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

4. REM for scallop dredge vessels

4.1 Introduction

During development of the Fisheries Management Strategy, it was made clear that Scottish Ministers intend to lay legislation in the Scottish Parliament making it mandatory for a fully operational REM system to be installed on-board scallop dredge vessels.

The introduction of REM legislation for all scallop dredge vessels in the Scottish zone needs to be considered in the context of existing provisions in the Regulation of Scallop Fishing (Scotland) Order 2017^[15] ("the 2017 Order"). In accordance with the 2017 Order a number of scallop dredge vessels are already equipped with REM systems (including GPS, winch sensors and cameras).

4.2 The Regulation of Scallop Fishing (Scotland) Order 2017

On 1 June 2017, the 2017 Order came into force, introducing new measures for the conservation of king scallops, in order to help improve the management of effort in the Scottish fishery and to help increase the spawning stock biomass (the total weight of fish in a stock that are old enough to reproduce).

Under the 2017 Order, two different management arrangements (relating to dredge restrictions) are currently in force to help control and monitor dredge effort in the 0-12 nautical mile zone. A vessel fishing inside 12 nautical miles of the Scottish coast must ensure that either:

1. Any tow bar deployed is no more than 7.5 metres in length; no more than 2 two bars are deployed at any time; and no more than 8 dredges are towed per side at any time;

Or

2. A fully functioning REM system (GPS, winch sensors, cameras) is installed on-board that allows analysts in Marine Scotland Compliance to verify the number of dredges being deployed at sea. Vessels with an appropriate REM system can fish with up to 8 dredges per side in the 0-6 nautical mile zone, and with up to 10 dredges per side in the 6-12 nautical mile zone.

The provisions in the 2017 Order requiring the use of REM systems on-board were introduced using powers contained in the Sea Fish (Conservation) Act 1967 and the Sea Fisheries Act 1968, in order to ensure that restrictions relating to the number of scallop dredges are complied with.

4.3 The Fisheries Act 2020 ("2020 Act")

The 2020 Act provides Scottish Ministers with new legislative powers which allow them to introduce broader REM requirements. For example, in relation to scallop dredge operations, REM requirements do not now necessarily need to be linked to the gear i.e. the number of scallop dredges being deployed. More specifically, the 2020 Act provides the Scottish Ministers with new powers to make regulations about the use and design of equipment used to monitor sea fishing for conservation (e.g. to ensure fishing restrictions in Marine Protected Areas are respected) or fishing industry purposes.

4.4 Proposal

The proposed new legislative instrument is focussed on REM systems being fully operational on vessels carrying and/or deploying scallop dredge gear in the Scottish zone, and therefore needs to be considered alongside the current provisions (relating to gear restrictions) in the 2017 Order, as follows:

4.4.1 Restrictions on number of scallop dredges for king scallops (Articles 4 and 5 of 2017 Order).

Marine Scotland intends to separate REM requirements from the restrictions on number of dredges for king scallops. Therefore, provision will be made that would apply to all vessels operating in the Scottish zone, and would maintain limits on the number of dredges that can be deployed when fishing for king scallops as follows:

• In the 0-12 nautical mile area within the Scottish zone, no more than 8 dredges can be deployed from each of the port and starboard sides of the boat (no more than 16 dredges in total).
• In the 12-200 nautical mile area within the Scottish zone, no more than 14 dredges can be deployed from each of the port and starboard sides of the boat (no more than 28 dredges in total).

During Marine Scotland's 2014 consultation on new controls in the Scottish King Scallop Fishery^[16], some larger vessel owners and processors expressed opposition to a 8 dredge per side limit due to economic impact^[17]. On consideration of the different sectors of the scallop dredge fleet, Marine Scotland accepted that vessels willing to install REM would be allowed to deploy 10 dredges per side in the 6-12 nautical mile area within the Scottish zone (Article 4 as read with Article 6 of the 2017 Order). The intention is to provide existing vessels that have a historic track record of fishing in the 6-12 nautical mile area with 10 dredges per side, verified by REM equipment, with permission to continue to do so.

Tow bar restrictions are superfluous when REM (including cameras) is in operation. Vessels currently operating under the tow bar restrictions established under Article 5 of the 2017 Scallop Order would need to take no further action in order to comply with the proposed gear limits set out above (i.e. they are already required to deploy no more than 8 dredges per side in the 0-12 nautical miles area within the Scottish zone).

