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The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024
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This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 ISBN 978-0-11-105992-0
Requirement to install a functioning REM system and related duties
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15.—(1) An REM system which complies with the technical specifications specified by the Scottish Ministers under regulation 16(1) must be installed on board any relevant pelagic boat.
(2) The master, the owner and the charterer (if any) of a relevant pelagic boat must ensure that the REM system installed on board that boat is fully functional for the duration of any fishing trip.
(3) But paragraph (2) does not apply in the event of a technical failure or malfunction of an REM system—
(a)which occurs during a fishing trip for which the Scottish Ministers have given prior written consent under paragraphs (3) or (4)(a) of regulation 19,
(b)of the sort described in regulation 20, provided that the applicable processes set out in that regulation are complied with.
(4) The master, the owner and the charterer (if any) of a relevant pelagic boat must take all reasonable steps to arrange and maintain access for the Scottish Ministers to the data storage system owned, operated or hosted by or on behalf of the manufacturer of the REM system and the companion software to the REM system.
(5) The owner and the charterer (if any) of a relevant pelagic boat must pay in full any costs, charges and fees arising from or in connection with arranging and maintaining access for the Scottish Ministers to the data storage system and the companion software to the REM system in accordance with paragraph (4).
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