Fishing vessels recorded as part of the Razor Fishing trial: EIR release

Information requested

​​​​​Under the derogation Rules of the terms and conditions of the Trial under sections 4.2, 4.3 and 4.4.
During and since the start of the electrofishing trial in 2018, how many vessels has been recorded by Marine Scotland as part of the Razor Fishing trial failed to notify Marine Scotland of departure from and arrival to port when the vessel was carrying electrofishing gear on board whilst engaged in fishing for Razor clams?

Under the derogation Rules of the terms and conditions of the Trial under section 3.6.
During and since the start of the electrofishing trial in 2018, How many fishing vessels has had their fishing gear inspected at sea during the electrofishing trial? How many vessels has breached the terms and conditions of the Trial under paragraph 3.6?

Under the derogation Rules of the terms and conditions of the Trial under section 3.2, 3.8, 3,10.
During and since the start of the electrofishing trial in 2018, How many vessels has breached the terms and conditions of the Trial under paragraphs 3.2, 3.8 and 3.10

Under derogation Rules of the terms and Conditions of the trial under sections 3.2, 3.6, 3.8, 3.10 4.2, 4.3, 4.4.
How many vessels has had their Electrofishing Derogation terminated for breaching these Condition's?
 

Response

I enclose a full response to all your questions above and have numbered them below accordingly.

1) Under the derogation Rules of the terms and conditions of the Trial under sections 4.2, 4.3 and 4.4. During and since the start of the electrofishing trial in 2018, how many vessels has been recorded by Marine Scotland as part of the Razor Fishing trial failed to notify Marine Scotland of departure from and arrival to port when the vessel was carrying electrofishing gear on board whilst engaged in fishing for Razor clams?

The terms and conditions you reference are as follows:

4.2 It is an offence for any vessel participating in the trial to be at sea with underwater electrofishing gear and paraphernalia without having given prior notification to Marine Scotland.

4.3 The master of the vessel must activate the electrofishing derogation at the beginning of every fishing trip carried out under the trial by notifying Marine Scotland either by telephone or by email or SMS text message before departing, stating name of master, vessel name, PLN, port of departure and time of departure.

4.4 At least 2 hours before returning to port the master must notify Marine Scotland of the vessel’s PLN, intended arrival time, port of landing, and the quantity or razor clams to be landed.

In relation to these terms and conditions, a total of 11 vessels participating in the trial failed to notify Marine Scotland of departure from and arrival to port at the time of receipt of information request on the 21 December 2022. Further compliance action was taken against these vessels in accordance with the terms and conditions. In determining the extent of such action, Marine Scotland regarded, the gravity of the breach, the consequences or possible consequences of the breach and the extent to which previous enforcement action was taken on the same offence.

2) Under the derogation Rules of the terms and conditions of the Trial under section 3.6. During and since the start of the electrofishing trial in 2018, How many fishing vessels has had their fishing gear inspected at sea during the electrofishing trial? How many vessels has breached the terms and conditions of the Trial under paragraph 3.6?

Term and condition 3.6, as referenced, is as follows:

3.6 The gear and equipment inspected by Marine Scotland Compliance prior to the issuing of the derogation must not be altered, removed or replaced without prior authorisation by Marine Scotland. Before the vessel is authorised to return to sea the derogation certificate must be amended by Marine Scotland, which may include a new inspection of the equipment on board.

In relation to this term and conditions a total of 11 razor vessels have had their fishing gear inspected at sea at the time of receipt of information request on the 21 December 2022. Marine Scotland employ a risk based approach to these inspections.

Two vessels have breached the terms and conditions of the trial under paragraph 3.6 at the time of receipt of information request on the 21 December 2022.

3) Under the derogation Rules of the terms and conditions of the Trial under section 3.2, 3.8, 3.10. During and since the start of the electrofishing trial in 2018, How many vessels has breached the terms and conditions of the Trial under paragraphs 3.2, 3.8 and 3.10.

The terms and conditions you reference are as follows:

3.2 A vessel authorised to participate in the trial requires a remote electronic monitoring (REM) system, which also includes an electrical output sensor device, on board at all times. The parameters of this equipment will be specified by Marine Scotland. This equipment should remain switched on at all times, including any fishing trip where the vessel is fishing for species other than razor clams.

