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Jersey’s Marine and Coastal

Code of Conduct

Source © Pete Double

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Jersey’s Marine Code of Conduct Preface This code has been produced to meet specific requirements under Jersey’s Integrated Coastal Zone Management Strategy (2008). The States of Jersey is committed to sustaining the Island’s marine environment through:

• The Convention on Biological Diversity (1992) • Conservation for Wildlife (Jersey) Law (2000) • Strategic Plan 2006-2011 • States of Jersey Report 2005 • Biodiversity Strategy 2000

Although this code is not a legal document, it will enhance the protection of marine species found within Jersey’s territorial waters by supporting the above laws and conventions. Marine and coastal users will be educated on the importance of protecting Jersey marine environment and the species which live there. The species covered within this code include marine and coastal birds and marine mammals. Development of this code was conducted through extensive research of existing guidance and consultation with local scientists, wildlife watching tourist guides, and stakeholders in Jersey’s marine and coastal environment.

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Contents 1.0 Introduction 5 2.0 Aims of the marine code of conduct 7 3.0 Main principles – for interacting with marine wildlife 8 4.0 Jersey’s laws, regulations and international agreements 9

4.1 International law 9 4.2 European law 9 4.3 National law 10 4.4 Local Law 10

4.4.1 The Planning and Building (Jersey) Law, 2002 10 4.4.2 Water Pollution (Jersey) Law, 2000 10 4.4.3 Water Pollution (Code of Good Agricultural Practice) 11 (Jersey) Order, 2004

4.4.4 Memorandum of Understanding (MoU), 2000 11 4.4.5 Jersey Harbours 11 4.4.6 Boats and Surf-riding (Control) (Jersey) Regulations, 1969 11 4.4.7 Food and Environmental Protection Act, 1985 12

(Deposits in Sea Exemptions) (Jersey) Order, 2007 4.4.8 Amendment of Rule 5 of the UK Rules of the Air, 1996 12 4.4.9 Flying code of conduct 12 4.4.10 Sea Fisheries (Jersey) Law, 1994 13 4.4.11 Integrated Coastal Zone Management Strategy, 2008 16 4.4.12 Biodiversity Strategy for Jersey, 2000 16 4.4.13 Biodiversity action plans, 2006 16 4.4.14 Conservation of Wildlife Law, 2000 17 4.4.15 Policy guidelines 17 4.4.16 Miscellaneous 17

5.0 Maps of all habitat distribution and associated wildlife 18 6.0 Points of contact and WiSe accreditation 19

6.1 Accredited WiSe operators 19

7.0 Safety in Jersey’s marine and coastal areas 20 7.1 Safety note – boat users 20 7.2 Speed note – boat users 20

8.0 Jersey’s marine codes of conduct 21 8.1 General code of conduct for all users of the marine environment 21

9.0 Codes of conduct for marine species 23 9.1 Code of conduct for sea birds 23 9.2 Birds at sea 23 9.3 Code of conduct for seals 24 9.4 Code of conduct for cetaceans (dolphins and porpoises) 25

9.5 Solitary dolphins 25

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10.0 Codes of conduct for activities on the sea 26 10.1 General code of conduct for boat users 26 10.2 Code of conduct for personal water craft 27 10.3 Code of conduct for water skiing 27 10.4 General code of conduct for wind sports 28 10.5 Code of conduct for kitesurfing 28 10.6 Code of conduct for kayaking 30

11.0 Codes of conduct for activities on the land 31 11.1 Code of conduct for cliff path walking 31 11.2 Code of conduct for intertidal visitors and recreational fishermen 32 11.3 Code of conduct for climbers 33 11.4 Code of conduct for dog walking 33

13.0 Codes of conduct for activities in the sea 34 13.1 Code of conduct for scuba diving, snorkelers and swimmers 34

14.0 Les Écréhous code of conduct 35 15.0 The future 37

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1.0 Introduction Jersey’s marine and coastal environment is unique in many respects; it’s incredible tidal range and warm sea temperatures provide an environment in which a huge diversity of marine organisms flourish. Marine mammals are commonly sighted in Jersey’s territorial waters, species include bottlenose dolphins and the grey seals. There are also a large number of marine birds of various rarities such as shag, black-backed gulls, and herring gulls, which tend to be found on cliffs. Wader species utilize the sand and mud environments, these include Brent geese, oystercatchers and plover. More uncommon bird species which inhabit Jersey’s coastal environment include peregrine falcon, razorbills, fulmars and puffins. Jersey’s coastline and offshore reefs are semi-wild habitats, providing small wildlife havens which should be respected by locals and visitors alike. What seems like small human pressures by individual visitors, when added together, can become significant pressures and cause irreversible damage to the environment and the species that live there. Jersey’s marine environment is an important tourism resource, with a number of local tour operators providing outings specifically to observe Jersey’s diversity of wildlife. This enables people to visit otherwise inaccessible places to watch wildlife and experience the marine environment. Those fortunate to own boats also venture to these wildlife rich areas either purposely to experience the wildlife or encounter it accidentally. It may be that the natural world can cope with the majority of human activities without causing irreversible damage. However, there is evidence that with the increase in popularity of water-based activities human presence is having a marked impact on the natural environment and their inhabitants. Due to the increase in human pressures we now need to consider the individual impacts of our actions if we wish to preserve the natural environment now and for future generations. The increase in human activities has the potential to impact the marine environment in a number of ways, for example, disturbances such as noise and human interaction, feeding of wildlife and an increase in sporting activities. The intensity of these activities may stress the marine animals which can result in a negative effect on their health. In extreme cases animals will move away from an area for fear of the threat from human activities. For example,

• Chasing dolphins when in a boat. • Trying to get too close to seals resting on the seashore. • Disturbing the nesting, breeding and feeding areas of wildlife. • Allowing a dog to chase birds on the beach.

These activities may result in the demise of sensitive species as often the places where these marine animals are found are those optimum for breeding, nesting and feeding. Human activities can be tailored to ensure that the impact on wildlife is kept to a minimum, whilst maintaining visitor pleasure. If all visitors follow this basic code of conduct it will ensure the continuation of the exhilarating experience of encountering marine wildlife at first hand for generations to come as well as developing our knowledge of and enthusiasm for the marine environment.

