Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001

Revised Edition

14.825.72

Showing the law as at 1 January 2019

This is a revised edition of the law




Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001

THE STATES, in pursuance of Articles 2, 6 and 8 of the Sea Fisheries (Jersey) Law 1994,[1] having consulted with the Secretary of State and obtained his concurrence, have made the following Regulations –

Commencement [see endnotes]

1        Application

These Regulations apply to Jersey and the territorial sea of Jersey.

2        Minimum size for sea fish

Except as otherwise provided by these Regulations, for the purposes of Article 6 of the Sea Fisheries (Jersey) Law 1994,[2] the prescribed size for a description of sea fish mentioned in column 1 of a Part of the Schedule to these Regulations is the size prescribed in column 2 of that Part in respect of that description of sea fish.

3        Exemption – sardines, anchovy, herring, horse mackerel and mackerel

(1)     Regulation 2 shall not apply in respect of sardines, anchovy, herring, horse mackerel and mackerel, within a limit of 10% by live weight of the total catches retained on board of each of those species.

(2)     For the purpose of paragraph (1) the percentage of undersized fish shall be calculated as a proportion by live weight of all sea fish on board after sorting or on landing.

(3)     The percentage may be calculated on the basis of one or more representative samples.

(4)     The limit of 10% shall not be exceeded during transhipment, landing, transportation, storage display or sale.

(5)     Regulation 2 shall not apply in respect of sardines, anchovy, herring, horse mackerel and mackerel caught for live bait and retained on board alive.

4        Exemption – sea fish caught with towed gear of a mesh size less than 32 millimetres

(1)     Except as provided by paragraph (2), Regulation 2 shall not apply to sea fish caught with towed gear of a mesh size less than 32 millimetres if they are not sorted and are not sold, displayed or offered for sale for human consumption.

(2)     Paragraph (1) shall not apply in respect of target fish for towed nets with mesh sizes less than 32 millimetres as prescribed by the Sea Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001.[3]

5        Exemption – swordfish

A maximum of 15% in number of swordfish below the size prescribed by these Regulations may be landed.

6        Exemption – bluefin tuna

(1)     Except as provided by paragraph (2), a maximum of 15% in number of bluefin tuna below the size prescribed by these Regulations may be landed.

(2)     The fish must individually weigh between 3.5 and 6.4 kilograms and have been caught by accident.

7        Certain sea fish to be retained whole

(1)     Lobsters, crawfish, and bivalve and gastropod molluscs belonging to a species for which a size is prescribed by these Regulations must be retained on board whole.

(2)     Except as provided by paragraphs (3) and (4), edible crabs must be retained on board whole.

(3)     Where edible crabs are caught using pots or creels, a maximum of 1% by weight of the total catch of edible crabs or parts of edible crabs retained on board at any one time during a fishing voyage or landed at the end of a fishing voyage may consist of detached claws.

(4)     Where edible crabs are caught by other gear, a maximum of 75kg of detached claws may be retained on board at any one time during a fishing voyage or be landed at the end of a fishing voyage.

8        Transiting fishing vessels

(1)          This Regulation applies to a fishing boat –

(a)     that is passing through the area to which these Regulations apply while in the course of a fishing voyage;

(b)     that while in that area in the course of that voyage has not fished and has had its nets stowed in accordance with Regulation 6(2) of the Sea Fisheries (Log Books and Landing Declarations) (Jersey) Regulations 2001;[4] and

(c)     that does not intend to land fish in Jersey.[5]

(2)     A fishing boat to which this Regulation applies may have on board sea fish described in column 1 of Part 1 of the Schedule to these Regulations that are smaller than the size prescribed by Regulation 2 in respect of that description of fish.[6]

(3)     Except as otherwise provided by these Regulations, fish referred to in paragraph (2) shall not be smaller than any size prescribed in column 3 of Part 1 of the Schedule to these Regulations in respect of those fish.

9        Measuring sea fish

If more than one size is prescribed by these Regulations in respect of a sea fish, the fish is of the prescribed size if it is equal to or greater than one of those sizes.

10      Citation

These Regulations may be cited as the Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001.

 


SCHEDULE

(Regulations 2 and 8)

PART 1[7]

Column 1

Column 2

Column 3

Fish

Length in centimetres of whole fish measured from tip of snout to extreme end of tail fin

Anchovy (Engraulis encrasicolus)

12

12

Bass (Dicentrarchus labrax)

42

42

Black sea-bream (Spondyliosoma cantharus)

23

-

Blue ling (Molva dypterygia)

70

70

Brill (Scophthalmus rhombus)

30

-

Cod (Gadus morhua)

35

35

Conger eel (Conger conger)

58

-

Dab (Limanda limanda)

15

-

Flounder (Platichthys flesus)

25

-

Haddock (Melanogrammus aeglefinus)

30

30

Hake (Merluccius merluccius)

30

27

Herring (Clupea harengus)

20

20

Horse mackerel (Trachurus spp.)

15

15

Lemon sole (Microstomus kitt)

25

-

Ling (Molva molvar)

63

63

Mackerel (Scomber spp.)

20

20

Megrim (Lepidorhombus spp.)

25

20

Mullet (Mugil spp.)

