Marine and fisheries compliance: list of fixed penalty notices

Fixed Penalty Notices (FPNs) are civil fines which Marine Scotland are able to offer rather than pursuing a formal prosecution. The level of fine is determined by clear guidance and previous offences. They are restricted up to £10,000. Where an FPN is not paid, the case is referred to the Crown Office. FPNs allow Marine Scotland to deal with infringements in a timely manner.

If there is a possibility of an individual being identified, then the data would not be published as it would be in breach of the Data Protection Act 2018.

Fixed penalty notices issued sorted by offence

Offence	25 May 2020 - 30 May 2021	1 June 2021 - 31 December 2021	1 January 2022 - 30 June 2022	1 July 2022 -  31 December 2022	1 January 2023 - 30 June 2023	1 July 2023 -        31 December 2023	1 January 2024 - 30 June 2024	1 July 2024 - 31 December - 2024
Statutory returns offences	10	14	19	10	11	7	6	6
Fishing gear offences	8	19	9	9	11	6	8	4
Fishing without authority	0	3	1	1	12	0	2	1
MPA, and other protected/restricted area offences	4	3	3	2	5	3	5	2
Marine Licensing	0	0	0	0	0	0	0	0
Wildlife Crime	0	0	0	0	0	0	0	0
Unlicensed/Hobby fishing	0	0	0	1	0	2	0	0
Landing Obligation (Discarding)	4	4	6	3	3	1	1	0
Vessel tracking requirements	0	0	0	2	0	0	0	0
Gear marking requirements	0	0	0	1	0	0	0	0
Illegal equipment	0	5	0	1	0	0	0	1
Other Fishing Licence restrictions	0	0	0	0	0	1	0	0
Boarding ladders	1	9	0	0	2	2	0	0
Undersize or prohibited fish/shellfish	1	1	0	3	0	0	1	0
Other offences not elsewhere classified	0	0	0	0	0	0	0	1
Total	26	48	38	30	42	22	21	15

Key

Offence types

1. Statutory returns offences
2. Fishing gear offences
3. Fishing without authority
4. MPA, and other protected/restricted area offences
5. Marine Licensing .
6. Wildlife crime
7. Unlicensed/Hobby fishing
8. Landing Obligation (Discarding)
9. Vessel tracking requirements
10. Gear marking requirements
11. Illegal equipment
12. Other fishing license restrictions
13. Boarding ladders/failure to provide safe access
14. Undersize fish/shellfish/prohibited species
15. Other Offences not elsewhere classified

Explanatory Notes

1. Statutory returns offences:

Offences involving the obligation to submit accurate information such as, but not exclusively:

• Fishing Logbooks – (detailing fishing activity both paper and electronic format)
• FISH1 forms - (Landing declaration from vessels under 10 metres overall length detailing catches of all species)
• Buyers Sales Notes – (Purchases of first sale fish by registered buyers)
• Landing Declaration – (Detailing actual landings made for a voyage vessel over 10m (or under 10m where vessel is in membership of a Producer Organisation)

2. Fishing gear offences:

Offences involving fishing gear construction or use, such as, but not exclusively:

• Fishing with multiple trawls (where prohibited)
• Excess Dredges
• Fishing with illegal attachments – (reducing or otherwise restricting mesh sizes)
• Fishing with gear constructed with a mesh size below that of the required area
• Fishing without a Square Mesh Panel or with a non-compliant Square Mesh Panel.
• Incorrect twine thickness
• Carriage of demersal gear in different size bands (for example 70-99mm, 100-119mm and 120mm+)
• Other Incorrect construction – (for example “Ballooning” cod-end, length or circumference of net)

3. Fishing without authority:

Vessels fishing in areas without, or out-with the conditions of a fishing vessel licence

• Fishing in UK territorial waters (within 12 miles) – Non UK vessels
• Fishing in UK waters (EEZ) without a licence – Non UK vessels
• Targeting restricted/prohibited species without a permit
• IUU (Illegal Unreported Unregulated offences) – Retained EU Regulation (1010/2005)
• Fishing in external waters without SIA (Single Issuing Authority) Licence – UK vessel
• Northeast Atlantic Fisheries Commission (NEAFC) area offences

4. MPA and other protected/restricted are offences:

Offences relating to fishing activities of fishing vessels within a restricted area.

• Vessels fishing within prohibited/restricted areas – (Including Marine Protected Areas, Historic Marine Protected Areas, Protected Areas created under authority of the Inshore Fishing (Scotland) act 1984, Seasonal Closures, other defined areas where specific fishing restrictions/prohibitions exist.)
• Failing to report in when transiting restricted area below 6 knots (that requires a report to be made.)
• Failure to have lashed and stowed, gear while transiting a restricted area (that requires gear to be stowed as such.)

5. Marine Licensing

Offences where a breach of licence or no licence held for a licensable activity such as but not exclusively:

• Unlicensed Marine works
• Depositing or taking material from the sea
• Illegal use of Acoustic Deterrent Devices
• Failure to follow a remediation or other notice.

6. Wildlife Crime

Offences involving wildlife such as but not exclusively:

• Unlicensed, or not in accordance with a licence, shooting of Seals
• Disturbing protected species dolphins, whales and porpoises

7. Unlicensed/Hobby fishing:

Offences by unlicensed “Hobby” fishermen (non-commercial fisheries) both from a vessel and ashore (bass fishing)

• Exceeding daily shellfish catch limit for an unlicensed vessel
• Failure to correctly mark fishing gear
• Breach of non-licensed Sea Bass fishing restrictions – (ashore and afloat)

8. Landing Obligation:

• Failure to retain on-board, land and/or record all species subject to landing obligation.
• Failure to record any discards.

9. Vessel tracking requirements:

Breach of Satellite tracking requirements for fishing vessels over 12 metres (not AIS)

• Vessel Monitoring System/Device non-compliance
• Tampering with a Vessel Monitoring System/Device

10. Gear marking requirements:

Breach of static gear marking requirements from licensed fishing vessels including:

• Incorrectly marked gear (buoys/lights/flags)
• Failure to mark vessel Identification on static gear

11. Illegal Equipment:

Carriage or deployment of gear/equipment not permitted by legislation/licence condition such as, but not exclusively:

• Gear capable of transmitting electrical currents to the seabed.
• Explosives
• Automatic Graders

12.  Other fishing licence restrictions:

Breaches of fishing licence conditions not elsewhere classified

• Any failure to comply with a fishing vessel licence condition not covered by another category

13.  Boarding Ladders/failure to provide safe access:

Failure to provide British Sea Fisheries Officers with safe access to a fishing vessel such as, but not exclusively:

• Failure to provide a safe boarding ladder
• Failure to facilitate safe and effective boarding
• Failure to alert officials to particular safety hazards

14. Undersized or prohibited fish/shellfish:

Retention and landing of species below minimum conservation reference size not subject to the Landing Obligation

• Retention of shellfish  below Minimum Conservation Reference Size
• Landing of prohibited species
• Retention of excess Crab Claws

15. Other Offences – not elsewhere classified:

Any other offence not classified above – (This will be reviewed annually and where appropriate a new classification will be created for publis

Marine and fisheries compliance: list of fixed penalty notices - 26 May 2020 to 30 June 2023

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