Marine resources - ensuring long term sustainability: remote electronic monitoring (REM) consultation

1. Introduction

Scotland's seas are rich and diverse, hosting an abundance of marine life providing a healthy, low carbon source of food as well as a source of employment for Scotland and the international community. As set out in the Scottish Government's Fisheries Management Strategy^[1], we have a responsibility as managers of this public resource to ensure that fishing takes place sustainably and responsibly, and that fishing activity is accountable, delivers confidence for consumers and the wider public as regards the products offered.

As we look to deliver responsible and sustainable management, the way in which we deliver accountability and confidence needs to evolve. Embracing technology such as Remote Electronic Monitoring (REM) and advancements in Machine Learning (ML) provides opportunities not just to modernise the way in which we manage, but to deliver savings for the public good by improving our processes and capabilities.

The proposals detailed within this consultation paper are set within this context, by ensuring we fully capitalise on the benefits that can be brought through the use of technology to:

• Improve our capacity to monitor fishing activity at sea and increase compliance with legislation for all vessels fishing in Scottish waters;
• Enhance our scientific capability and knowledge, supporting sustainability of fish stocks and the management of our natural resources;
• Deliver the confidence and accountability that consumers and members of the public want to see from our seafood products;
• Improve fishing data to help the fishing industry co-exist with other marine users, better assist marine planning, and build resilience in our fishing fleets and our fish stocks.

Rolling out the use of REM and ML technology offers real opportunities to position Scottish seafood not only as being of the highest quality, but also as being one of the most sustainable and well managed products. It is our strong belief that REM should be seen as a positive tool by the fishing industry and we want to work with stakeholders to develop and deliver this in partnership, to ensure that the framework we put in place is workable and that it delivers a level playing field to all fishing vessels legally harvesting fish in our waters.

The proposals set out within this paper focus on the following:

1. The general principles of REM. We would welcome all stakeholders views on these points as they will apply across fleet segments – not just those being consulted at this stage.

2. Formal Consultation on mandatory REM requirements in the:

2.1. Pelagic sector. Defined as Refrigerated Sea Water /Chilled Sea Water (RSW/CSW) and freezer trawls fishing with a mesh size of 70mm or less within Scottish waters, targeting mainly mackerel and herring, with a significant catching capacity whilst delivering high quantity and value seafood products. We will be implementing this requirement following consultation, but will seek views on aspects of the policy.

2.2. Scallop dredge sector. We will be implementing this requirement following consultation, but will seek views on aspects of the policy.

3. Initial views sought regarding REM in the:

3.1. Demersal sector. Defined as mobile vessels with an overall length of 12 metres and over specifically large whitefish and mixed fishery vessels fishing in Scottish waters. We are not seeking to formally consult on the implementation of REM for this sector, but would like to seek initial views from stakeholders on a range of options.

With regards to the inshore sector, specifically vessels with an overall length of 12 metres and under, we are not seeking specific views on monitoring and tracking solutions in this consultation. The Bute House Agreement includes a number of fisheries management proposals for inshore waters^[2], including a commitment to extend tracking and monitoring solutions for all commercial fishing vessels by the end of the current parliamentary session. These proposals will be subject to consultation in 2022.

Following the principle set out within the Fisheries Management Strategy, that a one-size-fits-all approach to management should be avoided in order to take account of the variations in fishing practices across different fleet sectors, and the need for proportionality, the proposals for these different sectors vary in coverage, specification and timescale for implementation.

1.1 Context

Since 2012^[3] it has been a requirement for all EU and UK fishing vessels 12m and over to be fitted with a Vessel Monitoring System (known as VMS) which transmits a vessel's positional data to a satellite and then sends it to a national or international body that monitors vessels' position, course, speed and other parameters.

The coupling of VMS data with electronic logbook data is currently the most practical and cost-effective way to describe the spatial dynamics of fishing activities. At present the International Council for the Exploration of the Seas (ICES) requests VMS and logbook data from ICES member countries via an annual data call, with the data products (spatial distribution of fishing effort and surface and subsurface abrasion) used as a basis for advice to fisheries managers within the EU. Currently, the UK has a memorandum of understanding with ICES which enables the UK to ask for advice products directly. It should also be noted that VMS data is also accessible to Marine Scotland Science (MSS) staff for a variety of relevant analyses. While the methodologies and workflows for processing VMS data are well-developed there are a number of short-falls, particularly in regards to the uncertainty of inferring fishing activity from vessel speed for mobile bottom-contacting fishing gears, the inability to infer fishing activity for static gears, and the relatively long intervals between VMS pings (1-2 hours).

In addition to VMS, vessels may also carry an Automatic Identification System (AIS) which transmits a ship's identifier, course and speed to those around it as a safety measure to alert others to their presence, activity, and to avoid collision. Since 31 December 2020, this has formed part of retained EU law in the UK, subject to certain amendments to allow it to operate^[4].