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One tool which enables the preservation of sensitive marine habitats and their species is through the designation of Ramsar sites. A Ramsar site is protected under The Convention on Wetlands, signed in Ramsar, Iran, in 1971. It is an international treaty which provides the framework for the conservation and wise use of wetlands and their resources. There are four areas currently designated Ramsar sites. These are:

• South/East corner of Jersey • Les Minquiers • Les Ecrehous & Les Dirouilles • Les Pierres de Lecq

These areas are important marine habitats because of their significance in supporting important local and international wildlife.

Les Pierres de Lecq Les Ecrehous & Les Dirouilles

Jersey

Les Minquiers

Figure 1: Areas currently designated as Ramsar sites within Jersey territorial seas (highlighted with a green border).

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2.0 Aims of the marine code of conduct Due to the complexity of the marine environment there are a number of laws and regulations, often overlapping, which encourage safety at sea and the protection of wildlife, see pages 9-17. Jersey’s coast and its offshore reefs can be visited with minimal impact to marine habitats and species, if visitors follow this Marine Code of Conduct. Although not a legal document itself this code aims to raise awareness by providing practical guidelines to prevent and minimize pressures on the marine environment and its inhabitants. This code contains information on the following:

• Sensitive marine areas and their wildlife. • Watching and interacting with individual species. • Local laws and regulations related to Jersey’s marine wildlife. • Specific water/ seashore based activities.

Jersey’s marine code of conduct has been designed to ensure that wildlife is protected, whilst human enjoyment is maintained now and for future generations.

It will: • Help visitors enjoy watching marine wildlife. • Improve the chances of encountering the wildlife. • Minimise disturbance to marine wildlife. • Provide a standard for the wildlife watching industry. • Help marine and coastal visitors stay within the law (SMWWC, 2006).

Source © Pete Double

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3.0 Main principles – for interacting with marine wildlife

• Knowledge – When venturing out into the marine environment ensure that you have researched the local area and the species that you may encounter. Obtain a good understanding of how your actions will affect the marine environment and what the wildlife will perceive as threatening behaviour. In the presence of wildlife be alert, patient and observant to ensure that the wildlife’s best interests come first.

• Responsibility - Be responsible for your actions when interacting with marine

wildlife, use the knowledge you have obtained to ensure your actions do not interfere or disturb the animals. Take note of the warning signs that animals show when distressed and move away. Be sensitive to the amount of time you spend interacting with the animals the presence of humans will disturb them, but it is your responsibility to keep this to a minimum.

• Respect – Ensure that you respect the marine environment, it’s inhabitants and

other users. Abide by the local rules and regulations to ensure that your behaviour is appropriate. Always leave the marine environment as you found it.

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4.0 Jersey’s laws, regulations and international agreements In order to protect the species diversity that can be witnessed in Jersey’s territorial waters, coasts and offshore reefs; the States of Jersey has adopted various local laws and has signed up to international environmental protection agreements. The information provided within this code of conduct on these regulations and agreements does not explain all of Jersey’s obligations in detail, but highlights those that will be of greatest importance to the public. Please note that laws, regulations and international agreements are continuously being modified, adapted and changed. For more information please visit:

• www.gov.je/environment • Environment Division on (01534) 441600.

4.1 International law The Convention of Biological Diversity, 1992 - The States of Jersey is committed to sustaining the Island’s terrestrial and marine environment through this convention. The Ramsar Convention on Wetlands of International Importance as Waterfowl Habitat 1971 – The States of Jersey has designated four sensitive marine habitats as Ramsar sites. 4.2 European law Jersey has an obligation to monitor relevant species under the:

• Bonn Convention 82/461/EEC on the Conservation of Migratory Species and Wild Animals (CMS).

• African-Eurasian Waterbird Agreement (AEWA), 1995. The AEWA covers

235 species of ecologically dependent on wetlands for at least part of their annual cycle.

• Bern Convention, 1976. The aim of this convention is to ensure the

conservation of European wildlife and natural habitats. Agreement on the Conservation of Small Cetaceans of the Baltic and North Sea (ASCOBANS), 1991 - Jersey is required to monitor the ASCOBANS listed species found in local waters to ensure they maintain a favourable conservation status as well as retrieving and reporting on by-catches. Jersey is working towards an extension of the International Convention for the Protection of the North East Atlantic (OSPAR), 1992. Annex V relates specifically to the protection and conservation of the ecosystems and biological diversity of the maritime area.

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4.3 National law Jersey is constitutionally a dependency of the British Crown. The Island is not part of the United Kingdom but forms part of the British Islands. The States of Jersey rent the foreshore from the Crown Estate at a cost of £4,500 per annum. The purpose of this rent payable lease is: to give the Island control over our environment and the public full enjoyment of the foreshore. A purpose stated within the lease is: “… to ensure the protection and the preservation of the environment and of the ecology both of the coast of the Island and of each part of the entire archipelago of the Bailiwick.” It agrees that the foreshore should be maintained and preserved for all to enjoy. The lease is renewed every 25 years. 4.4 Local law The Island Plan 2002 designates territorial waters as the marine protection zone (Policy M1) and sets out the land-use planning framework to the limit of Jersey’s territorial seas (i.e. out to the 12-mile limit or median line). As stated in Policy M1 of the Island Plan: “Within this zone there is a presumption against all developments, except that which is essential for navigation, access to water, fishing and fish farming and coastal defence. Where permitted, development should not materially harm the amenities, character or ecological balance of the area because of its siting, scale, form appearance, materials, noise or emissions.” Policies M2-M6 also reflect this presumption against development and refer to the protection of the local coast and marine waters and the biodiversity it supports. 4.4.1 The Planning and Building (Jersey) Law 2002 gives protection to sites designated as ecological or geological Sites of Special Interest (SSI) using criteria that include diversity, naturalness, fragility, typical-ness and potential value. 4.4.2 Water Pollution (Jersey) Law, 2000 - provides the control and prevention of pollution in Island waters (internal and coastal) and implements the provisions of The ‘OSPAR’ Convention. This law embodies current thinking on pollution protection based on: best available techniques, the precautionary principle, and the ‘polluter pays’ principle. Under this Law it is a statutory offence to pollute ‘controlled waters’. Therefore it is an offence to:

• Release any item that may be potentially harmful to the environment into the sea.

