The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024

Data transmission request notices

18.—(1) The Scottish Ministers may at any time serve a data transmission request notice on any one or more of the following—

(a) the owner of a relevant pelagic boat,

(b) the master of a relevant pelagic boat,

(c) the charterer (if any) of a relevant pelagic boat.

(2) But the Scottish Ministers may not serve a data transmission request notice under paragraph (1) in respect to a relevant pelagic boat which is not a relevant Scottish pelagic boat at a time when the boat is located outwith Scotland and the Scottish zone.

(3) If the Scottish Ministers serve a data transmission request notice on any one or more of the persons listed in paragraph (1), the master, the owner and the charterer (if any) of the relevant pelagic boat must ensure that the requested data are transmitted in accordance with paragraph (4) to the data storage system identified in the notice no later than the end of the period of 72 hours beginning with the time at which the notice is received.

(4) Any requested data must be transmitted in a manner which ensures that the data—

(a) cannot be altered in any way after they are recorded by the REM system, and

(b) are transmitted in a secure manner.

(5) In this regulation—

“data transmission request notice” means a written notice containing a request made by the Scottish Ministers to any one or more of the persons listed in paragraph (1) that any relevant data be transmitted to a data storage system identified in the notice and which is owned, operated or hosted by or on behalf of the manufacturer of the REM system, and

“relevant data” means any data in relation to a fishing trip recorded by an REM system installed on board the relevant pelagic boat in relation to which a data transmission request notice is served.