Regulation
Developing EU and domestic policy on fisheries compliance is crucial to the future of Scotland's seas. This includes taking forward a wide range of policy initiatives to improve regulations and current enforcement and control arrangements:
- Managing relationships with the industry as a key component of compliance and the development of new and or alternative regulations
- Implementing of a shift from sea to more land-based enforcement
- Delivering continuous improvement in the control and monitoring of the landings of pelagic fish and demersal fish
- Assisting in the development of new approaches to fisheries regulation such as administrative sanctions.
It also maintains the register of buyers and sellers of first sale fish, which is one of the most effective developments to land based enforcement. Anyone wishing to register can contact the Regulation and Licensing team for guidance or to be sent an application form. All applications to be added to the register are assessed by the Regulation and Licensing team.
In addition, it is the lead branch on controls and weighing regulations in the Pelagic industry and in co-operation with colleagues in the Marine Scotland Compliance; and with assistance from weights and measures inspectors, all the Pelagic processing factories have been visited; and had their weighing equipment calibrated and sealed, to ensure accurate amounts are recorded. Marine Scotland have an ongoing dialogue with the Pelagic catching sector and have taken steps to minimise misreporting of Pelagic stocks.
In 2010 Marine Scotland introduced a voluntary pilot scheme of Catch Quotas for Cod, using Remote Electronic Monitoring equipment (cameras on board vessels), looking forward to the development of a management system that genuinely allows for control over the total removals from the sea, thereby reducing waste from discards. The initial trial has been expanded for 2011.
Marine Scotland will be holding a consultation on the implementation of a system of administrative penalties for fisheries offences.
From 1 September 2009 a real time closures pilot scheme to preserve stocks of juvenile cod was introduced, with the scheme being evaluated in 2010 and Marine Scotland currently conducting a 21 day trial on the use of selective gears to reduce juvenile catches for TR2 vessels.
Licensing
The Licensing part of the team leads on Fishing Vessel Llicensing policy within Scotland, including the preparation and issue of licences and licence variations (with licence variations now published weekly on the Scottish Government website); and provision of guidance and advice on licensing rules and licence transactions. The purpose of the fishing vessel licensing system is to control fishing opportunities, so that the European Union (EU) regulations for sustainable fisheries management can be met. This is particularly important because many fish stocks are under pressure from over fishing.
A fishing vessel that is registered in the UK, is only allowed to fish commercially for sea fish and land its catch for profit, if it has the necessary licence to do so and is first registered as a fishing vessel with the Register of Shipping and Seamen at Cardiff. The licence specifies conditions which must be adhered to by vessel owners when fishing activity is being pursued. It authorises the Sea Areas in which a vessel can fish and the Species of fish that can be targeted and is the mechanism of control, that enables UK Fisheries Administrations to regulate fishing, under the Quotas (TACs) set and allocated annually to the UK under the EU Common Fisheries Policy.
Quotas are set to help achieve the objectives of the Common Fisheries Policy, for the conservation and sustainable management of fish stocks. In December each year the EU Council of Ministers sets "Total Allowable Catches" (TACs) for various fish stocks. UK Fisheries Administrations discuss quota management arrangements annually, with fishing industry representatives, with the results of these discussions being embodied in the UK's quota management rules. Under current quota management arrangements, the UK's quotas are shared out, or "allocated" to the following three groups: Individual Fish Producers Organisations (POs), who manage quota for the vessels in their membership - the POs areccollectively described sometimes as "the Sector"; the "Non-Sector" are a group comprising all vessels Over 10 metres overall length, which are not fishing against quota allocations managed by POs; and the 10 metre and Under Non-PO group, a group comprising those vessels of 10 metres and under overall length, which are not fishing against quota allocations managed by POs.
If the vessel is fishing within a PO, the fishing vessel licence will list the stocks which the vessel is prohibited from retaining on board or landing. If thevessel is fishing in the non-sector, the Monthly Catch Limits will be shown on the licence, along with all stocks which all non-sector vessels are prohibited from landing. If the vessel is fishing against "pool" allocations for the 10 metre and Under Non-PO group, the limits for those stocks, which are subject to monthly catch limits, will be shown in the licence, along with those stocks which all 10 metre and Under vessels (not in a PO), are prohibited from retaining on board or landing.
The vessel may also be subject to "Days at Sea" arrangements - Under the effort management scheme, if a vessel is 10 metres or greater, is eligible for an allocation of days to be spent in the Cod Recovery Zone, has an appropriate fishing vessel licence etc and wishes to be absent from port and in the Cod Recovery Zone, carrying regulated gear, an application must be made for an allocation of days at sea. Regulated fishing gears are: demersal trawls (except beam trawls) with mesh size of 70 to 99 mm; demersal trawls (except beam trawls) with mesh size of 16 to 32 mm; beam trawls; trammel nets; and long-lines.
Vessels measuring less than 10 metres and those using only unregulated fishing gear, are exempt from the effort management scheme and therefore, need not apply for days at sea. Unregulated fishing gear types include pots and creels, which are used mainly to target prawns, crabs and lobster. For effort management purposes, rod and line (angling) is also regarded as unregulated fishing gear.
A Scottish Licensing Review Working Group (SLRWG), which was tasked to carry out a root and branch review of the entire fishing vessel licensing scheme in Scotland held its first meeting in June 2009 and has since then looked at a number of issues ranging from licence types and penalties, to the electronic issue of licences and licence variations. A formal consultation on the recommendations of the SLRWG, is expected to be launched in the forthcomiong months, with hopefully any changes in place by early 2012.
Oher further details of the Scottish Fishing Vessel Licensing Scheme, including the weekly notification online of Licence Variations, may be found at http://www.scotland.gov.uk/Topics/marine/Licensing under Fishing Vessel Licensing Scheme, with a fisherman's first point of contact being his local Marine Scotland Fishery Office (see list of offices under Contact), for advice and guidance on all matters, relating to the licensing of his vessel.