Sea Fisheries
(Miscellaneous Provisions) (Jersey) Regulations 1998[1]
THE STATES, in pursuance of Articles 2, 5, 8 and 29 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 Application
These Regulations apply to Jersey
and the territorial sea of Jersey.
1A Prohibition
on selling, etc. of sea fish coming from unlicensed fishing boat[2]
(1) No
person shall sell any sea fish or, with the intention of selling them, process,
keep or carry any sea fish, that –
(a) have
been landed in Jersey having not previously been landed elsewhere; and
(b) the
person knows, or ought reasonably to suspect, have been caught by, or landed or
transhipped from, an unlicensed fishing boat.
(2) In
this Regulation –
“fishing licence” means a licence or
permit authorizing fishing unconditionally or subject to certain conditions and
granted by the authority of any country or territory that is empowered to
authorize fishing by that boat;
“unlicensed fishing boat” means a fishing
boat in respect of which no fishing licence is in force, whether or not the
boat is registered in any country or territory.
2 Prohibition
of the use of certain substances
No person shall use or
cause to be used in the sea any explosive, poisonous or noxious substance with
intent to take or destroy sea fish.
3 Prohibition
of the deposit or discharge into the sea of certain matter
No person shall deposit
or discharge or cause to be deposited or discharged into the sea any ash, cinders,
oil spirit or petroleum spirit.
4 Restrictions
relating to ormers
(1) Subject
to paragraph (2), no person shall, at any time other than on a permitted
day –
(a) fish
for or take ormers (Haliotis
tuberculata);
(b) retain
fresh ormers in his or her possession; or
(c) export
fresh ormers from Jersey.
(2) Paragraph (1)
does not apply to any person –
(a) acting
with the authority of the Minister, for the purpose of –
(i) scientific
investigation, or
(ii) transplanting
ormers from one fishing ground to another; or
(b) exercising
a right of fishery conferred by a licence issued by the Minister pursuant to Regulation 3(1)
of the Sea Fisheries (Establishment and Regulation of Fisheries) (Jersey)
Regulations 1998.
(3) In
this Regulation “permitted day”
means any day which –
(a) falls
between 30th September and 1st May next; and
(b) is
the first day of a new moon, the first day of a full moon, or –
(i) for the purposes
of paragraph (1)(a) and (c), one of the 3 days immediately following
such a day, or
(ii) for
the purposes of paragraph (1)(b), where the possession is on a vessel, one
of the 3 days immediately following such a day and where the possession is
on land, one of the 5 days immediately following such a day.[3]
(4) No
person shall export from Jersey an ormer that is not a fresh ormer.[4]
5 Fishing
for soft-shelled spider crabs banned in certain periods[5]
(1) This
Regulation applies to a spider crab (Maja
brachydactyla) that –
(a) has
cast, or appears to have cast, its shell within the preceding 5 months; and
(b) possesses
one or both of the following characteristics –
(i) sharp and unworn
walking legs,
(ii) absence
of barnacles, sponges and other marine animals from its carapace.
(2) A
person must not –
(a) fish
for or take a spider crab to which this Regulation applies; or
(b) store
a live spider crab to which this Regulation applies,
during a period specified
by the Minister by Order under this Regulation.
(3) A
period so specified cannot exceed 3 months.
(4) In
this Regulation –
“store” means to keep in a vivier located
on land, in a nourrice or in any other container.
5A Protection
of soft-shelled spider crabs from damage by gear[6]
(1) A
person must not use passive gear during a specified period and in a specified
area of the sea.
(2) In
this Regulation –
“passive gear” means fishing gear for
which the catch operation does not require an active movement of the gear, and
includes –
(a) a
gillnet;
(b) an
entangling net;
(c) a
trammel net; and
(d) a
trapnet;
“specified” means specified by the Minister
by Order under this Regulation for the purpose of the protection of spider
crabs to which Regulation 5 applies.
6 Prohibition
of the taking of sea fish by foul hooking
(1) Subject
to paragraph (2), no person shall use or cause to be used for the purpose
of fishing for sea fish any hooks and lines which include any instrument or
device, such as a murderer, fluke bar, strokehaul or snatch, calculated to foul
hook any fish.
(2) In
this Regulation the expression “sea fish”
does not include sand eels (Ammodytes) or
squid and cuttlefish (Cephalopoda).
7 Requirements
of escape gaps in parlour pots
No person shall use or
cause to be used for the purpose of fishing for sea fish any parlour pot, of
whatever material constructed, unless –
(a) it
has at least one unobstructed escape gap which shall be located in the lowest part
of the parlour area on a side or sides of the parlour or the bottom of the
parlour pot; and
(b) it
is so designed and constructed and each escape gap is of sufficient size that
there may be easily passed through the escape gap and completely inserted into
the parlour pot, whether the parlour pot is wet or dry, a rigid box-shaped
gauge which –
(i) in
the case of an escape gap located on a side of the parlour pot, shall be a
gauge 79 millimetres wide, 44 millimetres high and
100 millimetres long, and
(ii) in
the case of an escape gap located on the bottom of the parlour pot, shall be a
gauge 199 millimetres wide, 44 millimetres high and
100 millimetres long.