3.8 It is the duty of the master to ensure that the gear, REM system and electrical output sensor device are fully functional at all times. Any attempts to interfere with, damage or disrupt any of the gear and monitoring equipment may result in removal from the trial.

3.10 In the event of gear and/or REM system and/or electrical output sensor device failure the master must return the vessel to port immediately and adhere to the hailing in conditions. Once Marine Scotland is satisfied that the gear/monitoring equipment is fully functioning, authority shall be granted to return to sea.

For clarity, REM devices being used in the trial provide details on both vessel position (recorded every 10 seconds) and also when the specified electrofishing gear is being used, i.e. fine scale information on individual fishing locations. The system comprises of a GPS antenna, recording the position and speed of the vessel at 10 second intervals, a generator sensor recording the electrical output, a control box with internal SSD card, a GSM antenna sending all data to Marine Scotland server via 3G or 4G network when in range.

Fifteen vessels have been found to have breached these terms and conditions at the time of receipt information request on the 21 December 2022. Further compliance action was taken against these vessels in accordance with the terms and conditions. In determining the extent of such compliance action, Marine Scotland regarded, the gravity of the breach, the consequences or possible consequences of the breach and the extent to which previous enforcement action was taken on the same offence.

4) Under derogation Rules of the terms and Conditions of the trial under sections 3.2, 3.6, 3.8, 3.10 4.2, 4.3, 4.4. How many vessels has had their Electrofishing Derogation terminated for breaching these Condition's (3.2, 3.6, 3.8, 3.10 4.2, 4.3, 4.4).

The terms and conditions you reference are as follows:

3.2 A vessel authorised to participate in the trial requires a remote electronic monitoring (REM) system, which also includes an electrical output sensor device, on board at all times. The parameters of this equipment will be specified by Marine Scotland. This equipment should remain switched on at all times, including any fishing trip where the vessel is fishing for species other than razor clams.

3.6 The gear and equipment inspected by Marine Scotland Compliance prior to the issuing of the derogation must not be altered, removed or replaced without prior authorisation by Marine Scotland. Before the vessel is authorised to return to sea the derogation certificate must be amended by Marine Scotland, which may include a new inspection of the equipment on board.

3.8 It is the duty of the master to ensure that the gear, REM system and electrical output sensor device are fully functional at all times. Any attempts to interfere with, damage or disrupt any of the gear and monitoring equipment may result in removal from the trial.

3.10 In the event of gear and/or REM system and/or electrical output sensor device failure the master must return the vessel to port immediately and adhere to the hailing in conditions. Once Marine Scotland is satisfied that the gear/monitoring equipment is fully functioning, authority shall be granted to return to sea.

4.2 It is an offence for any vessel participating in the trial to be at sea with underwater electrofishing gear and paraphernalia without having given prior notification to Marine Scotland.

4.3 The master of the vessel must activate the electrofishing derogation at the beginning of every fishing trip carried out under the trial by notifying Marine Scotland either by telephone or by email or SMS text message before departing, stating name of master, vessel name, PLN, port of departure and time of departure.

4.4 At least 2 hours before returning to port the master must notify Marine Scotland of the vessel’s PLN, intended arrival time, port of landing, and the quantity or razor clams to be landed. In relation to these terms and conditions, at the time of receipt information request on the 21 December 2022, two vessels have had their electrofishing derogations terminated for breaching one or more of these conditions.

The Scottish Government reserves the right to suspend or revoke derogations when it is necessary for the management of the trial, and if the trial’s rules and objectives are found to be undermined. This is stated in condition paragraph 8.1 “Marine Scotland will take action where necessary against vessels which breach the conditions of the trial or any other general fishery regulations. Action may range from advisory or administrative sanctions, including permanent expulsion from the trial to formal enforcement action.”

Furthermore, paragraph 8.3 states “If having considered evidence, Marine Scotland considers that, on the balance of probabilities, a vessel has been operated in a way contrary to the objectives and/or terms and conditions of the trial, Marine Scotland reserves the right to terminate that vessel’s further participation in the trial”.

Marine Scotland employs risk-based approach to the inspection of vessels participating in the razor clam trial and deploys land and sea based resources accordingly.

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