Fishers' Behaviour and Attitudes Towards Compliance and Enforcement: Research Report

Executive summary

To support the delivery of Scotland’s Fisheries Management Strategy 2020 – 2030, the Scottish Government commissioned The Lines Between (TLB) to undertake qualitative research into the monitoring and enforcement of fishing regulations in Scotland. The research took place from April to November 2024. This research project had the following overarching objectives:

• Deliver a comprehensive qualitative review of fishers’ perspectives on the current enforcement practices of the Marine Directorate and their role in fishers’ decisions to comply or not to comply with regulations.
• Assess the effectiveness of current enforcement practices in acting as a deterrent to non-compliance, with a particular look at the role of Fixed Penalty Notices (FPNs)
• Assess what regulations fishers most struggle to meet and why, and to detect if there are any ‘quick win’ actions that can be taken to support compliance with these regulations.

The research methodology included a survey of Scottish fishers (39 responses which is approximately 1% of Scottish fishers and therefore a small sample) and a survey of the Marine Directorate compliance and enforcement staff (50 responses which is approximately 42% of compliance staff). To explore the issues raised in the survey in more detail, TLB also conducted in-depth interviews with Marine Directorate staff (16 interviews), fishers (21 interviews) and industry stakeholders (5 interviews).

While the research achieved participation from a broad range of staff and fishers, it is important to note that the study had a relatively small sample, especially from fishers. This is a limitation of the project. Due to this, the evidence cannot be interpreted as fully representative of the entire fishing industry and caution is advised when reading and using the fisher survey findings. The findings relate to the group of participants who took part in the research. Views expressed by participants reflect their understanding and perceptions of the issue in question and may not always be factually correct.

This report discusses six core themes that emerged through the research: knowledge of fishing regulations, fishers’ attitude and behaviour related to compliance, experiences of non-compliance, experiences of enforcement action, fishers’ interactions with the compliance staff, and research participants’ suggestions on how to encourage compliance.

Knowledge of fishing regulations

The research found that fishers believed their knowledge of fishing industry regulations is strong whereas a smaller percentage (42%) of Marine Directorate staff agreed with the statement that “fishers tend to have a solid understanding of the regulations” indicating a contrasting view between fishers and staff.

Most fishers stated that they knew where to find information but some said they struggled to keep up to date and would benefit from more support from Marine Directorate to access to information.

Research participants identified a range of barriers to better knowledge, including: a lack of clarity and complicated regulations; poor communication and inaccessible presentation of information; information overload; and a lack of time for fishers to stay updated.

Fishers’ attitudes and behaviour in relation to compliance

The majority of fishers agreed that the regulations were in place to help ensure the fishing industry is sustainable by helping to conserve fish stocks. Some Marine Directorate staff mentioned during the interviews that they perceive fishers’ willingness to abide by regulations is related to whether fishers believe that regulations are serving a good purpose and are fair.

Most fishers agree that regulations are required. Some expressed concerns that regulations are too complicated and are based on what they perceived to be inaccurate data, are not localised enough, and are introduced either too quickly or not quickly enough. A recurring theme across interviews with fishers was a perception that non-UK vessels were not subject to the same level of monitoring as UK vessels.

Over half of fishers felt more support is needed to help them comply with regulations. Only one-quarter of fishers thought that regulations are fair, and most fishers reported that regulations make it more difficult to run a business. The research showed barriers to compliance, including areas of regulations that are hard to comply with (e.g. problems with elogs or quotas that are perceived as impractical) and regulations’ impact on business.

Experiences of non compliance

The research explored staff perceptions about the most frequent offences (fishing gear and statutory returns offences). Among fishers who responded to the survey, just under a third (11, 30%) had instances of non-compliant operation in the last 12 months, including 6 (55%) accidental, 3 (27%) deliberate, and 2 (18%) a mix of deliberate and accidental non-compliance. Of the 30% of fishers who reported non-compliance, just over a third (4 out of 11, 36%) were detected, which resulted in enforcement action (verbal or written warning, Fixed Penalty Notice, or referral to the Crown Office).

Most fishers agreed that they comply with regulations to avoid enforcement action. A prevalent view among the Marine Directorate staff was that when non-compliance does occur it can be related to a belief from some fishers that they will not get caught.

Interviews with fishers showed that enforcement actions can be more effective for smaller operators who might find it hard to absorb the cost of fines and that these can act as a deterrent for non-compliance.

Most of the staff agreed that there can be significant challenges in detecting non-compliance and taking enforcement action. Staff also thought that data is used effectively to detect non-compliance, but could be improved. Resourcing issues in the Marine Directorate were perceived by both staff and fishers to be a challenge.

Experience of enforcement actions

Fishers discussed their experiences of enforcement actions with two-thirds stating that the enforcement did not affect their subsequent actions. Most fishers believed that those who deliberately operate non-compliantly are in the minority. There were some concerns that regulations were devised without enough input from fishers and views that they are based on what was perceived to be outdated science were seen as drivers of non-compliance.

Staff and fishers held different perceptions about the effectiveness of enforcement actions as a deterrent to non-compliance. Staff viewed referrals to the Crown Office as an effective penalty, but some commented on the evidential threshold for court action and the time-consuming nature of preparing a case. There were mixed views among fishers and stakeholders about whether Fixed Penalty Notices effectively deter non-compliance. While most fishers acknowledged that they would not want to receive a Fixed Penalty Notice, they also explained that this was not a key factor in whether or not they operate compliantly. MD staff felt that fishers might not be deterred by enforcement actions such as Fixed Penalty Notices.

Interactions between compliance staff and fishers

Most fishers felt that they had a positive relationship with compliance and enforcement staff, but two-thirds of fishers thought that staff were not always as fair as they could be when deciding the penalty for non-compliance. Almost all (90%) compliance staff believed that the Marine Directorate could improve communication with fishers, and saw their role as helping fishers better understand the regulations.

Respondents’ suggestions on how to improve compliance

All research participants made suggestions on how to improve compliance, such as reviewing landing obligations and discarding policy; deeper engagement with the industry; and improved communication.

Overall, the research showed that most fishers understand the regulations which apply to their activities and aim to comply with them. However, many fishers identified a need for greater support from the Marine Directorate to improve knowledge of the regulations, as this is a complex area. They saw the potential to simplify regulations and wanted information to be easier to find and provided in accessible formats. There was an appetite for continued open dialogue and collaboration between fishers and the Marine Directorate.