NATIONAL AUDIT OFFICE
REPORTBY THE COMPTROLLERAND AUDITORGENERAL
The Protectionof Scottish Fisheries
ORDEREDBY THEHOUSEOFCOMMONS TOBEPRINTED 6DECEMBER1995
LONDON:HMSO HC 28 Session 1995-96 Published 13 December 1995 f9.85 NET The Protection of Scottish Fisheries
This report has been prepared under Section 6 of the National Audit Act 1983 for presentation to the House of Commons in accordance with Section 9 of the Act.
JohnBourn National Audit Office Comptroller and Auditor General 13November 1995
The Comptroller and Auditor General is the head of the National Audit Office employing some 750 staff. He, and the NAO, are totally independent of Government. He certifies the accounts of all Government departments and a wide range of other public sector bodies; and he has statutory authority to report to Parliament on the economy, efficiency and effectiveness with which departments and other bodies have used their resources. The Protection of Scottish Fisheries
Contents
Pages
Summary and conclusions 1
Part 1: Introduction 8
Part 2: Achievement of targets 16
Part 3: The Agency’s assessment of their effectiveness in contributing towards the protection of fsheries 27
Appendices
1. Principal fisheries conservation methods applied in the United Kingdom 40
2. The organisation of fisheries inspection services in European waters 44
3. Consultant’s review of the Scottish Fisheries Protection Agency use of information 50
4. Results of National Audit Office survey of Scottish fishermen 58 The areapatrolled by the ScottishFisheries Protection Agency exceeds 180,000 square miles
Aerialsurveillance is providedby two aircraftoperated under contract The Protection of Scottish Fisheries
Summary and conclusions
1 The Atlantic and the North Sea contain a wide variety of fish species which provide an important source of food and of employment for Scottish fishermen. But there is a need to regulate the industry in order to conserve stocks, some of which have been reduced to low levels.
2 The Scottish Office Agriculture, Environment and Fisheries Department have two main aims in connection with fisheries:
a) to contribute towards maintaining the framework for the existence of a modern and viable fishing industry in Scotland; and
b) to seek the conservation of sea-fish stocks by providing a satisfactory management regime that fosters, as far as possible, the voluntary co-operation of the industry.
3 Within these aims one of the Department’s objectives is to enforce, through the Scottish Fisheries Protection Agency, conservation measures as efficiently as possible. Thus the aim of the Agency is to secure the enforcement of fisheries law and regulations in Scottish waters and ports. To this end the Secretary of State has set the Agency a number of specific objectives.
l to pursuk~andimplenient an effktivestrategyforfisheries enforcementandmeetthe targetsset for it;
l to deterillegal fishing by UnitedKingdom and foreign vesselsby air and seasurveillance;
l to detectbreaches of fisheriesregulations by monitoringand inspectionat seaand in ports and reporl as appropriateto the prosecutingauthorities:
l to provideintelligence on fishing activity in Scottishwaters and informationand advice in support of fisheriespolicy; and
l to deliverand manageits inspectionand protectionservices economically, efficiently and effectively.
4 In pursuit of these aims and objectives the Secretary of State has set a number of targets for the Agency.
1 The Protection of Scottish Fisheries
5 The National Audit Office examined the extent to which the Agency’s targets have been achieved; and how they assess the effectiveness of their fisheries protection operations and their contribution to the conservation of the fish stocks. In aid of this work they sought the advice of consultants MUG Ltd; and visited fisheries protection bodies in other countries.
_-_~- -,__. ~.,-.~ ~I~~~_~-, hi& h&e ihe’A&ztk~‘f&d &ak~the targets i&t by ihe S&re~a~ of St&? The majorityof the targetswere not metin the first two years.Performance has improvedand. even with the moredemanding targets that have now beenset, almostall were met in the third and fourth years. 1991192 1992193 1993194 1994195
Target Outturn Target Outturn Target OUttWl Target Outturn - Percentageof hours flown on task t’) 78 82 85 81 85 84 85 67 - Costper aircraftsighting (f) 137 144 95 100 95 85 90 94 - No. of boardingsat sea 2,750 2,513 2,500 2,261 2,500 2,984 2,600 2,962 -Cost per boarding(f) 2,263 2,392 2,600 2,862 2,889 2,289 2,600 2,247 -Cost per logsheetchecked in port(f) _ _ 41 49 66 58 63 58 - Offencesrepolted to ProcuratorsFiscal: -within 4 weeks(%) 50 17 -within 6 weeks(%) 90 28 50 48 50 61 50 82 -within 8 weeks(%) 90 66 90 86 90 94 - Propoltion of reportedoffences prosecuted (%) 75 64 75 59 75 77 75 81 - Cashreleasing efficiency gains (%) (‘) 1.5 1.5 6.0 6.0 1.5 2.0 2.0 2.2 t’) Partof the time takento fly from baseto fishing groundsis not regardedas time on task, t2)These gains are expressed as a percentageof the Agency’srunning costs budgetfor the year,
Achievement of targets
6 As the above table shows, the Agency’s targets and performance indicators concentrate on the economy and efficiency of their enforcement activities. The targets are therefore relevant to the Agency’s aim. The National Audit Office found that the targets set for the Agency were as well advanced as those set in other countries’ agencies which they visited; and were of a similar nature.
Hoi&r are’the .&gen& co&lb&g &the Departmen$‘s a&of ’ ’ conserving fish stocks? The Agency’s performance information does not indicate how far fish stocks are being conserved. That is because the enforcement effort is only one of the many complex factors tiecting fish conservation. Its direct effect is not measurable.
2 The Protection of Scottish Fisheries
7 The achievement of some targets, such as those for aerial and marine surveillance, can he affected stistantially by the level of fishing activity taking place. Currently the Agency can assess how long Scottish fishing vessels have spent at sea, hut not the number of days spent in Scottish waters by foreign registered vessels.
i) Aerial surveillance 8 Aerial surveillance provides information on fishing activity and assists the deployment of fishery protection vessels. It can provide evidence when fishing vessels are operating in areas which are prohibited to them or which do not accord with their logbooks.
The Agency’s aerial surveillance targets have proved hard to meet. But performance has improved, even though the targets set have been made progressively more challenging. These are encouraging trends.
ii) Marine surveillance 9 The main role of the Agency’s fishery protection vessels is to deter and detect breaches of regulations through observation and boarding of fishing vessels. Fishing vessels are inspected for compliance with regulations affecting fishing gear, licences to fish and correct completion of logsheets.
;~Hoti:~ffiqie$is the’$getitiy’~‘@j@ 6tifyeijl&&&fc@?,: ! ;::: :-:~,; I .:::i In 1993-&l and 1994-95 the more efficient use of fishery protection vessels, aided by good weather, enabled the Agency to exceed their boarding and unit cost targets by wide mar&. Given the importance of boardings to the Agency’s work, these are worthwhile results. The National Audit Office recommend that these targets be re-assessed in the light of the performance achieved in earlier years
10 The Agency monitor boardings by recording the time each takes, the proportion of available nets measured and the offences detected. But they have decided not to set targets for these activities because boarding duration is affected by the number of nets and quantity of fish on board fishing vessels. As these factors contribute to the quality of boardings, it is important for the Agency to monitor their achievements in this area over time.
3 The Protection of Scottish Fisheries
iii) Shore based activities 11 Sea Fisheries Inspectorate offices reconcile catches with logbooks and landing declarations, inspect nets, and report catch statistics to the Scottish Office Agriculture, Environment and Fisheries Department in order that uptake against quotas can be monitored and reported to the European Commission. Fisheries staff also license boats, advise fishermen and assist scientists in their assessment of fish stocks.
,Hi& istheefficiencybf’thk:~~~~~~~~:s~~~~~:~~~~~~~~~~~~~~~~~~~~: ~,_‘: .~ ” .,~,‘;;:~ ~, ~1~~ .l.., And what have beei.the’resul&? ’ : ,:, The Agency’s target for their Sea Fisheries lnspectorate is now the unit cost of checking a vessel’slogbook. This target has been achieved in each of the last two years. But, in the view of the National Audit Office, the measurement of the Agency’s performance in this area would be improved if the number of logsheets physically versed against catches were expressed as a proportion of the total submitted by fishermen. This would be a useful measure since the checking of logsheets against catches acts as a deterrent against the exceeding of quotas and misreporting of catches.
12 In September 1993 the Agency introduced mobile land-based units to reinforce routine patrols of fishing ports at night. These units respond to information on fishing vessel movements, and provide an element of surprise. However, their deterrent effect is limited because of the large number of ports and landing points available. There are no targets for this work, the incidence and success of which, by its nature, are difficult to predict.
iv) Enforcement 13 Targetsfor reportsmade to procuratorsfiscal focus on the time taken to process them and the proportion which result in court proceedings.
/ Hg, ha& wle:~~~~~~~k~~~~~~~~~~~~~~,~~~~:~~~~~~~~~~~~~~~~~.~~~,, ,, .,.~~.,~.:,~ ,~::,.: ;‘-:y:~ ‘::“.,:,,;x; ,<,! enforcement w&k? The targets initially set for the Agency governing the thn&~eportig of alleged offences to procurators fiscal proved too demanding. They have now been eased and were both surpassed in 1994-95. Given the deterrent effect of enforcement work, these are creditable trends. The National Audit Office recommend that future targets for the submission of reports be set in the light of the results achieved in earlier years.
4 The Protection of Scottish Fisheries
On the assessment of the Agency’s effectiveness
i) Application of quotas 14 The main instrument of the European Common Fisheries Policy is the total allowable catch which is subdivided into national quotas. The European Community has also adopted targets designed to limit the level of fishing effort by 1996. These measures, along with regulations covering the size of fish which may be retained and the use of fishing gear, are intended to ensure that fishing does not threaten fish stocks which are declining at a time of overcapacity in European fishing fleets and improved fishing efficiency.
15 While the Agency are not responsible for the setting and allocation of quotas, they are responsible for detecting breaches of them in Scottish waters. .-“-7--7~~,?~, -77:“’ ,~ 7 How successful are the Agency,i$d&e&& breaches ~of’~~t~~::‘:l::::! Because of the large number of possible landing places, the extent of fish landed outside Scotland and the Agency’s Bnite resources, this is a di6icult responsibility to discharge. It is not possible accurately to measure success in detecting and deterring quota offences because the level of unrecorded catches is not known.
ii) Detection of offences 16 Given that the probability of a fishing vessel in Scottish waters being boarded in any one day is just over one per cent, it is vital for the Agency to use all the information at their disposal to ensure that boardings are as effective as possible.
The Aeencv should integrate more closelv their catch. logbook and surveiltance information. This would assist them to identify vessels which may be involved in illegal activity; to focus their efforts on areas where fish stocks may be most at risk; and to concentrate their efforts on offences which have most impact on conservation, such as breaching quotas and using illegal gear. Their new information system will facilitate these measures.
iii) Prosecutions 17 The Agency recognise that successful prosecutions can be a deterrent to others and they have therefore sought to improve the success rate of prosecutions.
5 The Protection of Scottish Fisheries
f?< y:-‘:: ‘;~~~:’ ~!.: :: i:^:,::~~‘,.r:“.~~:-~~5i:r,~~~,,,;: ~I>::?~;. pi:.. ,,,--l--‘-;“-n’?r--~,~~.~~~~~~.~~~~~~~.~~~~~,..~;~~,~?,~:~:~~~~ ;: -.:-,)i~,~.‘:,::,.i(c~.,.-,.I:_~;,:... ~;c:,;:,:.; ~.,i_jl ..,/ ;T ,q 1Wl$ has been,,,~e-Agency.,s:s.ucceSs.mprosec~~~g~.o~e~c~s~.~~~~;~~~~~~~~,i “Between 1991-92 and 1993-94 the number of prosecutions res&ing in guilty findings doubled. The Agency attribute this to better staff training and to closer liaison with procurators fiscal.
18 While prosecutions have an impact on conservation through deterrence, the Agency cannot know the total number of offences Consequently, they cannot assess with any precision their effectiveness in detecting and deterring illegal activity.
:How &the ,~g~ncyimpm~,~~~~~~~~~~~~~~~~~~t~~~~:i~~~~ surveillancework?, ‘~ ,~ ~‘.~,~ ,, I;~~ ~.~ ~‘~,, The Agency’s new information system offers them consided& scopes for improving thejr performance. For example they should be able to relate their air, sea and land surveillance results in order to produce a reliable estimate of the level of fishing activity. In particular comparing aerial sightings with the position of vessels as shown in their logbooks could identify a potential offence. In the view of consultants engaged by the National Audit Office the new system will provide greatly increased scope for detecting offences.
