Sea Fisheries
(Licensing of Fishing Boats) (Jersey) Regulations 2003[1]
PART 1
PRELIMINARY
1 Interpretation
In these Regulations, unless the context
otherwise requires –
“access permit” means an access permit granted as
referred to in Regulation 2;
“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;
“Agreement” means the Agreement concerning Fishing in
the Bay of Granville between the United Kingdom and the Republic of France,
signed on 4th July 2000;
“Area” means the waters referred to as such in the
Agreement;
“electronic means” includes facsimile transmission and
any method of transferring data by computer;
“exchange of notes” means the exchange of notes that is
associated with the Agreement and concerns access to fishing in certain zones
in the Bay of Granville area;
“fishing boat licence” means a licence granted as
referred to in Regulation 2;
“fishing permit” means a fishing permit granted as
referred to in Regulation 2;
“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;
“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.[2]
PART 2
RESTRICTIONS ON SEA FISHING
2 Fishing
in the territorial sea of Jersey: licences, permits and lists[3]
(1) In the territorial sea,
fishing by a British fishing boat is prohibited unless authorized by a fishing
boat licence granted by the Minister.
(2) In any part of the Area
(except Zone C and Zone D), being a part that is within the territorial sea,
fishing by a French fishing boat is prohibited unless authorized by an access
permit that has been granted by an authority of the French Republic and is in
force in respect of the boat and the part.
(3) In any part of the
Area, being a part that is within the territorial sea, fishing by a British
fishing boat is prohibited unless authorized by an access permit that has been
granted by the Minister and is in force in respect of the boat and the part.
(4) In Zone A or Zone B,
fishing by a French fishing boat is prohibited unless the boat is referred to
in the lists in force for that Zone under the exchange of notes and the boat is
the subject of an access permit that has been granted by an authority of the
French Republic and is in force in respect of the boat.
(5) In Zone C or Zone D,
fishing by a French fishing boat is prohibited unless the boat is referred to
in the lists in force for that Zone under the exchange of notes and the fishing
is authorized by an access permit that has been granted by an authority of the
French Republic and is in force in respect of the boat and the Zone.
(6) In the part of the
territorial sea that is specified in paragraph 9(b) of the exchange of notes
(that is, the whelk box), fishing by a French fishing boat is prohibited unless
there is an access permit in force in respect of the boat and the boat is
fishing only for whelk.
(6A) In any part of the Area, being a part
that is within the territorial sea, fishing with beam trawls by any fishing
boat is prohibited unless authorized by a fishing permit that has been granted
by the Minister or an authority of the French Republic and is in force in
respect of the boat and the Area.[4]
(7) For the avoidance of
doubt, it is hereby declared that, for the purposes of this Regulation, if
something is not done in accordance with the terms or conditions of a licence,
an access permit or a fishing permit it is not authorized by that licence,
access permit or fishing permit.[5]
3 Fishing
by Jersey boats in adjacent waters: licences and permits[6]
(1) In any part of the
Area, being a part that is within the territorial sea of France, fishing by a
Jersey fishing boat is prohibited unless authorized by –
(a) a
fishing boat licence valid for that part; and
(b) an
access permit valid for that part and granted by the Minister.
(2) In Zone E or Zone F,
fishing by a Jersey fishing boat is prohibited unless the boat is referred to
in the lists in force for that Zone under the exchange of notes and the fishing
is authorized by an access permit that has been granted by the Minister and is
in force in respect of the boat and the Zone.
(2A) In any part of the Area, being a
part that is within the territorial sea of France, fishing with beam trawls by
a Jersey fishing boat is prohibited unless authorized by a fishing permit that
has been granted by the Minister and is in force in respect of that boat and
the Area.[7]
(3) For the avoidance of
doubt, it is hereby declared that, for the purposes of this Regulation, if
something is not done in accordance with the terms or conditions of a licence,
an access permit or a fishing permit it is not authorized by that licence,
access permit or fishing permit.[8]
3A Fishing
in the Frouquier Aubert protected area[9]
(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) by an
authority of the French Republic,
and is in force in respect of the boat or boats and the protected
area.
(3) For the avoidance of
doubt, it is hereby declared that, for the purposes of this Regulation, if
something is not done in accordance with the terms or conditions of a fishing
permit it is not authorized by the fishing permit.
