Sea Fisheries (Log Books, Transhipment and Landing Declarations) (Jersey) Regulations 2014

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

 

Showing the law from 1 January 2019 to Current

 

 

Sea Fisheries (Log Books, Transhipment and Landing Declarations) (Jersey) Regulations 2014

Regulation

interpretation and application   4

1             Interpretation. 4

2             Fishing boats to which these Regulations apply. 5

requirements for log book and declarations in electronic format  5

3             Application of this Part to fishing boats 12 metres or more in overall length. 5

4             Requirement to keep log books and declarations in electronic format. 5

5             General requirements in relation to electronic recording and reporting. 6

6             Technical failure or non-functioning of electronic recording and reporting systems. 6

requirements for log book and declarations in paper format  7

7             Application of this Part. 7

8             Requirement to keep log books and declarations in paper format. 7

supplementary  8

9             Requirement to give prior notification of landing. 8

10           Transhipment operations. 9

11           Maximum penalties. 9

closing   9

12           Citation. 9

PART 1  10

FORM OF LOG BOOK, including declaration   10

PART 2  11

form of landing declaration   11

instructions concerning the Log Book and declarations  12

1             Information to be given in the log book. 12

2             Information to be given relating to the landing declaration. 13

3             Calculation of figures recorded in the log book or a declaration. 13

4             Requirements relating to log books and declarations in paper format. 14

5             General requirements relating to log books and declarations in electronic format. 14

tables  15

table 1 – gears and fishing operations  15

table 2 – ices areas  18

TABLE 3 – CONVERSION FACTORS  19

Table of Legislation History. 28

Table of Renumbered Provisions. 28

Table of Endnote References. 28

 

 

Sea Fisheries (Log Books, Transhipment and Landing Declarations) (Jersey) Regulations 2014

part 1

interpretation and application

1        Interpretation

(1)     In these Regulations unless the context otherwise requires –

“Community fishing boat” means a fishing boat that is registered in a member State of the European Communities (other than the United Kingdom);

“competent authority” includes –

(a)     an authority responsible for issuing fishing licences and fishing authorizations –

(i)      in a member State of the European Community, the name and address of such authority being published on a website in accordance with Article 115(a) of the Control Regulation, or

(ii)      in the Channel Islands or the Isle of Man;

(b)     a fisheries monitoring centre;

(c)     a fishery officer;

“Control Regulation” means Council Regulation (EC) No. 1224/2009 of 20th November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (OJ No. L343 22.12.2009, p.1) as amended and in force on the date that these Regulations are made[1];

“declaration”, except where stated otherwise, refers to a transhipment declaration or a landing declaration;

“electronic recording and reporting system” means the electronic recording and reporting system on a fishing boat used to prepare and transmit log book information or any declaration under Part 2;

“FAO 3-alpha code” means the 3-alpha code related to species published by the Food and Agriculture Organization of the United Nations;

“fisheries monitoring centre” has the same meaning as in Article 4(15) of the Control Regulation and includes any equivalent centre acting in or for the Isle of Man or any part of the Channel Islands;

“ICES area” means an area on the map in Table 2 indicated by a code comprising a number and letter combination;

“log book” means the form of log book in Part 1 of Schedule 1;

“multiannual plan” has the same meaning as in Article 4(24) of the Control Regulation;

“overall length” in respect of a fishing boat, has the same meaning as in Regulation 1 of the Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations 2003;

“relocation” has the same meaning as in Article 4(29) of the Control Regulation;

“transhipment” has the same meaning as in Article 4(16) of the Control Regulation to the extent that it applies to sea fish.

(2)     A reference in these Regulations to a Table by number is a reference to the Table of that number in Schedule 2.