However, over the last decade a variety of electronic technologies that can be applied to a fishing vessel to support more comprehensive fisheries-dependent data collection have been developed. These include electronic reporting, electronic monitoring, and transmitted or archival Global Positional Systems (GPS).

The ICES Working Group on Technology Integration for Fishery-Dependent Data (WGTIFD) has defined a common vocabulary of electronic technologies to be used within the ICES community^[5], as follows:

• Electronic Monitoring (more commonly referred to as Remote Electronic Monitoring (REM) within the UK) – the use of imagery, sensors, and GPS to independently monitor fishing operations, effort, and/or catch.
• Imagery - The use of one or more cameras to collect single images or video.
• Sensor - Digital or analogue devices used to detect or measure fishing operations such as vessel movements, fishing gear operation, and other characteristics.
• Transmitted or Archival positional data systems – GPS systems that collect and transmit data from the vessel or gear during a fishing trip (or archive data on the vessel, and then transmit at the end of a fishing trip(s)) (e.g. AIS, VMS)
• Machine Learning (ML) – Applications of artificial intelligence that provide systems with the ability to automatically learn and improve from experience while analysing both image-based and non-image based data.

Given our view that a blanket "one size fits all" approach for the deployment of monitoring solutions is not likely to be proportionate or appropriate, we need to tailor the technologies deployed to match the nature and profile of our fishing fleets. This will likely result in simplified REM systems for some fleets (or fleet segments) that do not necessarily feature all the components as defined by WGTIFD.

REM as a monitoring and data collection tool was first trialled in Scotland during 2008. At the time it was utilised as part of a large scale monitoring scheme in the Scottish fishing industry during the time that the Cod Recovery Plan (CRP) (2009-2016) was in place, offering a Fully Documented Fishery (FDF) monitoring scheme. Vessels took REM on-board in return for incentives, namely additional cod quota and an increased days at sea allowance. The FDF scheme enabled Marine Scotland officials to build up a considerable level of expertise and experience of operating an REM scheme successfully, and provided a clear demonstration that REM can work as an effective compliance tool. It also acted as the catalyst for comprehensive development of REM technology in a scientific context^[6], with ongoing research into best practice for extracting accurate scientific data from CCTV footage, developing methodologies for the assessment of fish and shellfish stocks using REM, and investment and development of ML software which can deliver automated image recognition of fish caught as they are processed on on-board conveyor belt systems.

In addition, to benefit from the dispensation provided in The Regulation of Scallop Fishing (Scotland) Order 2017^[7] (to use 10 dredges per side in the 6-12 nautical mile zone) a number of scallop dredge vessels already have an REM system (including GPS, winch sensors and two cameras) installed on-board. Marine Scotland officials use the REM data generated to confirm that a vessel is not exceeding prescribed dredge numbers in Scottish territorial waters and ensuring adherence to the rules governing Marine Protected Areas (MPA).

There are many international examples of REM being introduced and used successfully, including being implemented in a compulsory fleet-wide manner, for example in Chile^[8] and New Zealand^[9]. Several of these programmes monitor pelagic fisheries including the mid-water purse seine fishery for small pelagics in Chile, the tuna purse seine fisheries in the Indian and Atlantic oceans^[10], the mid-water Pollack fishery in Alaska^[11], and the Atlantic herring and mackerel midwater trawl fisheries^[12]. In a European context, work continues to be undertaken by the European Commission and the European Fisheries Control Agency (EFCA) to consider how and where REM may be deployed within the EU fleet.

It should be noted that given its devolved competence to legislate in this area, the Scottish Government, seeks views by means of this consultation to expand the usage of REM as regards Scottish vessels (and all other vessels fishing in Scottish waters). In developing this policy, the Scottish Government intends to work closely with other UK administrations to ensure that REM policies and requirements are aligned across the 4 nations.

The Scottish Government's policy of EU alignment aims to maintain and advance the high standards that Scotland enjoyed as part of the European Union. The current EU position on REM is being discussed as part of the development of the revised EU Control Regulation. The EU is committed to delivering sustainable and responsible fisheries management, delivering compliance with key pieces of legislation such as the landing obligation, and recognises REM as an important tool in demonstrating that compliance and delivering accountability, although it has not yet agreed scope, specifications and timescales for delivery for REM systems. The proposals outlined within this consultation paper align in principle with the EU's existing fisheries management policies and progress the EU's current position by mandating the introduction of REM for key parts of the fishing fleet. The addition of 3^rd country vessels – such as Norwegian and Faroese – needs to be considered as well.