(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 access permit
If an access permit is in force in respect of a boat, the permit
shall be carried on the boat –
(a) in the case of a Jersey
fishing boat, whenever it is in the Area;
(b) in the case of a French
fishing boat, whenever it is in any part of the territorial sea; or
(c) in the case of any
British (but not Jersey) fishing boat, whenever it is in the territorial sea.
4A Requirement
to carry fishing permit[10]
If a fishing permit is in force in respect of a boat, the permit
shall be carried on the boat –
(a) in the case of a Jersey
fishing boat, whenever it is in the Area;
(b) in the case of a French
fishing boat, whenever it is in a part of the Area, being a part that is within
the territorial sea; or
(c) in the case of a
British (but not Jersey) fishing boat, whenever it is in a part of the Area
that is within the territorial sea.
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.[11]
PART 3
LICENCES AND PERMITS
6 Classes
of licences and permits[12]
(1) The
Minister may determine any description of fishing boat licence, access permit
or fishing permit to be a class of fishing boat licence, access permit or
fishing permit, as the case may be, for the purposes of these Regulations.
(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[13]
(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 an access permit or fishing permit (or of both permits).
(2) The
Minister may by Order prescribe the amounts of any fees to which paragraph (1)
refers.
(3) A
fee so prescribed shall be payable by the person to whom the licence, access
permit or fishing permit is granted or (as the case may be) for whom it is
renewed.
(4) The
fee shall be payable on the grant or renewal (as the case may be) of the
licence, access permit or fishing permit.
8 Address
for service on owner or charterer
(1) An owner or charterer
of a Jersey fishing boat who applies to the Minister for a fishing boat licence
for that boat shall, subject to paragraph (1B), provide the Minister with
an address for service in Jersey.[14]
(1A) An owner or a charterer of a
fishing boat that is not a Jersey fishing boat who applies to the Minister
for a fishing boat licence for that boat shall, subject to paragraph (1B),
provide the Minister with an address for service in –
(a) Jersey;
or
(b) the
country or place in which that fishing boat is registered.[15]
(1B) An address for service that is
required to be provided under paragraph (1) or (1A) –
(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)
or, as the case may be, (1A).[16]
(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.
9 Grant
of licence or permit
Subject to Regulations 11 and 12, a licence, an access permit 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, 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.[17]
9A Limit
on grant of fishing permit[18]
For the purposes of –
(a) Regulations 2(6A) 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 Area, being a fishing permit required by Regulations 2(6A)
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 licence, an access
permit 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 licence, access permit 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, 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.[19]
(2) Subject to Regulations
11 and 12, the variation, suspension or revocation of a licence, an access
permit 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.[20]
(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.[21]
(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.[22]
(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.[23]
(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) all access permits,
(ii) all
fishing permits,
(iii) all
access permits of a class determined by the Minister under Regulation 6,
or
(iv) all
fishing permits of a class determined by the Minister under Regulation 6.[24]
11 Delivery
or notification by several modes[25]
Subject to Regulation 12, if –
(a) a licence, an access
permit or a fishing permit; or
(b) a notice of the
variation, suspension or revocation of a licence, an access permit 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, access permit 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, access permit or fishing permit or notice is delivered or given.
12 Deferred
effect[26]
Where –
(a) a licence, an access
permit or a fishing permit; or
(b) a notice of the
variation, suspension or revocation of a licence, an access permit or a fishing
permit,
specifies on its face that the licence, access permit 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, access permit or fishing permit or notice is
delivered or given, the licence, access permit or fishing permit, or the
variation, suspension or revocation, shall take effect at the time shown on the
face of the licence, access permit, fishing permit or notice.
12A Period for which
licence in force[27]
(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) [28]
(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.
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, an access permit or a fishing permit after the revocation or
suspension has taken effect, the licence, access permit or fishing permit comes
back into force as from the time when the appeal is lodged.[29]
(2) If an appeal is lodged
under Article 28 of the Law against the revocation or suspension of a
licence, an access permit or a fishing permit before the revocation or suspension
has taken effect, the licence, access permit or fishing permit continues in
force even after the revocation or suspension would, but for this Regulation,
have taken effect.[30]
(3) A licence, an access
permit 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, access permit 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.[31]
PART 4
MISCELLANEOUS
14 Maximum
penalties
For the purposes of Article 12(17) of the Law, the maximum
penalty is £20,000 in respect of the first conviction of a person for an
offence against that Article or £40,000 in respect of a second or
subsequent conviction of a person for an offence against that Article.
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.