Illegal scallop dredging investigations: EIR release

Information requested

I note a story in The Ferret in September last year saying an allegation of illegal scallop dredging was under investigation in Orkney - has there been any outcome to this investigation?

https://theferret.scot/allegations-illegal-scallop-dredging-orkney-investigation/

I also noted a story from 2020 saying Mark Ruskell was told at Holyrood there were six illegal scallop dredging investigations ongoing - can you give us any idea of their outcomes,. or of any illegal scallop dredging investigations then or in subsequent years?

https://theferret.scot/six-boats-investigated-illegal-scallop-dredging/

Response

The investigation into alleged illegal scallop dredging in Orkney resulted in an enforcement case being taken. The case is on-going and has been transferred to the Crown Office Procurator Fiscal Service. 

No further update is available.

In relation to the question asked by Mark Ruskell in Holyrood, the full text of the question and answer can be found on the Scottish Parliament website at: Written question and answer: S5W-33763 |Scottish Parliament Website). Rosanna Cunningham’s response included that “since March 2020 [to the date of the question in Dec 2020], Marine Scotland Compliance has received a number of reports, involving 6 vessels, in relation to suspected illegal scallop dredging in MPAs or other closed areas.”

The Marine Directorate (formerly Marine Scotland) regularly receives reports of alleged or suspected illegal fishing from a range of sources which vary in accuracy. Therefore, they are not proof that an offence has been committed. Following investigations into reports of suspected illegal fishing, where sufficient evidence is found of an offence having been committed, a case may be opened for possible enforcement action.

Investigations into the reports of suspected illegal activity involving the 6 vessels referred to in the parliamentary question resulted in enforcement cases being opened in relation to two vessels:

• One case taken against one of the vessels which resulted in a Fixed Penalty Notice (£2000) being issued that was subsequently paid.
• Cases were taken against the second vessel for two separate offences. One case had already been referred to the Crown Office and Procurator Fiscal Service (COPFS) at the time of the parliamentary question and has since been concluded. The master of the vessel was found guilty and fined £3211.43. No enforcement action was taken in relation to the second case due to insufficient evidence.

Further information about the Marine Directorate’s use of Fixed Penalty Notices (FPN) can be found at: Marine compliance: fixed penalty notices - gov.scot

Below is a summary of the enforcement cases that have been taken since 2020 following investigations into suspected illegal scallop dredging.

Case	Offence Date	Offence	Outcome
1	Aug 2020	Excess dredges	FPN issued Oct 21 and paid (£2000)
2	Dec 2021	Excess dredges	FPN issued (£4000). Not paid. No further action following death of witness
3	June 2022	Fishing in MPA	Referred to COPFS. Found guilty and fined £2075
4	June 2024	Dredging with inactive REM system	FPN issued (£2000). Not paid. Referred to COPFS. Case on-going
5	Mar 2025	Fishing in restricted area	Warning Letter issued
6	Nov 2021	Fishing in restricted area	Referred to COPFS. Master pled guilty and fined £2675 + victim surcharge £175. Court accepted not guilty plea for owner.
7	Jan 2023	Fishing in restricted area	FPN issued (£4000). Not paid. Referred to COPFS but subsequently dropped by them.

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