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

2. General principles

2.1 Use of data

Scotland's marine environment is a national asset and a shared natural resource. Marine Scotland, as the directorate of the Scottish Government responsible for the integrated management of Scotland's seas, collects data as part of necessary monitoring activities in Scottish waters.

REM data are collected either through legal frameworks, or sometimes as part of voluntary pilot schemes. Under both circumstances, data that can identify living people are personal data that are protected by law, and only kept for as long as it is strictly necessary. Data that can lead to direct identification of people are only kept for a period long enough to either examine them for legal compliance, or select a subset of data for examination. Once this process is completed the data are deleted from systems, in accordance with strict retention periods.

Across this type of monitoring, the overall information about activities is often used to analyse wider patterns. This type of analysis can range from understanding the impact of displacement of activities, or understanding the overall effort required for a certain catch for example. For this type of analysis, data are anonymised and aggregated to a point where no individual can be directly or indirectly identified. Data products that represent these analyses will sometimes be made available to wider society as evidence for changes in policies or legislation.

When monitoring activities in Scottish waters involves other bodies that store or process the data for Marine Scotland, it is still Marine Scotland that is responsible for the protection of the data. Contracts include clear requirements for protecting the personal data, and Marine Scotland has a legal obligation to report any breach in protecting personal data.

To be clear, Marine Scotland does not share a vessel's REM data with external bodies without the authority of the vessel owner, unless we are under a legal obligation to do so (e.g. on legitimate request by prosecution or other law enforcement bodies).

Operationally, the data transfer from some vessels can be complicated. For example, pelagic vessels operate at a significant distance away from land when actively fishing, and so transmitting any live data to shore requires both a complicated system and is expensive. The use of "live" data, video or still images, will vary from fleet segment to fleet segment. Scottish vessels will be required to submit data to Marine Scotland Compliance when reaching port. Non-Scottish vessels in turn will submit data to their Fisheries Monitoring Centre (FMC), who can then in turn provide that data to Marine Scotland on request.

2.2 Costs

The exact costs for REM will vary depending on the system specifications put in place, the different costs charged by commercial operators, and the number of cameras and / or sensors which are deployed.

Systems will vary across fleet segments. Moreover, exactly how data is stored and transferred for analysis can affect the final cost of a REM system.

Costs can be broadly split into three categories: 1) the initial upfront cost of hardware (system and installation), 2) the cost of data transfer and system software / licences, 3) the ongoing maintenance of hardware and replacement kit. It should be noted that these are estimates only.

In addition to the varying costs of REM systems, different parts of the fishing fleet will have different financial capabilities, and the affordability of REM systems will vary from vessel to vessel and business to business. It may be appropriate in some cases for public funding to be provided to support the upfront purchase cost of REM equipment (for example, Marine Scotland is providing £1.5 million under the Modernisation of the Inshore Fleet Programme), and possibly in the form of grant funding via the Marine Fund Scotland. Any grant funding provided would be for Scottish vessels only although non-Scottish vessels may wish to engage with their relevant authorities regarding potential funding avenues which may be available.

When considering the costs to businesses, we must also consider the benefits to industry from having REM on board, particularly in being able to demonstrate vessels are fishing sustainably and ethically, and in line with legislation. As a result, the quality and reputation of the Scottish fishing industry will benefit.

Question 2: Do you foresee any barriers to vessels meeting the costs associated with the REM systems themselves? This includes upfront and ongoing costs. And if so, please provide details.

2.3 Penalties

Breaches of these policies, for example having a non-functioning REM system, will have penalties applied under current structures (namely fixed penalty notices, and possible prosecution through courts depending on severity and regularity).

We believe that, in the vast majority of cases, fishers seek to fish within sustainable limits and to adhere to the rules and regulations that are in place. That said, the environmental consequences of not adhering to existing legislation can be significant. It is hoped that the introduction of REM will act as a deterrent of harmful and illegal fishing practices.

The REM systems proposed within this consultation paper are able to detect non-compliance with legislation, deter it in the first instance, and deal with it appropriately and proportionately if it happens. With that in mind an appropriate offence provision will be provided for within the REM legislation. Penalties could be applied for the following reasons (though not exclusively):

• Not having REM on board when fishing
• REM breaking down for reasons other than force majeure
• Failure to provide REM data on request within a clearly defined time limit.

Penalties for non-compliance currently include;

• A Fixed Penalty Notice (FPN) offered as an alternative to reporting to the Crown Office and Procurator Fiscal Service (COPFS) for prosecution
• Direct reporting to COPFS for prosecution

At present any vessel found to have a non-functioning VMS system can have their authority to sail removed until a time that evidence is provided (from a qualified person or company) that the system is fully functioning. It is envisaged that this restriction would be applied in respect of REM.

These penalties would also be applied to non-Scottish vessels fishing in Scottish waters.