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, 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, 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.
5 [1]
6 [2]
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; and
(c) that
does not intend to land fish in Jersey.[3]
(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.[4]
(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.