Sea Fisheries
(Fisheries) (Jersey) Regulations 2010
THE STATES, in pursuance of Articles 2
and 8 of the Sea Fisheries (Jersey) Law 1994, having consulted with the Secretary of State and obtained his
concurrence, have made the following Regulations –
Commencement [see
endnotes]
1 Restriction on the establishment of
fisheries
A person must not establish or maintain a
fishery in the sea landwards of the outer limit of the extended territorial sea
adjacent to Jersey except with and in accordance with a licence granted by the
Minister under these Regulations.
2 Application
for licence
An application for a licence for a fishery must be made to the
Minister on a form provided or approved for the purpose by the Minister and
must be accompanied by –
(a) sufficient information
to enable the Minister to determine the application; and
(b) any fee prescribed by
the Minister by Order.
3 Application
to be published
(1) The Minister must
publish a notice of an application for a licence for a fishery in a manner that
is likely to bring the notice to the attention of those who would be affected
by the fishery were the licence to be granted.
(2) The notice
must –
(a) contain
details of the application; and
(b) seek
comments from those who consider that they would be affected by the fishery
were the licence to be granted.
4 Determination
of application
(1) The Minister shall not
grant a licence for a fishery sooner than 28 days after the notice
mentioned in Regulation 3 is first published.
(2) If a person who the
Minister considers would be affected by the fishery were the licence to be
granted objects to the grant of the licence, the Minister must appoint a
fishery officer to report to the Minister on the objection.
(3) The Minister may
request any person or body of persons the Minister considers represents the
interests of persons operating fisheries to comment on an application for a
licence for a fishery.
(4) In considering an
application for a licence for a fishery the Minister must take into
account –
(a) any
report mentioned in paragraph (2);
(b) any
comment received as the result of a request made under paragraph (3);
(c) whether
the applicant has a sufficiently close association with Jersey to be able to
run and maintain the fishery in an efficient manner; and
(d) any
other matters the Minister considers to be in the best interest of Jersey.
(5) In paragraph (2),
“fishery officer” means a person appointed under Article 15(1)
of the Sea Fisheries (Jersey)
Law 1994 as a fishery officer.
5 Licence
(1) The Minister must
specify in a licence granted in respect of a fishery –
(a) the
term of the licence, being any period not exceeding 9 years;
(b) the
area in which the fishery may be established and maintained;
(c) the
kind of fish to which the fishery relates and the method of fishing that may be
used; and
(d) any
conditions, restrictions or exceptions applicable to the licence.
(2) Those conditions may
include conditions as to the payment of fees prescribed by the Minister by
Order, whether –
(a) on or
before the grant or renewal of the licence;
(b) on
the submission of returns in relation to the activity of the fishery to which
the licence relates; or
(c) on
any other basis.
(3) Those conditions may
also include conditions designed to ensure that the holder of the licence must
continue to retain a sufficiently close association with Jersey to be able to
run and maintain the fishery in an efficient manner.
6 Effect
of licence
(1) Except as provided by
any conditions, restrictions or exceptions specified in a licence granted under
these Regulations, the holder of such a licence has within the area specified
in the licence the exclusive right to deposit, propagate, dredge, fish for and
take fish of the kind specified in the licence.
(2) In the exercise of that
right, the holder of the licence may –
(a) make
and maintain beds for the fish;
(b) maintain
cages, pontoons or other structures that are anchored or moored in the sea to
propagate the fish;
(c) at
any season collect the fish and remove them from place to place and deposit
them as and where the holder thinks fit; and
(d) do
anything else that the holder thinks proper to obtain, store or dispose of the
produce of the fishery.
(3) Except as provided by
any arrangement made by the holder of the licence, the fish mentioned in
paragraph (1) –
(a) are
the property of the holder; and
(b) are
to be taken to be in the actual possession of the holder.
7 Protection
of fisheries
(1) This Regulation applies
in an area specified as a fishery in a licence granted under these Regulations.
(2) A person must not use
an implement to fish in the area other than –
(a) a
line and hook; or
(b) a net
that is used so as not to disturb or injure fish of the kind specified in the
licence or any bed or cage or other structure of the fishery.
(3) A person must not
deposit ballast, rubbish or any other substance in the area.
(4) A person must
not –
(a) dredge
for ballast or any other substance in the area;
(b) place
any implement, apparatus or thing in the area that is prejudicial or likely to
be prejudicial to the kind of fish specified in the licence or to any, bed,
cage or structure that forms part of the fishery; or
(c) disturb
or injure in the area fish of the kind specified in the licence or any bed,
cage or structure that forms part of the fishery.
(5) This Regulation does
not apply to –
(a) the
holder of the licence; or
(b) an
employee or agent of the holder acting on the instructions of the holder.
8 Saving
A licence granted under these Regulations does not give its holder a
right that overrides any right to which any other person may be entitled by
virtue of any –
(a) Charter;
(b) Letters Patent;
(c) Crown Grant; or
(d) long usage.
9 Transitional
provision
(1) A licence issued under
the Sea Fisheries (Establishment and Regulation of Fisheries) (Jersey)
Regulations 1998 and in force immediately before 27th April 2010 shall be taken
to have been granted under these Regulations.
(2) It shall be taken to
have been granted for a period expiring at the same time as it would have
expired under the Sea Fisheries (Establishment and Regulation of Fisheries)
(Jersey) Regulations 1998.
10 Citation
These Regulations may be cited as the Sea Fisheries (Fisheries)
(Jersey) Regulations 2010.