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

CHAPTER 3 - PROPOSALS FOR IMPLEMENTATION

3.1 Introduction

3.1.1 In November 2006 European Ministers agreed to the introduction of electronic recording and reporting of fishing activities for certain groups including registered buyers and sellers of first sale fish and also fishing vessels over 15 metres in overall length. They also agreed that Member State Fisheries Monitoring Centres ( FMCs) must possess the technical capability for them to match positions derived by remote sensing with the data received from vessel monitoring systems ( VMS). This decision is set down in Council Regulation 1966/2006.

3.1.2 Detailed rules on the implementation of electronic recording and reporting have now been agreed in Brussels. They are contained in Commission Regulation 1566/2007. A copy of this Regulation is available on the internet at: www.scotland.gov.uk/topics/fisheries/sea-fisheries/compliance or in Chapter 4.

3.1.3 This Chapter explains the implications for you of this decision and seeks your comments on our proposed approach for implementation. This Regulation will change current reporting practices and it is important that we have your views on its implementation. Please read the relevant section carefully.

3.2 If you are a Registered Buyer or Seller of First Sale Fish

3.2.1 From 1 January 2009, if you are a registered buyer or seller and your annual turnover in fishery products is more than €400,000 (approx £240,000) you will be required to record and submit your records of first sales of fish to us by electronic means. You will no longer have to submit paper copies of sales notes. Fisheries Administrations will be required to maintain a list of all registered buyers and sellers caught by this requirement and will initially need you to provide this information to us.

3.2.2 We propose in addition to allow you to record and submit your sales note electronically even if your turnover in fisheries products is below 400,000€. If you choose to do this you will not have to submit paper copies to us.

3.2.3 Where you already have electronic records or a database containing the necessary information, we will provide you with the format for submission and the codes that you will need to use in order to transmit that information to us. Various data formats are being considered including CSV, excel workbook and worksheet formats, flat file and XML. You will then be able to email the information to us in line with the requirement to submit sales notes within 48 hours of completion of sale. i.e. when you have all the relevant information available. We also propose to support the transmission of batches of sales notes alongside transmission of individual notes.

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

3.2.4 If you do not currently have electronic records or databases, we are considering developing a web-based system which will enable you to enter and submit individual sales notes electronically. When you log-on to the system, it will use your user name to retrieve your details and thus save you time in completing and submitting sales notes. The system will then store your submissions securely for you to access for your own purposes at any future date.

3.2.5 The regulation requires e-sales notes to be transmitted to the competent authorities of the state in which the buyer or seller is registered. Where the place of the of first sale is different from the country of landing, the fisheries administration will then automatically route the electronic sales note to the MS in which the fish was landed.

3.2.6 This Regulation does not change the actual information that must be provided on a sales note or the deadlines for submission of information. If you wish to check the information required, please contact your local port office.

3.3 Take over declarations

3.3.1 Under current EU rules, where fish is landed but is not offered for sale or is intended for sale at a later date, the owner of the fish or their agent ("the holder") must complete and submit a take-over declaration. This document must contain similar information to the sales note information (except for the price paid) and must also indicate the place where the products are stored. Under the new Regulations the 'holder' of the fish, must submit this information to Fisheries Administrations by electronic means.

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?

3.4 If you are a fishing vessel owner

3.4.1 If you are a Master of a fishing vessel you will be required to record and submit logbooks, transhipment and landing declarations electronically from the following dates:

• 1 January 2010 if your vessel is over 24m in overall length;
• 1 July 2011 if your vessel is over 15m overall length.

3.4.2 You will no longer have to complete paper copies of these documents. In addition, when landing abroad you will no longer have to provide copies to authorities in the coastal state. Instead, we will forward copies to them of the relevant electronic logbooks and landing declarations which you have submitted to us.

3.4.3 The electronic logbook may also be the means by which you will in future give prior notice of entry into port, record catch on board on entry into and exit from recovery or management areas and record entry to and exit from Western waters effort management areas.

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?

3.4.4 The effect of this new Regulation means that the 'official logbook' for vessels using electronic logbooks will now lie with Fisheries Administrations rather than on-board the vessel. It also removes the burden from the Master of providing paper copies of logbooks, landing and transhipment declarations to the flag State when landing into a port of another Member State, as the Master will have transmitted the electronic logbook and landing declaration to the flag State which in turn will forward it automatically to the landing State's Fisheries Monitoring Centre.

3.4.5 The rules also allow us to:

• apply the rules earlier than the above dates;
• require or allow smaller vessels to use e-logbooks and landing declarations and therefore benefit from the new technology; and
• exempt day boats (i.e. vessels carrying out fishing trips of 24hrs or less) from the need to complete logbooks and landing declarations electronically if they fish exclusively within British Fishery Limits. (Such vessels would have to continue completing paper copies of these forms.)

3.4.6 There is also an exemption for vessels used exclusively for aquaculture.

3.4.7 We are unlikely to have the necessary systems in place to allow vessels to use e-logbooks before 1 January 2010. However:

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?

3.5 How will the system work?

3.5.1 You will receive an acknowledgement message for all messages sent to the Fisheries FMC. Where no receipt or return message has been received after a set number of retries, or where there is a breakdown of equipment on board the vessel preventing transmission, manual reporting is to be used. The Regulation states that the master of the vessel shall transmit relevant logbook data at least once a day and at the request of the competent authority.

3.5.2 If your system malfunctions you will not be allowed to leave port to begin another fishing trip until we are satisfied that the system is working properly or we otherwise give you permission.

3.5.3 Fisheries Administrations will enable Masters and owners to access the vessel's current and previous trips through a secured access procedure

3.5.4 Boarding at sea - requirements remain that a Master must bring the logbook up to date on request and be able to provide access to the current logbook details e.g. via a print out from an on-board system, or by screen display.

3.6 Funding

3.6.1 There may be limited funding available through the European Fisheries Fund to assist in the cost of purchase of any electronic logbook system or system component. It is believed this would provide up to a maximum of 50%. We will keep you updated on the likelihood and/or availability of such funding over the next few months.

3.7 Options for the on-board system

3.7.1 In order to make the system as useful as possible, the UK Authorities are considering a range of options for the on-board system

3.7.2 Option 1: to only state the data definitions, formats and communication requirements that each vessel must meet in transmitting their electronic logbook/landing declarations. This would enable vessels with existing equipment and catch recording systems to extract the e-log information and transmit this without adding any more assets to the on-board system. Vessels without catch recording systems would be able to purchase those that best suited their business needs. Vessels would be responsible for purchasing their own equipment and software from those available on the market.

3.7.3 Option 2 to provide a piece of software to enable the on screen capture of logbook data and/or a feed of the data from an existing system, to reformat this to the required definitions etc, to highlight any errors, then to transmit on Master instruction through existing on-board communication systems. This again would enable Masters to continue to use existing systems with the added benefit that electronic logbook transmissions would be checked for conformance with the data definition prior to transmission. Vessels would use government issued software and would be responsible for providing their own equipment.

3.7.4 Option 3 to provide a list of systems (hardware and software and comms) that have been checked as being able to be configured to meet the electronic logbook requirements. This would enable Masters to choose a new system that could be expanded to best meet their other business needs. Vessels would select equipment and software from a government approved list.

3.7.5 Option 4 to specify one hardware and software system that all Masters are to deploy. Vessels would use government approved software and equipment.

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