelled, which is used for any of the following –
(a) taking
aquatic resources from the marine environment; and
(b) cultivating
aquatic resources in the marine environment with a view to taking them
subsequently;
“court” means the Royal Court;
“gear” means any net, container, pot, trap or other
object used for taking or storing aquatic resources or in connection with the
taking or storing of aquatic resources;
“marine environment” means, in relation to Jersey, any
part of its territorial sea, sea-bed or beach and includes any man-made thing
such as ropes, chains, walls or other structures on the sea bed or suspended in
the sea;
“master” includes a skipper or any other person who is
for the time being in command or charge of a boat;
“Minister” means the Minister for Environment,
Agriculture and Fisheries;
“officer” means a person appointed under Article 6 as
an officer or deemed under that Article to be an officer;
“police officer” means a member of the Honorary Police
or the States of Jersey Police Force;
“Regulations” means Regulations made by the States under
this Law;
“sea fish” means fish of any description found in the
sea, including shellfish, and any part of such fish;
“shellfish” includes crustaceans and molluscs of any
kind and any spat or spawn of shellfish;
“to take” in relation to aquatic resources, means, for
the purpose of exploitation or other use (whether or not commercial) either or
both of the following –
(a) to
remove aquatic resources in any manner from the marine environment;
(b) to
transport aquatic resources to shore following their removal from the marine
environment;
“vessel” includes any ship or boat, or any other
description of vessel used in navigation.[1]
(2) Save as is specifically
provided otherwise, this Law applies to Jersey and the territorial sea of Jersey.
(3) For the avoidance of
doubt a reference in this Law to a country includes a reference to Jersey and
any other countries in the British Islands.
(4) A reference in this Law
to an Act of the United Kingdom is a reference to that Act as amended from time
to time and includes a reference to that Act as extended or applied by or under
another Act.
2 General
power to regulate use of aquatic resources
(1) The
States may make Regulations for any of the following purposes, namely –
(a) for
restricting or prohibiting the taking of aquatic resources or any method of
taking aquatic resources from the marine environment or for requiring aquatic
resources to be taken by any specified method or instrument;
(b) for
controlling the establishment of, and for regulating, protecting and
developing, aquatic areas in relation to all or any specified kinds of aquatic
resources;
(c) for
requiring the marking or identification of any gear, including any gear used
for keeping alive aquatic resources that are intended to be left in or on the
sea before being taken from the marine environment;
(d) for
requiring any gear carried by any boat to comply with such requirements as to
construction, design, material or size as may be specified in the Regulations;
(e) for
requiring that a boat (wherever registered) carry when it is in the territorial
sea such equipment (including, but not restricted to, equipment designed to
allow the position of the boat to be monitored) as may be specified in the
Regulations;
(f) for
requiring that a boat registered in Jersey, wherever it may be, carry such
equipment (including but not restricted to, equipment designed to allow the
position of the boat to be monitored) as may be specified in the Regulations;
(g) for
requiring that any equipment carried as referred to in sub-paragraph (e)
or (f) be obtained, maintained or operated in such manner as may be specified
in the Regulations;
(h) for
prohibiting or restricting any action that may interfere with any equipment as
referred to in sub-paragraph (e) or (f), or the operation of such
equipment, or with any data recorded, transmitted or received by it, or any
action which would compromise the integrity of such equipment;
(i) for
prohibiting the use of any explosive or poisonous or noxious substance with
intent to take or destroy aquatic resources;
(j) for
restricting or prohibiting the deposit or discharge of any matter detrimental
to the marine environment in connection with taking aquatic resources;
(k) for
specifying the use to which aquatic resources taken may be put or restricting
or prohibiting the processing of aquatic resources before or after being taken
from the marine environment, or requiring aquatic resources to be kept in some
specified condition or kept in some specified environment after being taken
from the marine environment;
(l) for
restricting or prohibiting the sale or use of aquatic resources;
(m) for
