I want to start with a story with some ghostly echoes of the debate we are having today. I want to introduce you to James Hornell. In the early 1890s, the young James Hornell met and married a Jersey girl and moved to the Island. He happened to be an expert in fisheries and he was surprised to find that despite Jersey’s rich marine environment, the fishing industry in Jersey was in decline.
He did some research and realised that the Island’s waters were overfished and therefore proposed better protection of the marine environment. His message was not popular with the fishers. Then around the turn of the century the fishery collapsed and the States acted. In 1901 they voted for a fisheries regulation law which introduced minimum fish sizes, restrictions on inshore trawling and closed season for certain species. Jersey now had one of the strongest protection regimes in the world. Over the next few years stocks of fish recovered so the fishing industry began to lobby to overturn the regulations. Hornell was closely associated with the law and was attacked regularly in the press and eventually, worn down by the conflict, he left the Island. In 1907 most of the fishing regulations were removed. Although Members will be pleased to know that our predecessors did vote to legalise the shooting of cormorants because they ate too many fish. So what happened? Well sad times for cormorants obviously, but for the fishing industry it was boom time, followed by a predictable collapse in the fishery. It took decades before there was a recovery. This is just one example of the tension that has always existed between conservation and fishing, between short-term pain and long-term gain. The fishing industry has often struggled to accept restrictions on its activities now in order to increase opportunities in the future, and I do not think that is surprising. It is human nature. A promise of more fish tomorrow is harder to believe in than the fish in your hand today. In fact, I would go further and say that this is a battle that has to be fought whenever the need for long-term sustainability ends up challenging existing short-term economic interests. That is why I want to put this debate in the context of a wider vision for the Island’s future, which I will do at the end of my speech. But I want to say straight away that I am passionately committed to a sustainable fishing industry. Jersey needs fishing. I support fishing. I want a viable future for the industry. I have always listened to what fishers have to say and when I was Minister I met with them more than I met with any other stakeholders in any part of my portfolio. I have great respect for them. That does not mean I support everything that every part of the fleet asks for. Let me move on and talk about the O.S.P.A.R. (Oslo and Paris convention for the Protection of the Marine Environment of the North-East Atlantic) Convention, to which Jersey is a signatory. Under the O.S.P.A.R. Convention, we have an obligation to preserve and restore marine ecosystems. In particular, annex 5 includes a commitment to prevent degradation of and damage to species, habitats, and ecological processes following the precautionary principle. As Deputy Coles said, the precautionary principle is important. It means that if you have good reason to believe that something needs protecting you protect it first and then, if you turn out to be mistaken, you can always release it back to fishing. You cannot do it the other way around; no. Because by then it may be too late. Maerl is an O.S.P.A.R.- threatened habitat and we have an obligation to protect O.S.P.A.R.-threatened habitats when we identify them using the precautionary principle. The amendment would reinstate the precautionary principle. Let me try and tackle some of the arguments that Members used to justify not doing so.
Some Members feared the day that they would not be able to buy Jersey scallops and we would have to rely on the French. That was a revealing comment. First, because I think something like 80 per cent of our scallops are exported anyway, many of them to France, but also revealing because it rendered invisible a significant part of the industry; the scallop divers. Scallop divers can supply the Jersey market along with the dredgers as well, so long as we do not drive them out of business. My point is this is not Jersey scallops versus French scallops. It is about 2 different types of scallop fishing. Diving, which is sustainable, and dredging, which is destructive of maerl, but can be used elsewhere in less-sensitive areas. Logic would say that we should try and encourage scallop divers in the M.P.A.s (Marine Protected Areas), where they cause no damage, and shift the dredgers out of these sensitive areas. In area (d) or (4) in the amendment is where that conflict is at its most acute.
The scallop divers have said that it is crucial for them. Which side should we take? It is not a case of being for or against Jersey scallops. It is about what kind of future we see for this industry. Where do the long-term interests of the Island lie? I have to say that in an O.S.P.A.R.-threatened habitat that we are obliged to protect, if it is a choice between scallop dredger and a scallop diver, I know where my vote will go. Wind farm; not really an issue. Yes, if a wind farm is built the area will be closed for the 2 years that it is built. It is standard practice to pay compensation in that situation and then it will be opened up to fishing again. The French opened Saint-Brieuc in July also to mobile gear, by the way. Perhaps the most worrying argument that has been advanced against the amendment is this. We have heard that up to 80 per cent of the dredgers’ catch derives from the areas that the Scrutiny Panel want to reintroduce for protection. If this is true then we have a problem.
Why? Because what is being said is that not only is the continued profitability of the dredging fleet entirely dependent on destroying the most valuable habitats we have, it also cannot last. How can I be sure? Because of what the Minister said. He has committed to introduce protection when he has proved that the further research areas are indeed maerl, and there is no one in the industry who seriously thinks that further research is going to remove huge areas that were put into those areas.
Then the scallop dredgers will have to find new areas anyway. The most that turning down the amendment does is buy some time but at the expense of great damage in the meantime. But the biggest irony of all is this: we have heard so much about the precariousness of the fishing industry as a whole, and this is right. It is precarious but why do we think it is precarious?
