Pelagic fishing - remote electronic monitoring: guidance

4. Data

The master, owner or charterer (if any) of a relevant pelagic boat is responsible for ensuring the data requirements, as set out in the legislation and technical specifications, are met. There are various offences associated with failure to comply with the data requirements – these are set out under the relevant section of this guidance.

You should work with the supplier of your REM system to ensure that you understand how the data is to be transferred and stored, and to ensure that the system you use is compliant with the requirements.

4.1 Winch and VPS data

The REM system must automatically transmit data from the winch sensors and VPS device in a secure manner at least once in every 24-hour period. For non-Scottish boats, this requirement applies to fishing activities in Scottish waters. For Scottish boats, this requirement applies regardless of where they are fishing.

In accordance with the technical specifications at Annex B you need to ensure that winch and VPS data is transmitted to a data storage system, for example a storage system provided by your REM system provider.

Data must be kept for 1 year and made available to Scottish Ministers on request. In some circumstances Scottish Ministers may serve the master, owner and / or charterer (if any) with a written notice which exempts specified data from this, or other duties.

The data transfer must take place in a secure manner, to ensure that the recorded data cannot be altered in any way after the data are recorded.

4.2 Camera data

Camera data can be large in volume, which means that data transmission and storage considerations have been taken into account as part of the operational requirements. Masters, owners and charterers (if any) can choose their preferred method of data transmission depending on their business requirements. Data transmission of camera data must be automatic but can either take place at sea, in port, or a combination of the two. We recommend speaking to your REM system supplier to determine which method is right for you. Costs will vary depending on the method you use.

For those boats with a quick turnaround in port, or with large amounts of data to transmit (e.g. freezer boats whose trip length may be longer than other pelagic boats) it may be preferable to transmit data, or start the data transmission, whilst still at sea.

As with the winch and VPS data, camera data must be transmitted to a data storage system owned, operated or hosted by or on behalf of the manufacturer of your REM system (i.e. a data ‘cloud’). Once transmitted, you should ensure that the data is stored for one year from the date of capture or the date automatic transmission was completed, whichever is the latest, and made accessible to the Scottish Ministers on request during that period. Data must be stored during this period unless instructed by the Scottish Government that it may be deleted.

The data transfer must take place in a secure manner, to ensure that the recorded data cannot be altered in any way after the data are recorded.

4.3 Mandatory timescales for camera data transfer

Camera data transfer to the storage system for each fishing trip must be completed automatically no later than 5 working days after a boat returns to port or at the point that the next fishing trip starts, whichever is earlier. For non-Scottish boats operating in Scottish waters, it is possible for fishing activity to continue after leaving Scottish waters, as long as the data is transmitted in accordance with the regulations, and as long as the transmission of that data recorded in Scottish waters is completed within 5 working days of the boat returning to port or prior to re-entering Scottish waters.

4.4 Costs and Access Requirements

All costs relating to the transmission and storing of data must be met by the boat owner or charterer (if any). Officials operating on behalf of the Scottish Ministers must be able to, at any time, and without cost, access the recorded data, extract the recorded data and review the recorded data using your REM providers software so that the data can be analysed appropriately.

The technical specifications published in accordance with the REM legislation require REM systems that are capable of allowing a British sea-fishery officer, from a position inside the wheelhouse of the pelagic boat, to extract data from the REM control or storage box. We anticipate that the method for data extraction in Scotland would likely be a pen drive. However, this requirement may vary across other jurisdictions where Scottish Ministers do not have responsibility and, to help facilitate interoperability, we recommend that your REM system is capable of uploading a portion of data (including camera data) to a third party system on request.

Scottish Government officials reserve the right to download data to their own corporate systems for further analysis. Such data is held in accordance with the published privacy notice [https://www.gov.scot/publications/remote-electronic-monitoring-privacy-notice/].

4.5 Exemption notices

In exceptional circumstances the Scottish Government may authorise an exemption to these data transmission and retention requirements at any time, if they are satisfied that there is reasonable cause to do so. This will be in the form of a written notice.

Conditions may be specified as part of this written notice and an offence may be committed if these are not met.

4.6 Ad hoc data transmission requests

Scottish Ministers may at times require access to specific data within a short time period, otherwise called a ‘data transmission request’. Notwithstanding the data transmission requirements set out in the regulations, at any time an ad hoc data transmission request may be served on the master, owner or charterer (if any). Data transmission requests will be proportionate and we anticipate will be used infrequently.

Data transmission requests will be made in writing and will be used for the purpose of requesting that REM data in relation to a fishing trip be immediately transmitted to a data storage system owned, operated or hosted by or on behalf of the manufacturer of the REM system (i.e. a data ‘cloud’).

If a data transmission is served then the master, the owner and the charterer (if any) must:

Transmit all the requested data securely and in a manner which ensures that the data cannot be altered in any way after they are recorded by the REM system (i.e. that data should be encrypted). Transfer the relevant data to the data storage system (i.e. the cloud) identified in the request within a period of 72 hours beginning with the time at which the notice is received. It is likely that the transfer of data will need to be carried out at sea, or else the boat may return to port to complete the data transmission, providing that this is within the allotted timescale.

A data transmission request can only be made to non-Scottish pelagic boats when they are located within the Scottish zone or to Scottish registered pelagic boats wherever they may be fishing. Scottish Ministers may not serve a data transmission request to non-Scottish pelagic boats when they are located out-with the Scottish zone.

Please note that whilst Scottish Ministers do not currently intend to use remote access to retrieve REM data it may be a requirement elsewhere in areas where Scottish Ministers do not have responsibility and the capability of remote access is included as part of the Scottish Government’s pelagic technical specifications as a way of helping to facilitate future interoperability.