19 Comparing the use of the Agency’s resources, such as for boardings, with total estimated fishing vessel activity would assist in assessing their operational performance and their success in meeting their aim of enforcing laws and regulations.
! ~How~~~~~~~~f~-~~~~~~~~~~~~~~~:~f~~t~~~~,~~~~~:~~~~~~~~ co-operation? ’ .‘~, The National Audit Office’s survey of fishermen showed that the Agency are held in high regard for their knowledge of fisheries regulations. This suggests that the industry do not expect the Agency to miss any offences; and that the industry would not lightly seek to evade them. However the fact that 890 alleged offences were detected in the four years to 31 March 1995 shows that the industry’s co-operation was not total. But the deterrent effect of a rising number of successful prosecutions should help to ensure a higher degree of voluntary compliance.
20 While over-capacity continues in the fishing fleet and some illegal fishing remains undetected. fish stocks are likely to remain at risk. The Agency’s activities are aimed at the deterrence and detection of illegal fishing, though the effect on conservation is difficult to assess and not measured. However other initiatives, such as the United Kingdom vessel decommissioning scheme and proposals to limit the
6 The Protection of Scottish Fisheries
number of days fishing vessels may spend at sea, which are designed to secure a closer link between fishing effort and resources, could have a significant impact on the balance of the Agency’s activities.
7 The Protection of Scottish Fisheries
1. Introduction
1.1 Fish have long provided an important source of food and of employment to the people of Scotland. In 1994 500,000 tonnes of fish, worth E300 million, were landed in Scottish ports. The Scottish fishing fleet numbers some 2,900 vessels and provides direct employment to more than 8,000 fishermen, to merchants, and to fish processors. Scottish fishing boats account for 60 per cent by value of all fish landed in the United Kingdom, most of it from waters around Scotland. A quarter of Scottish fish by volume and value are landed at Peterhead, the largest fishing port in Europe.
Peterheadis the largestfishing port in Europe
The need for fisheries protection
1.2 During this century the annual global catch of fish has increased 25 fold to 80 million tonnes and stocks are seriously depleted in several areas. Whilst environmental degradation and pollution have contributed to the decline in stocks, a significant problem is the high capacity of the fishing industry both in Europe and the rest of the world, leading to over-fishing in some areas.
8 The Protection of Scottish Fisheries
1.3 Britain’s sea fisheries have been protected and controlled by authority of Parliament for nearly 200 years. Since 1983 such fisheries have, as in other Member States, been managed within the framework of the European Community Common Fisheries Policy (Appendix 1).
Scottish Office aims and objectives
1.4 The Scottish Office Agriculture, Environment and Fisheries Department have two main aims in connection with fisheries:
a) to contribute towards maintaining the framework for the existence of a modern and viable fishing industry in Scotland; and
b) to seek the conservation of sea-fish stocks by providing a satisfactory management regime that fosters, as far as possible, the voluntary co-operation of the industry.
Although they seek voluntary co-operation, one of the Department’s objectives is to enforce, through the Scottish Fisheries Protection Agency, conservation measures as efficiently as possible.
Role of the Scottish Fisheries Protection Agency
1.5 The Scottish Fisheries Protection Agency were created an Executive Agency of the Department in April 1991 through the amalgamation of a number of Departmental units. The Secretary of State for Scotland is responsible for the Agency and sets their aims and objectives. The Department advise him on policy issues affecting the Agency but, apart from monitoring performance against targets, they are not involved in the Agency’s day to day operations. The Agency’s Chief Executive prepares an annual report on performance for the Secretary of State, which is published.
1.6 The sea area covered by the Agency exceeds 180,000 square miles, extending over 200 miles to the west and north of Scotland as far as the Rockall area and into the North Sea (Figure 1 overleaf). The Agency are unique in Europe in owning their own ships and aircraft and in operating as a distinctive protection organisation. Most other countries’ fishery protection services operate within fisheries ministries and many utilise external resources such as the armed forces and coastguard for marine and aerial surveillance (Appendix 2).
9 The Protection of Scottish Fisheries
.~ ‘-Boundary of Agency’s responsibility FameIslands --‘--.-100fathomline B
Rockall I \ : .I
The quantity of fish declines rapidly in waters off the continental shelf and hencemost fishing is done in waters of less than 100 fathoms.
Fisheries regulations
1.7 A large number of detailed legal requirements govern fishing in Scottish waters. They fall primarily into two sets:
l controls aimed at restricting the areas where vessels may fish, the type of gear which may be used, and the size of the fish that may be retained; and
l controls affecting the quantities and species of fish which may be landed,set out in termsof totalallowable catches and quotas.
1.8 The quantities, or quotas, of fish which may be caught are allocated to member states and other countries on the basis of historical catching records. The number of fishing vessels with access to these quotas is controlled through the issue of licences. Access to Scottish waters by United Kingdom fishing vessels is controlled by licences issued by fisheries departments: and access by foreign fishing vessels is controlled by the flagstate concerned. The Agency estimate that about a quarter of all vessels fishing in Scottish waters are foreign registered.
10 The Protection of Scottish Fisheries
1.9 Quotas can be allocated to individual fishing vessels by member states. However in the United Kingdom, it is more common for quotas to be allocated to Producer Organisations (associations of fishing vessel owners) and then by these organisations to individual boats.
Operational enforcement
1.10 Individual fishing vessels generally carry gear which enables them to target specific groups or species of fish (see Box 2). About half the 2,900 Scottish vessels are of less than 10 metres in length and :-neir the surfaceand fend to move return to port each night. Larger vessels typically spend 8-10 days _‘~?re~in,predlctable’patternseg,to: ~..~~:- at sea at any one time. Regulations require vessels of 10 metres or :spawhinggr0unds;The majorityof more in length to maintain logbooks detailing the location, species pelagicfish caught in$&tish~@ters and quantities of fish caught. All vessels are required to submit ; is Soldio~“Kldnbykel” factolyships. landing declarations and records of sales to merchants.
$i7ei.%&Spe$2~ ~ij&+ pi: / hadd$ck@d~~h&~ live@ o[,near ‘i 1.11 In 1994-95 the Agency’s total expenditure was E11.9 million and ::~hss$;bed$ hat shoal:ar$are,,, ,: ‘~ their average number of employees was 269 (Figure 2). To enforce foo~dthreughouttheyear~offthe, ~’~:’ fisheries regulations the Agency own and deploy: two surveillance nbrth~@d,w&tof,Scotland,and in the aircraft operated under contract with Directflight Ltd; four offshore ;~Nofih+a: p@%sal and delagic protection vessels each capable of spending up to three weeks at qeciesare ta~@ated,by~largervessels, sea; three smaller inshore vessels which return to port each night; althdughSome Snialler Vessels will fish forsmall volumesof high value and a network of 19 Sea Fisheries Inspectorate offices situated at fjsh in i?shore,waters., ~: -‘~,-~lii-“.:~~,,, -,-,,‘~.-~~,r::::- :~,:,~::-,:-:_i:-T-‘-“-~:“‘~;, ,;y:,~~. ;;y; ,;;,;~ :: ,., ::,: ,~ .,z; ,,, ,,:, ?:.~x~ig~re,2:~Sdo~ish’~F~~herles~ProteCtion~Agency~expendlture 199&95~‘; ’ ~’ Shellfishandnephrops - Shellfish (lobster,crab) and nephrops(prawn) Aerial Surveillance running costs arecaught in shallow waters fl.6m particularlyoff the west of Scotlandby i Marine Surveillance smallervessels. No legal restrictions running costs exist on the volumeof lobstersand f6.7m (132 staff) , Fishery Offices crabswhich may be caught. running costs f2.2m (97 staff)
Headquarters - running costs fl.lm (40 staff)
CapitalExpenditure f0.3m Source:Scottish FisheriesProtection Agency
Figure2 shows the allocation of resourcesbetween the main activiiies of the Agency.
11 The Protection of Scottish Fisheries
the principal Scottish fishing ports (see Figure 3). In addition the Ministry of Defence are contracted to provide around 300 days at sea per annum from vessels of the Royal Navy Fishery Protection Squadron.
Vessels Offshore Name Launchyear Tonnage(gross) Length(ff) Range (days at sea) Westra 1975 665 195 16-18 Sulisker 1980 1,250 234 21 Vigilant 1982 1,250 234 21 Noma 1987 1,250 234 21 Inshore 2 xfast patrol launch- Moidarl and Morven Each20 metreslong: maximumspeed of about24 knots Coastaland Esturine 1 x Pacific36 launch- Skua Aircraft 2 x ReimsCessna Caravan II F-406 Endurance6.3 hours basedon missionprofile of transit radiusof 250 nauticalmiles and patrol periodof 3.5 hours. Fishery Oflices located at: Aberdeen Mallaig * Arbroath Oban . . . Ayr Peterhead : Buckie Pittenweem Campbeltown Portree . 0. . Eyemouth Scrabster . Fraserburgh Stornoway . Kinlochbervie Ullapool Kirkwall Lerwick * . Lochinver
* AgencyHeadquarters (Edinburgh)
Source:Scotkh FisheriesProtection Agency
Figure3 indicatesthe principalenforcement assets of the Agencyand locationof fishery offices.
1.12 In 1994-95 the Royal Navy charged the Agency El.2 million for marine surveillance. This cost is of the same order as that which the Agency incur in operating their own vessels for the same number of days. However the Royal Navy does not pass on its full costs for this service as they include a significant capital and training overhead. This basis of charging was determined by HM Treasury on the basis
12 The Protection of Scottish Fisheries
that it is cost-effective to the Exchequer in using existing Royal Navy resources, without exposing the Agency to a greater charge for this specific service than could be procured commercially.
Headquarters 1.13 The Agency’s Headquarters is responsible for the efficient deployment of protection vessels and surveillance aircraft and acts as the central point for the collection and dissemination of sighting and boarding information (see Figure 4 overleaf). Vessels are assigned daily patrol areas according to weather patterns, seasonal fishing variations, likely illegal fishing activity, and the need for vessels and crew to return to port. Surveillance aircraft normally fly five in every seven days in assigned patrol areas.
Aerial surveillance 1.14 Aerial surveillance aims to provide intelligence on fishing activity and guide fishery protection vessels to the most appropriate patrol areas. Aerial surveillance normally has only an indirect effect on the detection of offences but the Agency believe it is a strong deterrent. It can detect vessels fishing in areas which are prohibited to them or which do not accord with their logbooks.
Marine surveillance 1.15 Fishery protection vessels aim to deter and detect breaches of regulations through observation, boarding and inspection of fishing vessels. On boarding, vessels are inspected for compliance with regulations affecting fishing gear, proper licensing to fish and correct completion of logsheets.
Sea Fisheries Inspectorate offices 1.16 The Agency’s 19 Sea Fisheries Inspectorate offices are organised into seven geographical areas. Their role is to monitor fish landings and to provide statistics to the Department on the fish weight and species caught against quotas. They reconcile catches with logbooks and landing declarations, and inspect nets. Staff also advise fishermen, issue licences and assist scientists in assessing fish stocks.
13 The Protection of Scottish Fisheries
Marine Surveillance ...-.:
Aerial Surveillance
Source:Scottish Fisheries Protection Agency
The Agency’s HeadquartersOperations Room acts as the central point for the gatheringand disseminationof informationon the activities of fishing vessels.
14 The Protection of Scottish Fisheries
Scope of the National Audit Office examination
1.17 Against this background, the National Audit Office examined:
. the extent to which the Agency’s targets have been achieved; and
. how the Agency assess the effectiveness of their fisheries protection operations and their contribution to the conservation of fish stocks.
1.18 To gain evidence on the Agency’s role and performance, the National Audit Office commissioned System Three Scotland to carry out a survey of fishing vessel skippers in October 1994. National Audit Office staff accompanied Agency staff on marine, aerial and shore based surveillance operations and visited four Sea Fisheries Inspectorate offices. They also consulted the Scottish Fishermen’s Federation and other industry representatives and procurators fiscal on various aspects of Agency performance. In order to assess the Agency’s operations, the National Audit Office visited the European Directorate-General for Fisheries (DG XIV and fishery protection services in Norway, Denmark and Northern Ireland. Also, MRAG Ltd were commissioned to provide consultancy advice on the Agency’s use of information technology and the way in which data are used to meet the Agency’s goals.
