SG Response to Consultation: Marine Resources – Ensuring Long Term Sustainability: Remote Electronic Monitoring (REM)

4. Scallops

4.1 Q10: 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?

The consultation sought views on the application of REM to all scallop dredge vessels within the Scottish zone on a level playing field basis. It set out that the Scottish Government's intention to widen the application of established REM provisions^[2] 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 specified standards. In doing so, the new REM requirements would be separated from the existing restrictions on the number of dredges which can be deployed when fishing for king scallops.

Since the consultation, the Scottish Government has been reviewing whether it is necessary to require REM on all vessels carrying and/or deploying scallop dredge gear in the Scottish zone. Following further internal discussion with operational experts, the legislation will require functioning REM systems to be installed onboard all scallop dredge vessels which deploy scallop dredges in the Scottish zone. The REM systems on board these vessels will be required to be operational during any fishing trip in the Scottish zone during which the vessel deploys scallop dredges.

The legislation will also require functional REM systems to be installed onboard all Scottish scallop dredge vessels which deploy scallop dredge gear outwith the Scottish zone. The REM systems on board these Scottish vessels will be required to be operational during any fishing trip (whether in or outwith the Scottish zone) during which the vessel deploys scallop dredges.

A number of responses highlighted issues that should be taken into account when applying REM, including:

• Ensuring that REM monitoring and enforcement is consistent across fisheries administrations, with data sharing arrangements in place as necessary.
• A need for clarification on the procedure to be followed in the case of system failure.
• That the REM specification should specify an illumination requirement to ensure monitoring is possible at night.
• That fishers should have access to their own data to defend any allegations against them, including gear conflict or fishing in restricted areas.
• Concerns about privacy, particularly onboard smaller scallop dredge vessels and the practicalities of transmitting data at sea.
• A need for vessels that cannot fit any more dredges per side to be offered an incentive to install REM.
• That more cameras should be used to monitor catch composition and discards.

The responses to the consultation are being used to help refine the REM system specification, data pathway, operational plans and draft legislation.

As with pelagic REM, we are engaging with other fisheries administrations, including in relation to data sharing agreements. We are also building a level of system checking into our legislative requirements, so that we can ensure that an REM system has been installed according to the system specification, and that it meets the legislative requirements – with remedial action needed if the requirements are not met. This will be consistent across Scottish and non-Scottish vessels deploying scallop dredges in the Scottish zone and for Scottish vessels deploying scallop dredges outwith the Scottish zone. Furthermore, in relation to system breakdowns, we have taken on board the feedback from the consultation and will ensure that an appropriate approach is applied through the legislation to account for instances where this may occur.

We have been applying the feedback received alongside our experiences of monitoring some scallop dredge vessels that have been required to carry an REM system (including GPS, winch sensors and two digital cameras) in Scottish waters since 2017. The systems of choice have tended to include cameras with an infra-red (IR) mode, which allows the deck area to be seen when there is insufficient illumination. However, as we draft the legislation for the Scottish Parliament to consider, we will assess with experts whether an illumination requirement, and other suggestions, should be used to fine-tune the requirements of a REM system. We note suggestions that more cameras should be used to monitor catch composition and discards and our response is provided below, under Question 11.

REM systems already on the market can provide vessel owners with access to their data which they can choose to share. Experience shows that fishers have used their REM data to address gear conflict tensions and to inform developments in the marine environment, such as offshore renewable developments and aquaculture licencing. Analysts in the Scottish Government can also provide data to assist the owner(s) of the scallop vessel in question with regards to claims.

In relation to privacy concerns, we have consulted with the Information Commissioner's Office (ICO), as required under the retained General Data Protection Regulation, in relation to the data processing resulting from imposing the new REM requirements for scallop dredge vessels. The Scottish Government is satisfied that the measures and mitigations that we have in place for processing personal data on all sizes of scallop vessels are sufficient, including, where required, using a filter to mask some areas of the deck.

4.2 Q11: 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?

Whilst many agreed that it would be useful to align with article 6 of the 2017 Order, the responses to this question in the consultation tended to be dominated by suggestions that the REM system requirements should include more cameras, in particular to monitor bycatch and discards but also for safety and crew welfare.

The Scottish Government recognises the potential of REM and shares some of the ambitions set on in the consultation responses. However, we also recognise that this ambition needs to be tempered with realistic expectations of what technology can currently deliver, what/how data can be analysed and different working environments onboard fishing vessels.

The consultation paper did set out that in the future it may be possible to use cameras on scallop dredge vessels to monitor catch composition and 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. It also recognised that 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 but that purpose-designed REM development work is ongoing.

Our Future Catching Policy is currently under development and requires further discussion with stakeholders regarding levels of bycatch in different sectors, and appropriate measures to tackle that bycatch. Introducing REM to support this may be helpful in the future, but our intention is to develop the two policy areas in conjunction rather than out of step.

Our REM policy is leading the way, ahead of the other UK fisheries administrations and the EU. Any catch composition and bycatch determination specifically for the scallop fleet via REM will require trial and error development (in challenging onboard working environments for a diverse fleet) and this is why it is not being legislated for at present. As the technology develops, we will of course consider the viability of further data collection.

As noted above, the intention is now that the legislation will require vessels to have REM functional for the duration of any voyage where scallop dredges are deployed in the Scottish zone (and, for a Scottish registered vessel, for the duration of any voyage where it deploys scallop dredges, wherever it deploys these).

4.3 Q12: Do you consider that any other changes (in addition to the ability to record footage to a minimum of 5 Frames per Second) should be made to the REM system specification?

The consultation analysis report by Diffley Partnership notes that there was a level of overlap between Questions 11 and 12 where respondents began offering notes and suggestions alongside their dis/agreement with the proposal. The Scottish Government's response in relation to suggestions that the system should be expanded and more cameras should employed is provided above, under Question 11 where we talk about potential future aspirations for REM.

In other responses to this question, there was discussion about data transfer and efficiency, with some suggestion that trials would be required in some areas, and queries in relation to enforcement activity should there be mismatches between elog data and REM data, or if a REM system had a fault but those onboard were unaware.

In relation to data, REM systems on the market use satellite and/or mobile phone technology. For vessels using REM systems with mobile phone technology, the data upload is dependent on the 3g/4g network signal. Where there is no signal the REM device can store the data and transmit it at the next available opportunity when back in signal range. Enforcement officers have been monitoring some scallop dredge vessels for a number of years throughout Scottish waters (in accordance with the 2017 Order). Experience has shown that, whilst at times data upload in some particularly remote locations may take a longer than other locations, there are no general concerns about data transfer using mobile or satellite based systems.

Furthermore, systems on the market have the capacity to include a monitor in the wheelhouse that shows the live feed from the cameras onboard. Systems can also have the capability to run diagnostic checks allowing the functionality of cameras and sensors to be checked - in harbour or during a voyage. Our intention is to retain the existing requirement (currently set out in article 6(4)(e) of the 2017 Order) which provides that the REM system must have a means of enabling the master to view the recorded data in real time on board the fishing boat on which the system is installed.

We note the concern should the time of shooting depicted from an REM system not match that vessel's e-log data. However, the legal requirement is that vessels of 12 metres or more in length, that operate an elog, are required to complete a fishing activity report (FAR) every 24 hours^[3]. During that 24 hour period there can be multiple fishing operations. There is no current requirement for scallop dredge vessels to report on a haul by haul basis.