This item was published during the term of a previous administration that ended in April 2007
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New measures to protect fish stocks
16/09/2004
Improved measures to monitor and control fishing activity and strengthen enforcement action against illegal fishing were announced today.
Scottish Fisheries Minister Ross Finnie gave details of further steps the Fisheries Departments in the UK are taking to help ensure the sustainability of fisheries.
The measures include changes to the UK's designated landing port (DLP) arrangements, to come into place from October 1. From that date, DLP requirements will be extended to vessels over 15 metres in length (compared to the existing 20m criterion) but will apply only to vessels arriving in port with more than one tonne of quota species on board.
The fishing industry is to be consulted fully on taking forward the issue of administrative penalties as part of a more general effort to improve control measures and the effectiveness of enforcement.
Mr Finnie said:
"The Executive is determined to protect the long term viability of Scotland's fishing industry and the communities it supports. Our ongoing commitment to protect fish stocks is key to securing that objective. Robust control and enforcement is essential to help ensure the environmental and economic sustainability of our fisheries.
"Our proposals for Designated Landing Ports seek to strike an appropriate balance in control arrangements. They have been extended to vessels in a smaller length band, to reflect the catching power of this sector, but targeted on vessels carrying more than a tonne of quota species to reduce control burdens on vessels undertaking short trips or catching only small amounts of quota species.
"As we take forward work on reviewing control and enforcement, in particular our approach to administrative penalties, we will work closely with stakeholders to ensure that any additional control measures target the minority of skippers who continue to flout the law by fishing illegally without affecting the vast majority of our law-abiding fishermen."
In the UK, vessels over 20 metres in length landing whitefish are required to land into designated landing ports (DLPs), within specified times, or to provide four hours notice of arrival in port (to allow for the deployment of enforcement resources and vessels to be inspected if necessary). Separate DLP arrangements apply to pelagic vessels and those landing certain stocks (such as cod and North Sea haddock).
The Fisheries Departments wrote to stakeholders on March 10 this year setting out (amongst other things) proposals to introduce, from May 1, revised DLP arrangements, applying to all vessels over 15 metres in length landing quota species. Concerns were expressed by industry that such arrangements would cause problems for, for example, vessels that habitually undertake short (less than 24 hour) fishing trips relatively close inshore or catch only small quantities of quota stocks. The implementation date of May 1 was deferred, to allow further consideration of the points raised by industry.
It is now planned to introduce, from October 1, arrangements that apply to over 15 metre vessels, but which are carrying on board more than one tonne of quota stocks.
The letter of March 10 also noted the intention to investigate administrative penalties as an alternative to the system of criminal proceedings currently in place for breaches of fisheries offences. The basis for any such arrangements will be subject to full consideration and stakeholder consultation. Meantime, the Fisheries Departments have noted their intention to take administrative action (such as imposing additional control measures or amending catch data provided by industry) in circumstances where they have reasonable grounds to believe there has been illegal or suspicious activity. There is an appropriate legal basis for such an approach, which the Departments believe can constitute a fairer, more appropriate response to the identification of illegitimate behaviour than, for example, subjecting the whole fleet to remedial control measures.
Again, views from stakeholder interests on these issues have been received, including on the need for appropriate systems and safeguards to protect against the inappropriate application of any administrative sanctions by the Fisheries Departments. Systems and procedures (including the right to make representations and the possibility of Judicial Review) are available to provide for that.