8 Requirement
for marking of fishing gear
(1) Except
as provided in paragraph (3), no person shall leave or cause to be left in
or on the sea any fishing gear unless the fishing gear, or a buoy attached by a
line to the fishing gear, is indelibly and distinctly marked with –
(a) in
the case of fishing gear left from a Jersey fishing boat or from any other
fishing boat registered under the laws of any other place, the number assigned
to the boat on registration or, if none, the name of the boat; and
(b) in
any other case, the name and address of the owner of the fishing gear,
and the marking conforms
with the requirement described in paragraph (2).[7]
(2) The
requirement is that the marking is plainly visible on or above the surface of
the sea –
(a) in
the case of fishing gear left on the surface of or partially submerged in the
sea, at all times; and
(b) in
the case of fishing gear left fully submerged in the sea, for a period of not
less than one hour in each period which commences at high water and ends at the
next high water.
(3) No
person shall be required to mark fishing gear used in connection with
mariculture which is left by him or her or caused by him or her to be left in
or on the sea in exercise of a right of fishery conferred by a licence issued
by the Minister pursuant to Regulation 3(1) of the Sea Fisheries
(Establishment and Regulation of Fisheries) (Jersey) Regulations 1998.
(4) In
this Regulation, “fishing gear”
means any pot, trap, net or other fishing gear, or any store box or nourrice or
any other thing used in connection with fishing, the keeping alive of fish or
mariculture.
8A Interpretation
of this Regulation and Regulations 8B, 8C, 8D and 8E[8]
In this Regulation and
Regulations 8B, 8C, 8D and 8E, unless the context otherwise requires –
“French
authority” means the Préfet de Haute-Normandie or the
Préfet de Bretagne or another person designated the responsibility for
the issue of permits, licences or authorities in relation to sea fisheries in
Upper Normandy and Brittany;
“harbour”
means any harbour, whether natural or artificial, and includes any port, dock,
pier, jetty or quay, and any waters in which sea-going vessels can obtain
shelter or ship or unship goods or passengers;
“Harbour
Master” has the meaning it has in the Harbours
(Administration) (Jersey) Law 1961;
“lost pot tag”
means a tag, intended to be attached to a shellfish pot, that –
(a) has
been issued under Regulation 8D(2)(b); or
(b) is a
device, known in France as a “marque-perdue”, issued in
substitution for a “marque” by a person authorized to do so by the
French authority;
“pot tag”
means a tag, intended to be attached to a shellfish pot, that –
(a) has
been issued under Regulation 8D(2)(a); or
(b) is a
device, known in France as a “marque”, issued by a person
authorized to do so by the French authority;
“shellfish”
means any of the following –
(a) a
lobster (Homarus gammarus);
(b) a
crawfish (Palinurus spp.);
(c) an
edible crab (Cancer pagurus);
(d) a
velvet crab (Necora puber);
(e) a
spider crab (Maja brachydactyla);
(f) a
green crab (Carcinus maenas);
“shellfish
pot” means a pot used for, or intended to be used for, catching
shellfish;
“work”, in
relation to a shellfish pot, includes to work by setting, rising or leaving the
pot in the sea.
8B Requirement
for marking of shellfish pots[9]
(1) No
person shall carry a shellfish pot on a fishing boat, or work a shellfish pot
from a fishing boat, unless the requirements of paragraph (2) are complied
with.
(2) The
requirements are –
(a) that
there shall be attached to the pot a pot tag or a lost pot tag; and
(b) that,
in the case of –
(i) a pot tag, the
pot tag specifies the registration number that has been allocated to the boat
under the law of the country under which the boat is registered, and the year
or years for which the pot tag is valid, or
(ii) a
lost pot tag, the lost pot tag specifies the year or years for which the lost
pot tag is valid.
(3) Paragraph (1)
does not apply in respect of a shellfish pot that is –
(a) carried
on a fishing boat during a voyage on which it was used, or is or was intended
to be used, only for the pleasure of persons conveyed on the boat; or
(b) worked
from a fishing boat only for the pleasure of persons conveyed on the boat,
if the boat is used only
for the purpose of fishing for pleasure and conveying persons wishing to fish
for pleasure.
(4) Paragraph (1)
does not apply to any person acting with the authority of the Minister for the
purpose of scientific investigation.
(5) Paragraph (1)
does not apply to a person in respect of shellfish pots that are, on a
fishing boat, being prepared by or on behalf of the person for working from the
fishing boat, if –
(a) the
boat is registered under the law of a country;
(b) the
boat is either –
(i) alongside in a harbour,
or
(ii) on
a permanent mooring that has been authorized by or on behalf of the Harbour
Master for use by boats; and
(c) there
are on the boat a total number of the following –
(i) valid pot tags
that display the registration number that is, under the law of the country
under which the boat is registered, allocated to that boat, and the year or
years for which the pot tags are valid,
(ii) valid
lost pot tags that display the year or years for which the lost pot tags are
valid,
that is equal to or
more than the number of shellfish pots on the fishing boat.