2        Fishing boats to which these Regulations apply

These Regulations apply to a fishing boat within the seaward limits of the territorial sea of Jersey, such boat being a British fishing boat or a Community fishing boat measuring 10 metres or more in overall length.

part 2

requirements for log book and declarations in electronic format

3        Application of this Part to fishing boats 12 metres or more in overall length

This Part applies to a fishing boat measuring 12 metres or more in overall length except where it less than 15 metres in overall length, and –

(a)     is a Jersey fishing boat that operates exclusively in the territorial sea of Jersey; or

(b)     is a British or Community fishing boat that is exempt by its flag state from a requirement to keep a log book in electronic format on the ground that it never spends more than 24 hours at sea from the time of its departure to its return to port.

4        Requirement to keep log books and declarations in electronic format

(1)     The master of a fishing boat to which this Part applies must –

(a)     keep a log book in electronic format containing the information referred to in the form set out in Part 1 of Schedule 1;

(b)     complete a transhipment declaration in electronic format in the event that transhipment takes place in Jersey, such declaration containing the information referred to in the form set out in Part 1 or 2 of Schedule 1;

(c)     complete a landing declaration in electronic format following entry into port, such declaration containing the information referred to in the form set out in Part 1 or 2 of Schedule 1.

(2)     The information contained in a log book or declaration must be kept in accordance with any instructions in Schedule 2 that are relevant to that log book or declaration.

(3)     The master must send by electronic means to a competent authority of the boat’s flag state the information in the log-book at the times described in paragraph (4).

(4)     Those times are –

(a)     at the request of a competent authority of the boat’s flag state;

(b)     after the last fishing operation before entering port (if more than an hour before entry into port);

(c)     upon arrival in port;

(d)     at the time of any inspection at sea,

and, in any event, the information must be transmitted daily by no later than 24.00 hours whilst the fishing boat is at sea whether or not there has been a catch of fish.

(5)     The master must transmit by electronic means the transhipment declaration to a competent authority of the boat’s flag state within 24 hours after completion of the transhipment operation.

(6)     The master must transmit by electronic means the landing declaration to a competent authority of the boat’s flag state no later than 24 hours after completion of the landing of sea fish or, if there are no catches of fish, after entry into port.

(7)     The master must use his or her best endeavours to ensure the accuracy of any data recorded and transmitted under this Regulation.

5        General requirements in relation to electronic recording and reporting

(1)     The master shall ensure that the fishing boat does not leave port without there being on board a fully operational electronic recording and reporting system for the purpose described in this Part.

(2)     In respect of each fishing trip, the master shall retain each acknowledgment of receipt of data transmitted electronically under this Part until the end of the fishing trip.

6        Technical failure or non-functioning of electronic recording and reporting systems

(1)     This Regulation applies in the event of a technical failure or non-functioning of the electronic recording and reporting system on a fishing boat.

(2)     The master or the master’s agent shall communicate the log book information or declaration, as the case may be to a competent authority of the boat’s flag state –

(a)     at the request of a competent authority of the boat’s flag state;

(b)     after the last fishing operation before entering port if more than an hour before arrival in port or after transhipment has been completed;

(c)     upon arrival in port;

(d)     at the time of any inspection at sea,

and, in any event, the information must be transmitted daily by no later than 24.00 hours whilst the fishing boat is at sea whether or not there has been a catch of sea fish.

(3)     Communication under paragraph (2) shall be made following –

(a)     the time when the technical failure or non-functioning is detected on the fishing boat; or,

(b)     the time when the master or owner of the boat, or a representative of the master or owner, is informed by a competent authority of the boat’s flag state that any data transmission has not been received as required by these Regulations,

whichever occurs sooner.

(4)     A fishing boat shall not leave port following technical failure or non-functioning of the electronic recording and reporting system on the boat unless a competent authority of the boat’s flag state is satisfied that the electronic recording and reporting system is functioning or otherwise authorizes the boat to leave port.

