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 This draft has been replaced by a new draft, The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 ISBN 978-0-11-105992-0
17.—(1) The master, the owner and the charterer (if any) of a relevant pelagic boat must take all reasonable steps to ensure that all data recorded in relation to a fishing trip by an REM system installed on board the boat are—
(a)retained and stored throughout the 1 year period on at least one of—
(i)the data storage system owned, operated or hosted by or on behalf of the manufacturer of the REM system, or
(ii)the control box or storage box of the REM system, and
(b)made accessible to the Scottish Ministers on request during the 1 year period, including at such storage location for such period of time, and by using such means of transmitting the requested data, as the Scottish Ministers may specify.
(2) The Scottish Ministers may serve a written notice on any one or more of the master, the owner and the charterer (if any) of a relevant pelagic boat which exempts data specified in the notice from one or more of the duties in paragraph (1) with effect from the date specified in the notice.
(3) In paragraph (1), the “1 year period” means the period of 1 year beginning with—
(a)for REM data being stored on the data storage system, whichever is the later of—
(i)the time at which the data are recorded, or
(ii)the time at which automatic transmission of that data to that system is successfully completed in accordance with the technical specifications specified by the Scottish Ministers under regulation 16(1),
(b)for REM data being stored on the control box or storage box of the REM system, the time at which the data are recorded.
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