
Marine Directorate
Sea Fisheries (Management) Division
To: Holders of Pelagic licences & entitlements,
Plus those on attached list.
Pentland House
47 Robb’s Loan
Edinburgh EH14 1TY
Telephone: 0131-244 4981
Fax: 0131-244 6288
Allan.Gibb@scotland.gsi.gov.uk
http://www.scotland.gov.uk
Your ref:
Our ref: FXQ 10/01 B1331185
16 February 2016
_____
_____
Dear Sir/Madam,
PELAGIC LICENSING AND MANAGEMENT ARRANGEMENTS FOR 2007
I am writing to advise you of the licensing and related arrangements to apply to this year’s Herring,
Mackerel and other pelagic fisheries. We are proposing to extend the 2006 arrangements to 2007, as
the 2006 arrangements are considered to have been successful and there were no instances of
misreporting forwarded to the Scottish Executive’s Marine Directorate by the Scottish Fisheries
Protection Agency (SFPA) for consideration. Therefore, we intend continuing with these
arrangements, as agreed at the Pelagic Review Group on 22 May 2007. The Executive is pleased
with the success of the Pelagic Licensing and Management Arrangements for 2006 and
acknowledges that the success of the arrangements is a direct result of industry’s cooperation.
Pelagic Protocol
The Executive will be introducing a voluntary Pelagic Processors Inspection Protocol with effect
from 1 June 2007. The Protocol, developed through consultation with industry and processors, shall
establish sets of obligations and expectations on both the industry and enforcement agencies. We
view this as a very positive initiative in highlighting the industries willingness and ability to move
forward in an open and transparent manner which sets the standards for others to follow. A copy of
the Protocol is attached at Annex B.
Arrangements for 2007
The management arrangements to apply for this year’s Herring and Mackerel fisheries are
that all vessels active in these fisheries shall be subject to stringent analysis of their activities.
Single Area Licensing arrangements were considered as a proportionate and justifiable
response to previous systematic misreporting of fishing grounds. However in response to
continued industry representation Multi Area Licences will initially be issued to all vessels.
Licences will be varied to Single Area Licences where the Fisheries Administrations reasonably
believes that there has been misreporting of fishing grounds or other serious breaches. It is
envisaged at this stage that licences will be varied for a minimum period of 6 months.

Background
Fisheries Administrations review each year the management arrangements to apply to Pelagic
Fisheries, in light of circumstances and experiences of the past year’s fisheries.
Pelagic stocks generally are relatively healthy (though concerns remain as to the current state of the
North Sea herring stocks resulting from weak recruitment) but, nonetheless, they remain vulnerable
to over-fishing. It is important therefore that appropriate steps are taken to ensure that pelagic
fisheries remain healthy and viable.
In 2006 Fisheries Administrations considered imposing Single Area Licensing (SAL) on the Pelagic
fleet to tackle what was seen as the systematic misreporting of fishing grounds in previous years.
Industry representatives opposed such an approach on the basis that some fishermen had not engaged
in any misreporting and that others had not been aware of the consequences of their actions. The
introduction of SAL would have removed some flexibility for vessels at sea and would have been a
significant imposition on the Pelagic fleet. After some consideration Fisheries Administrations
agreed to allow the Pelagic vessels to continue on Multi Area Licences (MAL) with the option to
vary any vessels licence to a SAL if there was evidence of misreporting. Throughout 2006 the
activities of the pelagic fleet were closely monitored using VMS data and there were no cases of
suspected misreporting. Fisheries Administrations have therefore decided to continue with MAL
arrangements in 2007 and trust that with the continued cooperation of the industry they will be as
successful as in 2006.
Procedures
Vessel owners should be aware that voyages undertaken by their vessels undergo analysis. The
activities of vessels are monitored and analysed for the purpose of ascertaining whether there are
grounds to suspect a contravention of the law – for example, that Area of Capture has been misrecorded in the vessel’s logbook. This analysis uses intelligence available to the SFPA and from
examination of documentation and reports submitted by vessels themselves.
Where the SFPA obtains evidence, to the criminal standard, of contravention of the law by a holder
of a Multi Area Licence it will report the case to Crown Office and Procurator Fiscal Service
(COPFS) for consideration for prosecution.
In addition to or where the SFPA obtains evidence that, on the balance of probabilities, a
contravention of the law has occurred it shall report the case to the Scottish Executive’s Marine
Directorate shall consider the report and whether it may justify variation of the vessel’s Multi Area
Licence to become a Single Area Licence.
For example the following procedures will be undertaken when there is reason to believe that Area
of Capture had been mis-recorded on an EC logsheet or where there are other serious breaches.
I. The Marine Directorate will notify the owners in writing giving a period of time for
representation.
II. The owners will be copied relevant documentation used by SFPA in making its assessment.
This will be sent by recorded delivery to the first named owner on vessels’ certificate of
registry.
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III. After the specified period has expired the Marine Directorate will consider the SFPA`s
assessment and any representations duly made and will determine whether – on the basis of
the information before it - it should exercise its discretion to vary the licence from a MAL to
a SAL.
IV. Where the assessment is that the licence should be varied to a SAL then the licence will be
varied to become a single area licence for a period envisaged to be of 6 months. The Marine
Directorate reserves the right to further extend this period by additional 6 month periods in
appropriate cases, for example if mis-reporting of Area of Capture continues or other
offences are committed.
V. Prior to the completion of any 6 month period where a licence has been varied to a SAL,
vessel owners will again be contacted advising as to the results of analysis of their vessel’s
activities by SFPA over the preceding period. The owners shall have a further period for
representation. After this further period has expired the Marine Directorate will consider the
SFPA`s assessment and any representations duly made and will determine whether – on the
basis of the information before it - it should exercise its discretion to extend by a further 6
months the variation to SAL.
There are no planned changes to the current arrangements for other pelagic fisheries. Further details
are set out in the annex to this letter, but in summary the main points are as follows:



Multi Area Licences will be removed by way of variation to Single Area Licences where
there is evidence of misreporting or other serious breaches. It is envisaged that these
variations will be valid for a minimum period of 6 months. We believe this approach best
serves a desired aim of individual accountability and responsibility.
The issues of a separate licence to permit fishing for Atlanto-Scandian Herring (ASH) will be
permitted for applicant vessels in all months, except July and August. Whilst vessels hold a
licence for ASH their main licence will be suspended.
Separate previously detailed licensing arrangements for Blue Whiting will continue.
These arrangements reflect current circumstances in the pelagic fisheries, and will continue to be
kept under review. The Marine Directorate reserves the right to impose a general Single Area
Licensing Arrangement with no exemptions if there continues to be cause to suspect high levels of
non compliance with these licensing and management arrangements. Accordingly the activities of
these vessels will during 2007, be kept under close observation.
If you have any questions about these arrangements, please address them in the first instance to your
local port office which will, if necessary, take up any issues with the Fisheries Administrations.
Yours faithfully,
ALLAN GIBB
Head of Sea Fisheries Compliance and Licensing Policy
Sea Fisheries (Management) Division

ANNEX A
PELAGIC LICENSING AND MANAGEMENT ARRANGEMENTS FOR 2007
Licensing Arrangements
1.
The Atlanto-Scandian herring (ASH) and Blue Whiting fisheries will be separately licensed.
While licences for these fisheries are in place the vessel’s main licence will be suspended. Both ASH
and Blue Whiting licences may be held concurrently during a single fishing trip, but fishing for
Atlanto-Scandian herring will be prohibited during the months of July and August.
Exchange/Uplift of licences
2.
The arrangements for the exchange and uplift of ASH and BW licences during 2007 are
detailed below. These set out the implications of the provisions of the Sea Fisheries (Licences and
Notices) Regulations 1994 and which affect the time at which licences and related notices take effect
(which can vary from immediately these have been delivered or given, where delivered personally to
the Master on board the vessel, to 72 hours or more later if delivered by post through a Nominee).
The effective date and time will be shown on the notices. However, please make sure you understand
the arrangements so as to avoid difficulties during the fishing season.
Exchange/Uplift in UK Ports
3.
Providing sufficient notice (normally up to 24 hours) is given to a vessel’s licensing port
office, licences may be exchanged while vessels are in any port in the UK where there is a Fishery
Office. The facility to uplift/exchange licences will generally be available between 9am and 4pm,
Monday to Friday.
4.
In Scotland, uplift/exchange of licences may also be facilitated at weekends, where prior
agreement has been reached with the vessels licensing port office and the issuing Fishery Office.
These arrangements must be made prior to 4pm on the Friday and will only be agreed when staffing
availability permits.
Exchange/Uplift in Foreign Ports
5.
Arrangements allowing for the remote exchange of licences while vessels are present in
foreign ports will again be permitted providing sufficient (at least 24 hours) notice of exchange is
given to the vessel’s licensing port office. Arrangements for this service will be in accordance with
the terms of the Sea Fishing (Licences and Notices) Regulations 1994. Port Offices must be notified
between 9am and 4pm, Monday to Thursday; and between 9am and 2pm on a Friday. This will allow
time for licences to be made available and arrangements to be made, if necessary, for the inspection
of the vessel by enforcement authorities of the country in which the vessel is present.
Vessels Unable to Enter Port
6.
Arrangements remain in place for vessels unable to physically come into port to
exchange/uplift licences. Vessels are normally required to be tied up in port at the time of
exchange/uplift, to allow for the physical inspection of the vessel. In exceptional circumstances,
however, British Sea Fishery Officers (BSFOs) may, subject to notification as set out above,
facilitate the uplift/exchange of licences for vessels which are not tied up alongside. Such requests
will be considered on their merits and will only be permitted if a) the vessel is anchored sufficiently
close to a port where there is a Fishery Office; b) it is available for on-board inspection; and c) the
Master is able to provide BSFOs with safe passage to the vessel.