• Introduce any substance into local water that may be constituted as pollution once within the water.

The Environmental Protection Section of the Planning and Environment Department is responsible for the protection of Jersey’s ‘controlled waters’ i.e. the territorial sea up to the 12-mile limit and coastal waters, including bays and inlets.

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4.4.3 Water Pollution (Code of Good Agricultural Practice) (Jersey) Order 2004 (an outcome of Water Pollution (Jersey) Law, 2000: to help farmers and growers avoid causing water pollution. 4.4.4 Memorandum of Understanding (MoU), 2000 - The then Public Services Committee approved a memorandum of understanding between themselves and the Harbours and Airport Committee which sets out how the two departments will carry out pollution control responsibilities in the marine environment. 4.4.5 Jersey Harbours - Controls the movement and activities of all boats in Jersey’s territorial waters. 4.4.6 Boats and Surf-riding (Control) (Jersey) Regulations, 1969 Restrictions on speed, driving and noise Speed - It is an offence to:

• Cause or permit any boat to proceed at a speed in excess of 5 knots within 200 yards of the waters edge.- o A jet-ski or surf jet or any similar boat may not proceed at a speed of more

than 5 knots in any water 10 metres or less at Les Écréhous and Les Dirouilles.

o A jet-ski or surf jet or any similar boat may not proceed at a speed of more than 5 knots in any water 5 metres or less at Les Minquiers.

o any waters of St. Aubin’s Bay that lie generally to the west of a line that is drawn from the south end of La Haule Slip straight to Platte Rock beacon (being the beacon at that Platte Rock which lies north-east of Grosse Rock) and from there straight to Point de Bût;

o any waters of Bouley Bay that lie to the southern side of the shortest line drawn between Vicard Point and La Tour de Rozel;

o any waters of St. Brelade’s Bay that lie to the northern side of the shortest line drawn between Grosse Tête and La Cotte Point.

• This regulation shall not apply to any boat while it is being used on any life-saving operation.

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Driving - It is an offence to: • Drive a speed boat recklessly or at a speed or in a manner which is

dangerous to other persons in or on the sea. • Drive a speed boat without due care and attention or without reasonable

consideration for other persons in or on the sea. • Drive a speed boat which is towing a person engaged in water skiing,

aquaplaning, parascending or other similar sport unless he or she is accompanied in the boat by another person with experience of the particular sport whose function is to watch over the person being towed.

• Operate a jet-ski or surf jet or any similar type of craft to tow a person for the purpose of water-skiing, aquaplaning, parascending or other similar sport.

Noise - It is an offence to:

• Use, cause or permit any other person to use, any boat engine – o unless it is fitted with a silencer, expansion chamber or other

contrivance suitable and sufficient for reducing as far as may be reasonable the noise caused by the escape of exhaust gases;

o which causes any excessive noise either directly or indirectly as a result of any defect (including a defect in design or construction), lack of repair or faulty adjustment in the engine or any part or accessory of the engine; or

o in such manner as to cause any excessive noise which would have been avoided by the exercise of reasonable care.

• Exceptions will be made if temporary or accidental cause occurs which could

not have been prevented. 4.4.7 Food and Environmental Protection Act 1985 (Deposits in Sea Exemptions) (Jersey) Order 2007 – provides control of disposal of substances into the sea. Under this law it is an offence for any vessel within Jersey’s territorial waters to deposit sewage into the sea within one nautical mile (measured seaward) from mean high water springs, unless they have a licence to so. 4.4.8 Amendment of Rule 5 of the UK Rules of the Air, 1996 Except with permission in writing of the CAA, an aircraft shall not be flown closer than 500 feet to any person, vessel, vehicle or structure. Structure includes buildings on both Les Écréhous and Les Minquiers. 4.4.9 Flying code of conduct – Jersey Airport are currently working towards the development of a code of conduct for aircraft. Within this code consideration will be given to exclusion zones over sensitive areas, for example Les Écréhous, at particular times of the year i.e. breeding and nesting seasons.

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4.4.10 Sea Fisheries (Jersey) Law 1994 - Fisheries and Marine Resources Section of the Planning and Environment Department has the power to enforce all main EU and UK legislation regarding landing of catch. They also provided legislative measures and regulates fishing activity under the Sea Fisheries (Jersey) Law 1994 as amended. The Section is responsible for gathering fishery statistics and catch returns. Fisheries Regulation (Information provided by The Fisheries and Marine Resource Section)

Use of nets and lines - Set nets: These may only be used in between rocks situated less than 120m apart, below the half tide mark and marked in the same way as ground lines.

Draw nets: These may only be used in St Ouen’s Bay and in the Royal Bay of Grouville between the rocks known as Le Tas du Nord and the seaward end of Gorey Pier, from one hour before until three hours after low water and must have a minimum mesh size of 90mm.

Seine nets: Seine nets may be drawn ashore only when used for fishing for grey mullet and then only during two hours before and one hour after high water and providing that the net is of a length not less than 90m and is used in conjunction with a boat.

Trammel nets: Trammel nets and mesh nets may only be used where the depth of the sea is more than 130cm.

Restrictions on inshore netting: No person may use for the purpose of fishing for sea fish from a boat any passive gear or any equipment attached thereto, including anchors, lines and floats, within 200m of the shoreline between La Coupe Point to La Rocque Harbour and thence to St Brelade’s Bay Pier at any state of the tide during the hours of daylight during the period beginning on 1 April and ending on 15 October in any year.

Trawling and dredging: Trawling and dredging from boats is forbidden in the following areas:

1. St Brelade’s Bay; 2. St Aubin’s Bay, within the area bounded by a straight line drawn from the

Pointe du But to the Grosse Chateau Elizabeth; 3. The small roads in St Aubin’s Bay; 4. Fliquet Bay; 5. Grouville Bay and St Catherine's Bay, within the area bounded on the

seaward side by straight lines drawn from La Rocque breakwater to La Conchiere beacon to the Brett Rocks beacon to Le Cochon buoy to the Horn Rock beacon to Les Arch beacon to Le Fara beacon to the outer end of St Catherine's Breakwater.