(5)     Nothing in this Part prevents the removal of an electronic recording and reporting system from a fishing boat if so authorized by a competent authority of the boat’s flag state for the purpose of its repair or replacement in the event of technical failure or non-functioning or for the purpose of investigating any technical failure or non-functioning or whether the system has been tampered with.

part 3

requirements for log book and declarations in paper format

7        Application of this Part

(1)     This Part applies to a master of a fishing boat to which these Regulations apply other than a master of a fishing boat to which to Part 2 applies.

(2)     Notwithstanding paragraph (1) any of the following may make a landing declaration in electronic format in accordance with Part 2 instead of this Part –

(a)     the master of a Jersey fishing boat; and

(b)     the master of a British or Community fishing boat required or authorized by the boat’s flag state to make a landing declaration in electronic format.

8        Requirement to keep log books and declarations in paper format

(1)     The master of a fishing boat to which this Part applies must –

(a)     keep a log book in paper format in the form set out in Part 1 of Schedule 1;

(b)     complete a transhipment declaration in paper format in the event that transhipment takes place in Jersey, such declaration being in the form set out in Part 1 or 2 of Schedule 1;

(c)     complete a landing declaration in paper format following entry into port, such declaration being –

(i)      in the form set out in the log book form in Part 1 of Schedule 1 if there are no catches of fish, or

(ii)      if clause (i) does not apply, in the form set out in Part 1 or 2 of Schedule 1.

(2)     The information contained in a log book or declaration must be kept in accordance with any instructions in Schedule 2 relevant to that log book or declaration.

(3)     The master must submit the log book to the Minister as soon as possible after landing in port and, in any event, within 48 hours after such landing.

(4)     The master must submit the transhipment declaration in the form set out in Part 2 of Schedule 1 to the Minister within 48 hours of completion of the transhipment operation or, if there are no catches, within 48 hours after entry into port.

(5)     On completion of the transhipment operation each master involved in the transhipment must give a copy of the transhipment declaration completed by him or her to the other master involved in the transhipment.

(6)     The master must submit the landing declaration in the form set out in Part 2 of Schedule 1 to the Minister within 24 hours of completion of the landing or, if there are no catches of fish, within 48 hours after entry into port.

(7)     The requirements of paragraphs (4), (5) and (6) may be carried out by the master’s agent, instead of the master.

(8)     The master of a fishing boat must use his or her best endeavours to ensure the accuracy of any data recorded and transmitted under this Regulation.

part 4

supplementary

9        Requirement to give prior notification of landing

(1)     The master of –

(a)     a Community fishing boat to which Part 2 does not apply; or

(b)     a fishing boat to which Part 2 applies which is being used for fishing species subject to a multiannual plan,

must give prior notification of landing of the information set out in paragraph (3) before the estimated time of arrival in port.

(2)     Notification under paragraph (1) must be given –

(a)     to the Minister, where paragraph (1)(a) applies; or

(b)     in electronic format to a competent authority of the boat’s flag state, where paragraph (1)(b) applies.

(3)     The information that must be sent under paragraph (1) is –

(a)     the external identification number and name of the fishing boat;

(b)     the name of the port of destination and the purposes of the call, such as landing, transhipment or access to services;

(c)     the dates of the fishing trip and the relevant geographical areas in which the catches were taken;

(d)     the estimated dates and time of arrival in port;

(e)     the quantities of each species recorded in the log book;

(f)      the quantities of each species to be landed or transhipped.

(4)     The master shall give at least 4 hours notice of prior notification of landing unless, in the case of a fishing boat described in paragraph (1)(a), the Minister agrees that a shorter period of notice may be given.

(5)     The master must use his or her best endeavours to ensure the accuracy of any data recorded and transmitted under this Regulation.

(6)     A master who fails to give prior notification of entry into port in accordance with this Regulation shall not be permitted entry into port except in cases of force majeure.

10      Transhipment operations

(1)     Transhipment is prohibited in Jersey except in the port of St. Helier and with the permission of the Minister.

(2)     If a transhipment operation is interrupted permission must be given by the Minister before the operation is resumed.