Satellite Monitoring
7.
Satellite monitoring data will continue to be closely monitored by the Fisheries
Administrations as evidence of compliance with pelagic fisheries controls by fishermen. Appropriate
measures, including the imposition of special licence conditions (such as re-instating single area
licensing requirements) or administrative action in relation to quota management, may be taken if
there is evidence of inappropriate behaviour.
Verification of Pelagic Landings
8.
Efforts will continue in the UK, alongside the additional requirements set out in EU
Regulations, to improve systems to control and verify the volume of pelagic landings. These may
involve general or targeted measures, on which the co-operation of industry (whether catchers or
buyers) will be required.
SCOTTISH EXECUTIVE
June 2007

ANNEX B
PELAGIC PROCESSING FACTORIES – INSPECTION PROTOCOL
Purpose
Significant progress has been made in ensuring the veracity of declared weights submitted from
Scottish pelagic processors. Control measures now in place fully meet current EU requirements a
process that has taken some time and has been achieved with the full cooperation of those processors
involved. We are now in a position to present our process and systems to the Commission
Authorities as very effective, perhaps even the most effective control measures of any country
involved in the landing of pelagic fish.
In an effort to be confident that this level of control is maintained, and in seeking continued
responsible practices, we have developed the following protocol. This will ensure there is no room
for complacency and help to avoid future accusations that control measures in Scotland are
inadequate. The protocol is also required to formalise inspection procedures at premises over and
above attendance by officers carrying out routine monitoring checks.
The protocol and actions required will be discussed and agreed with each of the processing factories
and will not replace the need for routine checks to be made on equipment and practices by local
officers.
SCOTTISH EXECUTIVE- MARINE DIRECTORATE (Compliance Policy Team)
Shall:
 Maintain and update a catalogue for each processing factory. Each catalogue will Detail
individual factories routine processing and calibration status, and provide photographs of all
seals and labels affixed to allow cross reference by officers to ensure no tampering has taken
place. Maintain a log of factory inspections and results noted.
 Be the contact point for discussion in the event that a factory is identified as potentially being
in breach of any control requirements.
 Liaise directly with processors in dealing with issues relating to production, or their ability to
maintain levels of compliance.
 Maintain regular contact with trading standards officers to discuss any potential changes that
may impact upon operating processes and recalibration exercises.
 Provide feedback to processors on an annual basis the result from inspections carried out.
 Continue to press for an increase to the current 2% allowance for water. Making full use of
factories production monitor results as additional evidence based argument for an increase.

SFPA
Shall:
 Carry out an annual full scale inspection of weighing equipment, including the tracing back
of all wiring. An experienced engineering officer should accompany BSFOs with this. Full
report copied to the Marine Directorate.
 Inspect the weighing system and maintenance log following each repair or maintenance.
Summary of findings and photographs, forwarded to the Marine Directorate for recording.
 Carry out at least one comprehensive production monitor per factory per calendar six
months to verify meter readings, compare flow rates, yields and outturn recordings.
Communicate to factory/production manager, immediately prior to the exercise
commencing, the suggested plan of action, including staff numbers, required to secure
SFPA objectives whilst taking full account of health and safety considerations, product
quality and minimising disruption to production processes.
 Carry out a full follow through of a weeks production in the factory at least once a year. In
recognition of the call on time of key factory staff and to avoid disruption during key
periods, this exercise will normally be undertaken out with the main factory processing
months. The active cooperation of key personnel will further assist in minimising intrusion
and potential time on site. This will include getting production records from production
manager, checking these against records maintained by laboratory, and also follow through
production records to cold store to ensure that records show entire catches. These records
should then be followed up by comparing production records to purchase invoices sent to
relevant Agents. The findings here should be recorded and compared with details that have
been submitted to offices. The findings should be reported to the Department, although the
Agency may wish to report the factory/ vessel/ Agent for criminal proceedings.
Processors
Shall:
 Advise the local fishery office immediately there is an issue arising that effects their ability to
comply with control regulations.
 Facilitate inspections as required and make all documentation readily available.
 Communicate any issues of concern immediately in the first instance to the senior officer at
the local Fishery Office.
In the routine event of carrying out a follow through of a weeks production, processors may if
they so wish, request that crosschecking of relevant records is carried out on the premises. This
request should be made if the following conditions can be applied.
 That an adequate and separate office environment can be provided.

