Subject-Matter Index

Licensing

customary powers of States

no customary power by ordinance to establish licensing system operative extra-territorially—may regulate fishing in territorial waters but not in waters outside territorial limits but within British fishery limits regulated by United Kingdom—Sea Fish Licensing (Guernsey) Ordinance 2003 invalid as enacted but able to sever invalid extra-territorial portion to limit to territorial waters: Jersey Fishermen’s Assn. Ltd. v. States (Privy Council), 2007–08 GLR 36

fishing record

grant of fishing licence subject to conditions is single administrative act not two-stage process—both grant of licence and imposition of conditions subject to duty of Department to take account of applicant’s overall fishing record in Guernsey waters: Channing v. States (C.A.), 2015 GLR 389

under Sea Fishing Licensing (Bailiwick of Guernsey) Law 2012, s.3(1), fishing record of applicant relevant, not record of particular vessel—Department to consider applicant’s overall fishing record in Guernsey waters with any vessel, not merely fishing history of current vessel: Channing v. States (C.A.), 2015 GLR 389

grant of licence. See Licensing—fishing record

implementation of Community provisions

if Guernsey obliged to observe Common Fisheries Policy, power under Fishing (Bailiwick of Guernsey) Law 1989, s.1 to deal with breaches of “enforceable Community restrictions” within 12-mile offshore belt—power by s.8(1) to make Ordinance “requisite for the enforcement of [such restrictions],” justifying Sea Fish Licensing (Guernsey) Ordinance 2003: States v. Jersey Fishermen’s Assn. Ltd. (C.A.), 2005–06 GLR 226

“necessary” or “expedient” under European Communities (Implementation) (Bailiwick of Guernsey) Law 1994, s.1 for States to implement Community rules on fishing access, licensing and conservation having extra-territorial effect outside Guernsey territorial waters—Guernsey waters only coastal waters of Western Europe without effective licensing and policing system for control of fishing—UK Government slow to act to extend Guernsey territorial sea or impose effective controls: States v. Jersey Fishermen’s Assn. Ltd. (C.A.), 2005–06 GLR 226

Sea Fish Licensing (Guernsey) Ordinance 2003 “implements” Community rules on fishing access, licensing and conservation, since although details differ from Community system, “exceptions, adaptations and modifications,” permitted by European Communities (Implementation) (Bailiwick of Guernsey) Law 1994, s.4(3)(b) and (c) to implement Community provisions in ways suitable to Guernsey circumstances: States v. Jersey Fishermen’s Assn. Ltd. (C.A.), 2005–06 GLR 226

Sea Fish Licensing (Guernsey) Ordinance 2003 not “implementation” of Community licensing scheme under powers conferred by European Communities (Implementation) (Bailiwick of Guernsey) Law 1994, s.1—invalid as creating separate extra-territorial licensing scheme without implementing Community fisheries regulations or policies in any detail: Jersey Fishermen’s Assn. Ltd. v. States (Privy Council), 2007–08 GLR 36

Sea Fish Licensing (Guernsey) Ordinance 2003 not validly enacted as “derogation” (under Council Regulation (EC) No. 2371/02, art. 9) from Community’s exclusive right to legislate on fisheries, since no Community right binding on Guernsey in this field and nothing from which to “derogate”—Ordinance also contrary to art. 9 as discriminatory against UK-registered boats but not those of other Member States: Jersey Fishermen’s Assn. Ltd. v. States (Privy Council), 2007–08 GLR 36

States not enabled by European Communities (Implementation) (Bailiwick of Guernsey) Law 1994 to legislate by ordinance to introduce Community rules on fishing access, licensing and conservation having extra-territorial effect outside Guernsey territorial waters: Jersey Fishermen’s Assn. Ltd. v. States (Privy Council), 2007–08 GLR 36

wording of European Communities (Implementation) (Bailiwick of Guernsey) Law 1994, s.1 allowing implementation of Community provision not confined to land territory of Guernsey—may well require powers to be extended extra-territorially, e.g. to permit seizure of vessels outside territorial sea for offences committed within it: States v. Jersey Fishermen’s Assn. Ltd. (C.A.), 2005–06 GLR 226

revision of application form

court recommends that Department considers revising printed application form—to invite applicant to specify extent of licence sought and clarify that may rely on overall fishing record with any vessel: Channing v. States (C.A.), 2015 GLR 389

single administrative act. See Licensing—fishing record

terms of statutory appeal

grounds of appeal under Sea Fishing Licensing (Bailiwick of Guernsey) Law 2012, s.17 closely resemble grounds for claiming Wednesbury unreasonableness—“lack of proportionality” under s.17(2)(d) may be broadly equivalent to “unreasonableness”: Channing v. States (C.A.), 2015 GLR 389

Right to fish

restriction of right

right always subject to appropriate licensing in public interest—not protected as human right, since Human Rights (Bailiwick of Guernsey) Law 2000 not yet in force, and European Court of Human Rights recognizes property rights under Protocol 1, art. 1 always subject to regulation in public interest: States v. Jersey Fishermen’s Assn. Ltd. (C.A.), 2005–06 GLR 226

Safety on fishing boats. See EMPLOYMENT (Safety—breach of statutory duty), (Safety—safe system of work)

Trial of offences. See CRIMINAL PROCEDURE (Charges—duplicity), (Charges—multiple offences)