restricting or prohibiting the exportation from Jersey of aquatic resources;
(n) for
granting licences or permits, whether by the Minister or another specified
person for any of the following –
(i) taking aquatic
resources from the marine environment,
(ii) the
development of aquatic areas,
and for conditions attached
to such licences or permits;
(o) for
specifying the form and manner in which a licence or permit shall be granted or
applied for, or a variation or renewal applied for or effected or a revocation
or suspension effected;
(p) for
requiring an application for a licence or permit to be accompanied by such
information as may be specified by the person to whom the application is made
relating to the environmental impact of any activity for which the licence or
permit is required, such person, in making any requirement for such
information, having regard to the scale of such activity and any similar
activities carried on (or proposed to be carried on) by any person;
(q) for
specifying the time when a licence or permit, or a variation, revocation or
suspension, shall have effect;
(r) for
fees to be charged for any licence or permit, including a fee for an
application for such licence or permit and for annual fees following the grant
of a licence or permit;
(s) for
the disposal of any aquatic resources taken in contravention of the Regulations
or any licence or permit under the Regulations in such manner as may be
specified in the Regulations, including forfeiture or return to the marine
environment;
(t) for
requiring the keeping of records, and the furnishing of returns and reports.
(2) Regulations
made under paragraph (1) may –
(a) include
provisions –
(i) requiring that a
person involved in the taking of aquatic resources or otherwise involved in
activities concerning an aquatic area (whether directly or indirectly) must be the
subject of a licence, permit, or other qualification, granted by a specified
person or specified authority of a specified country (which may include
Jersey),
(ii) for
determining whether any person involved in the taking of
aquatic resources or otherwise involved in activities concerning an aquatic
area (whether directly or indirectly) is a fit and proper person, and
(iii) for
licences or permits to be granted in respect of named boats to the owners or
charterers of any such boats;
(b) be
framed so as to apply only in relation to specified species of aquatic
resources or specified areas, or during specified periods, or according to such
other factors as may be specified in the Regulations; and
(c) prescribe
a maximum fine for contravention of any Regulation.
(3) Regulations
under this Article may not be made so as prejudicially to affect any right on,
to or over any portion of the sea or the sea-shore enjoyed by any person under
any enactment or grant from the Crown, without the consent of that person.
3 Offence
of contravening Regulations
(1) Subject
to Article 5, a person who contravenes any Regulation made under Article 2
shall be guilty of an offence and liable –
(a) to a
fine, if the Regulations have not prescribed a maximum fine for the purposes of
this paragraph; or
(b) to a
fine not exceeding the maximum so prescribed, if the Regulations have done so.
(2) The
court by which the offender is convicted may order the forfeiture of –
(a) anything
used in committing the offence (other than a boat);
(b) any aquatic
resources that were taken in contravention of the Regulations.
4 Liability
where boat used in contravention of Regulations
(1) If
a boat is used in any manner constituting a contravention of any Regulation made
under Article 2, or any such Regulation is contravened in the case of a
boat, the master, owner and the charterer (if any) shall each be guilty of an
offence under Article 3.
(2) Paragraph (1)
is without prejudice to whether or not any other person is liable for an
offence under such Regulations.
5 Exemption
for scientific research
(1) Nothing in Regulations
made under Article 2 shall apply in relation to anything done under the
authority of the Minister for the purpose of carrying out scientific research.
(2) In granting an
authorization for the purpose of this Article, the Minister –
(a) must
specify the description of person or the name of the person covered by the
authorization; and
(b) may
specify conditions attached to the authorization.
(3) A person shall not be
guilty of an offence under Article 3 by reason of anything done or omitted
to be done by the person in the course of scientific research if it is done or
omitted under the authority of the Minister for the purposes of this Article
and in accordance with any conditions specified by the Minister.
6 Officers
(1) The Minister may
appoint one or more persons as officers for the purposes of this Law.
