Sea Fisheries
(Les Minquiers) (Jersey) Regulations 2007
THE STATES, in pursuance of Articles 2,
5, 8 and 29 of the Sea Fisheries (Jersey) Law 1994, and having consulted with and obtained the concurrence of the Secretary
of State, have made the
following Regulations –
Commencement [see endnotes]
1 Interpretation
In
these Regulations, “Les Minquiers” means the area –
(a) that
is bounded by straight lines drawn in the sequence set out in Column 1 of
the Schedule, as determined in accordance with European Datum 1950; and
(b) that
is bounded by straight lines drawn in the sequence set out in Column 2 of
the Schedule, as determined in accordance with the World Geodetic
System 1984.
2 Restrictions
on the use of pots and traps in Les Minquiers
(1) No
person shall use, or cause to be used, for the purpose of fishing for sea fish
in Les Minquiers, or leave in the sea within Les Minquiers –
(a) any
parlour pot;
(b) any
pot, other than a pot with an entrance that is –
(i) straight and
unobstructed,
(ii) at
least 14 cms wide,
(iii) made
of rigid material, and
(iv) located
in the top part of the pot; or
(c) any
pot or trap that is so constructed that fish (other than molluscs), having
entered it, cannot escape from it.
(2) Paragraph (1)
does not apply to an owner, master, or charterer, of a registered fishing boat
(or a person acting on behalf of such a person), in respect of a pot to which
paragraph (1)(b) would otherwise apply, if –
(a) the
Minister has under paragraph (3) authorized the use of the pot by the
owner, master, or charterer and a person acting on behalf of such a person; and
(b) the
pot has attached to it a tag, issued by a person authorized to do so by the
Minister, specifying the registration number of the fishing boat and the year
or years for which the pot tag is valid.
(3) The
Minister may, for the purposes of paragraph (2), authorize the use of a
pot by an owner, master, or charterer, of a registered fishing boat, and a
person acting on behalf of such a person, if the Minister is satisfied that the
pot was used at Les Minquiers before 19th November 2005 by the owner,
master, or charterer or a person acting on behalf of such a person.
3 Transitional
provisions
A device that is, before
9th May 2007, issued by the Jersey Fishermen’s Association in relation to
a pot and that is a device referred to by that Association as a pot tag shall
be taken to be a pot tag issued under Regulation 2(2) in relation to the
pot by a person authorized by the Minister.
4 Citation
These Regulations may be
cited as the Sea Fisheries (Les Minquiers) (Jersey) Regulations 2007.