(6) A
requirement specified in paragraph (2) does not apply in respect of a
shellfish pot being carried on, or worked from, a boat –
(a) if
the boat is registered under the law of a country;
(b) if
the French authority permits the requirement specified in paragraph (2)
not to apply in relation to the pot, or a permit issued by the Minister under
Regulation 8C in relation to the pot specifies that the requirement does
not apply;
(c) if
the permission or permit referred to in sub-paragraph (b) is carried on
the boat; and
(d) where
the permission or permit referred to in sub-paragraph (b) is given subject
to a condition, if that condition has been complied with.
(7) For
the purposes of Article 4 of the Sea Fisheries (Jersey)
Law 1994, the maximum fine in respect of a person found guilty of an
offence against that Article committed in respect of paragraph (1) of this
Regulation shall be –
(a) £20,000
if the person has not previously been found guilty of an offence against that
Article in relation to a contravention of that paragraph; or
(b) £40,000
if the person has previously been found guilty of an offence against that
Article in relation to a contravention of that paragraph.
8C Permits
in respect of shellfish pots[10]
(1) A
person who is an owner, master, or charterer, of a British fishing boat may
apply to the Minister for the grant of a permit for the purposes of Regulation 8B(6).
(2) The
Minister may, after receiving an application from an owner, master, or
charterer, of a British fishing boat, grant to him or her a permit specifying
that –
(a) a
requirement specified in Regulation 8B(2) does not apply in respect of a
shellfish pot being carried on, or worked from, the boat or a British fishing
boat that is being used in substitution for that boat; or
(b) a
requirement specified in Regulation 8B(2) does not apply in respect of a
shellfish pot being carried on, or worked from –
(i) the boat, or
(ii) a
British fishing boat that is being used in substitution for that boat,
if the conditions, if
any, specified on the permit are complied with.
(3) A
permit granted under paragraph (2) shall remain in force for the period
specified by the Minister on the permit.
(4) The
Minister may only grant a permit under paragraph (2) to a person if the
Minister is satisfied that it is impractical or impracticable for the person,
or a person acting on behalf of the person, to comply with the requirement that
is specified in Regulation 8B(2) and is referred to on the permit.
(5) The
Minister may, by notice in writing to a person, revoke a permit granted to the
person under paragraph (2) if the Minister is satisfied that it is no
longer impractical or impracticable for the person, or a person acting on
behalf of the person, to comply with the requirement referred to on the permit.
8D Pot
tags[11]
(1) A
person who is an owner, master, or charterer, of a British fishing boat may
apply, to a person authorized by the Minister for the purposes of this
Regulation, for the issue of a pot tag or a lost pot tag.
(2) A
person authorized by the Minister for the purposes of this Regulation may issue
to an owner, master, or charterer, of a British fishing boat –
(a) a pot
tag, of a type approved by the Minister, that displays the registration number
that is, under the law of the country under which the boat is registered,
allocated to that boat, and the year or years for which the pot tag is valid;
or
(b) a
lost pot tag, of a type approved by the Minister, that displays the year or
years for which the lost pot tag is valid.
(3) A
person authorized by the Minister for the purposes of this Regulation may only issue
a pot tag under paragraph (2)(a) in accordance with the directions of the
Minister.
(4) Subject
to any directions of the Minister, a person authorized by the Minister for the
purposes of this Regulation shall determine the year or years for which a pot
tag, or a lost pot tag, issued by the person shall be valid.
(5) A
person authorized by the Minister for the purposes of this Regulation may only
issue a lost pot tag under paragraph (2)(b) if the person is satisfied
that the lost pot tag is required to replace a pot tag, issued under this
Regulation to the owner, master, or charterer or a person acting on behalf of the
owner, master, or charterer, that has been lost.
8E Pot
tags issued before 6th February 2007[12]
(1) A
device that is, before 6th February 2007, issued by the Jersey
Fishermen’s Association in relation to a pot and that is –
(a) referred
to by that association as a pot tag, shall be taken to be a pot tag, issued
under Regulation 8D(2)(a), in relation to the pot; or
(b) referred
to by that association as a lost pot tag, shall be taken to be a pot tag,
issued under Regulation 8D(2)(b), in relation to the pot.
(2) A
device that is, before 6th February 2007, issued in relation to a pot by a
person authorized to do so by the French authority and that is –
(a) referred
to by that person as a “marque”, shall be taken to be a pot tag in
relation to the pot for the purposes of these Regulations; or
(b) referred
to by that person as a “marque-perdue”, shall be taken to be a lost
pot tag in relation to the pot for the purposes of these Regulations.
9 Citation
These Regulations may be cited as the Sea Fisheries (Miscellaneous
Provisions) (Jersey) Regulations 1998.