(2) In addition to officers
appointed under paragraph (1), the following persons shall be deemed to be
officers for the purposes of this Law –
(a) the
Harbour Master and Deputy Harbour Master;
(b) an
assistant Harbour Master;
(c) a
person who is a British sea fishery officer by virtue of section 7 of the Sea
Fisheries Act 1968 of the United Kingdom; and
(d) a
police officer.
7 Powers
of officers
(1) For
the purposes of enforcing this Law or the Regulations, an officer, on producing
if required to do so some duly authenticated document showing his or her
authority, may –
(a) detain
any person who has committed, or whom the officer has reasonable cause to
suspect of having committed, an offence under this Law or the Regulations;
(b) go on
board any boat;
(c) require
any boat to stop and to do anything else to enable him or her to board it;
(d) stop,
enter and search any vehicle and examine any aquatic resources in it;
(e) enter
(at any reasonable time) any premises (other than a dwelling) used for carrying
on any business in connection with the treatment, storage or sale of aquatic
resources and without prejudice to the generality of the foregoing –
(i) examine any aquatic
resources on the premises,
(ii) require
any person on the premises to produce any documents in his or her custody or
possession relating to the taking, landing, sale or disposal of aquatic
resources, and
(iii) take
copies of any such document;
(f) if
the officer has entered premises pursuant to sub-paragraph (c) and has
reasonable cause to suspect that an offence under this Law or the Regulations
has been committed –
(i) search the
premises for any documents, or for any other thing, that may be evidence of
such an offence,
(ii) require
any person on the premises to do anything that appears to the officer to be
necessary for facilitating the search, and
(iii) seize
and detain any document produced to him or her under sub-paragraph (c) or
any document, or other thing, found during a search under clause (i);
(g) require
any person who claims to be the holder of a licence, or permit, granted under
this Law or the Regulations to produce that licence or permit;
(h) require
a person to produce any record, or other document, that the person is required
to create, maintain or hold under this Law or Regulations;
(i) examine
and take copies of any such record or other document or of a licence or permit
granted under this Law or Regulations;
(j) while
in a vehicle or in any place other than a dwelling, search for and examine any
instrument or receptacle used in catching, carrying holding or storing aquatic
resources or search for, examine and take samples of any matter the deposit or
discharge of which is restricted or prohibited under this Law or Regulations;
or
(k) require
any record, or other document, referred to in this paragraph to be rendered in
a visible and legible form or a form in which it may be removed.
(2) An
officer may seize –
(a) aquatic
resources in respect of which he or she has reasonable cause to suspect that an
offence under this Law or Regulations has been committed; and
(b) any
gear or other object –
(i) in respect of
which the officer has reasonable cause to suspect that an offence under this Law
or Regulations has been committed, or
(ii) that
the officer has reasonable cause to suspect has been used for taking aquatic
resources in respect of which any such offence has been committed.
(3) An
officer may sell, destroy or otherwise dispose of any aquatic resources seized
under paragraph (2) if the officer considers that it is not practicable to
maintain the aquatic resources in a suitable condition pending notice being
given under Article 8.
(4) An
officer may sell, destroy or otherwise dispose of any gear seized under paragraph (2)
if –
(a) notice
of the seizure has been given under Article 8;
(b) the
gear is not collected by the owner within 6 months after the notice is
given; and
(c) a
court has not ordered the forfeiture of the gear.
(5) Where
an officer who is not a police officer detains any person in pursuance of this Article,
he or she shall immediately report the matter to a police officer.
(6) The
powers conferred on an officer by this Article may be exercised in Jersey
or within the seaward limits of the territorial sea.
(7) The
powers of detention of persons, entry and search conferred on an officer by
this Article shall be in addition to and not in derogation from any powers of
detention, entry or search given to a police officer under any other enactment.