15 The Protection of Scottish Fisheries
2. Achievement of targets
2.1 The Agency’s key performance targets are included in their annual three year corporate plan which is scrutinised by the Department and approved by the Secretary of State. The plan also contains other indicators against which the Agency’s performance is subsequently assessed. Progress against targets and performance indicators is monitored at quarterly senior management meetings chaired hy the Department.
2.2 The Agency’s targets concentrate on economy and efficiency; because of the difficulty of measuring their impact on the conservation of fish stocks, the Agency have no performance targets which directly relate to effectiveness (Figure 5). They aim to focus on the efficient use of their resources, and their strategy has been to reduce the costs of their operations while delivering similar or increased levels of output. International comparisons suggest that the level of resources devoted to enforcement is already relatively high, and the Agency do not believe that significant additional enforcement resom-ces are required.
Aerial surveillance Target Percent hoursflown on task 85 Costper aircraftsighting ‘286 Marine surveillance Numberof boardingsat sea 2,800 Costper boarding f2,400 Sea Fisheries Inspectorate Offices Costper logsheetchecked f67 Enforcement and prosecutions Percent of casesfor prosecutionto be reportedwithin: 6 weeksof offencebeing detected 75 8 weeksof offencebeing detected 90 Numberof caseswhere court proceedingsare taken 75 as percentageof offencesreported to prosecuting authorities Finance Cashreleasing efficiency gains over 1994-95 2.0%
16 The Protection of Scottish Fisheries
2.3 In setting targets, the Agency assume that fishing activity remains constant from year to year. The Agency’s targets for aerial sightings or numbers of boardings are not related to the level of fishing activity. In order to assess fishing activity, the number of days at sea spent by Scottish fishing vessels can be identified retrospectively from logsheets. But the Agency have no direct access to the number of days spent in Scottish waters by foreign registered vessels. Based on surveillance information they estimate that a quarter of vessels fishing in Scottish waters at any time are foreign registered.
Performance achieved
Aerial surveillance 2.4 Aerial surveillance aims to provide intelligence on fishing activity and hence the number of sightings is a key indicator in measuring deployment efficiency. The Secretary of State has set two key performance targets for aerial surveillance:
a) the percentage of hours flown on task; and
b) the cost per fishing vessel sighting.
2.5 These targets have proved difficult to achieve but there has been a progressive tightening of targets and an improvement in performance over time (Figure 6). The Agency regard these targets as important indicators of the efficiency with which their aircraft are used, and of their deployment over areas of high fishing activity.
1991-92 1992.93 1993-94 1994-95 KeyTargets Target Oullurn TargetOutturn Target Outturn Target Outturn Percentageof 78 62 85 81 85 84 85 87 hoursflown on task Costper aircraft 137 144 95 100 95 85 90 94 sighting (f)
Performance Indicators Numberof - 12,358 - 15,713 - 18,462 - 17,421 sightings Hoursflown 1,706 - 1,982 - 2,215 - 1,907
Source:Scottish Fisheries Protection Agency
Aerialsurveillance performance has improvedagainst progressively more demanding targets.
17 The Protection of Scottish Fisheries
2.6 The delivery of two new aircraft in April 1992 enabled the Agency to reduce the time taken in flying to patrol areas and to increase the time on patrol. More use is now made of regional airports in addition to the main aircraft base at Prestwick. Aircraft are able to operate on task immediately on take-off, which has enabled progressively more demanding targets to be set for the proportion of time flown on task. The new aircraft have also proved to be more cost efficient: the operating cost of all aerial surveillance in 1994-95 was, at 21.6 million, 30 per cent lower than in 1991-92. Together with their improved radar systems the deployment of these aircraft has led to a reduction in the unit cost of sightings. The Agency consider the target of 85 per cent of hours flown on task is probably the optimum level for the aircraft in service.
2.7 Targets for aerial surveillance were missed for reasons such as the withdrawal of an aircraft in 1991-92 because of high operating costs and impending major refit; and because of maintenance problems at regional airports in 1992-93. In 1994-95 a collision with a flock of birds grounded one of the aircraft for 49 days, contributing to a decline in sightings and to the unit cost target being exceeded. Aerial surveillance is also dependent upon weather conditions which affect flying hours, fishing activity and therefore sightings.
2.8 A National Audit Office analysis of the number of aerial surveillance sightings showed a peak during the summer months, reflecting increases in fishing activity and the number of hours flown. The withdrawal of one aircraft during part of 1991-92 led to a decline in the average number of sightings per hour flown, but outturn improved in subsequent years.
Marine surveillance 2.9 In 1987 a Scottish Office Efficiency Unit scrutiny of marine surveillance recommended that the basis for the deployment of protection vessels should change from patrolling sea areas to the monitoring and boarding of fishing vessels. The Unit saw boardings as a key performance measure because they focussed management attention on the effective deployment of vessels. A greater emphasis on boardings would also contribute to the deterrence of illegal activity, and inform decisions about future levels of resources.
2.110 The Secretary of State’s targets for the Agency’s marine surveillance operation are therefore based on the number of boardings and their unit costs. The boarding of fishing vessels is dangerous in adverse weather conditions. This factor prevented the achievement of the targets in 1991-92 and in 1992-93 when lower than expected fishing activity was also a factor. The costs of marine surveillance are
18 The Protection of Scottish Fisheries
largely fixed in the short term; as a result the unit cost target was achieved only in those years where the boardings target was achieved (Figure 7). yy :, ;~,,;_:.:::::& ‘:: ::-, ~‘;,;::I~ ,,.~*1~_-~~-.~.~~.~~-,~~-,~~,r--:~~~.,~~.,~,~-~.~.,::,. FWe 7: ;,~!!a!ne sunrel~~ance,~,,. ,~ OIIltII~fl,agalflst key targetsand,pe~dorman;e lnduxtors 1991-92 1992.93 1993-94 1994-95 KeyTaroets Target OUHWII Target Ouliurn Target Oulturn rarget Outturn No.ofbaardings at sea 2,750 2,513 2,500 2,261 2,500 2,984 2,600 2,962
Costper boarding(f) * 2,263 2,392 2,600 2,862 2,889 2,289 2.600 2,247 Performance Indicators Foreignvessels boarded 36 36 36 36 (% of all boardings)
Sightingsat sea 10,138 8,025 8,629 8,481
Boardingsat seaper 1,000 248 282 346 349 sightings
Offencesdetected at sea 31 40 37 17 (prosecutionreports to HQ)per 1,000boardings
Infringements(written and oral 102 117 123 85 warnings)per 1,000boardings
Percent of measurablenets @ 84 79 80 examinedduring boardings
* From1993-4 full superannuationand other staff costs havebeen included in the Agencyrunning costs. Forcomparative purposes the 1993-94 cost per boardingexcluding these costs would be f2,OBO. @ Figurenot available
Source:Scottish Fisheries Protection Agency
2.11 A review by consultants engaged by the Agency in 1992 reaffirmed boardings as the most important means of detecting and deterring illegal fishing activity and recommended increasing the number of days spent at sea as a way of improving cost effectiveness. The Agency adopted the consultants’ recommendations for revised crew manning levels, leave arrangements and reduced vessel turn-round times. These changes achieved an extra 123 days at sea in 1993-94 at no extra cost. These extra patrol days were equivalent to output gains of some E0.7 million. An additional 26 days at sea were achieved in 1994-95.
2.12 Aided by good weather, the extra days at sea resulted in boardings in 1993-94 and 1994-95 which were significantly in excess of targets. The Agency consider that the level of boardings in the past
19 The Protection of Scottish Fisheries
two years may not be repeatable. They recommended that the 1995-96 target should be the same as in 1994-95, some 12 per cent below the 1994-95 outturn. The Department, however, considered that more demanding targets could be set without affecting the qoality of boardings and without risking the safety of boarding parties in adverse weather conditions. Accordingly they set the 1995-96 boarding target at 2,800.
2.13 The Agency do not set performance targets for individual fishery protection vessels partly because they do not wish to encourage boardings in adverse weather conditions in an effort to achieve targets, and partly because the performance of an individual vessel depends on its tasking and the fishing activity in its area of operation. A National Audit OffIce analysis of boardings found there was little difference between individual offshore fishery protection vessels. Inshore fishery protection vessels board far fewer fishing boats each day (Figure 8), reflecting their need to return to port each ni.ght.
.’ ~, :, l$ibre.fishdry,,., Off@ore ,~ “~Royal N&y protection fishery Fishery v&eels protection Protection WSS& Squadron No. of boardings: Under10 metresfishing boats 273 57 17 IO-14 metresfishing boats 521 312 63 15-19 metresfishing boats 505 1,345 464 20 metresand overfishing boats 179 5,698 1,285 Total boardings 1,478 7,403 1,829 boardingsper day on patrol 0.62 1.82 1.46
Source:Scottish Fisheries Protection Agency
Largerfishing vesselsaie predoininantlyboarded by offshorefishery protectionvessels whilst inshorevessels concentrate on smallerfishing boats.
2.14 Fishermen’s representatives informed the National Audit Office that they distrusted boardings as a measure of the Agency’s performance as they believed that it encouraged protection vessels to board smaller vessels operating inshore where sea conditions are calmer.
2.15 A National Audit Office analysis of boarding patterns did not support this contention: offshore protection vessels concentrated on larger fishing vessels. It was only as offshore protection vessels were entering or leaving port that smaller inshore fishing boats were boarded. The smaller inshore protection vessels usually boarded larger fishing vessels as they were in transit to or from deep water
20 The Protection of Scottish Fisheries
fishing grounds. Agency vessels board larger vessels relatively frequently because illegal fishing by such boats has a greater impact on fish conservation (Figure 9). Agency records indicated that only seven fishing vessels had been boarded on average more than four times a year since 1991-92, suggesting that the Agency do not focus on individual vessels.
Inshorefishery protectionvessels concentrate on boardingsmaller fishing vessels
Vesselsize Fishing fleet * Boardings Number % Number % UnderIO metres 1,664 58 347 5 1O-1 4 metres 386 13 891 13 15-19 metres 386 13 2,261 32 20 metresand over 459 16 3,456 50 Total 2,895 100 6,957 100
* at December1993
Source:Scottish fisheries ProtectionAgency
A relativelylarge number of biggerfishing boatsare boardedby fishely protectionvessels,
2.16 It is not possible to determine precisely the amount of fish caught in waters patrolled by the Agency because the areas used for scientific assessment and quota management do not coincide with national fishing zones. The total catch of major quota species in the North Sea and waters to the west of Scotland totalled some one million tonnes in 1994. The Agency estimate that about 600,000 to 700.000 tonnes of this total catch were taken from Scottish waters.
21 The Protection of Scottish Fisheries
Approximately 30 per cent of the total catch was taken by foreign vessels, most of which was landed in foreign ports. Foreign vessels landed 41,000 tonnes of fish into Scottish ports in 1994. The Agency consider boarding foreign vessels at sea a high priority as these vessels do not normally put into Scottish ports (Figure 7 on page 19).
The Agencyconsider that boardingforeign vessels a it seais a high priority
2.17 Since 1992-93 the Agency have sought to focus more on the quality of their inspections during boardings. They measure this informally on the basis of the time spent on each boarding, the number of nets measured and infringements detected per 1,000 boardings (Figure 7 on page 19).
2.18 The Royal Navy’s fishery protection vessels are similar in size to the Agency’s smallest offshore protection vessel. They carry a larger crew than the Agency’s vessels and the Ministry of Defence regard fishery protection as valuable training for junior officers. The additional days at sea which the Agency have been able to achieve from their own vessels is allowing them to reduce their use of the Royal Navy (Figure 10). :-~-c:,,. ~I:~:,:. ;..,,:-:,~~~ .:.: i Fi$ 10:Ut~l’isat!~gn:of;fiShery,protecfton,vessels-,~~;i~::,~~~~‘~i;~~~~~~~~~~~~~~~~~~~~~~~~9~~~~~
Numberofpatroldays 1991-92 1992-93 1993-94 1994-95 1995-96 planned Inshoreprotection vessels 564 608 635 594 620 Offshoreprotection vessels 929 959 1,082 1,108 1,132 RoyalNavy protection vessels 321 327 300 302 250 Total 1,814 1,894 2,017 2,QO4 2,002
Source:Scottish Fisheries Protection Agency
22 The Protection of Scottish Fisheries
Sea Fisheries Inspectorate offices 2.19 For 1991-92, the Secretary of State set a unit cost target based on the cost of fishery offices in relation to the value of fish landed. As this target was heavily dependent on market prices, it was changed from 1992-93 to the unit cost of vessels’ logbooks checked. The Agency regard this latter target as providing a reasonable basis for assessing the efficiency of fishery offices, although it does not measure the need for enforcement effort since this depends on the level of illegal activity.
