
	NTZ infringement? Reported breaches of the No Take Zone in Lamlash Bay have produced serious concern about how the closed area can best be defended from predatory boats. Written by Nick Underdown Thursday, 30 October 2008 Last Tuesday 21st October, 'one or possibly two' fishing vessels were spotted.entering the No Take Zone in Lamlash Bay and seemingly dropping their dredging equipment. The incident took place just days after a government research vessel undertook a baseline survey of the bay's seabed at a cost of well over £100,000. Scottish Fisheries Protection Agency officials are currently looking into the alleged incident. Local residents who had seen the boats took a note of the registration details of the vessels and have informed the Scottish Marine Directorate, the body responsible for monitoring the conservation area. The NTZ was established just one month ago. Video footage Video footage of the vessels in the No Take Zone was also recorded during the incident. The Arran Voice was unable to contact the fishermen for comment, as their identity could not be confirmed. It is not currently known whether the boats operated locally. Prior to being contacted by the Arran Voice, the Clyde Fishermen's Association (CFA) had no knowledge of the alleged infringement. Secretary of the CFA Patrick Stewart said: 'I do not comment on gossip. We support the No Take Zone and our members know the consequences of transgressing it. It is not so much a No Take Zone as a scallop regeneration area.' A spokesperson for the Scottish Government said 'it would be inappropriate to comment any further on the specific circumstances at this stage,' adding that 'most fishermen do adhere to rules, and we want to ensure that those who choose to ignore regulations are suitably punished.' Working relationship Howard Wood from COAST said he was disappointed by news of the possible breach, but added: 'The last thing we want is a breakdown of a working relationship with the fishermen. We really don't want such incidents to continue, because I genuinely believe that they [Clyde fishermen] will be the first people to benefit from it.' A Scottish Government spokesperson sent an equally upbeat message about the newly-protected area of Lamlash Bay – which is only 1.6 square miles in size. 'The protected area – backed by both environmentalists and the fishing industry — will help conserve an important marine habitat and it is anticipated that as a direct result scallop beds in adjacent areas will become more productive, benefiting local fishermen. We are watching the project closely to see what lessons can be learned for the future.' However, the case underlines the difficulties in policing Lamlash Bay and indeed any UK marine reserves. The Inshore Fishing (Prohibition on Fishing) (Lamlash Bay) (Scotland) Order 2008 gives powers of seizure to sea fishery officers where an offence had been committed, but enquiries by the Arran Voice prompted a cautious response from a Government spokesperson, who said, 'Each case has to be considered on its merits and ultimately it is matter for the courts to determine.' Gap in the law Jean-Luc Solandt from the Marine Conservation Society believes the existing law is not up to scratch. 'Even if we filmed someone with their gear in the water, we can't legally prosecute them, because of the wording of the legislation,' he said.at a recent presentation in Brodick. The MCS would seem to be arguing for a change to the evidential burden of proof for such cases, so that there is a presumption of fishing activity if nets or dredging gear are in the water. It would then be for the fisherman to prove otherwise. Real-time tracking? Currently all fishing vessels over 15m in length must use transponders that send 'position reports' including course and speed to the competent authorities every two hours. However, this means that a boat can sail into a protected area for a short time and return within two hours, without the SFPA being any the wiser. It may be that more sophisticated real-time tracking technology could help to police commercial vessels, but the equipment is expensive and would probably need to be heavily subsidised by the Government. It may be that the real solution lies at the local level. The Scottish Government declined to mentioned any specific legislative changes required, but said that the recently piloted Inshore Fishery groups (IFGs) will work closely with the Government to identify 'any additional regulatory requirements' that might be needed. At present though, Inshore Fisheries Groups — a precursor to the forthcoming national Marine Bill — represent only the commercial interests. Steve Bastiman from the Scottish Sea Angling Conservation Network told The Arran Voice he believes the IFGs are a 'good idea' but argues that it should not just be the commercial sector that is involved in their management. The same point was also raised by Sally Campbell of COAST at a recent MCS meeting on Arran. Laura Chalmers of the Scottish Parliament Information Centre (SPICe) sent the following information to Kenneth Gibson MSP on the meaning of the Lamlash Bay NTZ and the penalties that can result from breaching it. By virtue of section 4 of the Inshore Fishing (Scotland) Act 1984, any person who contravenes a prohibition contained in this Order shall be guilty of an offence and liable on summary conviction to a fine of up to £5,000, and on conviction on indictment, to an unlimited fine.

NTZ infringement?