The concept of a 'level playing field' is an important one and is central to the implementation of REM – put plainly, all vessels, whether Scottish or non-Scottish, will face the same requirements. We know from experience the damage that can be done if measures are applied inconsistently. During the Cod Recovery Plan (2009-2016), many of the measures introduced only applied to the Scottish fleet rather than across all vessels fishing in Scottish waters and we saw a situation whereby Scottish vessels would see their activities constrained whilst non-Scottish fishing vessels fishing alongside them could continue as before. For that reason, REM will be applied fairly and equally to all vessels licensed to fish in Scottish waters, regardless of nationality.

1.2 Why REM?

The benefits from REM can be significant, particularly when cameras and sensors are used. The benefits derived from REM systems can vary from fleet to fleet but cover a number of main areas, as set out in the sections below.

Enhancing knowledge and understanding

REM technology offers a range of scientific benefits, by supporting and enhancing existing fisheries-dependent data collection methods such as independent fishery observers, statutory returns (i.e. logbook or FISH1 forms), and, in the case of vessels of length 12 metres and over, VMS. REM technologies can improve the timeliness, resilience, quality, cost-effectiveness and accessibility of scientific data to ensure the data utilised for fisheries management decision-making is of high quality.

The implementation of REM and ML on fishing vessels could, in the future, ease the reporting burden and duplication of effort on behalf of fishers and fisheries compliance organisations by automating vessel activity and catch reporting and flagging spurious data. At present, the technology available does not seem to be capable of replacing Fish1 forms or logbooks; but while existing methods of reporting will continue, the possibility of technology advancing to supplement or even replace this system should be considered.

Delivering confidence and accountability

REM can enhance our abilities to demonstrate accountability in fishing practices, to deliver confidence that fishers are complying with the rules and regulations which are in place, and to supplement existing enforcement tools used as part of a world-class compliance system. REM can also be used to prove compliance with existing regulations: for example, to counter perceptions that vessels are acting illegally (e.g. fishing in a restricted area) when in fact no illegal activity is taking place. Used properly, REM would be able to demonstrate sustainable practices and adherence to the rules. At a time when markets are increasingly focussed on sustainability, traceability and accountability, the presence of REM on-board will help vessels respond to market and consumer drivers and should help in the overall context of seeking accreditation for different fish stocks.

REM can also act as a deterrent to any non-compliant activity, such as discarding, high grading, or misreporting and can create a level playing field for all vessels that use it within a fishery as long as rules are applied fairly and consistently and where there are appropriate levels of monitoring and analysis.

Many Scottish registered fishing vessels fish not only in Scottish waters but also in wider UK waters and beyond into other Coastal State areas. Whilst the primary purpose of this consultation is to consider the operability of REM inside Scottish waters, the Scottish Government can also require measures to be applied to Scottish vessels when they are fishing outside of Scottish waters. With that in mind, it would be possible for us to mandate that applicable^[13] Scottish vessels use REM regardless of where they are fishing. This would add to the richness of data that we collect and also assist from a fisheries compliance perspective, delivering confidence and accountability in fishing practices. We recognise that this may mean that Scottish fishing vessels would have more monitoring technology than others when outside of the Scottish zone, but also consider that it would help demonstrate our ambition and role as a leading fishing nation.

Question 1: Do you agree that Scottish vessels required to use REM in the Scottish zone should also have REM operational when operating outside of the Scottish zone?

Possibly through a license condition, non-Scottish vessels, if at any time they are fishing in Scottish waters, could be required to provide all of the fishing trip's data for analysis – otherwise these vessels could behave exactly as desired once having left Scottish waters.

Marine spatial planning

There are considerable challenges in managing human activities in the marine environment where space is at a premium and in high demand from a range of industries and multiple users. The higher spatio-temporal resolution of positional data collected by REM systems in comparison to VMS, combined with sensor data, allows for the spatial distribution of fishing activity to be mapped. The approximately 10-second polling interval of REM GPS data logging permits complete charting of vessel tracks and the sensor data and/or camera(s) establishes accurate activity on location. Such data could be an essential resource to the fishing industry in evidencing their use of space in marine spatial planning consultations and in demonstrating their activity in a particular area or at a given time. In addition this data could be used to minimise gear conflict between fishing industry sectors and encourage better use of space.

Resilient systems

Fisheries, fishers and both fishery-dependent and fishery-independent data collection have all been severely impacted by the COVID-19 pandemic. In many fisheries this has resulted in a combination of sampling programmes being suspended and, when operational, limited observer availability due to quarantine rules. Globally, however, REM programmes have been only marginally impacted demonstrating the resilience of remote monitoring in its ability to provide continued uninterrupted data collection regardless of external extenuating factors. These benefits highlight the advantages of having multiple monitoring methods to ensure an evidence base for continued fisheries management in unprecedented situations.