Pelagic fishing - remote electronic monitoring: guidance
This guidance sits alongside the Remote Electronic Monitoring SSI, which will come into force for pelagic fishers on 7 March 2026.
5. Offences and Penalties
REM legislation introduces a number of offences and penalties that you should be aware of.
The relevant offences and penalties will become enforceable on 7 March 2026 (following the lead-in time for pelagic boats to comply with the legislation).
5.1 REM – Penalties
British sea fishery officers (BSFOs) in the Scottish Government monitor and enforce marine and sea fishing laws in Scottish waters and report, as appropriate, to the Scottish prosecuting authorities.
In the event that any of the offences outlined below are committed the master, owner or charterer (if any) will each be considered to have committed an offence, unless specified otherwise. Furthermore, where an offence is committed by a company this may result in an offence being committed by a director or other officer of that company.
Where on summary conviction the master, owner or charterer (if any) is found to have committed an offence the penalty is a fine not exceeding £50,000. In circumstances where the master, owner or charterer (if any) is found to have committed an offence on conviction on indictment, the penalty is an unlimited fine.
In either case, the court may also order forfeiture of any fish in respect of which the offence was committed and of any net or other fishing gear used in committing the offence. Furthermore, an additional fine, not exceeding the value of the fish, may be imposed on summary conviction.
Alternatively, and depending on the severity of any infringement, officers may offer a Fixed Penalty Notice (FPN) to the master, owner, or charterer (if any). The levels of FPN range from £500 up to a maximum of £10,000. Further guidance is available at Marine compliance: fixed penalty notices – gov.scot (www.gov.scot).
5.2 REM - Offences
Issue: Offences arising from the requirement to have a fully functioning REM system installed onboard:
Applies to: |
Offence: |
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The master, owner and the charterer (if any) of a relevant pelagic boat each commit an offence if any of these duties and prohibitions are contravened (“contravene” includes a failure to take a required action to comply with a duty) |
It is an offence to not ensure that an REM system which complies with the technical specifications specified by the Scottish Ministers is installed on board any relevant boat. |
It is an offence to not ensure that the REM system installed on board a relevant pelagic boat is fully functional for the duration of any fishing trip. This offence is subject to specified exceptions, for example, in the event that an REM system malfunctions during a fishing trip and the duties/procedures set out are fully complied with or where a fishing trip is carried out with the prior written consent of the Scottish Ministers for the purpose of testing the functionality of a REM system. |
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It is an offence to not ensure the REM system undergoes a remote inspection prior to the first fishing trip being undertaken following the first installation or replacement of an REM system. |
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It is an offence to not undertake a system test trip under the remote supervision of the Scottish Ministers for the purpose of assessing whether the REM system is fully functioning to the satisfaction of the Scottish Ministers. |
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The owner and the charterer (if any) of a relevant pelagic boat each commit an offence if this duty is contravened |
It is an offence to not pay in full any costs, charges and fees arising from or in connection with arranging and maintaining access for the Scottish Ministers to the data storage system and the companion software to the REM system. |
Issue: offences relating to the collection and transfer of REM data
Applies to: |
Offence: |
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The master, owner and the charterer (if any) of a relevant pelagic boat each commit an offence if any of these duties and prohibitions are contravened (“contravene” includes a failure to take a required action to comply with a duty) |
It is an offence to not take all reasonable steps to arrange and maintain access for the Scottish Ministers to the data storage system owned, operated or hosted by or on behalf of the manufacturer of the REM system and the companion software to the REM system. |
It is an offence to not take all reasonable steps to ensure that REM data recorded in relation to a fishing trip is retained for 1 year and to not make the data available to Scottish Ministers on request during the 1 year period. |
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It is an offence to not submit required information (e.g. the validation form) to the Scottish Ministers in certain circumstances. The relevant circumstances include:
following any changes to the information already provided on a validation form within 7 working days (this 7 working day period runs from the day after the change occurs). |
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It is an offence to not comply with a specific data transmission request notice made by Scottish Ministers for raw REM data to be transmitted within 72 hours of the request being received (this applies to the pelagic provisions only). |
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Any person that tampers with the REM system, along with the master, owner and the charterer (if any) of a relevant pelagic boat each commit an offence if this duty is contravened |
If any person tampers or interferes with the REM system (except to repair, clean or replace the system) or with the recorded REM data, that person, along with the master, the owner and the charterer (if any) each commit an offence. |
Issue: offences arising from technical failure or malfunctioning or the onboard REM system
Applies to: |
Offence: |
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The master, owner and the charterer (if any) of a relevant pelagic boat each commit an offence if any of these duties and prohibitions are contravened (“contravene” includes a failure to take a required action to comply with a duty) |
Where, following a system test trip, the REM system is not fully functioning to the satisfaction of the Scottish Ministers, it is an offence to undertake any further fishing trip unless the Scottish Ministers have given their prior written consent to that fishing trip. |
Where an REM system fails or malfunctions before the start of a fishing trip, it is an offence for a Scottish pelagic boat to leave any port for the purpose of undertaking a pelagic fishing trip until the REM system is fully functioning to the satisfaction of the Scottish Ministers. Where an REM system fails or malfunctions before the start of a fishing trip, it is an offence for a non-Scottish pelagic boat to leave a port in Scotland or enter the Scottish zone for the purpose of undertaking a pelagic fishing trip until the REM system is fully functioning to the satisfaction of the Scottish Ministers. |
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It is an offence for the master or their representative to fail to notify the Scottish Ministers of an REM system malfunction / technical failure during a fishing trip, immediately after it is detected. |
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Following the end of a fishing trip during which an REM malfunction / technical failure occurred, it is an offence for a Scottish pelagic boat to leave any port for the purpose of undertaking their next pelagic fishing trip until the REM system has undergone a remote inspection is fully functioning to the satisfaction of the Scottish Ministers. Following the end of a fishing trip during which an REM malfunction / technical failure occurred, it is an offence for a non-Scottish pelagic boat to leave a port in Scotland or enter the Scottish zone for the purpose of undertaking their next pelagic fishing trip until the REM system has undergone a remote inspection is fully functioning to the satisfaction of the Scottish Ministers. |
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If the REM system fails / malfunctions on two consecutive fishing trips , it is an offence to not cease fishing activity on the second voyage immediately after the failure/malfunction is notified to the Scottish Ministers. |
5.3 Prohibitions on interfering with REM systems
The master, owner and charterer (if any) should ensure that all persons working onboard a relevant pelagic fishing boat and all persons with access to the REM system are made aware that it is an offence to:
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Alter the data or the transmission of the data recorded by the REM system. Obstruct or the block the view of the digital cameras or the functioning of the winch sensors.Interrupt the power supply to the REM system (unless than for the purpose of repairing or replacing that system).Remove the REM system, unless the system requires repairs or replacement. Destroy, damage or interfere in anyway with the REM system, unless the system requires repairs or replacement. Communicate any false geographical position.
Contact
Email: jessica.roscoe@gov.scot
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