The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order provides for the enforcement of Commission Regulation (EC) No. 2244/2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (“Regulation 2244/2003”). The Order applies to Scotland and the Scottish zone, and in so far as it applies beyond Scotland and the Scottish zone, it does so only as a matter of Scots law (article 1).

The Order specifies four categories of boats to which the obligations under Regulation 2244/2003 apply: Scottish fishing boats (as defined in article 2) wherever they may be, and relevant British fishing boats, Community fishing boats and third country fishing boats (as each of those terms is defined in article 2) within the Scottish zone.

Articles 4, 5, 6 and 7 apply only to boats of the categories specified by those articles which measure more than 18 metres in overall length and, as from 1st January 2005, more than 15 metres in overall length (article 3). They do not apply where such a boat falls within the ambit of article 3(2).

All four categories of boats are required to have a satellite-tracking device (“device”) installed on board which does not permit the input or output of false positions; which is not capable of being manually over-ridden; and which shall be operational at all times (article 4).

Scottish fishing boats, wherever they may be, and relevant British and Community fishing boats within the Scottish zone are prohibited from leaving a port without an operational device installed on board. Such devices may be switched off when the boat is in port only if prior notification is given to the relevant Fisheries Monitoring Centre or centres specified in article 8(1) and the required information (as defined in article 2) next transmitted is the same as that last transmitted (article 5).

Article 2 makes provision with regard to the meaning of “operational” for the purposes of articles 4 and 5.

A device on board any of the four categories of boats must transmit the required information at least once every hour, or every two hours if article 6(2)(b)(i) or (ii) is applicable. Scottish fishing boats, wherever they may be, and relevant British fishing boats within the Scottish zone must transmit the required information to the Fisheries Monitoring Centre of the United Kingdom (article 6(3)).

In the event of a technical failure or non-functioning (as defined in article 7(7)) of a device on board any of the four categories of boats, the master or owner of the boat, or their representative, must communicate the up-to-date geographical position of that boat to the relevant Fisheries Monitoring Centre or Centres specified in article 8(1) (article 7). Article 7(3) specifies, by reference to provisions of Regulation 2244/2003, the means of communication that may be used, depending upon the category of boat. Article 7(4) specifies the time from, and the intervals at, which the up-to-date geographical position must be communicated, depending upon the category of boat. A boat to which article 7(2) has applied shall not leave port without authorisation from a British sea-fishery officer to do so (article 7(6)).

Article 9 creates offences in respect of breaches of the provisions of articles 4, 5, 6 and 7. It also creates offences in respect of altering the required information to be transmitted by, obstructing any antenna attached to, or interrupting the power supply to devices installed on board any fishing boat to which any provision of the Order applies; in respect of removing such a device from such a boat; and in respect of destroying, damaging, rendering inoperative or otherwise interfering with such a device.

Penalties for contravention of the offences created by article 9 are set out in article 10. The Order also provides powers for the recovery of fines (article 11) and for the evidential status of certain documents (article 16).

For the purpose of enforcing the Order, British sea-fishery officers are given the powers set out in article 12. Article 14 creates offences in respect of the obstruction of British sea-fishery officers.

Article 17 revokes the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000 (S.S.I. 2000/20).

The Regulatory Impact Assessment in relation to the application of the satellite-based vessel monitoring system to Scottish fishing boats has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Fisheries Protection Agency, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TW.