 That there is no obstruction or interference with those carrying out those crosschecks.
 That there is no restriction on times of entry or access to the dedicated office to allow this
work to be undertaken.
 That at any point the records can be removed if information requiring further
investigation or enquiry is found.

PELAGIC MANAGEMENT ARRANGEMENTS 2007
OTHER INTERESTED PARTIES
1.
2.
3.
4
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
Aberdeen Fish Producers’ Organisation
Anglo Scottish Fishermen’s Association
Arbroath Fishermen’s Association
Caley Fisheries Ltd, Fraserburgh
Caley Fisheries Ltd, Peterhead
Clyde Fishermen’s Association
Clyde and South West Static Gear
Association
Cockenzie & Port Seton Fishermen’s
Association
Denholm Fishselling Ltd, Edinburgh
Denholm Fishselling Ltd, Peterhead
East Coast Licensed Small Boats
Association
Federation of Highlands and Islands
Fishermen
Fife Fish Producers’ Organisation Ltd
Fife Fishermen’s Association
Fishermen’s Association Ltd
Herring Buyers Association Limited
Highland
&
Islands
Fishermen’s
Association
Hooktone Ltd
IMT Marine Consultants Ltd
LHD Limited
Live Shellfish Traders’ Association
Local Economic Development Services
(East)
Lunar Fishing Co.
Mackinnons, Solicitors
Mallaig & North West Fishermen’s
Association
Mull Fishermen’s Association
North East of Scotland Fishermen’s
Organisation Ltd
Northern Producers’ Organisation
Oban Port Association
Orkney Fish Producers’ Organisation
Orkney Fisheries Association
Peter & J. Johnstone Ltd
Peterhead Fishermen Ltd
SAC Management Division
Scallop Association
Scottish Seafood Processors Federation
Ltd
Scottish Fishermen’s Federation
Scottish Fishermen’s Organisation Ltd
Scottish Fishing Services Association
Scottish Pelagic Fishermen’s Association
Scottish Whitefish Producers’ Association
Shetland Catch
Shetland Fishermen’s Association
Shetland Fish Producers’ Organisation Ltd
Skye & Lochalsh Fishermen’s Association

46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
J Smith
The 10 Metre and Under Association
Ullapool-Assynt Fishermen’s Association
West of Four Fisheries Management
Group
West of Scotland Fish Producers’
Organisation
Western Isles Fishermen’s Association
Westward Fishing Co.
Wigtown Fishermen’s Association
Alex Buchan Ltd
Croan Seafoods
Fresh Catch
Pelagic Freezing (Scotland) Ltd
United Fish Products Ltd
Notices of Variation under the Sea Fishing (Licences and Notices) Regulations 1994
Recipient
Recipient type
Method of delivery
Master
n/a
Master
n/a
Delivered
Personally while
he/she is on
board the boat
Sent by electronic
means to the
vessel i.e. by fax
email etc
Nominee
Individual only
Delivered
Personally
All
Individual and
for Company
nominees
delivered by
hand
Sending it to
him/her by post at
their address or
place of business
By leaving it at
their address or
place of business
or in the hands of
any person there
All
By transmitting it
to the Nominee by
electronic means
at their address or
place of business
Nominee
Nominee
Nominee
Time required to be
treated as delivered or
given
Further time
required to come
into effect
Total
At the time the
document is handed
over
None
Immediately
24 hours after the time of
communication
Example
Effective time/date on a variation
handed over, posted, left or
emailed at 10:00 on 1 July
10:00 on 1 July
None
24 hours after the
time of
communication
24 hours
10:00 on 2 July
48 hours after midnight
on the day of posting
24 hours
72 hours
(from
midnight)*
00:01 on 4 July*
24 hours after the time
of communication
24 hours
48 hours
10:00 on 3 July
24 hours after the time
of communication
24 hours
48 hours
10:00 on 3 July
None
10:00 on 2 July
* when sent by post if the variation would fall to be delivered on a Sunday or any place where when it is delivered there is a Bank Holiday or in Scotland is a local holiday it will be
treated as delivered at the end of the next day which is not a Bank or local holiday.
10
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SE Approved
Version 1.1