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CHAPTER FIVE: THE LICENSING SYSTEM
In looking to the future and in seeking to ensure that the management systems adopted support quota arrangements, a new Scottish licensing system will be established which:
- ensures a link is maintained between vessels' activities and the ability to deliver economic and social benefit to Scottish fishing communities
- delivers licensing arrangements which are simple, easy to understand and not unduly burdensome on fishing businesses.
In implementing a Scottish licensing system we will clearly define and identify what a Scottish vessel is along with measures with which will maintain an economic link to Scottish fishing communities. We propose that it will be a condition of Scottish licences that vessels must carry a Scottish Port Letter Number ( PLN), be administered at Scottish Fishery Offices and be in membership of a Scottish recognised Producer Organisation ( PO) or managed directly by the Scottish Government Marine Directorate.
Following the establishment of a Scottish licensing system, we intend to ensure arrangements maintain proper controls that are as light touch, effective, and business friendly. We will set up a Scottish licence review body.
Proposals
For the purposes of operating a distinct Scottish licensing system, we propose that it will be a condition of Scottish licences that vessels must carry a Scottish Port Letter Number ( PLN), administered at Scottish Fishery Offices and in membership of a Scottish recognised Producer Organisation ( PO) or managed directly by the Scottish Government Marine Directorate. Although not a mandatory requirement, the normal current practice is for vessel owners to licence their vessels through the local Fishery Office closest to their residence or place of business. This definition therefore currently applies to the vast majority of vessels and vessel owners who deem themselves Scottish and should have little impact on business activity.
The Scottish licensing system will not exclude other fishers from the Scottish zone. These vessels will continue to be able to fish as they do presently, fishing against their quota allocation in the Scottish fishery zone and landing catches into Scottish ports. Our arrangements will simply allow us to manage more effectively the activity of the Scottish fishing fleet and, by definition, those vessels which we directly licence.
To allow the small number of owners who may need to take some administrative action to comply with the new definition sufficient opportunity to consider their position, we propose to allow these owners a period of two months from the announcement of the results of the consultation exercise in which to advise the Scottish Government Marine Directorate on how they plan to ensure that their vessel fully meets the criteria to be licensed as a Scottish fishing vessel. The necessary work relating to this would then require be completed within a further period of 2 months.
Nephrops permits for 10 metre and under (10mu) and non-sector vessels will be introduced under a Scottish licensing system. Further details are outlined in Chapter 4.
Delivering Benefit to Scottish Fishing Communities
The Scottish licensing system is designed to provide reassurance that Scottish coastal areas dependant on fishing will continue to benefit from fishing activity.
We propose that the requirement to demonstrate an economic link to the UK will be varied to require an economic link to Scotland, and the option to demonstrate that link by landing at least 50% of quota stock catches in the UK, will be varied to require a Scottish licensed vessel to land a percentage of this required catch level into Scottish ports so that there is a more defined benefit to our fishing dependent communities. Detailed examples of the current requirements and proposed Scotland economic link provision are shown in Annex C.
This will also apply to FQA units with a Scottish identifier (unique serial number) even if they are not directly attached to Scottish licences ( i.e. where these FQA units may have been sold to non-Scottish interests). The economic link obligation will be subject to further detail consultation as part of the formulation of further detailed Scottish quota and licensing rules.
Licensing Exchanges with Other Fisheries Administrations
It is the Scottish Government's intention that vessel and/or licences will continue to be able to transfer from Scotland to other Fisheries Administrations within the UK, but it is envisaged that transactions in future will be governed by the rules in force by the Administration in whose jurisdiction the licensing is being completed. We intend to seek reciprocal agreements with other Fisheries Administrations to avoid any potential distortion where differences in licensing rules apply. This will be designed to prevent movement between administrations for short periods purely to take advantage of a more beneficial licensing system, by for example, the receiving licensing administration applying the capacity penalty which would have applied to the original transaction.
Improving Licensing Rules and Provisions
Following the establishment of a Scottish licensing system, we intend to ensure management arrangements that maintain proper controls that are light touch, effective, and business friendly.
We will set up a Scottish Licence review body and implement the full recommendations for changes in licensing made by the current UK joint government/industry Licence Review Working Group ( LRWG). It is our intention to implement these measures immediately upon the introduction of a Scottish licensing system. A more detailed explanation of each recommendation, with some associated practical examples, is shown in Annex C. In addition, we will also establish a Scottish LRWG. One of the first issues we will be looking to consider is the role of capacity penalties in licence transactions and simplification of the current rules.
Q10. Do you agree with our proposals to identify Scottish vessels as part of establishing arrangements tailored to Scotland's requirements?
Q11. Do you agree that we should establish a Scottish economic link requirement to ensure a beneficial connection to Scotland's fisheries dependent populations and associated industries?
Q12. Do you have any other views on our proposals for a Scottish licensing system?
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