Reported breaches of the No Take Zone in Lamlash Bay have produced serious concern about how the closed area can best be defended from predatory boats.
Written by Nick Underdown
Thursday, 30 October 2008

infringement

Last Tuesday 21st October, 'one or possibly two' fishing vessels were spotted.entering the No Take Zone in Lamlash Bay and seemingly dropping their dredging equipment. The incident took place just days after a government research vessel undertook a baseline survey of the bay's seabed at a cost of well over £100,000. Scottish Fisheries Protection Agency officials are currently looking into the alleged incident.

Local residents who had seen the boats took a note of the registration details of the vessels and have informed the Scottish Marine Directorate, the body responsible for monitoring the conservation area. The NTZ was established just one month ago.

Video footage

Video footage of the vessels in the No Take Zone was also recorded during the incident. The Arran Voice was unable to contact the fishermen for comment, as their identity could not be confirmed. It is not currently known whether the boats operated locally. Prior to being contacted by the Arran Voice, the Clyde Fishermen's Association (CFA) had no knowledge of the alleged infringement. Secretary of the CFA Patrick Stewart said: 'I do not comment on gossip. We support the No Take Zone and our members know the consequences of transgressing it. It is not so much a No Take Zone as a scallop regeneration area.'

A spokesperson for the Scottish Government said 'it would be inappropriate to comment any further on the specific circumstances at this stage,' adding that 'most fishermen do adhere to rules, and we want to ensure that those who choose to ignore regulations are suitably punished.'

Working relationship

Howard Wood from COAST said he was disappointed by news of the possible breach, but added: 'The last thing we want is a breakdown of a working relationship with the fishermen. We really don't want such incidents to continue, because I genuinely believe that they [Clyde fishermen] will be the first people to benefit from it.'

A Scottish Government spokesperson sent an equally upbeat message about the newly-protected area of Lamlash Bay – which is only 1.6 square miles in size. 'The protected area – backed by both environmentalists and the fishing industry — will help conserve an important marine habitat and it is anticipated that as a direct result scallop beds in adjacent areas will become more productive, benefiting local fishermen. We are watching the project closely to see what lessons can be learned for the future.'

However, the case underlines the difficulties in policing Lamlash Bay and indeed any UK marine reserves. The Inshore Fishing (Prohibition on Fishing) (Lamlash Bay) (Scotland) Order 2008 gives powers of seizure to sea fishery officers where an offence had been committed, but enquiries by the Arran Voice prompted a cautious response from a Government spokesperson, who said, 'Each case has to be considered on its merits and ultimately it is matter for the courts to determine.'

Gap in the law

Jean-Luc Solandt from the Marine Conservation Society believes the existing law is not up to scratch. 'Even if we filmed someone with their gear in the water, we can't legally prosecute them, because of the wording of the legislation,' he said.at a recent presentation in Brodick. The MCS would seem to be arguing for a change to the evidential burden of proof for such cases, so that there is a presumption of fishing activity if nets or dredging gear are in the water. It would then be for the fisherman to prove otherwise.

Real-time tracking?

Currently all fishing vessels over 15m in length must use transponders that send 'position reports' including course and speed to the competent authorities every two hours. However, this means that a boat can sail into a protected area for a short time and return within two hours, without the SFPA being any the wiser. It may be that more sophisticated real-time tracking technology could help to police commercial vessels, but the equipment is expensive and would probably need to be heavily subsidised by the Government.

It may be that the real solution lies at the local level. The Scottish Government declined to mentioned any specific legislative changes required, but said that the recently piloted Inshore Fishery groups (IFGs) will work closely with the Government to identify 'any additional regulatory requirements' that might be needed. At present though, Inshore Fisheries Groups — a precursor to the forthcoming national Marine Bill — represent only the commercial interests. Steve Bastiman from the Scottish Sea Angling Conservation Network told The Arran Voice he believes the IFGs are a 'good idea' but argues that it should not just be the commercial sector that is involved in their management. The same point was also raised by Sally Campbell of COAST at a recent MCS meeting on Arran.

Laura Chalmers of the Scottish Parliament Information Centre (SPICe) sent the following information to Kenneth Gibson MSP on the meaning of the Lamlash Bay NTZ and the penalties that can result from breaching it.

By virtue of section 4 of the Inshore Fishing (Scotland) Act 1984, any person who contravenes a prohibition contained in this Order shall be guilty of an offence and liable on summary conviction to a fine of up to £5,000, and on conviction on indictment, to an unlimited fine.

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