(3)     For the purposes of this Regulation, relocation, pair trawling and fishing operations involving 2 or more fishing boats, such fishing boats being British fishing boats or Community fishing boats, shall not be considered as transhipment.

11      Maximum penalties

For the purposes of Article 4(1) of the Sea Fisheries (Jersey) Law 1994, the maximum penalties for an offence of contravening these Regulations are –

(a)     £20,000 in respect of the first conviction; and

(b)     £40,000 in respect of a second or subsequent conviction.

part 5

closing

12      Citation

These Regulations may be cited as the Sea Fisheries (Log Books, Transhipment and Landing Declarations) (Jersey) Regulations 2014.

 

 

SCHEDULE 1

(Regulations 4 and 8)

PART 1

FORM OF LOG BOOK, including declaration

PART 2

form of landing declaration

SCHEDULE 2

(Regulations 4(2) and 8(2))

instructions concerning the Log Book and declarations

1        Information to be given in the log book

The information to be filled in against the corresponding numbers on the page of the log book is as follows –

 

2        Information to be given relating to the landing declaration

The information to be filled in against the corresponding numbers on the page of the log book relating to the landing declaration in the form in Part 1 of Schedule 1 or in the form of landing declaration in Part 2 of Schedule 1 is as follows –

 

3        Calculation of figures recorded in the log book or a declaration

(1)     Where estimates of the quantities in kilograms of sea fish that are retained on board are required to be given in the log book or a declaration, a margin of tolerance of 10% is permitted, expressed as a percentage of each recorded figure.

(2)     For fish which is landed unsorted, the margin of tolerance referred to in paragraph (1) may be calculated on the basis of one or more representative samples.

(3)     For the purposes of a log book entry or declaration entry, species caught for live bait shall be considered as a species caught and kept on board.

(4)     Where such fish are held in boxes, baskets or other containers, the precise number of boxes, baskets or other containers used must be recorded.

4        Requirements relating to log books and declarations in paper format

(1)     Entries in a log book or in a declaration must be legible and indelible.

(2)     No entry in the log book or in a declaration may be erased or altered. If a mistake is made, the incorrect entry shall be struck out with a line and followed by a new entry initialled by the master.

(3)     The log book shall be completed –

(a)     daily by no later than 24.00 hours and before entering port whether or not there has been a catch of fish; and

(b)     at the time of any inspection at sea.

(4)     A new line in the log book must be filled in –

(a)     for each day at sea; and

(b)     when fishing in new ICES areas or in another fishing zone on the same day.

(5)     A new page in the log book must be filled in –

(a)     when using different gear or a net with a mesh size different from that of the previous net used;

(b)     for any fishing done after a transhipment or an intermediate landing;

(c)     if the number of columns is insufficient; and

(d)     on departure from a port when no landing of sea fish has taken place.

(6)     When catches remain on board following departure from a port or completion of a transhipment operation, the quantities of each species shall be entered on a new page in the log book.

(7)     Each line in a log book must be initialled by the master and each page of the log book must be signed by the master.

(8)     At least one landing declaration must be completed by each vessel.

(9)     The landing declaration must be signed by the master or the master’s agent.

(10)    If the landing declaration relates to a number of log book pages, only the landing declaration on the last page need be completed.

(11)    The master or, in the case of a declaration, his agent, must certify by means of initials or signature that any estimated quantities entered in a declaration are reasonable and that any non-quantitative entries so entered are correct.

5        General requirements relating to log books and declarations in electronic format

(1)     The master may make and send to a competent authority of the boat’s flag state corrections to the log book and transhipment declaration at any time before entering port but each correction must be easily identifiable.

(2)     The master must keep a copy of the information in the log book and transhipment declaration in respect of a trip at sea until the landing declaration for that trip has been sent to the competent authority of the boat’s flag state in accordance with Regulation 4(6).

tables

table 1 – gears and fishing operations

 

table 2 – ices areas

TABLE 3 – CONVERSION FACTORS

 

 

 

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References