Scallop fishing - remote electronic monitoring: guidance

1. Remote Electronic Monitoring (REM) – Guidance for Scallop Boats

1.1 Introduction

This guidance refers to The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 (the REM legislation)

The mandatory REM requirements for scallop dredge trips will be in force from 17 June 2024.

The REM legislation mandates the use of REM systems onboard scallop boats operating in Scottish waters, and Scottish registered scallop boats wherever they dredge for scallops, and sets out the various obligations that must be met. The technical specifications which REM systems installed onboard these categories of scallop boats must meet can be found at Annex B.

The REM legislation applies to any fishing boat which deploys scallop dredges in the Scottish zone, and any Scottish fishing boat which deploys scallop dredges outwith the Scottish zone.

This guidance document is intended to provide affected masters, owners and charterers (if a boat has any charterers) with a general overview of the REM legislation as it will apply to relevant scallop boats and does not constitute legal advice on the REM legislation. It is the responsibility of masters, owners and charterers (if any) of scallop boats to which the REM legislation will apply to ensure that they understand their duties under the legislation and how to ensure that scallop dredge activities are compliant with the legislation, as well as ensuring that those working on board the boat are aware of the rules. Masters, owners and charterers should seek independent legal advice if needed.

1.2 What is REM?

For scallop boats, REM involves the use of onboard cameras, winch sensors and Vessel Positioning Systems (VPS) to capture data that is used to enhance monitoring of fishing operations. Use of REM technologies will help to ensure that fishing activity remains sustainable, responsible and accountable. The legislation and introduction of REM supports the Scottish Government’s Fisheries Management Strategy^[1], the UK Joint Fisheries Statement^[2], and the delivery of the sustainability, precautionary and scientific evidence objectives set out in the Fisheries Act 2020^[3], building on our approach to improve sea fisheries compliance and our spatial evidence base. The REM data gathered will be used to enhance decision making across the marine space.

1.3 Which boats does this guidance apply to?

This guidance applies to ‘relevant scallop boats’, defined in the legislation as:

• any fishing boat which deploys scallop dredges in the Scottish zone (also referred to as ‘Scottish waters’ in this document), and
• any Scottish fishing boat which deploys scallop dredges outwith the Scottish zone^[4];

A “scallop dredge” is defined as “an appliance with a rigid framed mouth which is towed through the water and is manufactured, adapted, used or intended for use for the purpose of fishing for scallops” and a “scallop” is defined as a bivalve mollusc of the Pectinidae family.

1.4 For which fishing trips does REM need to be in operation?

For Scottish boats falling within the definition of a ‘relevant scallop boat’, the REM legislation requires an REM system (which meets the technical specifications for REM systems onboard relevant scallop boats) to be in operation for the duration of all fishing trips in any waters during which a scallop dredge operation is conducted.

For non-Scottish boats falling within the definition of a ‘relevant scallop boat’, the legislation requires an REM system (which meets the technical specifications for REM systems onboard relevant scallop boats) to be in operation for the duration of all fishing trips in the Scottish zone during which a scallop dredge operation is conducted. The REM system must be operational from the point a non-Scottish boat either leaves a Scottish port or enters Scottish waters and until they either return to a Scottish port or leave Scottish waters.

For the purposes of this guidance all boats captured by the definition of ‘relevant scallop boat’ are referred to as ‘scallop boats’.

1.5 Who is the responsible fisheries authority?

The REM legislation has been prepared by the Scottish Government and approved by the Scottish Parliament. The Marine Directorate of the Scottish Government are responsible for the administration and enforcement of the legislation, on behalf of the Scottish Ministers. Marine Directorate officials will access, process and analyse data collected by the REM systems on all scallop boats, regardless of the flag or coastal state to which the boat belongs.

The Fully Documented Fisheries Unit (FDF) of the Scottish Government is the first point of contact if you have queries and can be contacted at FDF@gov.scot