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

Technical failure or non-functioning of REM systems

9.—(1) This regulation applies in the event of a technical failure or non-functioning of the REM system installed on board a relevant scallop boat.

(2) But this regulation does not apply to—

(a) a fishing trip which is a system test trip in terms of regulation 8(3),

(b) a fishing trip undertaken with the prior written consent of the Scottish Ministers under regulation 8(4)(a),

(c) a technical failure or non-functioning of a winch sensor to which regulation 10 applies.

(3) Paragraph (4) applies in the event of a technical failure or non-functioning of the REM system installed on board a relevant scallop boat which occurs before the boat starts a fishing trip.

(4) Where this paragraph applies, the boat must not leave the port or, as the case may be, enter the Scottish zone for the purpose of undertaking the first fishing trip after the technical failure or non-functioning until the REM system is fully functioning to the satisfaction of the Scottish Ministers.

(5) In the event that a technical failure or non-functioning of the REM system installed on board a relevant scallop boat occurs during a fishing trip (the “first breakdown”), paragraphs (6) to (8) apply.

(6) The master of the relevant scallop boat or their representative must notify the Scottish Ministers of the technical failure or non-functioning immediately after its detection.

(7) Following the end of the fishing trip during which the first breakdown occurred—

(a) a relevant Scottish scallop boat must not leave a port for the purpose of undertaking the first fishing trip after the first breakdown,

(b) any other relevant scallop boat must not leave a port in Scotland or, as the case may be, enter the Scottish zone for the purpose of undertaking the first fishing trip after the first breakdown,

unless the conditions in paragraph (8) are met.

(8) For the purposes of paragraph (7), the conditions are that—

(a) the REM system installed on board the relevant scallop boat has undergone a remote inspection, and

(b) following a remote inspection, the REM system is fully functioning to the satisfaction of the Scottish Ministers.

(9) In the event that a technical failure or non-functioning of the REM system installed on board a relevant scallop boat occurs during the first fishing trip following a fishing trip during which a first breakdown occurred (the “second breakdown”), paragraphs (10) to (13) apply.

(10) The master of the relevant scallop boat or their representative must notify the Scottish Ministers of the technical failure or non-functioning immediately after its detection.

(11) The relevant scallop boat must cease any relevant scallop dredge operation immediately after a notification is made under paragraph (10).

(12) Following the end of the fishing trip during which the second breakdown occurred—

(a) a relevant Scottish scallop boat must not leave a port for the purpose of undertaking the first fishing trip after the second breakdown,

(b) any other relevant scallop boat must not leave a port in Scotland or, as the case may be, enter the Scottish zone for the purpose of undertaking the first fishing trip after the second breakdown,

unless the conditions in paragraph (13) are met.

(13) For the purposes of paragraph (12), the conditions are that—

(a) the REM system installed on board the relevant scallop boat has undergone a remote inspection, and

(b) following a remote inspection, the REM system is fully functioning to the satisfaction of the Scottish Ministers.