Scallop fishing - remote electronic monitoring: guidance

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 17 June 2024.

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 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 here.

5.2 REM - Offences

Full details of the offences are set out in the REM legislation. An overview of the offences is provided below.

Issue: Offences arising from the requirement to have a fully functioning REM system installed onboard.

Applies to: The master, owner and the charterer (if any) of a relevant scallop 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).

Offences:

1. 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 scallop boat.

2. It is an offence to not ensure that the REM system installed on board a relevant scallop boat is fully functional for the duration of any scallop dredge 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.

3. 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 REM installation or the replacement of an REM system.

4. 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.

5. 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: The master, owner and the charterer (if any) of a relevant scallop 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)

Offences:

1. 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.

2. 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.

3. 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:

• after the first installation of an REM system;
• after the replacement of an REM system; and
• 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);

Applies to: Any person that tampers with the REM system, along with the master, owner and the charterer (if any) of a relevant scallop boat each commit an offence if this duty is contravened.

1. If any person tampers or interferes with the REM system (except to repair 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 of the onboard REM system.

Applies to: The master, owner and the charterer (if any) of a relevant scallop 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).

Offences:

1. 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 scallop dredge fishing trip unless the Scottish Ministers have given their prior written consent to that fishing trip.

2. Where an REM system fails or malfunctions before the start of a fishing trip, it is an offence for a Scottish scallop boat to leave any port for the purpose of undertaking a scallop dredge fishing trip until the REM system is fully functioning to the satisfaction of the Scottish Ministers.

3. Where an REM system fails or malfunctions before the start of a fishing trip, it is an offence for a non-Scottish scallop boat to leave a port in Scotland or enter the Scottish zone for the purpose of undertaking a scallop dredge fishing trip until the REM system is fully functioning to the satisfaction of the Scottish Ministers.

4. 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 scallop dredge fishing trip, immediately after it is detected.

5. It is an offence for the master of a relevant scallop boat to fail to ensure that any malfunction of a winch sensor is repaired so that it is fully functioning to Scottish Ministers’ satisfaction by the end of a period of 28 days (“the 28 day period”). The 28 day period begins with whichever is the earlier of the time that the malfunction is notified to the Scottish Ministers or the time that the Scottish Ministers notify the boat owner of the malfunction (“the 28 day period”).

6. Following the end of a scallop dredge fishing trip during which an REM malfunction / technical failure occurred (other than a malfunction/ technical failure of a winch sensor), it is an offence for a Scottish scallop boat to leave any port for the purpose of undertaking their next scallop dredge fishing trip until the REM system has undergone a remote inspection is fully functioning to the satisfaction of the Scottish Ministers.

7. Following the end of a scallop dredge fishing trip during which an REM malfunction / technical failure occurred (other than a malfunction/ technical failure of a winch sensor), it is an offence for a non-Scottish scallop boat to leave a port in Scotland or enter the Scottish zone for the purpose of undertaking their next scallop dredge fishing trip until the REM system has undergone a remote inspection is fully functioning to the satisfaction of the Scottish Ministers.

8. 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 scallop boat and all persons with access to the REM system are made aware that it is an offence to:

• 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 (see ‘What happens if I replace my REM system’ section for further advice).
• Destroy, damage or interfere in anyway with the REM system, unless the system requires repairs or replacement.
• Communicate any false geographical position.