20

-

Plaice (Pleuronectes platessa)

27

27

Pollack (Pollachius pollachius)

30

30

Red Mullet (Mullus surmuletus)

15

-

Red sea-bream (Pagellus bogaraveo)

25

-

Saithe (Pollachius virens)

35

35

Sardine (Sardina pilchardus)

11

11

Shad (Alosa species)

30

-

Sole (Solea spp)

24

24

Turbot (Psetta maximus)

30

-

Whiting (Merlangius merlangus)

27

27

Witche (Glyptocephalus cynoglossus)

28

-

PART 2

Column 1

Column 2

Fish

Length or weight

Bluefin tuna (Thunnus thynnus)

6.4 kilograms in weight or 70 centimetres in length measured from tip of snout to extreme end of tail fin

 

Swordfish (Xiphias gladius)

25 kilograms in weight or 125 centimetres in length measured from lower mandible to extreme end of tail fin

PART 3[8]

Column 1

Column 2

Fish

Length

Bean solen (Pharus legumen)

65 millimetres measured across the broadest part of the shell

 

Carpetshell (Venerupis pullastra)

38 millimetres measured across the broadest part of the shell

 

Clam (Venus verrucosa)

40 millimetres measured across the broadest part of the shell

 

Crabs –

 

 

(a)     Chancre (Edible crab) (Cancer pagurus)

14 centimetres measured across the broadest part of the back

 

(b)     Lady crab (Velvet crab) (Necora puber)

6.5 centimetres measured across the broadest part of the back

 

(c)     Spider crab (Maja brachydactyla)

A carapace length of 12 centimetres being the length measured from between the 2 horns to the rear end of the body shell along the centre line of the body shell

Crawfish (Palinurus spp.)

110 millimetres measured as the length of the body from the tip of the rostrum to the midpoint of the distal edge of the body shell

 

Donax clam (Donax spp.)

25 millimetres measured across the broadest part of the shell

 

Hard clam (Callista chione)

60 millimetres measured across the broadest part of the shell

 

Grooved carpetshell (Ruditapes decussatus)

40 millimetres measured across the broadest part of the shell

 

Lobster (Homarus gammarus)

87 millimetres measured from the rear of either eye socket to the rear end of the body shell along a line parallel to the centre line of the body shell

 

Nephrops (Nephrops norvegicus) –

 

 

(a)     whole Nephrops

25 millimetres measured from the rear of either eye socket to the rear end of the body shell along a line parallel to the centre line of the body shell or a total length of 85 millimetres measured from the tip of the rostrum to the rear end of the telson, not including the bristles (setae)

 

(b)        tail only

46 millimetres measured from the front edge of the first segment present of the tail to the rear end of the telson, not including the bristles (setae)

 

Ormer (Haliotis tuberculata)

9 centimetres measured across the broadest part of the shell

 

Prawn (Palaemon serratus)

50 millimetres measured from the tip of the rostrum to the rear end of the telson

 

Razor clam (Ensis spp.)

10 centimetres measured across the longest part of the shell

 

Scallop (Pectin maximus)

102 millimetres measured across the broadest part of the shell

 

Short-necked clam (Ruditapes philippinarum)

40 millimetres measured across the broadest part of the shell

 

Surf clam (Spisula solida)

25 millimetres measured across the broadest part of the shell

 

Queen scallop (Chlamys spp.)

40 millimetres measured across the broadest part of the shell

 

Whelk (Buccinum undatum)

45 millimetres long

PART 4

Column 1

Column 2

Fish

Weight

Octopus (Octopus vulgaris)

750 grammes

PART 5

Column 1

Column 2

Fish

Length

Deepwater rose shrimp (Parapenaeus longirostirs)

22 millimetres measured from the rear of either eye socket to the rear of the body shell along a line parallel to the centre line of the body shell


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Sea Fisheries (Minimum Size Limits) (Jersey) Regulations 2001

R&O.193/2001

1 January 2002

Sea Fisheries (Minimum Size Limits) (Amendment) (Jersey) Regulations 2002

R&O.90/2002

11 September 2002

Sea Fisheries (Minimum Size Limits) (Amendment No. 2) (Jersey) Regulations 2005

R&O.23/2005

12 April 2005

Sea Fisheries (Minimum Size Limits) (Amendment No. 3) (Jersey) Regulations 2007

R&O.24/2007

6 February 2007

Sea Fisheries (Minimum Size Limits) (Amendment No. 4) (Jersey) Regulations 2007

R&O.79/2007

26 June 2007

Sea Fisheries (Minimum Size Limits) (Amendment No. 5) (Jersey) Regulations 2016

R&O.68/2016

5 July 2016

Sea Fisheries (Minimum Size Limits) (Amendment No.6) (Jersey) Regulations 2018

R&O.88/2018

18 September 2018

Table of Renumbered Provisions

Original

Current

10

spent, omitted from this revised edition

11

10

Table of Endnote References



[1]                                    chapter 14.825

[2]                                    chapter 14.825

[3]                                    chapter 14.825.88

[4]                                    chapter 14.825.64

[5] Regulation 8(1)      amended by R&O.79/2007

[6] Regulation 8(2)      amended by R&O.79/2007

[7] Schedule                   Part 1 amended by R&O.23/2005, R&O.68/2016

[8] Schedule                   Part 3 amended by R&O.90/2002, R&O.24/2007, R&O.79/2007, R&O.88/2018


Page Last Updated: 23 May 2019