Sea
Fisheries (TCA – Licensing of Fishing Boats) (Amendment of Law and Regulations)
(Jersey) Regulations 2021
Made 23rd April 2021
Coming into
force 30th April 2021
THE STATES make these Regulations under Articles 2, 7,
12, 13 and 29 of the Sea Fisheries (Jersey) Law 1994[1] and Article 2 of the European Union Legislation (Implementation)
(Jersey) Law 2014[2] –
PART 1
Amendment
of Sea Fisheries (Jersey) Law 1994
1 Amendment of Sea Fisheries (Jersey) Law 1994
This Part amends the Sea
Fisheries (Jersey) Law 1994[3].
2 Article 1 (interpretation) amended
In Article 1 –
(a) after the definition
“police officer” there is inserted –
“ “qualifying vessel” is construed in accordance with Article FISH.10
of the TCA and includes a vessel that is a substitute vessel under Article
7(2)(j) of this Law;”;
(b) after the definition
“shellfish” there is inserted –
“ “TCA” means the trade and cooperation agreement between the
European Union and the European Atomic Energy Community, of the one part, and
the United Kingdom of Great Britain and Northern Ireland, of the other part,
signed in Brussels and London on 30th December 2020;”.
3 Article 7 (power to restrict sea fishing) amended
In Article 7 –
(a) in paragraph (1)
after “giving effect to” there is inserted “the TCA or”;
(b) in paragraph (2)
after sub-paragraph (i) there is inserted –
“(j) provide that a person or
authority who may grant a licence under this Law or the Regulations must do so
only if –
(i) the vessel is a qualifying vessel as
construed in accordance with Article FISH.10 of the TCA, or
(ii) a vessel that replaces a
qualifying vessel (“a substitute vessel”) or replaces another substitute vessel
and which uses the same method and gear as the vessel it replaces and does not
exceed any of following characteristics of the vessel it replaces, as measured
in accordance with Regulation (EU) 2017/1130 of the European Parliament and of
the Council of 14 June 2017 defining the characteristics for fishing vessels
(OJ L 169, 30.6.2017, p.1) –
(A) engine power,
(B) length overall,
(C) breadth,
(D) gross tonnage.”;
(c) after paragraph (2) there
is inserted –
“(2A) The
States may by Regulations amend the characteristics referred to in paragraph (2)(j)(ii)
and the method by which they are measured or determined.”.
4 Article 9 (restriction on fishing by foreign fishing boats)
amended
In Article 9(3)
after “shall each” there is inserted “commit an offence and”.
5 Article 10 (European Union provisions) amended
In Article 10(1)(a)
for “extended territorial sea” there is substituted “territorial sea”.
6 Article 12 (licences and permits) amended
In Article 12 –
(a) in paragraph (1) –
and (b) for “in any specified area of the territorial sea” there is substituted
“in the territorial sea or any specified area of the territorial sea”;
(i) in sub-paragraph (a) for “in any specified
area of the territorial sea” there is substituted “in the territorial sea or
any specified area of the territorial sea”,
(ii) in sub-paragraph (b) for
“in any specified area outside the territorial sea” there is substituted
“outside the territorial sea or any specified area outside the territorial
sea”,
(b) in paragraph (2) for
“in the specified area” there is substituted “or in a specified area”;
(c) in paragraph (6) after
sub-paragraph (d) there is inserted –
“(e) using a specified
description or quantity of gear, or both.”;
(d) in paragraph (10) after
“of paragraph (7)(c)” there is inserted “, including by reference to
any method specified in the TCA”;
(e) in paragraph (11) after
“in such form” there is inserted “and in such manner”;
(f) after paragraph (12)
there is inserted –
“(12A) The Minister may issue a
licence only in respect of a fishing boat that is not a Jersey fishing boat if
it is –
(a) a qualifying vessel; and
(b) has a national licence and
any other authorisations required by regional, national or international law.
(12B) If
the Minister considers it appropriate, the Minister may make public a record of
all licences and replacement licences issued to all fishing boats and the
details of the conditions of each licence.”.
7 Article 18 (obstruction of officers) amended
In Article 18 for “shall
be liable to a maximum fine of £50,000 in respect of the first conviction of
the person for an offence against this Article or £100,000 in respect of a
second or subsequent conviction of the person for an offence against this
Article” there is substituted “is liable to imprisonment for a term of 2 years
and to a fine”.
8 Article 20A (further provisions relating to fines) inserted
After Article 20
(recovery of fines) there is inserted –
“20A Further provisions relating to
fines
Where a fine is imposed on the master, owner or charterer or a
member of the crew of a fishing boat –
(a) the Viscount may inform
the Minister of the person on whom the fine was imposed and the amount of any
fine that has not been paid or levied; and
(b) the Minister may suspend
the operation of a licence until the fine is paid or the amount of the fine is
levied, whichever occurs first, and where a licence has been suspended the
Minister may not issue another licence in substitution of the suspended licence.”.
9 Article 23 (false statements) amended
In Article 23(2) for
“12 months and to a fine of level 3 on the standard scale” there is
substituted “2 years and to a fine”.
10 Article 26 (Regulations about licences and permits) amended
In Article 26 after
sub-paragraph (d) there is inserted –
“(da) the address (including an
email address) for service of documents and notices;”.
11 Article 29 (Regulations and Orders) amended
In Article 29(3)
after sub-paragraph (c) there is inserted –
“(ca) prescribe the form of a
licence or permit;
(cb) require that fishing boats
have on board and make use of prescribed equipment capable of relaying the
boat’s location or position in real time to a prescribed monitoring facility;”.