4.4.2 REM requirements (Article 6 of the 2017 Order)

In effect, the intention is to make provision in the legislation which substantively replicates (see 'REM System Specification' below) the current REM requirements (Article 6 of the 2017 Scallop Order) for all scallop dredging. The scope of these requirements will be broader in that they will apply to all vessels (Scottish and non-Scottish) carrying and/or deploying scallop dredge gear in the Scottish zone, regardless of scallop species being prosecuted and number of dredges being deployed.

We consider that such an approach genuinely enhances our ability to demonstrate accountability in fishing practices, to deliver confidence that scallop fishers are complying with legislative rules and regulations. Cameras are a corroborative tool used to determine when fishing activity is being carried out, helping to address alleged fishing incursions into protected areas.

Our view is that if the technology should be deployed consistently across the scallop dredge fleet it will ensure that the intention is not undermined by one or a small number of 'rogue' vessels for whom we currently cannot, but need to, prove fishing activity on location.

Question 10: Are you aware of any issues we need to take account of when we apply REM requirements consistently across all scallop dredge vessels in the Scottish zone, regardless of scallop species being targeted or number of dredges being deployed? If so, please provide details.

4.5 The benefits of REM on scallop dredge vessels

There are significant fisheries management and compliance benefits from having REM on board scallop dredge vessels. The Scottish Government has fostered open discussion and close collaboration with the full spectrum of national scallop fishing interests via the Scottish Scallop Sector Working Group. Convened in 2019, this group is the principal mechanism for ensuring industry involvement as regards scallops, as we extend the use of REM and consider other policy developments.

The high spatial resolution positional data generated through REM systems which identifies where and when (including the time taken and distance covered by tow) a vessel is fishing is valuable in a range of circumstances at local and national levels. Extending the use of REM for the dredge sector will act as a tool to deter and detect non-compliant activity and provide a more detailed profile of the fishing fleet, particularly in Scotland's inshore area, where space is at a premium and our fisheries evidence base can be improved. More consistent spatially rich fishing activity data can help the sector co-exist with other marine users and better assist in marine planning, licensing and research.

The REM camera function is an effective enforcement solution by monitoring compliance with legislative rules and regulations when vessels are at sea, specifically:

• to validate that the number of dredges deployed at sea do not exceed statutory limits; and,
• to function as a corroborative tool to prove (or disprove) fishing activity on location, for example when in close proximity to a restricted area and ensuring compliance with marine protection legislation.

Looking ahead, it may be possible that camera systems on scallop dredge vessels could be used to monitor catch composition and that scientists could obtain the biological data (age and measurements of scallops) required for stock assessments by analysing video footage or images rather than sampling landings at markets and processors. Purpose designed REM development work is ongoing but preliminary studies suggests that the shape and orientation of scallops and the catch sorting and handling systems on board dredgers make this particularly problematic, compared to fin fish identification and measurement systems. Work will continue to ascertain if improvements can be made to allow the accurate length measurements and age readings of scallops using on-board camera systems.

4.6 REM System Specification

In general, the REM requirements set out in Article 6 of the 2017 Order have proven an effective tool for monitoring the scallop vessels within scope of the provision.

These REM requirements currently include winch sensors and at least 2 digital cameras. Sensors are mounted on the vessel to capture location and activity data. GPS and other data such as speed, direction and winch movement detection are provided to ascertain vessel location and what fishing activities the vessel is engaged in at that location. The two cameras are positioned to monitor all fishing activity on location.

The intention is therefore to essentially replicate these established REM provisions in the new legislative instrument (but widen their application to ensure that all vessels carrying and/or deploying scallop dredge gear in the Scottish zone have a fully operational REM system installed on-board that meets the standards required).

At present, the legislation specifies video imagery of 1080 pixels per frame. As this does not allow for continuous video streaming and only still images, making analysis difficult, Marine Scotland intends to introduce a requirement that the REM system must have the ability to record footage to a minimum of 5 Frames Per Second (FPS).

Question 11: Do you agree that REM requirements on vessels carrying and/or deploying scallop dredge gear in the Scottish zone should be broadly aligned to existing REM requirements provided for in Regulation 6 of the 2017 Order? Please explain your answer.

Question 12: Do you consider that any other changes (in addition to the ability to record footage to a minimum of 5 FPS) should be made to the REM system specification?