Minimum size of nets: The minimum size of mesh for set nets and seine nets is 90mm. The minimum for all other types of nets, including trawls, now depends on the type of fish being targeted. For further details contact the Department.

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Ground lines: All ground lines must be below the half tide mark and marked at either end and at 10m interval by a buoy of a diameter not less than 10cm which, in the case of the buoy at each end, is indelibly marked with the name and address of the owner. No ground lines are allowed to be used during the period 1 April to 15 October in any year.

Foul hooking: The use of any hooks or lines which include any devise such as a murderer, fluke bar, strokehaul or snatch calculated to foul hook any fish is prohibited

Low water fishing: Low water fishermen are asked to return all rock they turn to their original position to conserve the environment beneath them.

Marking of gear - All fishing gear (including storeboxes and storepots) left in or on the sea must be clearly marked with the registered number of the vessel (registered name for those boats not requiring a J or JY number).

Minimum sizes of fish - No person shall land, sell, expose or offer for sale, or have in his possession any fish or shellfish that is under the minimum sizes set out below. Any such fish taken on board a boat must be returned to the sea immediately. Licensed commercial fishermen should check their licence conditions as they may contain further restrictions relating to the sizes of fish which may be retained or landed.

Seafish (minimum size in cm from tip of snout to end of tail fin):

Bass 36 Lemon Sole 25 Turbot 30 Bream 23 Mackerel 20 Whiting 27 Brill 30 Megrim 25 Witch 28 Cod 35 Mullet 20 Conger Eel 58 Plaice 27 Dab 15 Pollack 30 Flounder 25 Red Mullet 15 Haddock 30 Red Sea Bream 25 Hake 30 Saithe 35 Herring 20 Shad 30 Horse Mackerel 15 Sole 24

Shellfish (minimum size in cm):

Chancre crabs 14 Measured across the broadest part of the back. Lady crabs 6.5 Measured across the broadest part of the back. Whelk 4.5 Total length. Spider crabs* 12 The carapace measured from between the two horns to the

rear end of the body shell along the centre line of the body shell.

Lobsters 8.7 The carapace measured from the rear of the eye socket to the rear of the body shell along a line parallel to the centre line of the body shell.

Clams 4 Measured across the broadest part of the shell. Ormers* 9 Measured across the broadest part of the shell. Scallops 10.2 Measured across the broadest part of the shell. Razor fish 10 Across the longest part of the shell. Queen Scallops 4 Prawn 5 Measured from rostrum to tail.

* These fisheries are subject to seasonal closures.

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Parlour pots - Parlour pots shall have at least one escape gap of the legally required size in the parlour area. Parlour pots and pots designed to restrict the escape of shellfish are not to be used at Les Minquiers.

Fishing boat licences - Any boat used for commercial fishing (where the catch is sold) must hold a valid Jersey licence.

Fishing for ormers - Fishing for ormers may only take place from 1 October to 30 April. During that period fishing may only take place on the first day of each new or full moon and the three following days. If a full moon falls, for example, on 29 April fishing still cannot take place after 30 April. For a complete list of ormering tides please use the menu at the bottom of this page.

Possession of ormers - It is an offence to possess or export fresh ormers at any time other than between 1 October and 30 April. During that period fresh ormers may only be possessed on the first day of each new or full moon and the three following days if possessed on the boat and the five following days if possessed on land. Fresh ormers may only be exported on the first day of each new and full moon and the three following days; it is never permitted to export ormers that are not fresh. The term 'fresh' does not include frozen, cured or otherwise preserved so that low-water fishermen wishing to freeze down ormers to be eaten out of season may still do so. Underwater fishing - It is forbidden for anyone to take any shellfish, other than crabs, from the sea while totally or partially submerged and breathing with the aid of underwater breathing apparatus, or wearing a face visor, a mask or goggles. (Scallops may be taken by permit only - obtained from the Planning and Environment Department). If a vessel is used for illegal diving for shellfish the person in command of the vessel will be deemed to have committed an offence.

Source © Andrew Syvret

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4.4.11 Integrated Coastal Zone Management Strategy, 2008 - The Coastal Zone Management Strategy aims to identify the key factors affecting Jersey’s coast and put in place a series of widely supported aims, objectives and actions, which will promote a co-ordinated and sustainable approach to the future management of Jersey’s coastal zone. The Strategy will introduce measures that will:

• Recover and conserve the wildlife, habitats, geodiversity and cultural heritage of Jersey’s coast and sea, their supporting ecological processes and overall resilience.

• Increase understanding of marine and coastal environments, their natural processes, the impact that human activities have upon them, how to minimise those that have an adverse effect and improve the quality of decision-making.

• Promote and encourage the use of natural resources in a sensitive manner to ensure long-term environmental, social and economic benefits.

• Work with stakeholders to promote awareness, understanding and appreciation of the value of marine and coastal environments and seek wider involvement in adapting to change and in developing new policies.

4.4.12 Biodiversity Strategy for Jersey, 2000 – To conserve and enhance Jersey’s biological diversity and where appropriate, contribute towards conserving global biodiversity. 4.4.13 Biodiversity action plans, 2006 – There are obligations to develop biodiversity action plans for species within Jersey’s waters, under the following:

• Article 8 of the Convention on Biological Diversity, • The Biodiversity Strategy for Jersey (2000) and the • The Integrated Coastal Zone Management Strategy (2008)

The action plans aim to better understand species which inhabit marine and terrestrial environments. The action plans are there to highlight problems which these species face for example, human disturbance and what can be done to reduce negative impacts and sustain population numbers and their habitats. Biodiversity action plans currently written for marine and coastal species include:

• Ormer • Basking shark • Eel grass • Skylark

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4.4.14 Conservation of Wildlife Law (2000) - relating to the conservation of wild animals, wild birds and plants in Jersey Part 1 (Article 2([1)), Protected Wild Animals extends protection to dolphins, porpoises and whales Cetacea; seals Pennipedia; and marine turtles Chelaonidae and Dermochelyidae. All wild birds are protected except the crow, magpie, feral pigeon, wood pigeon and starling. Birds and Animals - It is an offence to:

• Kill, injure or take any protected bird or bird’s egg unless to aid an injured bird.