PART 2
Amendment
of the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003
12 Amendment of the Sea Fisheries (Licensing of Fishing Boats)
(Jersey) Regulations 2003
This Part amends the Sea
Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003[4].
13 Regulation 1 (interpretation) amended
In Regulation 1 –
(a) the definitions “access
permit” and “Agreement” are deleted;
(b) in the definition “Area” for
“Agreement” there is substituted “former Agreement”;
(c) after the definition
“electronic means” there is inserted –
“ “EU fishing boat” means a fishing boat that is registered in
a member State of the European Union;”;
(d) in the definition
“exchange of notes” for “Agreement” there is substituted “former Agreement”;
(e) in the definitions
“fishing boat licence” and “fishing permit” for “granted as referred to in
Regulation 2” there is substituted “issued by the Minister under these
Regulations”;
(f) after the definition
“fishing permit” there is inserted –
(g) after the definition
“territorial sea” there is inserted –
14 Regulation 2 (fishing in the territorial sea of Jersey:
licences, permits and lists) substituted
For Regulation 2 there is
substituted –
“2 Fishing in the territorial sea: licences
and permits
(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.”.
15 Regulation 3 (fishing by Jersey boats in adjacent waters: licences
and permits) substituted
For Regulation 3 there is
substituted –
“3 Fishing by Jersey boats
outside the territorial sea: licences and permits
(a) the
territorial sea;
(b) the
territorial sea of Guernsey; and
(c) the
EEZ of the United Kingdom, as defined in Article FISH.3 of the TCA.
(2) A
fishing boat licence authorising fishing in the territorial waters of 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 FISH.10 of the TCA.
(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.”.
16 Regulation 3A (fishing in the Frouquier Aubert protected area)
amended
In Regulation 3A –
(a) sub-paragraph (2)(d) is
deleted;
(b) for paragraph (3) there
is substituted –
“(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.”.
17 Regulations 4 (requirement to carry access permit) and 4A
(requirement to carry fishing permit) substituted
For Regulations 4 and
4A there is substituted –
(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.”.
18 Regulation 6 (classes of licenses and permits) amended
In Regulation 6(1)
“, access permit” is deleted in both place it occurs.
19 Regulation 7 (fees for license and
permits) amended
In Regulation 7 –
(a) in paragraph (1)(b) for
“an access permit or fishing permit (or of both permits)” there is substituted
“a fishing permit”;
(b) in paragraph (2)
after “to which paragraph (1) refers” there is inserted “and the period of the duration of a fishing boat licence or
fishing permit for which the fee is payable”;
(c) in paragraphs (3)
and (4) “, access permit” is deleted.
20 Regulation 8 (address for service on owner
or charterer) amended
In Regulation 8 –
(a) for paragraphs (1)
and (1A) there is substituted –
(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.”;
(b) in paragraph (1B) –
(i) for “paragraph (1) or (1A)” there is
substituted “paragraph (1)”,
(ii) in sub-paragraph (b)
“or, as the case may be, (1A)” is deleted;
(c) after paragraph (3)
there is inserted –
21 Regulation 9 (grant of licence or permit) amended
In Regulation 9 –
(a) for “licence, an access
permit” there is substituted “fishing boat licence”,
(b) in sub-paragraph (c)
after “or registered office,” there inserted “or to the email address provided
under Regulation 8(1),”.
22 Regulation 9A (limit on grant of fishing
permit) amended
In Regulation 9A –
(a) in sub-paragraph (a)
for “Regulations 2(6A)” there is substituted “Regulations 2(2)”;
(b) in sub-paragraph (b) –
(i) for “in the Area” there is substituted “in
the territorial sea”,
(ii) for Regulations 2(6A)”
there is substituted “Regulations 2(2)”.
23 Regulation 10 (variation, suspension or revocation) amended
In Regulation 10 –
(a) in paragraph (1) –
(i) for “licence, an access permit” there is
substituted “fishing boat licence”,
(ii) for “licence, access
permit” there is substituted “fishing boat licence”,
(iii) in sub-paragraph (c) after
“or registered office,” there inserted “or to the email address provided under
Regulation 8(1),”;
(b) in paragraph (2) for
“licence, an access permit” there is substituted “fishing boat licence”;
(c) in paragraph (6)(b),
clauses (i) and (iii) are deleted.
24 Regulation 11 (delivery or notification by several modes)
amended
In Regulation 11 –
(a) in sub-paragraphs (a)
and (b) “, an access permit” is deleted;
(b) “, access permit” is
deleted in both places.
25 Regulation 12 (deferred effect) amended
In Regulation 12 –
(a) in sub-paragraphs (a)
and (b) “, an access permit” is deleted;
(b) “, access permit” is
deleted in each place.
26 Regulation 12A (period for which licence in force) amended
In Regulation 12A
after paragraph (5) there is inserted –
27 Regulation 13 (effect of lodging appeal) amended
In Regulation 13 –
(a) in paragraphs (1),
(2) and (3) “, an access permit” is deleted;
(b) in paragraphs (1),
(2) and (3)(c) and (d) “, access permit” is deleted.
28 Regulation 14 (maximum penalties) deleted
Regulation 14 is deleted.
PART 3
citation
and commencement
29 Citation and commencement
These Regulations may be
cited as the Sea Fisheries (TCA – Licensing of Fishing Boats) (Amendment of Law
and Regulations) (Jersey) Regulations 2021 and come into force 7 days
after they are made.