Information to you as the user

ERS-regulation «simply» explained the way we understand it.

 

Why is your vessel required to have catch report and tracking? Why do you need this technology? why do you have to get the cost that feel so unfair?

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In the following text we will try to explain as simply as possible what the regulation tells us and how the regulations requirements to the technology and equipment is leading the developers to make the product such as it is.

ERS-regulations has it`s authority in Havressursloven §34-37,39,43 and 59. It`s dated from 2009 and it`s not new, but until now it has only affected vessels above 15 meters/50ft.

 

The ERS-regulation was edited last in 1.juli 2022, and this was the date when fishing vessels between 11-15 meters had to install ERS and VMS system. Fishing vessels between 10-11 meters had its deadline the 01.07.2023, and the next group of fishing vessels are 8-10 meters of length, due date is 01.01.2025. Under 8 meters has so far no due date.

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The regulation the owner of a fishing vessel is required to follow, is the same regulation as the developers and producers are required to follow. The developers have on behalf of the producers build a system according to the regulations in order to get it approved by the Directorate of Fisheries. Due to the regulations set by the Norwegian authorities it`s small possibilities of flexibility when it comes to functions and costs.

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So, why do you need this equipment and send these reports of catch and activity using our application?

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The goal of this regulation and all the information sent in the messages the fisherman is required to send is based in one single sentence in the regulation §1: The goal of this regulation is to ensure an effective way to regulate fishery, better control of resource extraction and a base of information for statistics and research by using electronic systems and digital communication to report activity and catch.

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It also tells who it concerns: §2: The regulation applies to every Norwegian catch- and fishing vessel wherever they might be.

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For as long as these paragraphs exists, so will the requirement for ERS and VMS systems. The values of the data being reported regarding catch, location and type of fishing gear is of such value to research, governments, politics and EU that it will require strong forces to change this regulation. It`s not just about catching "outlaws" in the industry, but to facilitate a heavy academic and administrative basis of the coast within fishery-, fishfarming-, oil and energy and in the end political decisions regarding sustainable resources in the ocean for the future.

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This is also stated by the purpose of the regulation by seeing what information that is supposed to be reported and in addition it was clearly presented at a meeting by the Directorate of Fisheries in Trondheim(Norway) at the trade show Nor-Fishing the 28.08.2022 at 3 pm. It was also clearly presented in this meeting by the Directorate of Fisheries that catch reports has always been a part of a fishermans routine, only in a handwritten diary, but now it is electronically for a more direct control and it is added a few more demands of information based on the purpose of the ERS - regulation.

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During a user meeting in Kabelvåg(Norway) the 16.03.2023 at the trade show Lofot-Fishing, between the Directorate of Fisheries, suppliers and organizations debated suggestions to ease the reporting regime. Simply explained, vessels under 11 meters may only report (POR) Message of arrival and vessels between 11 - 15 meters do not need to send (DCA) Message of activity before the first midnigt of a trip. Vessels under 15 meters do not need to send (TRA) Message of transfer, with exeption of vessels fishing in skagerakk, meaning vessels above 12 meters have to send (TRA) Message of transfer.

 

What about the suppliers?

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The regulation describes what is required of the equipment and product the suppliers should/shall develop:

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§4: Norwegian catch- and fishing vessels are to send messages as indicated by this regulation electronically to the Directorate of Fisheries. It shall only be used a reporting system that at all times meet the Directorate of Fisheries demands as to generation, authentication and securing of electronic messages which is confirmed approved by the Directorate of Fisheries. – At all times it shall be used a communication equipment that has coverage within the areas of fishing activities. If a vessel under 15 meters gross length only has its activities inside of a 12 nm line from shore, it is no demands to have a subscription for communication through satellite. The exception does not apply to vessels on or above 12 meters gross length practicing catch and fishery outside of 4 nm from the shore of Skagerrak, limited towards west by a straight line through Lindesnes lighthouse and Hanstholmen lighthouse and towards south by a straight line through Skagen lighthouse and Tistlarna lighthouse.

 

Based on the wording of the above paragraph the suppliers have to deliver a satellite based equipment to ensure coverage in all areas where the vessel might travel, at any time.

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The suppliers are required to deliver the following in order to be approved:

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• Satisfactory physical equipment (hardware) that can withstand the strain to be installed on a vessel all year during all kinds of weather conditions.

• Communication technology (software) which is capable of delivering information in the messages sent between vessels and the Directorate of Fisheries.

• A user function, f.ex. an app, which the user can use in the simplest way to send the required messages.

• A safe and well function communication network capable to send messages containing the algorithm that is made, for the reporting to function as problem free as possible between the user and the authorities, regardless to the geographical area at sea.

• The path of communication has several links, a unit on the vessel, satellite/GSM, server, authorities and the same path back to the vessel and app.

• The equipment and system is secured against manipulation and deactivating, hereby secured towards others than authorized personnel that is approved to change the message routine or the message being sent to the Directorate of Fisheries.

• To be of a state that the vessel can be tracked in any area the vessel might be.

• Safe storage of data.

• Support.

• The regulation has a number of demands to the content of the messages that need to be build into the software. Such as test-message, message of departure, message of catch, message of catch in the Svalbard Zone, message of arrival, message of transfer, message of start and stop fishing, message to the Institute of Marine Research, return-messages, error messages where all types of messages are subject to guidelines and requirements in the regulations.

 

It is thousands of hours behind such development to ensure a product based on a service based on the law/regulations on a task from the governments.The costs of development and running costs for the systems is costs carried by the supplier, and because the government does not have a financial support system for the suppliers the suppliers need to transfer the costs to the users of the systems.

 

§4 also says: Suppliers of electronic report systems shall offer support in normal working ours.

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Most, if not all of the suppliers offers 24/7 support. this of course carries a lot of costs. If you sum the costs we are talking about several millions in development and heavy running costs according to the level of support and deals made between the suppliers and their suppliers.

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The reason why the Directorate of Fisheries wanted external developers to develop this system was to ensure competition and quality. They could have developed this on their own, but the quality could have been poorer and it would had been no competition. Competition puts pressure on price and quality.

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§6: Costs due to investment, installation and use of equipment mentioned in this regulation shall be covered by the owner of the vessel. The Directorate of Fisheries can in special cases cover expenses due to use of this equipment.

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The Directorate of Fisheries has made a decision to make a one time coverage of 7000 NOK to vessel owners to install tracking equipment. The arrangement is being financed by Garantikassen for fishermen.