• Disturb any protected wild bird using a nest or animal using a den. • Use any type of trapping, shooting or catching device to snare a wild bird or

animal without a licence. • Sell protected wild animals and protected wild birds, unless licensed to do so. • Kill, injure or take any protected animal, animal or animal’s egg unless taken

to aid an injured animal. • Damage, destroy, take or prevent access to the nest or den of any protected

wild bird or animal. • Release or allow to escape into the wild any animal or bird which is not

ordinarily resident in or a regular visitor to Jersey in a wild state. • Show wild birds for competition, unless licensed to do so. • Export of certain reptiles and amphibians, unless licensed to do so.

Plants - It is an offence to:

• Knowingly pick, uproot, collect the seed of or destroy any protected plant, unless licensed to do so.

• To plant or otherwise cause to grow in the wild any prescribed plant, unless licensed to do so.

• To possess, transport, sell any protected plant, unless licensed to do so. 4.4.15 Policy guidelines

• Strategic Plan 2006-2011 • The State of Jersey Report 2005 • Environmental Monitoring Strategy 2004 • Biodiversity Strategy 2000 • Jersey Island Plan Review: Countryside Character Appraisal, 1999

4.4.16 Miscellaneous - It is an offence to:

• Litter the Island’s beaches. • Ride a horse or exercise a dog off the lead on the Island’s beaches between

the hours of 10.30 – 18.00 between 1 May and the 30 September.

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5.0 Maps of all habitat distribution and associated wildlife This map is currently being developed.

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6.0 Points of contact and WiSe accreditation

Action Contact To report disturbance to wildlife: Environment Division Tel: 441600

Harbour Office Tel: 497788 Meteorological Office Tel: 745550 (24 hour emergency).

To report wildlife sightings: Environment Division: 441600 Visit the Eco-Active Website: www.eco-active.je, where you can record your sightings online.

To report live stranding, oiled birds, or any marine animals which appear to be distressed:

Jersey Animal Shelter Tel: 724331 (office hours) 07797 720331 (24 hour emergency).

To report dead marine mammal animals:

Environment Division: 441600 (office hours) or Meteorological Office: 745550 (24 hour emergency).

For further information on the marine code:

Environment Division Tel: 441600

6.1 Accredited WISE operators The WiSe (wildlife safe) scheme offers nationally recognised training and accreditation to charter operators wishing to become involved in sustainable marine ecotourism. WiSe training is suitable for operators who both specifically set out to view wildlife and those who have chance encounters. The course sets out the best code of practise when interacting with marine wildlife and specific information about wildlife in Jersey, which can be used to educate customers. Using local operators familiar with the area for your diving and wildlife expeditions should also increase the value of your experience and ensure that no offences are committed. WiSe accredited tour operators have undergone the appropriate training and are recommended by the States of Jersey’s Environment Division. A full list of locally accredited operators can be found below. To be added – following course on the 5 March, 2008. If you wish to know more about WiSe, please contact: WiSe Wave Action: (01326 313886) or visit www.wisesheme.org The Environment Division States of Jersey, Planning and Environment Department - Environment Division, Howard Davis Farm, La Route de la Trinite, Trinity, Jersey, JE3 5JP T: +44(0)1534 441600 F: +44(0)1534 441601 www.gov.je/environment

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7.0 Safety in Jersey’s marine and coastal areas Jersey has a 12 m tidal range, which is one of the largest in the world. The speed in which the tide alters can often catch people unaware if they have not researched Jersey’s maritime environment. To minimise the potential risks associated with Jersey’s maritime environment please take the appropriate precautions. Before venturing into or on Jersey waters ensure that you have:

• Ensured your vessel is well maintained. • The appropriate safety equipment. • Good knowledge of local waters. • An up to date weather forecast. • GPS and charts of the local area. • Adequate training from a reputable company, for example RYA. • For more information on courses and information about boating in Jersey waters

please contact the Jersey Harbours on 447788. It is good practise to radio into Jersey Coast Guard as you leave Jersey to inform them of your departure and intended destination. More information on safety at sea is available from Jersey Harbours and Jersey Coast Guard.

• Port control - VHF CH14 or Jersey Coast Guard VHF 25 OR 82. • Jersey Harbours Tel: 01534 497788.

7.1 Safety note – boat users Ensuring the safety of vessels and their passengers takes priority at all times. Action taken to prevent injury or loss of life, or save a vessel are exempt from byelaws and codes of conduct. To aid the safety of a vessel and its passengers always:

• Avoid conflict with other users by knowing and abiding by the collision regulations.

• Understand your local marine environment. • Always carry the appropriate safety equipment. • Always be safe at sea by following the appropriate guidelines

7.2 Speed note– boat users An appropriate speed within sensitive marine areas is a maximum of 5 knots over ground, but preferably 3 knots. A speed of 5 knots should not be exceeded unless tidal conditions dictate that a higher speed is needed in order to stay in control of your vessel and for boat manoeuvrability.

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8.0 Jersey’s marine codes of conduct We share Jersey’s marine and coastal waters with a large diversity of marine wildlife. All wild animals and their habitats are sensitive to disturbance and need to be treated with respect and understanding. A number of these animals are protected by law and it is an offence to intentionally kill or injure protected marine wildlife (unless you hold a permit). This code of conduct applies to both recreational and commercial users of the marine environment. Without jeopardising the safety of passengers and vessel we should conduct ourselves in a manner which does not alter the natural behaviour of marine

wildlife and their safety.

8.1 General code of conduct for ALL users of the marine environment

• Before visiting a site research the area to get an understanding of the wildlife and any restrictions which may be applicable to visitors.

• Avoid areas which are known for resting, breeding and feeding of marine wildlife.

• Do not disturb dense populations of marine mammals or birds as they may be

courting or feeding. • It is an offence to litter Jersey’s beaches. Take all litter home – plastic and glass

are dangerous to wildlife and other people. • Abide by any relevant Fisheries and Harbours regulations, see pages 11 & 13.

• Keep dogs and children under control in wildlife sensitive areas.

• Photography of wildlife needs to be conducted with care – stay back, use a

decent lens, and avoid using a flash.

• For your safety and the health of marine wildlife never attempt to swim with, touch or feed the animals. Wild animals can cause personal injury and there is the potential for contracting diseases such as brucellosis, and passing on human diseases.