8 Action
where aquatic resources or gear seized
(1) If
aquatic resources are seized under Article 7(2) in the absence of its
owner (and of any person who has possession or control of the aquatic resources),
and the aquatic resources are not sold, destroyed, or otherwise disposed of
under Article 7(3), the Minister shall give notice of the seizure.
(2) If
gear is seized under Article 7(2) in the absence of its owner (and of any
person who has possession or control of it), the Minister shall give notice of
the seizure.
(3) Notice
under paragraph (1) or (2) shall –
(a) if
the Minister knows who the owner is and his or her address, or can by
reasonable inquiry discover those matters, be in writing served by post on the
owner; or
(b) in
any other case, be in writing published in the Jersey Gazette.
(4) The
Minister shall pay to the owner of aquatic resources seized under Article 7(2)
the reasonable wholesale value of the aquatic resources (as at the date of the
seizure) if –
(a) the aquatic
resources are disposed of under Article 7(2), but not by returning or
passing the resources to the owner (or to any person who had possession or
control of the aquatic resources immediately before seizure); and
(b) the Minister
knows who the owner is and his or her address or can by reasonable inquiry
discover those matters.
(5) Paragraph (4)
does not apply –
(a) if
the aquatic resources are returned immediately to the marine environment from
which they were taken;
(b) if a
court has ordered the aquatic resources to be forfeited under this Law;
(c) if
sale of the aquatic resources would be contrary to this Law or any other
enactment;
(d) if a
court has ordered that, in all the circumstances, payment under paragraph (4)
is unwarranted; or
(e) in
circumstances prescribed by the Regulations.
9 Obstruction
of officers
Any person who –
(a) fails
without reasonable cause to comply with any requirement imposed by an officer
under the powers conferred on such officers by Article 7;
(b) without
reasonable excuse prevents, or attempts to prevent, any other person from
complying with any such requirement; or
(c) intentionally
obstructs any such officer in the exercise of any of those powers,
shall be liable to a fine.
10 Protection of officers
(1) An officer shall not be
liable to any civil or criminal proceedings for anything done in the purported
exercise of the powers conferred on the officer by Article 7 if the court
is satisfied that the act was done in good faith, that there were reasonable grounds
for doing it and that it was done with reasonable care and skill.
(2) Paragraph (1) does
not apply to any act or omission that is unlawful as a result of Article 7(1)
of the Human Rights (Jersey)
Law 2000.
11 Recovery
of fines
Where a fine is imposed on the master, owner or charterer or a
member of the crew of a boat who is convicted of an offence under this Law, the
court may authorize the Viscount to seize and detain the boat and its gear and
any aquatic resources and any property of the person convicted for the purpose
of levying the amount of the fine.
12 Compensation for damage caused by offence
(1) Where, on convicting a
person of an offence under this Law or under Regulations, it appears to the
court that personal injury or damage to property has been caused by the
offence, the court may order the person convicted to pay, in addition to any
fine, a reasonable sum, not exceeding £5,000 (or, if the Regulations
prescribe another maximum, that other maximum instead), as compensation for the
injury or damage, and the sum when recovered shall be paid to the person who
has suffered the injury or damage.
(2) The provisions of this Article
shall not be taken to derogate from any right of a person who has suffered
personal injury or damage to property in consequence of an offence under this Law
to recover in respect thereof damages in civil proceedings.
13 Disposal
of forfeitures
(1) If
a court orders the forfeiture of any aquatic resources or gear under Article 3,
the aquatic resources or gear may be disposed of as the court directs and any
proceeds realized by the disposal shall be paid to the income of the States.
(2) The
court may order the forfeiture, and direct the disposal, of aquatic resources
under paragraph (1) even if the aquatic resources have already been sold,
destroyed or otherwise disposed of under Article 7(2).
14 False
statements
(1) A
person shall not knowingly or recklessly make any statement, or provide any
information, that is false or misleading in a material particular in or in
connection with any application, or in providing any information, under this
Law or Regulations.