2.20 The Agency missed the cost per logbook checked target in 1992-93 because of the cost of increased overtime and additional staff. Unit cost targets were increased to allow for increased workloads and enforcement demands and the targets for 1993-94 and 1994-95 were achieved (Figure 11). The performance of Fisheries
~~~~~--‘-;-~~~.;;;:.~~:~:-‘.~-I-_: ,~.‘.~-:‘:--;r~~.:_7:.:: .: : :~ i.. ~~,~~~~~~~.~-~.~.-.~- -_~: FlgUW+Sea FIsheMs lnpeclorate offIces oeturn agamst key targets and performance rndmatora 1991-92 1992-93 1993-94 1994-95 Kay Targets Target Outturn Target Outturn Target Outturn Target Outturn Costper fl M of fish landed(2) 4,636 5,302 Costper log sheetcheck(f) * 41 49 66 58 63 58 PerformanceIndicators Numberof logbookinspections 40,704 37,317 37,629 37,099 Numberof net inspections 4,145 3,696 3,423 3,191 Numberof catchinspections
l Whitefish 35,109 30,509 30,662 30,910 % of catchescheck weighed 11 13 11 15 % of catchesgrade checked 8 11 12 11 l Pelagic 2,336 2,539 2,557 2,373 % of catchesmonitored 18 13 14 14 l Shellfish 22,777 26,131 20,877 24,491 . Industrial 34 24 42 69 Offencesdetected 162 163 122 95 (prosecutionreports to HO) Infringementsdetected 1,441 1,904 1,504 1,501 (written and oral warnings) Infringementsdetected per 35 51 40 40 1,000logbook inspections
* From1993-94 these figures includesuperannuation
Source:Scottish Fisheries Protection Agency
The Agencyachieved theirtargets forfishety officesin both 1993-94and 1994-95,but there has beensome decline in outturn against performanceindicators, mainly as a result of changesin activity in the industry.
23 The Protection of Scottish Fisheries
Inspectorate offices could be measured more clearly if the number of logsheets physically verified against catches were expressed as a proportion of the number submitted by fishermen.
2.21 Since 1991-92, outturn in terms of performance indicators has declined despite increased staff numbers. The Agency attribute this to the increased resources required for deterring illegal landings and for ensuring that catches are recorded correctly. This has left less time to devote to tasks covered by the performance indicators.
2.22 The Agency consider it difficult to make quantitative comparisons of performance between the Sea Fisheries Inspectorate’s seven geographical areas because of their different characteristics and variations within the fishing industry. In aid of the Agency’s objective to increase the level of responsibility delegated to the seven geographical areas, draft Area Operating Plans were issued to Area managers in July 1994. These plans are intended to enable Areas to formulate their own local objectives, targets and performance indicators within the Agency’s overall objectives, priorities and key targets. Area performance against the Operating Plans will be reported quarterly to the Agency’s senior management. Area Operating Plans were introduced in 1995-96.
2.23 The performance indicators for Sea Fisheries Inspectorate offices concentrate on the Agency’s inspection and enforcement role. Other Agency activities such as the provision of advice to fishermen and the issuing of licences are not subject to performance measures.
Enforcements and prosecutions 2.24 The Secretary of State’s targets covering reports for potential prosecution relate to:
a) the time between the cautioning,of an alleged offender by fishery officers or marine officers and the submission of the report to the procurator fiscal; and
b) the proportion of cases suhmitted to fiscals which are subsequently prosecuted in court.
Targets for the nmnber.of offences detected are not set for the Agency, though they predict them to inform resource planning.
2.25 The Agency consider that targets for the time taken to submit reports to fiscals measure their own administrative efficiency and the extent to which they have focussed attention on the management of the casework process. Target times have proved hard to meet
24 The Protection of Scottish Fisheries
(Figure 12) and have been eased. Since 1992-93 the target has been measured from the date of the alleged offender’s caution rather than the date when the alleged offence was committed.
I:;yL;I. ,; .,; : ,, ‘?, ,~ ~~ ~1~.~,------~~~:-----;--~~~~~~~-~~~~~~~~~~~.~~;~~ ..~:l~ ~:: ~:~. ,~~, ~,._. ,; :: .~. ;~,,:~~ .~ :-::-- FI@u~ 12. Secretary of States key targets for prosecutmn casework 1991.92 1992-93 1993-94 1994-95 KeyTargets Target OUthUll Target Outturn Target Outturn Target Outturn Offencereports reported to procuratorsfiscal: within 4 weeksof offence(%) 50 ,7 ______within 6 weeksof offence(%) 90 28 50 48 50 61 50 82 within 8 weeksof offence(%) 90 66 90 86 90 94 Numberof caseswhere court proceedingsare takenas percentageof offencesreported for 75 64 75 59 75 77 75 81 prosecution
Souse: ScottishFisheries Protection A@-ncy
Targetsfor prosecutioncasework have proved hard to meet,but performancehas improvedsteadily.
2.26 Performance has improved steadily and, aided by a decline in casework and improved procedures, both targets were exceeded for the first time in 1994-95. The Agency considered that some increase in the target for the proportion of reports submitted to fiscals within six weeks was acceptable. The Department agreed and set the target at 75 per cent for 1995-96. The Agency can influence only the time taken to forward their report to the fiscal. They cannot directly influence the time taken by fiscals in preparing a case for court or the time taken by a court to deal with the case.
2.27 The target for the number of cases resulting in court proceedings as a proportion of those submitted to procurators fiscal was met in 1993-94 and 1994-95. The Agency can influence, but not control, outturn against this target through the quality of evidence they provide. Fiscals may still consider that alternatives to prosecution would he in the public interest, even if sufficient evidence is available to prosecute. The Agency nevertheless regard the rate of court proceedings as a key factor in enforcement effectiveness. They attribute improved performance in this area to enhanced training, written guidance to staff and improved liaison with the Crown Office and procurators fiscal.
25 The Protection of Scottish Fisheries
Finance 2.28 The Agency have been successful in meeting the Secretary of State’s targets for making cash-releasing efficiency gains (Figure 13). The introduction of more cost efficient aircraft in 1992-93 and the enhanced use of fishery protection vessels from 1993-94 have contributed to the achievement of these targets.
1991-92 1992-93 1993-94 1994-95 KeyTarget Target Outturn Target Outturn Target Outturn Target Outturn Cashreleasing 1.5 1.5 6.0 6.0 1.5 2.0 2.0 2.2 efficiencygains (% of expenditure)
Source:Scottish Fisheries Protection Agency
The Agencyhave been successful in achievingtheir targetsfor cash releasingefficiency gains
26 The Protection of Scottish Fisheries
3. The Agency’s assessment of their effectiveness in contributing towards the protection of fisheries
3.1 Scottish waters contain some of the richest fishhrg grounds in Europe. The importance of fishing to Scotland, coupled with widespread overcapacity in European fishing fleets, the apparent decline in fish stocks, and the existence of illegal fishing activity reinforce the need for effective fisheries protection. The National Audit Office therefore examined how the Agency assess their effectiveness, the steps they are taking to enhance their operations and the external constraints which affect their ability to enforce fisheries regulations.
European Common Fisheries Policy
3.2 The European Common Fisheries Policy is, for economic reasons, intended to manage and conserve fishery resources in Community waters. Conservation measures are subject to rules adopted at Community level. The Agency’s role is to enforce these rules, together with United Kingdom law and regulations.
3.3 The main instrument of the Common Fisheries Policy is the application of total allowable catches. These are set by the Community following scientific advice and are shared between Memher States primarily on the basis of historic catch patterns. In allocating Memher States’ share of total allowable catches, some allowance is made for the needs of regions especially dependent upon fishing and for fishing opportunities lost in more distant waters by the adoption of 200 mile national fishing zones.
27 The Protection of Scottish Fisheries
3.4 The establishment of national quotas, and their enforcement, is intended to ensure that fishing does not threaten the sustainability of fish stocks. Other regulations covering the size of fish nets and use of fishing gear are primarily intended to prevent the catching and retention of young and undersized fish.
Scientific assessment of fish stocks
3.5 The European Community is advised on total allowable catches by the International Council for the Exploration of the Sea. Its Advisory Committee for Fisheries Management consists of 38 scientists drawn from the major European fishing countries, the United States and Canada, and meets twice yearly to draw together the work of several Fish Stock Working Groups. European Community fisheries protection bodies collect information on actual levels of catches and transmit it to the European Commission’s Directorate General for Fisheries. In Scotland that information is collected by the Agency on behalf of the Scottish Office. But the latter are responsible for reconciling the catches of Scottish vessels with agreed quotas and for forwarding details to the European Commission.
3.6 Scientific data indicates that spawning stock levels of demersal fish’ species in the North Sea and Atlantic are reaching low levels. Consequently, between 1988 and 1994, the European Community progressively imposed reductions in the maximum quantities which could be landed for the main whitefish stocks. As a result there has been a 23 per cent reduction in the total allowable catches of the main demersal species subject to quotas in the North Sea and waters to the west of Scotland (Figure 14 opposite). United Kingdom quotas for several major species are now subject to substantial annual fluctuation, and some were much reduced in the years up to 1994. For example, annual cod quotas have been reduced by 30,000 tonnes (38 per cent) and haddock by 52,000 tonnes (33 per cent). During this period the reported annual weight of fish landed in Scotland fell from 580,000 to 500,000 tonnes (Figure 15 opposite).
28 The Protection of Scottish Fisheries
thousand tonnes 1,000
600 ’ 1988 1989 1990 1991 1992 1993 19 1
Source:European Commission
Since 1988, total allowable catchesfor the main whitefish stocks in the North Seaand waters to the west of Scotland have declined by 23 per cent.
i:.:~~~, ,~~::-~‘- ;“- ,7. ,‘~-;~~~~~~~,~,: :, .:,,,:l:l:__::~~ ;_ ~.y i; i, ::, :~ ~. .~ ..:~,:.; 3’: “;~ ,;, ~;, j ,I~~:q i:-:fig~r~~~~,5:~0lfi~ial:fiSh~ l~~din~s~in(S~otl~nd~Qfl~;~~~Q4~:,i;:~~':~:~. :,iy,;;, ;: ',~;:!,I',? .~..,~_ :=~.~:.:.J~'~~~..1~;~~,.~.:.~~.~:~.'~-:.-~~~.~~:, ,, ,.,~.';_ ~. thousand tonnes __
400
300 ------.__ - - - - - _ ---- _------_ 200 ------_--______------
100 _...... _.._...... I 1988 1989 1990 1991 1992 1993 1994
- all species pelagic - - demersal shellfish
Source:Scottish OfficeAgriculture, Environmentand fisheries Deparfment
The weight of fish landedin Scotland has fallen from 580,000tonnes to 500,000tonnes per annum since 1988.
29 The Protection of Scottish Fisheries
3.7 The assessment of fish stocks is not an exact science and must allow for a degree of uncertainty. The accuracy, however, of scientific data on fish stocks is adversely affected by incomplete information on the amount of fish caught. This is mainly because of illegal landings of fish which go unrecorded and the discarding of fish at sea. European legislation prohibits the retention of under-sized and over-quota fish caught. Consequently, fishing vessels usually discard these fish (which are not likely to survive). Scientists, from the Scottish Ofice Agriculture, Environment and Fisheries Department Marine Research Laboratory, occasionally travel with the fishing fleets in an attempt to estimate the amount of fish discarded - but only in return for a guarantee that their findings on individual fishing vessels are not passed on. There is no requirement for United Kingdom or other European Community vessels to record the discards they make at sea.
3.8 Scientists working for the Advisory Committee for Fisheries Management attempt to estimate the extent by which official statistics on fish catches are distorted by undeclared illegal landings, discards at sea and the misreporting of catch locations. But their assessments of total fish stocks continue to be hampered by poor quality data. In 1993 the Advisory Committee concluded that it was unable to quantify the level of misreporting for certain stocks in waters off the west of Scotland. They warned that the continuation of this difficulty would threaten their ability to provide reliable estimates of cm-rent and future stocks in order to recommend total allowable catches (Figure 16).
