Subject-Matter Index

Fisheries. See FISHERIES

Territorial waters

control by European Community

Guernsey territorial waters not part of European Community waters—not Member State of Community but position regulated by UK Act of Accession 1972, Protocol 3—Community rules on fishing access, licensing and conservation inapplicable: Jersey Fishermen’s Assn. Ltd. v. States (Privy Council), 2007–08 GLR 36

control by States

if Sea Fish Licensing (Guernsey) Ordinance 2003 invalid for extra-territorial application, may be severed by reducing application from extra-territorial to territorial waters: States v. Jersey Fishermen’s Assn. Ltd. (C.A.), 2005–06 GLR 226

implementation of Community provisions under European Communities (Implementation) (Bailiwick of Guernsey) Law 1994, s.1 not confined to land territory of Guernsey—may enable 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

powers of States not confined to land territory of Guernsey—Sea Fish Licensing (Guernsey) Ordinance 2003 valid even though regulates sea fishing beyond as well as within territorial waters—as non-sovereign legislature, may legislate extra-territorially on matters closely relating to peace, order and good government of Island, or relevantly connected to it to sufficient degree: States v. Jersey Fishermen’s Assn. Ltd. (C.A.), 2005–06 GLR 226

Sea Fish Licensing (Guernsey) Ordinance 2003 invalid as enacted but able to sever invalid extra-territorial portion to limit effect validly to territorial waters: Jersey Fishermen’s Assn. Ltd. v. States (Privy Council), 2007–08 GLR 36

States may regulate territorial waters by ordinance, e.g. creation of licensing system applicable to Guernsey-registered and other fishing boats—no power to control waters outside territorial limits and within British fishery limits regulated by United Kingdom: Jersey Fishermen’s Assn. Ltd. v. States (Privy Council), 2007–08 GLR 36