(2) A
person who contravenes this Article shall be guilty of an offence and liable to
imprisonment for a term of 12 months and to a fine of level 4 on the
standard scale.
15 Evidence
Where any automatic
recording equipment is required to be carried by a boat in accordance with
Regulations under Article 2, any record produced by means of that
equipment or partly by that and partly by other means, shall, in proceedings
for an offence under this Law, be evidence of matters appearing from the
record.
16 General
provisions as to offences
(1) Where
an offence under this Law or the Regulations committed by a company, limited
liability partnership or separate limited partnership is proved to have been
committed with the consent or connivance of, or to be attributable to any
neglect on the part of –
(a) a
person who is a partner of the partnership, or director, manager, secretary or
other similar officer of the company; or
(b) any
person purporting to act in any such capacity,
the person shall also be
guilty of the offence and liable in the same manner as the partnership or
company to the penalty provided for that offence.
(2) Where
the affairs of a company are managed by its members, paragraph (1) shall
apply in relation to acts and defaults of a member in connection with his or
her functions of management as if the member were a director of the company.
17 Fees
(1) Fees,
if payable to the States, may, but need not, relate to the costs of the Minister
in administering this Law, the commercial value of the aquatic area, licence or
permit concerned, the profits of the business conducted by virtue of the
licence or permit, or any other factor.
(2) Where
this Law confers power to make Regulations with respect to fees, those Regulations
may provide for amounts of fees to be prescribed by the Minister by Order under
this Law and those fees (whether prescribed by Regulations or by Order) may,
but need not, relate to the costs of administering this Law, the commercial
value of a licence, permit or aquatic area to which the fee relates, the
profits of the business to which the licence or permit relates, or any other
factor.
18 Appeals
(1) Any
person aggrieved by –
(a) a
refusal to grant, vary or renew a licence, or permit, under this Law or Regulations;
(b) the
revocation or suspension of a licence, or permit, under this Law or Regulations;
or
(c) the
imposition of any conditions on a licence, or permit, under this Law or the Regulations,
or the variation of the conditions to which such a licence or permit is
subject, or a refusal to vary those conditions,
may within 28 days
after the day on which the person receives notice of the refusal, revocation,
suspension, imposition, or variation, as the case may be, appeal to the court.
(2) Once
it has heard an appeal under this Article, the court shall either dismiss the
appeal or give the Minister such directions as the court thinks fit as respects
the licence or permit that is the subject of the appeal and may make such
interim order as it thinks fit.
19 European
Community provisions
(1) Where
Community provisions that are restrictions or prohibitions relating to aquatic
resources are given effect by Regulations made under Article 2 of the European
Communities Legislation (Implementation) (Jersey) Law 1996, subject to
anything to the contrary in those Regulations, Article 7 confers the same
powers (and Article 8 applies to those powers) in relation to the
enforcement of such restrictions or prohibitions as it does in relation to the
enforcement of this Law.
(2) Without
limiting Article 2 of the European Communities Legislation
(Implementation) (Jersey) Law 1996, the States may, by Regulations under
this Law, make such provision as appears to them to be requisite for the
enforcement of any Community provision that is given effect as referred to in paragraph (1)
and such Regulations may in particular contain provisions that (with any
necessary modifications) apply, or correspond to, any provisions of this Law.
(3) In
this Article “Community provision” has the same meaning as in
Article 1 of the European Communities Legislation (Implementation)
(Jersey) Law 1996.
20 Regulations and Orders
An Order or Regulations may contain such transitional,
consequential, incidental or supplementary provisions as appear to the Minister
or the States, as the case may be, to be necessary or expedient for the
purposes of the Order or Regulations.
21 [2]
22 Citation
This Law may be cited as the Aquatic Resources (Jersey)
Law 2014 and shall come into force on such day or days as the States may
by Act appoint.