I: ., ,:: ::;:--.~‘1--,-‘,::,. /:i ~:,:-~:t: c;,,<_:., -‘,(~,;::~.:‘~’ _‘:~,,I’, ,,~: ,: ,.‘.~ i~?.~.’ ~:,‘~,.: :;,:..~ -,- :. ‘~I,- :~:‘: ;t,;bi,: :Figure’W:Ad~is~~,~@i$i~~ o?,fishery,Managemeni ~, esti3atesarunrecord~d:~:~l landings and discarded fish’in waters fished by Wo@ati C&nuniif vessels 1988 1989 1990 1991 1992 1993
weight in ‘000 tonnes unrecordedlandings 28 33 192 94 123 30 discardedfish 71 40 100 102 94 143 unrecorded/discarded* 54 32 9 49 36 16 Total 153 105 301 245 253 139
* no separatefigures for unrecordedlandings and discardedfish given
Source:ICES Co-operative Research Report No. 210: Reportsof the lCESAdvisory Committeeon fishery Management1994
Wherepossible, scientists estimate the volumeof fish not declaredagainst quotas and the volumeof discards.
30 The Protection of Scottish Fisheries
Assessing the Agency’s effectiveness
3.9 Assessing the Agency’s contribution to fishery conservation is very difficult. This is because it is not possible to measure the total number of breaches of regulations which are committed since it is likely that many remain undetected. The Agency’s deterrent effect and their success in preventing illegal activity are therefore difficult to assess with any certainty.
Undeclared landings of fish and the misreporting of catches
3.10 Some fishermen may set out to commit an offence by catching more than their permitted quota of fish or by using illegal nets. Others will, by chance, catch in their nets fish of a size or volume which they are not permitted to land or for which they are not licensed. The probability of being detected and successfully prosecuted will have a considerable bearing on whether fishermen seek to make a profit from the sale of such fish.
3.11 There is no consensus about the level of landings in Scottish ports which are undeclared against quotas or which involve the misreporting of the location of the catch. Member states are not required to estimate the volume of illegal landings made. The Agency consider that estimates of illegal landings need to be treated with caution. This is because of the nature of the activity and the, necessarily, subjective judgements made about its extent. Further, the scale of illegal activity will vary depending on the level of quota and available catch opportunities.
3.12 Most of the fishing quota allocated to Scottish fishermen is shared between Producer Organisations (associations of fishing vessels which target particular fish types or which share the same home ports) who then divide the quotas between their members. The detection by the Agency of a fishing vessel which has caught more than the quota of fish allocated to it by its Producer Organisation does not necessarily constitute an offence. An offence only occurs when the Producer Organisation as a whole exceeds its annual quota. The Scottish Office Agriculture, Environment and Fisheries Department is responsible for monitoring the uptake of Producer Organisations’ quotas.
31 The Protection of Scottish Fisheries
Deterrence and the probability of offences being detected
Marine and aerial surveillance 3.13 The Agency board vessels at sea in order to check for compliance with catch and gear regulations. In 1994-95 the Agency made 1,900 boardings of Scottish vessels at sea. This represents a probability of just over one per cent of any vessel being boarded on any particular day (Figure 17). The addition of further patrol vessels would make only a small difference to this probability. A substantial increase in the Agency’s marine resources would be necessary to increase significantly the probability of inspection at sea. Agency records indicate that in the last two years 38 per cent of Scottish fishing vessels were boarded on at least one occasion. As figures 8 and 9 on pages 20 and 21 show, however, the Agency’s boardings are concentrated on vessels over 10 metres which account for 95 per cent by weight of Scottish landings. The total number of boardings over the three years 1991-92 to 1994-95 at 6,610 were equivalent to five boardings per vessel over 10 meters over that period.
Scottishfishing vesselsdays at seain 1994-95- 170,000
Number of fishery Total boardings Probability of protection vessels of Scottish Scottish fishing fishing vessels vessel being boarded on a typical fishing w Inshorefishery protection 3 450 0.26% vessels Offshorefishery protection 4 1,168 0.89% ves?.& RoyalNavy fishery protection 1* 304 0.18% vessels TOTAL 8 1,922 1.13%
* RoyalNavy fishety protectionvessels devoted 300 daysto fishery p?otectionin Scottish watersin 1994-95.This is roughlythe equivalentof onefull-time vessel.
Source: AMone/ Audit Office.
32 The Protection of Scottish Fisheries
3.14 The Agency make use of aerial surveillance to locate areas of fishing activity and to help direct the movement of patrol vessels. The probability of a fishing vessel being sighted from the air is about 10 per cent on a single day.
On-shore inspection of catch landings 3.15 The Agency attach great importance to the monitoring of landings and to taking action against misreported and clandestine landings, as these have a direct impact on fisheries conservation. Since September 1993 additional resources have been provided for this shore based work, including the use of mobile units to reinforce routine patrols of fishing ports at night.
Monitoringof fish landingsat Peterhead
3.16 The Agency believe that these mobile units have led to the improved reporting of catches through the flexible use of information on fishing activity gathered through their surveillance activities and through the element of surprise. Their deterrent effect is limited, however, because of the large number of ports and landing points available and because modern telecommunications allow watchers on-shore to communicate the presence of fishery officers to vessels at sea. The Agency nevertheless plan to continue these operations in response to persistent illegal landings. Fisheries inspectors have powers to examine the financial records of fishermen, agents and buyers; and to enter the premises of agents and buyers. These powers are used as necessary to check that catches are recorded accurately.
33 The Protection of Scottish Fisheries
Use of information technology
3.17 In July 1992 the Scottish Office Information Systems Steering Group endorsed the Department’s Fisheries Group Information Systems Strategy for the development of: a vessels/Iandings database; a quota management system; a prosecutions progress system; and systems providing performance monitoring and office support. The National Audit Office engaged MRAG Ltd to review the current information systems and the new system being implemented. Their findings are summarised in Appendix 3.
3.18 The existing quota management and licensing system has developed over a number of years. Computer facilities are provided by the Scottish Office mainframe computer and supported by local micro computers. The mainframe is also used by the Agency to store intelligence and surveillance data provided by aircraft and fisheries protection vessels; to produce and despatch vessel licences and variations; and to capture logbook and sales note data for local checking and central analysis.
3.19 But the systems do not integrate information collected from surveillance activities with information from fishing vessels’ logbooks. At present an assessment of the Agency’s operational performance, including the incidence of the sighting and boarding of different types of vessels in relation to the pattern of catches and landings, cannot readily be made.
3.20 The detection of illegal activities, by comparing sighting information with logbook declarations, is currently handled through a system of manual checks. Information on sightings of aJl vessels is sent to local officers, who check it against an individual vessel’s logbook. This enables the Agency to verify if the skipper of the vessel sighted in a particular area on a particular day hasrecorded suchactivity in the logbook.
3.21 The need for a new computer system has arisen not only because of the inadequacies of the existing system but because the Scottish Office’s mainframe computer will be phased out in April 1997. The new system is intended to meet new European Community reporting requirements which came into force on 1 January 1995. Consultants drew up a specification for a new system to provide a comprehensive range of services for the future. The new computer system, including completion of the necessary software, was substantially completed by September 1995.
34 The Protection of Scottish Fisheries
3.22 The new information system will allow better assessment of the Agency’s performance through comparison of fishing activity with patterns of boardings and sightings and will enable readier comparison of sighting information with fishing vessels’ logbooks. The new system should also enhance the scope for improved detection of offences and more effective deployment of resources by enabling the Agency to identify those fishing vessels which appear to be involved in illegal activity. The Agency will examine how best to use this information when the new system is working but they wish to avoid targeting of individual vessels for enforcement purposes unless it is clearly justified.
Improving prosecution of offences
3.23 Where possible, the Agency seek to prevent breaches of regulations through deterrence and through the provision of advice on the interpretation of regulations. But they recognise that successful prosecutions can be a deterrent to others. The Agency have therefore sought to improve the success rate of prosecution cases.
3.24 Between March 1992 and March 1994 the Agency ran a series of training courses and seminars for their staff covering, inter alia, the powers of Agency staff to caution alleged offenders and submit reports to procurators fiscal, the function of the procurator fiscal, the questioning of alleged offenders, and the presentation of evidence in court. All relevant Agency staff have attended these courses and participants have responded favourably to them. Written guidance on evidence and court procedures was issued to Agency staff in April 1993.
3.25 A higher proportion of cases reported to procurators fiscal now result in court proceedings and the number of prosecutions resulting in guilty findings doubled between 1991-92 and 1993-94 (Figure 18 overleafl. The Agency attribute this to their increased emphasis on enforcement training leading to improved procedures for collecting and presenting evidence. Steps have also been taken to improve liaison with the Crown Office and individual procurators fiscal. In 1994-95 the number of offences detected fell and there was a consequent decline in prosecutions. The Agency consider the reduction in offences detected is evidence of their increased deterrence effect.
3.26 The National Audit Office consulted the procurators fiscal at Banff and Stornoway who had handled some 65 per cent of the total reports forwarded by the Agency since 1991. Both iiscals considered that the standard of case preparation and investigation by the
35 The Protection of Scottish Fisheries
Figure 18:ihe oulco~%of offence repotis~fkwarded~lti procurators fiscal j ,’
Number of reports 200 reports passedto fiscals 4 150
100
50
OL 1994-95 Source:Scottish FisheriesProtection Agency Between1991-92 and 1993-94the numberof court proceedingshas increasedand guilty verdicts have doubled.The Agencyattribute the decline in offencesdetected in 1994-95to their increaseddeterrent effect. Agency had improved. Better quality reports are now produced which the ilscals regarded as being as good as any received from other agencies reporting alleged offences.
Penalties
3.27 The European Commission consider that the effective enforcement of fisheries regulations can be achieved only if sanctions are sufficient to deter illegal activity. If penalties are too low, the Commission consider that more resources need to be provided for enforcement to deter illegal fishing activity or to enhance the probability of it being detected.
3.28 Apart from legal action against offenders, the Agency have powers to issue written or oral warnings. Written warnings are issued where there is insufficient evidence to proceed or where the offence is not sufficiently serious to merit prosecution. The Agency may, however, use them as supporting evidence in subsequent prosecution cases. In the four years to March 19955,457 warnings were issued (4,875 by fishery offices, 582 by patrol vessels). A National Audit Office analysis of 950 written warnings issued by fishery offices in 1993 indicated that 60 per cent were for misrecording on logsheets and failure to submit logbooks on time.
36 The Protection of Scottish Fisheries
3.29 In the four years to 31 March 1995, the Agency reviewed some 890 reports of alleged offences, of which 580 were sent to procurators fiscal for consideration of prosecution. The most common information reported by fishery offices concerned inaccurate completion of logbooks and licence infringements. The most common information reported by fishery protection vessels concerned the use of illegal fishing gear (Figure 19).
Figure19:.Major offence reports by reporting’kke 1991-92’h1994-95
Fisheryoffices Reportsprepared Fisheryoffices Reportspassed to fiscal
AgencyFPVs Reportsprepared AgencyFPv’s Reportspassed to fiscal
RoyalNavy FPv’s Reportsprepared RoyalNavy FPv’s Reportspassed to fiscal I 1 1 I 0 100 200 300 400 500 Number of reports
logbook infringemen& undersizefish licence infringements E q
q illegal gear 0 other offences
Source:Scottish FisheriesProtection Agency
The nature of offencesreported differs accordingto reporting source 3.30 Penalties for fisheries offences range from monetary fines to the seizure of fishing gear and/or catch. Legal sanctions are a matter for the judiciary. Maximum penalties are comparable with those in other European countries. Such issues are beyond the scope of the Agency to decide but are likely to have an impact on the effectiveness of their activities.
37 The Protection of Scottish Fisheries
Other measures to aid fish conservation
3.31 The European Commission recognise the overcapacity within the fishing industry and its detrimental effect on fish stocks. The United Kingdom has been set a target of reducing fishing effort by 19 per cent between 1992 and 1996. In February 1992 Ministers announced a package of measures to achieve this target:
a) a three year vessel decommissioning scheme with a budget limited to f25 million (increased to 553 million in January 19951, to be administered by the Ministry of Agriculture, Fisheries and Food;
b) restrictions on the number of days fishing vessels can spend at sea (suspended following referral of this issue to the European Court of Justice in December 1993):
c) extension of licensing to vessels of 10 metres in length and less; and
d) penalties on the transfer of licences to different boats and on the aggregation of a number of licences to cover a single larger boat.
