Consultation on the Implementation of Detailed Rules on Electronic Recording and Reporting of Fishing Activities and on Means of Remote Sensing in Scotland

CHAPTER 2: PURPOSE OF CONSULTATION

2.1 What are we consulting about?

2.1.1 We are looking to establish a UK electronic Sales Note and electronic Logbook IT system. This proposal is in accordance with EC legislative requirements of Member States under the EU Council's Regulation No 1966/2006. The Regulation sets out the obligations on Member States for eSales Notes from January 2009 and for eLogbooks from January 2010. Electronic Recording and Reporting Systems ( ERS) will be applicable to registered buyers and sellers of first sale fish and also fishing vessels over 15 metres in overall length.

2.1.2 Due to the timetable for implementation of the Regulation it is important to concentrate initially on the eSales Notes requirement. The Regulation states that eSales Notes must be in operation by 01 January 2009:

2.2 Why are the changes proposed?

2.2.1 The aim of this Regulation is the simplification of recording and onward transmission of information allowing vessels and Member States to take advantage of modern communication techniques. It also contributes to the standardisation across Europe of access to information.

2.3 Who might be affected by the proposals?

2.3.1 The fish catching sector in Scotland, registered buyers and sellers of first sale fish, vessels from other flag states that fish in Scottish waters and the SFPA.

2.4 What will be the financial impacts?

2.4.1 There may be additional costs but these will be based on what option is implemented and will be mitigated by the reduction in the administrative burden associated with paper record keeping for fishing businesses. We will undertake a detailed assessment of the costs. A Regulatory Impact Assessment is being developed and will accompany draft legislation for further consultation in the Summer. The RIA will contain a full assessment of the costs of the available range of options.

2.5 How will the proposals be taken forward?

2.5.1 Following this consultation and taking into account the responses received, the output of which will be used to inform the implementation policy and the drafting of Regulations. We will then consult on the draft Regulations and Regulatory Impact Assessment. The Marine Directorate will also issue a guidance note to industry following the introduction of the Regulations.

2.6 By when are comments requested?

2.7.1 The Scottish Government generally allows 12 weeks for consultations and that time scale is considered to be appropriate for this consultation. Comments are therefore requested by 5 May 2008.

2.8 What comments are requested?

2.8.1 The Scottish Government welcomes your comments on the proposed implementation and your responses to the following questions taken from Chapter 3 :

Question 1:
Are there other formats or transmission methods you would wish us to consider and what are your preferences?

Question 2:
Would it be preferable for such 'holders' to use the web-based system or simply to submit the required information in an excel spreadsheet or similar using email? Are there any other means of submission that we could consider for this declaration?

Question 3:
What are your views on the use of such electronic notifications? Would it reduce the administrative burdens currently placed on vessels fishing in and around these areas?

Question 4:
Do you think vessels between 15 and 24m should be allowed to complete logbooks and landing declarations electronically before 1 July 2011?

Question 5:
Do you think vessels below 15m should be allowed to complete logbooks and landing declarations electronically?

Question 6:
If you are a day boat would you prefer to be able to complete logbooks and landing declarations electronically or on paper?

Question 7:
What are your views on each option? Are there any others we should be considering?

Comments are invited by mail or by email and should be sent to:

Email: Licensingandcompliance@scotland.gsi.gov.uk

Fax: 0131 244 6288

The Scottish Government may make the responses to this consultation paper available to the public and to the Scottish Parliament. We will acknowledge responses and may publish an analysis of the responses after the consultation. If you respond to this consultation you are requested to complete the enclosed Respondee Information Form attached at Annex A. This will ensure that we handle your responses appropriately.