• Interactions with marine wildlife can tame them resulting in the loss of their

natural instinct of fear. Subsequently they may need managing to prevent injury, disturbance or death.

• Avoid spilling fuel, oil and other hazardous substances at sea, it is against the

Water Pollution (Jersey) Law to permit or carry out such an action.

• Avoid conflict with other marine and coastal users by adhering to the relevant regulations and codes of conduct.

• Where possible ensure you visit the appropriate facilities before venturing into

the marine environment. If appropriate please take portable facilities with you. If unavoidable please ensure you relieve yourselves below the high water mark.

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• When exploring the marine environment it is advisable that you go with an accredited and experienced guide from a reputable company or organisation.

• If you see anyone recklessly disturbing or harassing wildlife please report it to the

relevant authority.

• Do not attempt to rescue wildlife that appears abandoned or injured – call the Animal Shelter – Tel: 724331.

• Get involved in activities that protect marine life and support marine conservation

groups.

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9.0 Codes of conduct for marine species The safety and well being of all marine wildlife is important and should be

respected at all times. If you encounter wildlife not specifically mentioned, please follow the Marine

Code of Conduct most relevant to that species. For example, basking sharks – please follow the cetacean code.

9.1 Code of conduct for sea birds (written in association with WiSe and RSPB)

• When observing wild birds ensure that you do not alter their natural behaviour. This can be achieved by keeping noise to a minimum, refraining from making loud noises and keeping a distance of 100m from the birds.

• Avoid isolated shingle banks, enclosed bays, gullies and cliffs throughout the

year. These are often places where birds go to breed, nest and feed.

• Never walk through a nesting site or feeding flocks, this may have devastating affect on the birds and may cause irreversible damage to nests.

Source © Pete Double

• Be aware that birds may feel threatened by human presence. To protect their

young and themselves they may display behaviour which can result in personal injury.

• The period of time between the 1 March and the 31 July is particularly sensitive

as birds come ashore to nest. Sites of sensitivity include steep cliffs and rocky outcrops.

• The following behaviours indicate preparedness to fly:

Head craning, head turning. Head bobbing Wing flapping in situ

If you observe any of the above move away and allow the birds to settle – watch from a distance using binoculars.

9.2 Birds at sea

• Avoid disturbing to birds by only using recognised landing areas. • Never approach bird colonies closer than 100m.

• Be sensitive to wind direction and engine fumes choking birds nesting.

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9.3 Code of conduct for seals (written in association with Pembrokeshire County Council)

• Seals should be approached from a sideways angle to reduce stress – never

approach a seal ‘bow on’. • When in shallow waters be aware of submerged seals and never creep up on

seals.

• Do not land on beaches where seal pupping occurs from August 1 to the end of November.

• Never place yourself between a mother and pup, particularly young pups left on

beaches that need regular attention from their mothers. Adult females generally rest underwater 10-30 meters from the shore.

• Do not disturb nursing pups, move immediately away from the area to avoid

disturbances which may result in the pup missing an important feed.

• Hauling out or mooring close to young animals may distress nearby parent animals and prevent them feeding or approaching their young. Prolonged disturbance may cause abandonment of young altogether.

• Always allow an escape route for seals, so that they are able to move away.

• If a seal shows signs of distress immediately move away slowly. Signs include

rapid swimming to and fro, sudden panic diving, and re-entry to the water.

Source © Environment Division

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9.4 Code of conduct for cetaceans (dolphins and porpoises) (written in association with WiSe and Pembrokeshire County Council)

• On sighting cetaceans, vessels should gradually slow down to a speed no greater than 5 knots (or no wake speed) and keep a distance of 100 meter from the cetaceans.

• When encountering cetaceans whist moving or if they choose to bow-ride,

continue on your intended course, avoiding any unpredictable or erratic movements and do not change direction.

• Avoid groups of cetaceans with young and never come between a mother and

her calf.

• Never drive deliberately between a group of cetaceans, allow them to remain together.

• If safe switch off all sonar equipment when near cetaceans, this can affect their

communication and navigation.

• Report your cetacean sightings via www.eco-active.je.

• Move away slowly if you notice signs of disturbance – such as erratic changes in speed and direction, or length period underwater.

9.5 Solitary dolphins

• If a solitary dolphin is discovered, try to avoid interacting with the animal by

maintaining a steady speed in the direction intended.

• Solitary dolphins may swim close to the boat propellers, if safe, switch your engine to neutral and drift until the animal loses interest. Do not jeopardise your own safety whilst doing this.

• If the dolphin follows your boat, it is important, where possible, to ensure that the

dolphin does not follow you into a harbour or marina. If this were to happen contact the Harbour authorities upon arrival.

• Port control - VHF CH14 • Jersey Coast Guard - VHF 25 or 82. • Jersey Harbours Tel: 01534 497788.

Source © Andrew Syvret

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10.0 Codes of conduct for activities on the sea

All activities which take place on the sea have the potential to disturb marine wildlife. Please adhere to the following codes of conduct to

keep disturbance to a minimum. 10.1 General code of conduct for boat users

• Follow appropriate ‘good practise’ guidelines for activity or craft type and maintain a look out at all times.

• When approaching marine mammals ensure you reduce your speed to at least 5

knots when 150 meters away from the animal.

• When leaving a site: Move quietly at a speed of 3 knots. Do not open throttle until you are at least 150 meters away from

colonies or you are outside the defining headland in any enclosed inlet or narrow bay.

• Engine noise should be kept to a minimum. This can be achieved by avoiding

sudden throttle use and motoring at 5 knots or less, whist maintaining full control of your vessel.

• Keep voices low and never blow a horn or similar near a seabird colonies or

marine mammals.

• When encountering marine wildlife keep speed slow and controlled. Use steady and predictable movement to minimise the risk of disturbance and collision with marine mammals.

• Anchor away from sensitive nesting, breeding and feeding sites.

• Keep a distance of 100 meters from a marine mammal, unless it approaches you

- they can be very curious if unstressed.

• Avoid overcrowding - a maximum of three vessels should be observing marine wildlife at any one time. Refrain from alerting other vessels about the location of cetaceans. If the area becomes over crowded you should move away.