Views of fishermen
3.32 The National Audit Office commissioned System Three Scotland to undertake a survey of Scottish fishermen, the frst of its kind (Appendix 4). Four hundred fishing vessel skippers were surveyed to establish the extent of their awareness and understanding of the role of the Agency; to determine the amount and frequency of contact between the Agency and fishermen; and to assess the views of fishermen on the Agency’s effectiveness and scope for improvements. A response rate of 34 per cent (136 questionnaires returned) was achieved.
3.33 The survey indicated a widespread awareness of the aims, objectives and practices of the Agency, although most fishermen saw the Agency’s key role as being to protect United Kingdom fishing vessels. Sixty per cent of respondents described the Agency as ‘very’ or ‘quite’ efficient in detecting breaches of fisheries regulations. Nearly all thought that effectiveness could be improved if the Agency took more action against foreign fishing vessels and illegally landed fish appearing at market.
38 The Protection of Scottish Fisheries
3.34 Fishermen expressed a wide range of views as to how the Agency could reduce illegal landings. Most suggested extra resources or increased activity in port. Harsher penalties on offenders, including the withdrawal of fishing licenses, were also proposed. Opinion on the deterrent effect of the Agency’s shore based mobile patrols was mixed.
3.35 Fishermen considered that Agency staff were knowledgeable in the interpretation of regulations and fair in their enforcement. The quality of advice provided to fishermen at port fishery offices was considered to be of a good standard.
3.36 The Scottish Fishermen’s Federation told the National Audit Office that illegal landings may be expected to occur in areas where quotas were low but where fish were still being caught in large numbers. There was scope for better liaison between the Agency and fishermen’s representatives so that the implementation of new regulations had the support of the industry. The Fcdcration considered any strain in the relationship between the Agency and fishermen was chiefly due to the quota system which encouraged the discarding of dead fish when quotas were exhausted.
39 The Protection of Scottish Fisheries
Appendix 1
Principal fisheries conservation measures applied in the United Kingdom
An objective of the European Community Common Fisheries Policy is to conserve fish stocks in order to ensure the sustainability of the fishing industry. The chief measures used to achieve this objective are:
(i) Total allowable catches and quotas The European Community’s principal mechanism for conservation is an annual limit on catches. Every year, the European Community Council of Ministers agrees on catch levels for all fish species of economic significance in Community waters. Decisions on Total Allowable Catches are based on scientific advice prepared by the International Council for the Exploration of the Seas. This international body pools the knowledge, data and expertise of North East Atlantic countries and its main fishery body, the Advisory Committee on Fisheries Management meets twice a year to draw together the work of numerous working groups meeting through the year.
Total Allowable Catches are subdivided between member states by sea area primarily on the basis of historical track records. Under the system of relative stability, member states share of each Total Allowable Catch is the same proportion each year.
The Community obtains opportunities to fish outside waters under the jurisdiction of member states through reciprocal agreements, mainly with Norway, and the Faroes.
The management of United Kingdom quotas is the responsibility of the Ministry of Agriculture, Fisheries and Food in England and Wales, The Scottish Office Agriculture, Environment and Fisheries Department in Scotland and the Department of Agriculture in Northern Ireland. Quotas are divided amongst fishermen on the basis of catches in the previous two to three years using two separate systems:
40 The Protection of Scottish Fisheries
a) around half of the United Kingdom fishing fleet are members of Producer Organisations. These organisations are awarded annual quotas for each fish species and are responsible for allocating their quota between member fishing vessels and for managing uptake; b) fishermen who are not members of Producer Organisations are given monthly quotas by the relevant fisheries department.
On the basis of catch information submitted by Producer Organisations and individual fishermen, departments monitor uptake against quotas and issue licence variations forbidding fishing for particular species when individual Producer Organisations or non-PO vessels exceed their quota; and close fishing grounds when total quotas have been exhausted.
(ii) Technical conservation . minimum mesh size. The European Community sets minimum mesh sizes to be used in different areas and for different fisheries. Mesh size can be affected by a number of factors eg gear design, towing speed, twine thickness; large mesh sizes allow juvenile cod to escape but can also allow smaller adult species such as haddock and whiting to escape.
. minimum landing size. Some 40 species have minimum landing size restrictions placed on them. It is often very difficult to prevent the catching of a proportion of undersize fish without making the mesh size so large that a significant proportion of larger fish escape. Undersize fish should be discarded but are often done so dead.
. square mesh net. Square mesh netting keeps its shape better, allowing the meshes to stay more open than traditional diamond meshes which close up when pulling any weight. Square mesh panels in netting are used to assist the escape of small non-target species.
. restricted or closed areas. Fishing is prohibited in certain areas and at certain times of the year to protect juvenile and spawning fish. Restrictions are also placed on the type of gear which may be used for the same reasons, eg beam trawlers with beams greater than 10 metres in length are banned from fishing within 12 miles of the coast.
41 The Protection of Scottish Fisheries
(iii) Effort limitation Effort control is exercised by the European Community through multi-annual guidance programmes for adjusting the size of the fishing fleet in each member state. The United Kingdom target is to reduce fishing effort by 19 per cent between 1992 and 1996. Separate targets exist for different methods of fishing depending on where pressures on target species are at their greatest. The European Community stipulates that 55 per cent of the objective must be achieved by means of reductions in capacity. The remainder of the target could be taken as cuts in capacity or fishing effort. The United Kingdom government has responded to the targets by:
l introducing a fishing vessel decommissioning scheme financed by the Ministry of Agriculture Fisheries and Food with a budget limited to f53 million to 1997-98. The scheme is voluntary and vessel owners may submit bids for the amount of grant for which they are willing to scrap their vessel. It is expected that slightly more than a half of the target to reduce fishing effort will be achieved through decommissioning.
. imposing restrictions on the number of days vessels can spend at sea. An effort limitation scheme was operated in 1991-92 requiring fishing vessels which target mainly cod to spend eight consecutive days in port each month or use more selective, larger mesh fishing gear. In 1992-93 the scheme required vessels to tie up for 135 days between February and December or choose the gear option alternative. The Sea Fish (Conservation) Act 1992 provided powers to restrict days at sea for all vessels over 10 metres in length. In December 1993 implementation of the Days at Sea scheme was suspended following its referral to the European Court of Justice.
l introducing changes to vessel licensing arrangements. Fishing vessel licences stipulate where and what species of fish may be caught and the fishing capacity of the vessel. Licences may be transferred to new or different vessels or aggregated to cover a single larger boat. A 20 per cent reduction in capacity is levied in cases of licence aggregation to offset likely efficiency gains. In May 1993 licensing was extended to vessels under 10 metres in length to ensure this sector of the fleet does not expand.
42 The Protection of Scottish Fisheries
(iv) Control systems Member states are required to establish control systems to monitor and inspect the fishing activity of vessels operating within 200 mile limits and to monitor catches against vessel logbooks. Member states are left to develop their own control systems but are subject to inspection by the European Fisheries Inspectorate who last published their fmdings in 1992.
43 The Protection of Scottish Fisheries
Appendix 2
The organisation of fisheries inspection services in European waters
Belgium The Ministry of Agricultureis responsible The BelgianNavy utilises two tugs and a No resourcesare dedicatedto airborne for the applicationof Communitycontrol mine-sweeperall built in 1950forfisheries surveillanceof fisheriesbut military arrangements,Surveillance and inspection inspection.Two MaritimePolice launches aircraftmay provideinformation on of fishing vesselsin Belgianwaters is the operatewithin the three mile limit. requestduring the courseof their other responsibilityof its seafishery directorate Fisheriesinspection by navaland police duties. and of the BelgianNavy and Maritime vesselsis secondaryto their main duties. Police. In 1990these vessels spent 48 daysat sea on fisheriesinspection. Germany Responsibilityfor the applicationof The FederalGovernment utilises four Fisheriesdepartments may request Communitycontrol arrangementsfalls to inspectionvessels each of approximately airbornesighting informationfrom routine the FederalMinistry of Agriculturein 1,500tones for offshorework. Coastal flights madeby environmentalagencies. co-operationwith the authoritiesof four inspectionis providedby sevenpatrol Lander.The Landeremploy 47 fishery launchesof the Lander.A total of 1,065 inspectorsstationed in ports. daysat seawere spent by thesevessels in 1990. Spain Underthe Ministly of Agriculture, Fisheriessurveillance and control at seais Airbornesurveillance is not routinely Fisheriesand Foodthe Secretariat-Generalthe responsibilityof the SpanishNavy. conductedbut, exceptionally, for Fisheriesis responsiblefor the Ninevessels of 100-400tonnes operate reconnaissancemissions may beflown applicationof Communitycontrol beyondthe 10 mile limit and 16 small within the 12 mile limit by the SpanishAir arrangementsthrough 30 inspectors launchesup to 60 milesfrom land.These Force. basedin Madrid. Fisheriesinspectors of vesselsspent 2.528 days at seain 1990. the autonomousregional governments and military personnelacting as agentsof the Secretariat-Generalcarry out inspectionsin ports. The applicationof Communitycontrol The FrenchNavy provides two vesselsand Around500 flying hours perannum is arrangementsis the responsibilityof the AFMARsix vesselson fisheries spenton maritimesurveillance by the Secretariatof Statefor the Seaand is surveillanceand inspectionat sea.With FrenchAir Forcemainly in the Bayof carriedout by staff of the Administration the exceptionof one navalvessel weighing Biscay.A largepart of this time is spenton of MaritimeAffairs (AFMAR)based in 350 tonnes,all thesevessels weigh less fisheriessurveillance. 20 coastaldistricts. Fisheries inspections than 100tonnes. 1,041days at seawere in ports is entrustedto the Gendarmes providedin 1990. Maritimesunder the directionof AFMAR. Fisheriessurveillance and inspectionat seais the responsibilityof regional operationalsurveillance and security centreswhich co-ordinatevarious AFMAR and FrenchNavy units.
44 The Protection of Scottish Fisheries
Eire The Departmentof the Marineis A fleet of five offshoreinspection vessels A fisheriessurveillance aircraft is operated responsiblefor the applicationof (weighing 1,OOO-2,000 tonnes each)and by the Air Corpsin co-operationwith the Communityinspection arrangements. A two fast patrol vesselsare operatedby the NavalService. fisheriesinspectorate employing seven Irish NavalService dedicated almost fishery officersis locatedin the principal entirelyto fisheriescontrol. In 1990these landing ports. vesselsspent 921 daysat sea. The Ministry of Agricultureand Fisheries Fisheriessurveillance and inspectionat No organisedroutine airbornesurveillance is responsiblefor the applicationof seais conductedby five mine-sweepers of fisheriesexists. Coastguard aircraft, COmmUnitycontrol arrangementsthrough eachof 450 tonnes of the Navydetached which mayalso carry fisheriesinspectors, a specialisedfisheries inspection service from time to time from their military may passinformation on sightings of forming part of the GeneralInspection duties.Seven patrol craft of the Water fishing vesselsto the inspection Service.The fisheriesinspectorate is Policepatrol coastalwaters. These vessels authoritieson request. basedin three regionalcentres and has provided1,346 days at seain 1990. some180 inspectorslocated in ports. Portugal The Secretariat-Generalfor Fisheriesin the The PortugueseNavy operates a threetier The PortugueseAir Forceis currently Ministry of Agricultureand Fisheriesis systemin providingfisheries surveillance enhancingits aerialsurveillance responsiblefor the applicationof at sea.Six launchescover coastal capabilities.Eventually five aircraftwill Communitysurveillance arrangements. fisheries;ten vesselsof approximately eachbe requiredto devote200 flying Fisheriesinspectionsare undertaken by 300 tonneseach patrol out to a distance hours a yearto fisheriessurveillance. 12 staff from a generalinspectorate of 40 milesfrom the mainland;ten corvettes fisheriesaided by staff from the Ministry of 1,200tonnes each patrol the area of Finance(Customs) and Portuguese extending200 milestogether with the Navy. fishery zone aroundthe Azoresand Madeira.These vessels spent 2,365 days at seain 1990. Englandand The Chief Inspectorof Fisheriesin the A fleet of nine “Island”and “Hunt”class Two Dornier228 and one BrittenNorman Wales Ministry of Agriculture,Fisheries and Food vessels,augmented as necessaryby one Islanderare leasedand operatedunder a is responsiblefor the applicationof “I&W class,of the RoyalNavy Fishery separatemanagement contract. These Communitysurveillance arrangements. ProtectionSquadron provide marine aircrafttypicallyprovide 2,800 flying hours Fisheriesinspection in ports is carriedout surveillanceservices in UKwaters in the per annumon fisheriessurveillance. by 81 inspectorsof the SeaFisheries Irish and CelticSeas, English Channel and Inspectoratebased at 30 ports. North Seasouth of Berwickupon Tweed. MAFFcontract to receivearound 1,100 daysat seafrom thesevessels per annum Scotland The applicationof Communitysurveillance The Agencyoperate four offshore Aerialsurveillance is providedby two arrangementsis the responsibilityof the inspectionvessels (one of 885 tonnesand CessnaCaravan aircraft owned by the ScottishFisheries Protection Agency, an three of 1,250tonnes) and three inshore Agencybut operatedunder contract. executiveagency of the ScottishOffice patrol launches.In 1994-95offshore Theseaircraft spent 1,900hours flying Agriculture,Environment and Fisheries inspectionvessels spent 1,108days on time on fisheriessurveillance in 1994-95 Department.The Agency’sheadquarters patrol and inshore launches594 dayson are in Edinburghand fisheriesinspection patrol.Offshore inspection is augmented in port is carriedout by 72 inspectors by around300 daysat seaprovided by the basedin 19 regionaloffices RoyalNavy Fishery Protection Squadron.
