Sea Fisheries
(Inshore Trawling, Netting and Dredging) (Jersey) Regulations 2001[1]
1 Interpretation
(1) In
these Regulations –
“beach set net”
means passive gear that is put in place otherwise than from a vessel;
“mesh size”,
in respect of a net, means the mesh size of the net as measured in accordance
with the Sea
Fisheries (Trawling, Netting and Dredging) (Jersey) Regulations 2001;
“passive gear”
has the same meaning as in the Sea Fisheries
(Trawling, Netting and Dredging) (Jersey) Regulations 2001.
(2) References
in these Regulations to the use of a net means the use of the net for the
purpose of catching sea fish.
2 Application
(1) These
Regulations apply to Jersey.
(2) They
also apply, except for Regulation 6A, within the waters that are within 3
nautical miles of the coast of Jersey as measured from the low-water mark of
ordinary spring tides.[2]
3 Restriction
on trawling or dredging in certain areas
(1) In
this Regulation a “restricted area” means any of the following
areas –
(a) the
sea area within St. Brelade’s Bay bounded on the seaward side by a
straight line drawn from the southern most part of the Grosse Tête to the
Point Le Fret;
(b) the
sea area within St. Aubin’s Bay bounded on the seaward side by a
straight line drawn from the Pointe du But to the Gros du Château
Elizabeth;
(c) the
sea area within the small roads in St. Aubin’s Bay bounded on the
seaward side by a straight line drawn from the southern most part of Elizabeth
Castle Breakwater to the Oyster Rocks Beacon and then from there to the charted
position of East Rock Buoy and then from there to the Dog’s Nest Beacon
to the southern most point of the La Collette reclamation wall;
(d) the
sea area within Fliquet Bay bounded on the seaward side by a straight line
drawn from the seaward end of St. Catherine’s Breakwater to Brayes Rocks;
(e) the
sea area to the east of Jersey bounded on the seaward side by straight lines
drawn from La Rocque breakwater to La Conchière beacon to the Brett Rock
Beacon, and then from there to the charted position of Le Cochon buoy, and then
from there to La Noire beacon, and then from there to the Horn Rock beacon, and
from there to Les Arch beacon, and from there to Le Fara beacon to the outward
end of St. Catherine’s Breakwater and by the shoreline on the landward
side.
(2) It
is prohibited to use a trawl net or dredge in a restricted area.
4 Restriction
on use of beam trawl
(1) A
person shall not use more than 1 beam trawl.
(2) The
beam trawl used shall not exceed 6 metres in length.
(3) That
length shall be measured between the extremities of the beam and shall include
any attachments to the beam.
5 Restriction
on the use of draw nets
(1) Except
as otherwise provided by this Regulation, it is prohibited to use a net to draw
fish ashore.
(2) A
seine net may be used to fish for grey mullet during the period starting 2
hours before and ending 1 hour after high water if –
(a) the
net is not less than 90 metres long; and
(b) the
net is used in conjunction with a boat.
(3) A
seine net may be used to draw fish ashore in the circumstances specified in paragraph (4).
(4) Those
circumstances are –
(a) that
the net has a mesh size of 90 millimetres or more;
(b) that
the net is used during the period starting 1 hour before and ending 3 hours
after low water;
(c) that
the net is used either in St. Ouen’s Bay or in the area of the Royal Bay
of Grouville between the rocks known as the Tas du Nord and the seaward end of
the pier at Gorey.
(5) It
is prohibited to use a motor vehicle or a motorised winch to draw a net ashore.
6 Further
restrictions on the use of fishing nets[3]
(1) It
is prohibited to use a beach set net except as specified by an Order made by
the Minister.
(2) The
Minister may by an Order –
(a) specify
a person or a class of person who may use a beach set net; or
(b) specify
the times or places that such persons or classes of persons may use such beach
set nets.
(3) It
is prohibited to use a beach set net at a time, in an area or by a person or
class of persons that has been specified under paragraph (2)
unless –
(a) it
has a mesh size of at least 110 mm, or such larger size that the Minister
may specify by an Order;
(b) it is
below the half-tide mark and amongst rocks situated no more than
120 metres apart, or such other distance that the Minister may specify by
an Order;
(c) it is
marked at either end and at 10 metre intervals over its entire length with
a buoy, float or other identification mark each with a diameter or width of at
least 10 cm;
(d) the
marks at either end of the beach set net are indelibly marked with the
owner’s contact details; and
(e) the
maximum length of net set on the beach at any one time by the owner is
100 metres or such other length that the Minister may specify by an Order.
(4) It
is prohibited to use passive gear other than a beach set net where the depth of
the sea is less than 130 cm or such other depth that the Minister may
specify by an Order.
(5) It
is prohibited to use a peg or a stake on a beach to hold a beach set net.
6A [4]
7 Restrictions
on certain beach set nets[5]
(1) It
is prohibited to use a beach set net at a time or place or by a person or class
of persons specified by an Order made under Regulation 6(1) unless the
requirements of paragraph (2) are met.
(2) A
person using a beach set net for more than 96 hours must move that beach
set net to another location within each 96 hour period.
(3) For
the purposes of paragraph (2) –
(a) a
beach set net is moved to another location only if each part of that beach set
net is located in a different place to where that part was located immediately
prior to the move;
(b) each
96 hour period shall be measured from the time the beach set net is first
used and, thereafter, from each time it is moved to another location; and
(c) a
person uses a beach set net throughout any period of time whether or not the
person abandons the beach set net during that period.
(4) The
Minister may by an Order specify a different maximum period for the purposes of
paragraphs (2) and (3)(b).
8 Restriction
on inshore netting in certain area
(1) In
this Regulation –
“restricted area”
means the sea area within 200 metres of the shoreline between La Coupe
Point to La Rocque Harbour and thence to St. Brelade’s Bay Pier;
“passive gear”
includes any equipment attached to the passive gear, including any anchor, line
or float;
“prohibited time”
means the hours of daylight during the period beginning 1st April and ending
15th October in any year.
(2) It
is prohibited to use passive gear in the restricted area during the prohibited
time.
9 Restriction
on mesh size of passive gear
It is prohibited to use
passive gear with a mesh size that does not correspond to a category set out in
the Schedule.
10 Vessels
not to have passive gear with certain mesh sizes on board
(1) A
vessel shall not have on board passive gear with a mesh size that does not
correspond to a category set out in the Schedule.
(2) Paragraph (1)
does not apply in respect of a vessel solely in transit through the area to
which these Regulations apply.
11 Percentages
of target fish
(1) This
Regulation applies when a catch is made by a vessel using passive gear with a
mesh size corresponding to one of the categories set out in the Schedule.
(2) The
percentage of target fish retained on board for one or any combination of
target fish or groups of target fish mentioned in the corresponding mesh size
category shall not be less than 70%.
12 Calculating
percentages (passive gear)
(1) The
minimum percentage referred to in Regulation 11(2) is to be calculated as the
proportion by live weight of all sea fish on board after sorting or on landing.
(2) The
percentage may be calculated on the basis of one or more representative
samples.
13 Restriction
on fishing for mackerel
It is prohibited to use a
net to fish for mackerel where the depth of the sea is less than 2 metres.
14 Citation
These Regulations may be
cited as the Sea Fisheries (Inshore Trawling, Netting and Dredging) (Jersey)
Regulations 2001.