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New measures to protect fish stocks
16/09/2004
Improved measures to monitor and control fishing
activity and strengthen enforcement action against illegal
fishing were announced today.
Scottish Fisheries Minister Ross Finnie gave details of
further steps the Fisheries Departments in the UK are
taking to help ensure the sustainability of fisheries.
The measures include changes to the UK's designated
landing port (DLP) arrangements, to come into place from
October 1. From that date, DLP requirements will be
extended to vessels over 15 metres in length (compared to
the existing 20m criterion) but will apply only to vessels
arriving in port with more than one tonne of quota species
on board.
The fishing industry is to be consulted fully on taking
forward the issue of administrative penalties as part of a
more general effort to improve control measures and the
effectiveness of enforcement.
Mr Finnie said:
"The Executive is determined to protect the long term
viability of Scotland's fishing industry and the
communities it supports. Our ongoing commitment to protect
fish stocks is key to securing that objective. Robust
control and enforcement is essential to help ensure the
environmental and economic sustainability of our
fisheries.
"Our proposals for Designated Landing Ports seek to
strike an appropriate balance in control arrangements. They
have been extended to vessels in a smaller length band, to
reflect the catching power of this sector, but targeted on
vessels carrying more than a tonne of quota species to
reduce control burdens on vessels undertaking short trips
or catching only small amounts of quota species.
"As we take forward work on reviewing control and
enforcement, in particular our approach to administrative
penalties, we will work closely with stakeholders to ensure
that any additional control measures target the minority of
skippers who continue to flout the law by fishing illegally
without affecting the vast majority of our law-abiding
fishermen."
In the UK, vessels over 20 metres in length landing
whitefish are required to land into designated landing
ports (DLPs), within specified times, or to provide four
hours notice of arrival in port (to allow for the
deployment of enforcement resources and vessels to be
inspected if necessary). Separate DLP arrangements apply
to pelagic vessels and those landing certain stocks (such
as cod and North Sea haddock).
The Fisheries Departments wrote to stakeholders on March
10 this year setting out (amongst other things) proposals
to introduce, from May 1, revised DLP arrangements,
applying to all vessels over 15 metres in length landing
quota species. Concerns were expressed by industry that
such arrangements would cause problems for, for example,
vessels that habitually undertake short (less than 24 hour)
fishing trips relatively close inshore or catch only small
quantities of quota stocks. The implementation date of May
1 was deferred, to allow further consideration of the
points raised by industry.
It is now planned to introduce, from October 1,
arrangements that apply to over 15 metre vessels, but which
are carrying on board more than one tonne of quota
stocks.
The letter of March 10 also noted the intention to
investigate administrative penalties as an alternative to
the system of criminal proceedings currently in place for
breaches of fisheries offences. The basis for any such
arrangements will be subject to full consideration and
stakeholder consultation. Meantime, the Fisheries
Departments have noted their intention to take
administrative action (such as imposing additional control
measures or amending catch data provided by industry) in
circumstances where they have reasonable grounds to believe
there has been illegal or suspicious activity. There is an
appropriate legal basis for such an approach, which the
Departments believe can constitute a fairer, more
appropriate response to the identification of illegitimate
behaviour than, for example, subjecting the whole fleet to
remedial control measures.
Again, views from stakeholder interests on these issues
have been received, including on the need for appropriate
systems and safeguards to protect against the inappropriate
application of any administrative sanctions by the
Fisheries Departments. Systems and procedures (including
the right to make representations and the possibility of
Judicial Review) are available to provide for that.