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

2. Context: Fishing regulations in Scotland

Fishers in Scotland must abide by industry regulations, and their vessels must be licensed by the Marine Directorate. The licence terms govern what types of fish fishers can catch, how much they can catch, where and how. There are also requirements to report accurate information about their catch. Multiple pieces of Scottish legislation underpin the enforcement of regulations in Scottish waters, with five key pieces of assimilated law (formerly known as retained European Union law):

• The Common Fisheries Policy (Assimilated Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy)
• Assimilated Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (The Control Regulation)
• Assimilated Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (IUU)
• Assimilated Regulation (EU) No 1236/2010 of the European Parliament and of the Council laying down a scheme of control and enforcement applicable in the area covered by the Convention on future multilateral cooperation in the North-East Atlantic fisheries (NEAFC)
• Assimilated Regulation No 1241/2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures as retained.

The Marine Directorate takes a ‘Promote, Prevent, Respond’ approach to compliance and fishers are encouraged to understand the legislation and they are supported to comply with the regulations.

The Marine Directorate’s compliance role is supported by fishery officers on three marine protection vessels, two coastal vessels and two surveillance aircraft which patrol a vast area in inshore and offshore waters. (Scottish waters cover over 460,000 square kilometres, around six times the size of Scotland’s land area). There is also an onshore presence at Scotland’s 18 fishery offices, each belonging to one of five Marine Directorate’s compliance districts (East, North West, South West, North East and North) and the UK Fisheries Monitoring Centre.

Inspections of vessels at sea and in harbour are an important part of the Marine Directorate’s role. Where fishers have contravened regulations, enforcement actions include verbal or written advice, official warning letters and Fixed Penalty Notices (FPNs). FPNs are underpinned by section 25 of the Aquaculture and Fisheries (Scotland) Act 2007, and are civil penalties rather than criminal. However, if they are not paid, or if the offence is particularly serious, a report is sent to the Crown Office Procurator Fiscal Service, and criminal proceedings may take place. Other penalties for non-compliance can include restrictive conditions on licences and the suspension or revocation of licences.