• Limit observation time – when in the presence of marine mammals only observe

them for a maximum of 15 minutes.

• Leave marine mammals an escape route – be aware of your surroundings – marine mammals will have a restricted escape route in enclosed waters such as narrow channels and bays. If there is more than one vessel in the vicinity avoid boxing animals in.

• Care should be taken when using non-motorised vessels. Vessels with low or no

engine noise are less likely to be heard by marine wildlife, which may result in collision.

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• It is an offence to pump-out holding tanks containing sewage within one mile of the shore. It is advised that people use port facilities wherever possible.

• Ensure boats are well maintained, especially the engine and propeller. This will

also help to reduce noise.

• Anti-fouling paint is very toxic to the marine environment and wildlife. Remove old paint inshore and dispose of it in the correct manner.

• In areas of intense marine mammal activity consider fitting a prop-guard to

prevent causing injury.

10.2 Code of conduct for personal water craft (written in association with Kent County Council)

• Be aware of local regulations that may restrict PWC use, see page 11. • Avoid sensitive areas and stay clear of islands, sand banks and offshore reefs.

• Do not launch or approach roosting or nesting sites for birds, especially around

high tide.

• It you encounter birds or marine mammals (e.g. seals and dolphins) slow down and give them a wide birth (200 meters).

• When passing wildlife, maintain a steady direction and slow ‘no wake’ speed.

• Avoid the low water mark where birds may be feeding.

• PWC are noisy and may cause distress to wildlife, if necessary move away from

wildlife. 10.3 Code of conduct for water skiing

• Be aware of local regulations that may restrict water skiing/ wake boarding use. • If you encounter wildlife ensure you give it a wide birth. Do not drive through

groups of birds. • Ensure that you follow the code for the interaction with marine wildlife. • Keep a good lookout for wildlife and potentially dangerous situations. • Do not create excessive wash when passing wildlife.

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10.4 General code of conduct for wind sports

• Research the wildlife which is specific to an area – if you have an understanding of the wildlife you can learn how to keep disturbance to a minimum.

• Before setting off look for areas which wildlife occupy.

• Avoid disturbing wild birds – do not pass through the middle of a flock.

• Be aware of others using the coast/sea.

• Ensure you follow safety codes of conduct for your specific sport – get in touch

with local clubs. 10.5 Code of conduct for kite surfing and other wind sports (Written in collaboration

with Jersey Kitesurfing Association) Voluntary code of conduct for kitesurfing in Grouville Bay – written by the JKSA Please kite within the area marked on the map. This is the area that lies between Fort William, and Fort Henry. Insert map Keeping within this designated section of the Bay throughout the year will ensure that the wildlife has an ability to seek refuge either side of the kitesurfer whilst kitesurfing, assembling equipment and landing kites. Use your common sense. If there is a large flock of geese or other bird life on the beach or sea within this designated area please try and avoid disturbing them. For more information about the Jersey Kitesurfing Association and for safety and environmental code of conducts, please refer to the JKA website: www.jerseykitesurfing.co.uk. Setting up kitesurfing equipment

• It is suggested kites are inflated at the top of the beach but not on the sand dune banks or in the car park.

• Kites are then to be walked down to the area of the shoreline and lines etc set-

up. Launching of kites

• Kites are to be launched near the shoreline to ensure that bird life has adequate space up the beach and to the side of the voluntary designated kitesurfing area to rest and ‘escape’ a kite.

• Always keep your lines away from people, animals and craft on land.

• This area should only be used to launch/land and never to practise land-based

flying skills, especially jumping.

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Kitesurfing

• Before flying your kite, check your immediate kitesurfing area for wildlife to ensure that you are not creating an unnecessary disturbance the minute you are up and riding.

• Make a mental note of your location in respect to the designated kitesurfing area

and ensure you remain within this area.

• If you are more than 200 metres from the shore, it does mean that you can kitesurf out of the designated area.

Landing of kites

• Kites are to be landed near the shoreline and not flown up the beach. This is for your safety, the safety of bystanders and will ensure minimal disturbance of wildlife in the area.

• As with launching, this area should only be used to land and never to practise

land-based flying skills, especially jumping. Carrying kites

• If possible kites should be deflated near the shoreline and carried up the beach. If this is not practical then kites may be safely carried up the beach but deflated before being taken off the designated kite surfing area.

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10.6 Code of conduct for kayaking (written in conjunction with the Kayaking Association of Canadian sea kayak guides) Sea kayaking enables up close encounters with wildlife in their natural habitat. With this privilege is the responsibility to gain knowledge and understanding of the creatures which may be encountered to ensure you act in the safest way possible for both the marine wildlife and yourself.

• It is recommended that paddlers explore the marine environment in small groups both for safety and to minimise wildlife disturbance and environmental impacts.

• On open water you may encounter ‘rafts’ of sea birds. Avoid causing disturbance

to rafting birds as they may regurgitate food meant for their young or take flight during valuable resting time.

• Be careful of seashore life when entering and leaving the water and avoid

trampling sealife along the shoreline.

• Avoid directly approaching wildlife and paddle when it least disturbs them.

• Retreat from an area by back paddling if wildlife appears disturbed.

• Follow "Leave No Trace" camping ethics.

• Respect other paddlers and all users of the water.

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11.0 Codes of conduct for activities on the coast

All activities which take place on the coast have the potential to disturb marine wildlife. Please adhere to the following the codes of

conduct to keep disturbance to a minimum. 11.1 Code of conduct for cliff path walking

• Keep to footpaths, particularly on the cliffs. This is important as deviating from the cliff paths can cause damage and disturbance to plants and wildlife.

• The cliff paths on Jersey’s coast often pass through private property, please

respect this.

• Keep dogs under control, remove dog mess and dispose of it in the bins provided – do not leave plastic bags containing dog mess hanging on trees.

• It is an offence to pick wild plants – leave them for others to enjoy.

• It is an offence to disturb bird’s nests or remove eggs.

• Respect the peace and quiet of the natural habitats and avoid disturbing others.

• Shut all gates.

• Leave livestock, crops and machinery alone.

• Guard against all risk of fire – ensure cigarette ends are completely extinguished

and taken home with you.

