- Draft legislation
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 This draft has been replaced by a new draft, The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 ISBN 978-0-11-105992-0
19.—(1) The Scottish Ministers may from time to time specify for the purposes of this regulation information and documentation, including drawings, plans and schematics, which must be submitted in writing to the Scottish Ministers following a relevant event.
(2) Before a relevant pelagic boat undertakes the first fishing trip following a relevant event—
(a)any information and documentation specified under paragraph (1) must be submitted to the Scottish Ministers in writing, and
(b)the REM system installed on board the boat must undergo a remote inspection.
(3) A relevant pelagic boat must not undertake the first fishing trip following a relevant event unless—
(a)following a remote inspection, the Scottish Ministers have given prior written consent for the boat to undertake the first fishing trip (the “system test trip”), and
(b)the system test trip is undertaken under the remote supervision of the Scottish Ministers for the purpose of assessing whether the REM system is fully functioning to the satisfaction of the Scottish Ministers.
(4) Where, following a system test trip undertaken in accordance with paragraph (3), the REM system installed on board a relevant pelagic boat is not fully functioning to the satisfaction of the Scottish Ministers, the boat must not undertake any further fishing trip unless—
(a)the Scottish Ministers have given their prior written consent to that fishing trip, or
(b)the REM system is fully functioning to the satisfaction of the Scottish Ministers.
(5) Where any information or documentation submitted to the Scottish Ministers in accordance with paragraph (2)(a) changes in any respect after it has been submitted, then an updated version of that information or documentation must be submitted to the Scottish Ministers in writing no later than the end of the period of 7 working days beginning with the day after the day on which the change occurs.
(6) In this regulation, “relevant event” means either of the following—
(a)the first installation of an REM system on board a relevant pelagic boat, where this occurs on or after the date this regulation enters into force,
(b)the replacement of an REM system installed on board a relevant pelagic boat, where this occurs on or after the date this regulation enters into force.
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