45 The Protection of Scottish Fisheries
Fisheries inspection services visited by the National Audit Office
(i) Norway
The management of Norwegian fisheries is the responsibility of the Directorate of Fisheries reporting to the Ministry of Fisheries. The Directorate employs 550 staff with an annual budget of some f25 million and is organised into six departments as follows:
Department of Administrative Affairs: as well as carrying out personnel, accounting and associated functions for the Directorate, the department is responsible for providing an advisory service to Norway’s 25,000 fishermen;
Department of Legal Matters and Fishing Activities: is responsible for preparing and putting into effect all national and international regulations regarding fisheries, including reciprocal agreements with other countries concerning access and fishing quotas In national waters. The department also issues fishing licences, and conducts research into the use of fishing gear and alternative methods of fishing. A regulation council consisting of legal staff and representatives from fishermen’s associations and fish processors meets bi-annually to provide advice on fishery regulations;
Department of Fisheries Economics: is responsible for collating statistics on catches against quotas and cost and earnings for the fishing fleet as a whole;
Department of Aquaculture: administers fishfarming licences and provides advice on the development of the fishfarming industry;
Institute of Nutrition: carries out nutritional analysis of fish and fish products, and undertakes research in conjunction with the Institute of Marine Research.
Department of Quality Control: with an annual budget of f6 million, the department deploys some 150 staff at a headquarters, five regional offices, 32 district offices and four laboratories. It is responsible for ensuring fish and fish products meet minimum standards for quality and, as such, its 80 inspectors have powers to inspect fish factories and farms, and the premises of buyers. Samples of produce may be sent for chemical analysis at the laboratories. Approximately 50 per cent of the department’s effort is devoted to enforcing fisheries regulations up to four miles from the
46 The Protection of Scottish Fisheries
Norwegian coastline; inspecting catches on landing for undersize fish and that quantities landed agree with sales notes. In this latter context the department’s inspectors enjoy close liaison with six sales organisations who co-ordinate the sale of fish between fishermen and buyers. These sales organisations are responsible for administering all vessel quotas and employ their own inspectors to ensure quotas are not exceeded. By law sales organisations are required to forfeit the value of catches in excess of quotas and are the main suppliers of statistical data on catches to the Directorate.
Aerial and marine surveillance in Norwegian waters is carried out by the Norwegian Coastguard under the Ministry of Defence. Coastguard annual expenditure is some f40 million and approximately 75 per cent of their time is devoted to fisheries protection. Coastguard Squadron North consists of three vessels of some 3,000 tonnes each with ice breaking capabilities and five 1,000 tonne vessels of which four are chartered fishing vessels. In addition, 14-20 cutters are used closer to shore to resolve any conflict between fmed gear fishing vessels and trawlers. Coastguard Squadron South consists of three chartered fishing vessels, two smaller (600 tonnes) vessels and two cutters. Squadron Commanders are responsible for assigning patrol areas to Coastguard units but all decisions must be approved by the Norwegian Navy as a consequence of the vessels’ other, non fishery protection, responsibilities. Maritime patrol is carried out by two Lockheed P3 Orion aircraft assisted, in the south, by two light civilian aircraft.
A feature of fisheries regulations and conservation philosophy in Norway is a ban on the discarding of fish. All fish caught at sea must be landed and counted against quotas although undersize fish are confiscated on landing and sold, at a reduced price, for animal feed. Fishermen are therefore economically encouraged to move to fresh fishing grounds when a high proportion of undersize fish are encountered. The role of Coastguard is to confirm catch data corresponds with logbook entries, deter and detect illegal discarding and check mesh sizes. They may also order fishing vessels to move to alternative fishing grounds when excessive quantities of undersize fish are detected.
Aided by information received from the Coastguard and shore based inspectors, the Directorate’s Surveillance Service may recommend the closure of fishing grounds for limited time periods due to undersize fish. The Surveillance Service also accompanies fishing vessels to carry out their own analysis of species composition and age, and authorises limited access to closed areas to determine
47 The Protection of Scottish Fisheries
when they may be re-opened. The Directorate considers temporary closure of fishing @-oundshas proved a successful conservation measure which has probably contributed substantially to the recovery of the cod and haddock stocks in the Barents Sea.
(ii) Denmark
Fisheries protection within Danish waters is carried out by the Directorate of Fisheries within the Ministry of Agriculture and Fisheries. The Directorate employs some 320 staff with an annual budget of El5 million.
Denmark, as a member of the European Union, is subject to the fisheries regulations issued by the Community. As such the 150 inspectors in the six local offices of the Directorate of Fisheries are responsible for the monitoring of landings against sales notes and landings. The total cost of the land based inspectorates is f5.5 million although they have additional duties such as quality control and monitoring the importation of fish and fish products.
Sea based surveillance is carried out by five vessels weighing 140-500 tonnes of the Directorate for Fisheries at an annual cost of just over f4 million. There is no aerial surveillance capability.
(iii) Northern Ireland
The Department of Agriculture for Northern Ireland is responsible for the conservation and management of fisheries resources in the Province via the Fisheries Inspectorate. These responsibilities include commercial sea and inland fisheries, aquaculture development,recreational fishing and the maintenanceof seaand inland fisheries habitats.
The Fisheries Inspectorate employs 28 staff of whom 13 are directly involved in enforcing European Community and national sea fisheries regulations. There are seven staff based at the principal Northern Ireland fishing ports of Kilkeel, Ardglass, Londonderry and Portavogie. In addition, a fishery protection launch is used for inspecting fishing vessels at sea. This vessel typically is at sea on two day patrols and is crewed by a permanent coxswain and staff from fishery ports and Headquarters on rotation. There is no aerial surveillance capability.
48 The Protection of Scottish Fisheries
The role of Fisheries Inspectorate staff engaged in enforcing sea fisheries regulations is very similar to their equivalents in the Scottish Fisheries Protection Agency. Port based staff inspect catches and nets; provide advice to fishermen regarding fishing vessel licences, the vessel decommissioning scheme and new regulations; submit reports of catches and fishing activity to headquarters; issue warnings and prepare reports for consideration of prosecution. Time sheets are maintained enabling management to review the unit cost of activities.
Since 1992 the Inspectorate have been developing their computerised Fisheries Information Systems. The Sea Fisheries Systems have the capability to record details of all fish landings for quota management and stock assessment pm-poses, to maintain information on fishing vessels, their licence entitlements and to issue the relevant licenses and variations. During 1994 an Enforcement System was introduced to record all inspections of landings, documents and nets, and details of boardings and sightings. The system will provide an up-to-date enforcement history of each Northern Ireland fishing vessel to enable targeting of enforcement activity.
49 The Protection of Scottish Fisheries
Appendix 3
Consultant’s review of the Scottish Fisheries Protection Agency use of information
Background
The National Audit Office commissioned MUG Ltd. a consultamy company with widespread experience of fisheries management principles and practice throughout the world, to conduct a review of the Agency’s use of information technology. The pm-pose of the review was: to investigate the existing information systems employed by the Agency and to consider bow well they meet their requirements; to review ways in which replacement systems will provide timely and relevant data for analysis; and to provide recommendations that would assist the effectiveness and efficiency of the Agency through the generation of improved data, and the means by which specific attributes of fishing activity may be targeted for attention. MRAG Ltd findings are presented below.
Existing information systems
The existing systems are provided and supported by the Scottish Office mainframe computer and supported by micro computer applications. The primary systems used by the Agency are:
Fisheries Surveillance Information - This system is used to store intelligence and surveillance data provided from marine and aerial surveillance. Details of sightings and boardings are passed to local fishery offices for verification against logbooks and sales notes. The data are also used to assist in the planning of surveillance operations;
Sea Fishery Licensing Computers - Fishing licences are produced by local fishery offices by merging licence texts with master records of vessels. The system also produces licence variations;
Fishery Office Micro Computers - Logbook and sales note data is entered and validated at local fishery offices. The data are transferred overnight to the Scottish Office mainframe: and
50 The Protection of Scottish Fisheries
Fishery EC Statistics - Logbook and sales note data transferred from local fishery offices can be analysed by the Scottish Office Agriculture, Environment and Fisheries Department using the mainframe. The system is principally used to manage quota allocations and to fulfil European Community reporting requirements.
Assessment of the existing systems
The existing systems have evolved over a number of years and are able to meet the basic needs of data collection and reporting. There are however, a number of shortcomings:
l very limited use is made of the logbook data collected. Catch data are recorded by fishermen daily but are aggregated by trip when entered into the computer system at fishery offices. The quality of scientific assessment possible on the data would be significantly enhanced by the availability of daily catch, and positional information;
l the disparate nature of the current systems does not allow the integration of surveillance activity, licensing information and landings data. The detection of illegal activities, by comparing sighting information and declarations in logbooks, is currently handled through a system of manual checks. Information on vessel sightings is sent to local offices who can then check vessels’ logbooks against sighting information, for example to see if the vessel sighted in a particular area on a particular day, had declared that it was active in that area on that day. The lack of integration with information on catch and activity of fishing vessels means it is difficult to analyse surveillance performance. Better integration could also assist in detecting illegal activity. Assessment of the operational targets of the Agency, such as the chance of sighting and boarding vessels of different types, is difficult. This is owing to the difficulty of analysing the distribution and activity patterns of the fishing fleet with the current system;
. the current system is heavily dependent on the Scottish Office mainframe which is due to be phased out in April 1997; and
l a number of new European Community reporting requirements came into force on 1 January 1995, including the requirement to report daily catches by location. This information is recorded in
51 The Protection of Scottish Fisheries
Marine and aerial Fishery officers surveillance I Sightings, boardings logbooks.sales notes
Source:MRAG Ltd
The disparatenature of the current system does not allow the integration of surveillance activity, licensing information and landings data.
logbooks but the current system aggregates positional information for the whole fishing trip, recording only the most heavily fished area.
The new system
In April 1992 an Information Systems Strategy Statement was completedfor the Fisheries Group of the Department and the Agency, prompted by a need for significant new investment and upgrading of the Fisheries Group’s information technology systems away from mainframe based systems. The Scottish Office Information Systems Steering Group endorsed the strategy in July 1992 and a full business case was presented one year later. Following a Requirements Specification Study a request for services was issued in April 1994. The comprehensive specification for the new system was too demanding for potential contractors to meet within the budget and timetable specified and a revised request for services was issued in August 1994. Implementation of the new system began in October 1994 and the contractor’s phase of the work should he completed by June 1995.
52 The Protection of Scottish Fisheries
Components of the new system
Once fully implemented the systems should contain all of the components laid out in the original request for services.
The original request for services specified the following broad categories of services.
l quota management and licensing - monitoring quotas and allocations to Producer Organisations - compare vessel catches against sales notes - issue licences and subsequent variations - maintain details of applications and licences issued
l vessel/record management - maintain detailed information on vessels fishing in Scottish waters - maintain historical information on vessel data which changes eg, ownership, name, changes in technology
l surveillance operations - the authority of vessels to operate in Scottish waters - location and movement of vessels - surveillance activity of craft
l legislation enforcement - maintain details of sightings, boardings, port-based inspections and infringements
l prosecution - hold information on each prosecution case file, its status and eventual outcome
l management information - allow evaluation of performance indicators
The core system implements a minimum of reports approximating to that of the old system but will have the capacity to accommodate further reports in due course to be developed by in-house staff. In-house staff will also be required to develop facilities for the evaluation and monitoring of performance indicators: the storage and retrieval of archived data; and the use of portable computers by shore based staff.