• Do not ride bicycles on footpaths.

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11.2 Code of conduct for intertidal visitors and recreational fishermen

• If fishing remove all tackle and related fishing items.

• Do not allow your dog to chase marine wildlife.

• Be aware of your environment – watch out for the incoming tide, see page 20.

• Take care when climbing on rocks and on seaweed, it is easy to misplace your step or slip over.

Rock pools

• If you overturn rocks please replace them as you found them, they are the homes of intertidal species which rely on them for shelter whilst the tide is out.

• Collection of souvenirs such as shells, pebbles or marine creatures should be

kept to a minimum. • Do not urinate in rock pools, this could lead to water conditions which species

can not tolerate.

• Do not walk in rock pools. Take care where you step, you may not see creatures which are attached to the rocks.

• Look but refrain from touching the marine life. Species can be sensitive to rough

handling, which may result in injury or death.

Source © Sue Daly

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11.3 Code of conduct for climbers

• Do not collect wild animals or eggs.

• Try and avoid known nesting sites.

• If you find a nesting site by accident move away carefully – try not to disturb the chicks or nesting birds and find another route.

• Details of specific areas which are best avoided during the nesting season, which

may change year to year, are available from the Société Jersiaise Bird Section Tel. (01534) 758314 or the Environment Department on Tel. (01534) 441600.

• Do not ‘clear’ pitches or leave permanent anchors.

• Remember it is our responsibility to ensure that the cliffs remain open for access

to all of the many species that inhabit Jersey.

• Act responsibly and enjoy your climbing. 11.4 Code of conduct for dog walking

• Do not leave dog mess in any coastal more marine setting. It can be hazardous to both to humans and wildlife.

• It is an offence to exercise a dog off the lead on the Island’s beaches between

the hours of 10.30 – 18.00 between 1 May and the 30 September.

• Keep to the paths and be aware of where you walk in areas where birds are nesting.

• Keep noise to a minimum as this can disturb nesting birds and could result in

them leaving their young.

• Do not allow your dog to chase bird life, birds may find this very distressing and it may result in them being displaced from important feeding and breeding sites. To avoid this please keep dogs on leads below the high tide mark and walk your dogs above the high tide mark.

Source © Pete Double

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13.0 Codes of conduct for activities in the sea

All activities which take place in the sea have the potential to disturb marine wildlife. Please adhere to the following this code of

conduct to keep disturbance to a minimum. 13.1 Codes of conduct for activities on the coast

• It is not advisable to swim with marine mammals. If you do enter the water, stay at least 4m away from the marine mammals, being wary of the tail and refrain from touching or feeding them.

• Restrict groups to 4 persons in the water at a time, staying on the surface where

possible and do not enter if the visibility is less than 4m.

• If diving, ensure you can control your movements and buoyancy.

• If using a torch, avoid shining it directly at marine wildlife.

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14.0 Les Écréhous code of conduct Les Écréhous is one of Jersey’s offshore reefs, which is host to a huge diversity of marine wildlife and is loved by visitors for its remoteness and tranquillity. Les Écréhous is a potentially dangerous reef for those inexperienced and unaware of size of its tidal range and the sometimes unpredictable changes in weather and currents. Visitors to Les Écréhous are strongly advised to seek advice from Jersey Harbours or a local guide when considering visiting the reef to ensure safe practise. Due to the ecological importance of this offshore reef it was designated as a Ramsar site in 2000. To aid in the protection of Les Écréhous reef a management plan is currently being developed through public consultation. In light of this consultation process, aspects of this code may alter as these developments take place.

Source © David Yettram

• When bring visitors to Les Écréhous make sure they are aware of all aspect of the code of conduct.

• Do not leave litter, including food scraps and disposable barbeques at Les

Écréhous. It is potentially dangerous to the wildlife and is unsightly for other visitors.

• Do not vandalise the natural or built environment at Les Écréhous.

• The huts which are situated on Les Écréhous are private property and visitors

are asked to respect owner’s privacy.

• There are no toilet facilities at Les Écréhous. Please refrain from relieving yourself on the islands. Ideally bring the appropriate apparatus to dispose and remove your waste, for example a port-a-potty. If needs must please relieve yourself below the high water mark.

• Take care if swimming; the tidal currents can be strong around Les Écréhous

reef.

• Do not feed or touch the wildlife.

• Do not plant anything on Les Écréhous reef.

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• Photographing wildlife needs to be conducted with care – stay back, use a

decent lens and avoid using a flash. Bird nests are very sensitive.

• Avoid landing or walking on Maitre Ile from the 1 January to 31 August. It is a very sensitive bird nesting site and walking through it will result in the disturbance of nesting birds and the possible destruction of valuable nests.

• Avoid crossing the shingle bank from La Marmotiere to Blanc Ile between the 1

January and the 31 August. Blanc Ile is an important nesting site for Cormorants. Disturbance to this area may have a detrimental impact on these birds.

• Never walk through a nesting site or feeding flocks, this may have devastating

affect on the birds and may cause irreversible damage to nests.

• To help reduce disturbance to the marine birds which nest at Les Écréhous please refrain from landing on any of the islands if they are overcrowded.

• If fishing on or around Les Écréhous reef adhere to the fisheries regulations, see

page 13. Management plans will be developed for the remaining three Ramsar sites. Whilst these plans are being developed we ask that visitors to these areas follow the Les Écréhous and general code of conduct, see page 21

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15.0 The future SSI – Sites of Special Interest 271.58 hectares of Jersey’s land has been designated ecological SSIs. A number of these SSI’s are in coastal locations, but currently no marine SSI’s exist in Jersey. Jersey’s Integrated Coastal Zone Management proposes the establishment of marine SSI’s, based on a set of criteria which take into account all the factors relating to the importance of a site. The Planning and Environment Department have pledged to safeguard and help manage the most valuable marine environments by designating them as Marine Sites of Special Interest. Designation would only occur in consultation with other committees, agencies and stakeholders. Designation of marine SSIs would also contribute towards our undertaking under various International Conventions to which Jersey is a signatory including the Convention on Biological Diversity, the Bonn Convention on the Conservation of Migratory Species of Wild Animals and the Bern Convention on the Conservation of European Wildlife and Natural Habitats.