[9:45] It is precarious precisely because we have not paid enough attention to conservation. Almost all our commercial fish stocks are in decline. They are not in decline because we have protected them too much. They are in decline because we continually fudge the issue. We never learn. Scallops, by the way, are an exception at the moment. They are doing well for now, but if we carry on as we are we will fish out the scallops, and then ... well, there is not much left, is there? Deputy Mézec talked about a just transition and Deputy Morel talked about consent, but I would argue that neither of those arguments need to lead you to oppose the amendment. Let us take consent. Whose consent do we need? Scallop divers, conservationists, all those Islanders who have written to us pleading for us to do the right thing. What about those parts of the fishing industry that would benefit from the protection of these sensitive habitats, precisely because it will improve the health of other fisheries?
I would respectfully say that we need a wider definition of consent. I believe there is a way out of the dilemma we face. On the one hand, we have the acknowledged need to protect sensitive areas in the long-term interests of a sustainable fishing industry. On the other, the need to ensure the short- term survival of the fleet, ensuring the just transition of which Deputy Mézec talked. The answer is not so difficult. This year, almost £7 million has been allocated to the farming and fishing thanks to the good work of the Minister, for which I commend him. That means there is money available to compensate affected dredgers. It could take the form of payments for fuel and time to reach scallop beds further afield, or to fish for longer in less prolific fishing grounds. The mechanism to make those payments is even discussed in the Economic Impact Assessment produced by the Government.
As Deputy Bailhache is fond of saying, Ministers could return to Broad Street and make it happen with the strike of a pen. Vessels do not need to stop fishing if the amendment is passed. I do not pretend it will be simple for the dredgers to move to new areas. That is why we must give them support. But I say again, in all likelihood, it is coming anyway. We need to start transitioning the industry into the less environmentally important areas now. Getting that transitional support in place is crucial. The money is there. Ministers should do it. Surely the answer is to support the most sustainable parts of the industry, help the unsustainable parts transition to new areas and protect the habitats that will support the replenishment of stocks for the rest of the commercial fishery. How much longer before we learn our lesson from history? Briefly mentioned France; it is true that the French fishing fleet does not want the M.P.A. Network to be extended and that leads to political pressure on Jersey, as we heard from the Minister. Yet the French also know about our obligations under the O.S.P.A.R. Convention. They know that these are buttressed by the T.C.A. (Trade and Co- operation Agreement) and they know we have the right to protect the maerl beds. I am sure there will be some strong language used, it will be uncomfortable, but the French objections do not have legal foundation and ultimately their Government knows this. Let me finish by placing this argument in a wider context. Jersey’s economic future is inextricably linked to the environment. Sustainability is key. Meeting the needs of the present without compromising the ability of future generations to meet theirs. The opportunity for Jersey to build its future as a beacon of sustainability is huge. We have taken steps in this direction already through the Public Finances Law, which requires the Budget to consider the impact of measures on future generations. In fishing, sustainability means not destroying the most sensitive habitats because that does indeed compromise the ability of future generations to keep fishing. But we can also apply it to farming, to finance, to energy, to carbon neutrality. I think of it as “Green Growth Jersey”, a lens through which everything we do is seen through its benefits for future generations because we know that is what will eventually enhance our economy. As the Chief Minister said in a radio interview talking about marine protection: “I would like to see Jersey held aloft as an example of what can be done.” So would I. So would I. But you have to earn that respect. You do not do it by trashing 50 per cent of the most valuable marine habitat we have. I must say, I have been very heartened by the number of people who have written to us who get that very simple point. I am going to be voting for all parts of the amendment because I believe in evidence-based decision making and because of the precautionary principle. But if you feel you cannot do that then please at least vote for parts (b) and (d). Part (b) would reintroduce protection for by far the biggest area of maerl off the Anquettes and part (d), even though it is only a small area, would be of particular benefit to the scallop divers who fish sustainably even in Marine Protected Areas. They deserve to be given a boost, because hand-dived scallops is an industry that we should all want to support, and it could have a great future. We have an opportunity to send a powerful message today, that we believe in the long-term future of fishing in Jersey, based on principles of sustainability. A higher-value industry, orientated more to supplying the local market, supported through government investment and with transitional measures to allow the small number of scallop dredgers to adapt to the closure of a part of their fishing grounds. This amendment allows scallop dredging to continue but outside the most sensitive ecological habitats. Protecting those habitats will protect the future of the industry. It will boost the opportunities for scallop divers who fish sustainably. It will boost other parts of the industry by protecting nursery grounds and many other species. We can protect the livelihoods of the small number of fishers who will be affected through financial support. It will meet our commitments under the O.S.P.A.R. Convention and under the T.C.A., and it will boost Jersey as a community that is a beacon of sustainable development. Let us vote for the amendment, compensate fishers appropriately, and concentrate on building a brighter long-term future for the fishing industry.
