53 The Protection of Scottish Fisheries
Marine and aerial Fisheryofficers surveillance
Sightings, boardings logbooks,sales notes
Local personalcomputer systems
line connection Fisheriesinformation network databaseserver
DepartmentFisheries
Source:MRAG Ltd
The integration of all data into one system provides great potential for enhancingthe efficiency and effectivenessof the Agency but further developmentof reportswill be required by in-house staff.
Assessment of the new system
The integration of all Fisheries Group and Agency data into one system provides great potential for enhancing both the efficiency and effectiveness of the Agency. However, the sophisticated analysis and quota management functions performed by the Department require far more than the basic set of reports provided by the contractor. The new system includes various reports to allow fishery offices to monitor landings, sales and surveillance activity but the offices will still be required to perform ad hoc queries as they could with the older system. The new system will provide greater potential for this.
The timetable for implementation of the core system is tight. The new system involves a number of innovative approaches to data management, and there is a risk that it may not become fully effective within the planned timetable with a possible adverse effect on statistics and quota management.
54 The Protection of Scottish Fisheries
It will be left to the in-house information technology staff to fuUil the potential of the system and it is therefore possible that this will not be Iidly realised for a sign&ant amount of time, possibly around one to two years. In the interim, the new system is likely to under-perform but should be able to meet the current reporting requirements of the old system.
Further developments
Once full implementation of the new system is complete it will offer a number of opportunities for significantly enhancing the efficiency and effectiveness of the Agency. Most obviously, the new system affords the opportunity of relating the activities of the surveillance operations on air, sea and land, with the known operational information about the activities of the various fleets.
Particular areas for attention are as follows:
* Performance monitoring With the improved data availability brought about by the new system, it should be possible to develop more sophisticated performance targets and to monitor these more effectively. For example, the provision of information on the distribution and activity patterns of United Kingdom and foreign fleets, and information on boardings and sightings of all vessels fishing in Scottish waters, should enable the better assessment of the performance of the Agency in a key number of target areas.
0 Improved detection of offences Cross comparison of components of the integrated information system, for example, comparison of aerial sightings of vessels with positions of the same vessels from their logbook information reported incorrectly could identify a potential offence. The scope for assessing under-reporting and other offences, and identifying persistent likely offenders for future investigation is greatly increased. l Improved probability of detection of fishing vessels and potential offenders Improved and timely access to the integrated information by both the Agency Headquarters Operations Room responsible for the deployment of marine and aerial surveillance, and the local fisheries
55 The Protection of Scottish Fisheries
offices will lead to improved detection of fishing vessels and potential offenders through more effective deployment of manpower and resources.
l Assessment of individual vessel performance and history Assessment of individual fishing vessel performance and history can be readily done, and vessels which appear to have irregular or bizarre patterns of reporting or activities can be identified as potential targets for closer inspection.
l Analysis of volumes of fish moved into processing sector Comprehensive data on the movement of fish from port into the processing sector can be assessed and affords the opportunity of highlighting anomalies in the volume of fish moved.
l Economic analysis of the fishery The information collected, if analysed appropriately from an economic perspective, is highly relevant to the overall management of the fleets. Thus, if the appropriate reports were developed and made readily available to the appropriate authorities and industry, it could in principle, ensure more effective management of the industry.
l Improvement of the information supplied to the Scottish Office Agriculture, Environment and Fisheries Department Marine Laboratory It will nowbe possibleto providefull logbookdetails to the scientists at the Scottish Office Agriculture, Environment and Fisheries Department Marine Laboratory and to utilise this information and the results of any subsequent analysis to target areas of particular concern. Daily catch, effort and positional information will be available to be analysed for the fast time.
l Satellite surveillance It is likely that the European Community will introduce some sort of satellite vessel monitoring system in the near future and any surveillance operation will have to be able to be integrated with
56 The Protection of Scottish Fisheries
such a system. The database structure would have to be expanded and a communication link set up with the data provider to access these data. This should be easily achievable with the new system.
57 The Protection of Scottish Fisheries
Appendix 4
Results of National Audit Office survey of Scottish fishermen
Background
The National Audit OftIce commissioned System Three Scotland, a specialist marketing and social research company in Edinburgh, to undertake a survey of Scottish fishermen. The purpose of the survey was: to establish the extent of awareness and understanding of the role of the Scottish Fisheries Protection Agency amongst Scottish fishermen; to determine the amount and frequency of contact between the Agency and fishermen; and to assess the views of fishermen on the Agency’s effectiveness and where scope for improvements may exist. A sample of 400, weighted to reflect size of fishing vessels and port of registration, was randomly selected from the complete list of fishing vessel skippers in Scotland. Questionnaires were sent out on 8 November 1994 and a reminder issued two weeks later. By the survey deadline of 2 December 1994, 136 completed questionnaires had been returned.
Sample Size Responses ” Vesselsize Under10 metres 193 (46%) 43 (32%) IO-14 metres 65 (16%) 21 (15%) 15-19 metres 66 (17%) 32 (24%) 20 metresand over 76 (19%) 36 (26%) Not stated 4 (3%) 136 (100%1 General awareness of, and views towards, the Scottish Fisheries Protection Agency
Q1.l Are you familiar with the aims and objectives of the Scottish Fisheries Protection Agency? 86 per cent claimed to be familiar with the Agency’s aims and objectives. Awareness increased directly with the size of the fishing vessel operated.
58 The Protection of Scottish Fisheries
Q1.2 Are you familiar with the Agency’s Code of Enforcement Practice? 60 per cent claimed to be familiar with the Code. Again, awareness increased with vessel size.
Q1.3 what are the four key roles of the Agency in order of importance? Respondents were asked to rank four key roles of the Agency in order of importance. The response is noted below.
Figure 22: Fishermen’s p&ceptian of the role of the Agency Most important Least important Mean rank (“4 (“4 position Protectionof UnitedKingdom 45 7 1.92 fishing vessels Deterrenceor detectionof 35 10 2.13 illegalactivity Provisionof adviceto 4 61 3.37 fishermen Enforcementof rulesand 15 18 2.55 regulations
The figure shows that fishermenperceive the most importantrole of the Agencyis to protect UnitedKingdom fishing vesselswhilst the advisoryrole is seenas relativelyunimportant.
al.4 Currently, how efficient is the Agency in detecting breaches of fisheries regulations? 60 per cent of respondents indicated the Agency were “very” or “quite” efficient although 96 per cent considered the Agency could be more successful in detecting breaches of fisheries regulations. Scottish fishermen considered the Agency could detect more breaches of regulations by boarding and inspecting more foreign vessels and by taking more action against illegally landed fish appearing at market.
At sea
Q2.1 During fmhmg trips, how often in a siogle year would you normally be sighted by Agency aircraft or vessels, and hoarded by Agency staff? Respondents were asked to tick boxes indicating the frequency of sighting and boarding. The response is given overleaf.
59 The Protection of Scottish Fisheries
~~~~~~~~~~~~ ~-. ,.,j_r ,, ,^ .j~,, :,;> :., a. _.~.:ii.:;:.;:_:.~.~ .,.,2; “.“+“.‘\: ..__ ;iL.r,,k-. i:..,s ,,,..,, ~;.~...~~~,;~1:‘d~~.~:~~~~~~..~~1:.-.;.,.~~~.~~.~-~.,;I- . . 2 Sightings by Sightings by vessel Boardings at sea aircraft (“IO) W (“4 Morethan six times 53 61 8 5 or 6 times IO 12 6 3 or 4 times 13 6 26 onceor twice 16 13 31 never 4 7 25 not stated 4 1 4
Thefigure shows over half the samplewould expectto be sightedby both aircraftand vesselsmore than six times during the courseof the year. The frequencyof boardingsis much less.
Responses indicating a high frequency of sightings and boardings were most likely to come from the skippers of larger vessels whilst smaller fishing boats were more likely to be sighted or boarded less often. Two-thirds of respondents indicated they thought the frequency with which they were sighted/hoarded was about right, whilst the remainder were split between those who thought there are too many sightings/boardings and those who believe there are too few. The remainder were strictly differentiated according to size of vessel: a high proportion of smaller vessels thought the number too low, whilst amongst larger vessels the feeling was the frequency of sightings/boardings is too high.
Q2.2 How would you rate hoar&g officers’ performance? The question was put to those skippers boarded during the last two years. 94 respondents were asked to rate boarding officers’ knowledge of fisheries regulations, thoroughness in their duties and courtesy in their dealings with skippers. Responses of “very good” or “quite good” were given in 86-91 per cent of cases for each category.
Q2.3 What percentage of the Agency’s total boardings are those of foreign fishing vessels? A third of respondents considered fewer than 10 per cent of the Agency’s boardings were of foreign fishing vessels and, overall, three quarters thought the Agency’s boardings of foreign vessels was less than the true figure of approximately 35 per cent. When asked to consider the figure of 35 per cent, a vast majority (SOper cent) considered it too low. The main reasons given for this response was that foreign vessels were perceived to be breaking fishery regulations, they cared less about catching juvenile fish and United Kingdom vessels were treated more harshly. Respondents also perceived that foreign vessels were less well policed in their own countries.
60 The Protection of Scottish Fisheries
On shore performance
Q3.1 How would you rate the performance of Scottish Fisheries Protection Agency staff during inspection of catches or nets in port? Respondents were asked to rate fishery officers performance in port in respect of knowledge of fisheries regulations, thoroughness in their duties and courtesy in their dealings with skippers. Responses of “very good” or “quite good” were given in SO-83 per cent of cases for each category.
Q3.2 How often in the past year have you made use of advisory or other services provided by Agency fishery offices at ports? Around a third of respondents had never made use of advisory or other services. Of those who had, around half had made use of the facilities only once or twice and most of the remainder three to four times in the last year. Those with larger vessels tended to make more use of the Agency’s advisory services. The most common reasons for seeking advice or information was on matters concerning fishing vessel licences and registration, quotas, regulations affecting mesh and net sizes, and fishing exclusion zones. A smaller number approached offices seeking advice on claims for loss of or damage to fishing gear.
Q3.3 Overall, how would you rate the advice or information received? Respondents were asked to rate the advice or information received in terms of helpfulness, accuracy and promptness. Responses of “very good” or “quite good” were given in 88-95 per cent of cases for each category.
Breaches of regulations
Q4.1 What are the main causes of misreporting of catches and landing of unrecorded ftih? Respondents were asked to rank reasons for misreporting of catches and landing of unrecorded fish in order of importance. The response is overleaf.
63 The Protection of Scottish Fisheries
~~.~.,._~ .~~.-~.~~~,~,:. .__.,_~“._~ ~.._._-___ ,_._..._.-___.._., ‘Figure,24:‘Reasonsfoi,the inisreptiiijttg’of catch& ‘1 .~‘, ,‘~: : ‘:‘~ ‘--i,~ “~ 1,: i Most 2ndmost 3rd most Don’t Mean important important important know rank (“4 (%I (“4 The needto makea living and cover 42 26 13 18 1.67 operatingcosts Reluctanceto discardvaluable fish 25 31 21 21 2.01 Fishare moreplentiful than indicatedby scientificadvice 13 18 36 26 2.48
The main reasongiven for misreportingof catchesand unrecordedlandings is the needto makea living and coveroperating costs. Reluctanceto discardvaluable fish was more commonamongst smaller fishing vessles.The beliefthat fish are moreplentiful than indicatedby scientificadvice was moreprevalent amongst larger vessels.
Q4.2 Do you think the Agency’s recently started mobile teams deter illegal landings? 45 per cent of respondents claimed they do deter illegal landings whilst 38 per cent stated they do not. Skippers of larger vessels are more likely to regard the mobile teams as effective.
44.3 What other action could be taken by the Agency to reduce such illegal landings? 70 respondents (58 per cent) replied to this question. A wide variety of suggestions were made as follows:
Figure 25: Fishermen’s viiws on how tb reduce illegal landings Respondents Number % Improvequota system/fishing policy 13 10 Morestaff resources 11 8 StrongeVharsherfines 10 7 More checkson salesmenand merchants 8 6 Morechecks on lorriesand transport 7 5 Be moresecretive/undercover 7 5 More checkson landedfish 6 4 Moresurveillance/officer at every porl 6 4 More checksgenerally 4 3 Withdraw/suspendlicences 4 3 Morefishery protectionvessels 3 2 79 58
Fishermenhad a wide rangeof views as to how the Agencycould reduceillegal landings,
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