Sandeel fishing consultation: draft partial business and regulatory impact assessment

Implementation of measures for sandeel in Scottish waters

Background

The Scottish Government has commitments under the UK Marine Strategy to collaborate with the other UK administrations to assess, monitor and publish a programme of measure the UK will use to support progress towards achieving Good Environmental Status. This includes descriptors for biodiversity and commercial fish. The Scottish Government's key regional platform for collaboration with neighbouring countries on marine biodiversity is OSPAR (the Convention for the Protection of the Marine Environment in the North-East Atlantic), where we participate as part of the UK and take action developed under this forum to protect and conserve the marine ecosystems and biodiversity. Under the Joint Fisheries Statement, a statement published in accordance with section 2 of the Fisheries Act 2020, the Scottish Government is committed to delivering sustainable management of fisheries that takes account for the protection of biodiversity and healthy functioning marine ecosystems^[3]. The Precautionary Objective set out in section 1 of the Fisheries Act 2020 also establishes the need to apply the precautionary approach to fisheries management.

Given the importance of sandeel to the wider ecosystem and the subsequent benefit provided by the species in aiding long-term sustainability and resilience of the marine environment, it remains an over-arching and long-held Scottish Government position not to support fishing for sandeel in Scottish waters, which is reflected in Scotland's Future Fisheries Management Strategy. This position was emphasised in June 2021 when the Cabinet Secretary for Rural Affairs and Islands committed in Parliament to considering what management measures could be put in place to better manage the North Sea sandeel fisheries in Scottish waters.

There are several measures in place for the protection of sandeel stocks including through the network of Marine Protected Areas (MPAs). Furthermore, a sandeel closure in sandeel management area 4 has been in place since 2000 and, the UK has not allocated sandeel quota to UK vessels since 2021.

In 2021, Scottish Government officials worked closely with UK counterparts on a call for evidence^[4] to gather information to better inform our considerations on future management for sandeel. The Scottish Government is therefore committed to considering what additional measures could be introduced to better manage fishing for sandeel in Scottish waters, with the aim to benefit both North Sea sandeel stocks and the wider ecosystem, including sensitive marine species.

In May 2023, the Cabinet Secretary for Rural Affairs, Land Reform and Islands announced the Scottish Government's intention to launch the consultation on potential closure of the sandeel fishery in Scottish waters through a Government Initiated Question.

Sandeel are a key component of the ecosystem of Scotland's seas due to their role in marine foodwebs as a prey source for a range of species including seabirds, seals, cetaceans (whales, dolphins and porpoises), and predatory fish. Declines in sandeel abundance can negatively impact the survival and reproduction of ecologically important species.

Proposal for closing fishing for sandeel in Scottish waters

The Scottish Government has committed to considering what measures could be introduced to better manage fishing for sandeel in Scottish waters, with an aim to benefit both North Sea sandeel stocks, and the wider ecosystem.

The Scottish Government therefore proposes to consult on proposals to close fishing for sandeel in all Scottish waters. This proposal is informed by the potential benefits to the wider marine ecosystem that such measures could bring. These include benefits to sandeel, seabirds, marine mammals, and other fish species. The proposals would also benefit several of Scotland's MPAs for which sandeel are a protected feature and could contribute to progress with achieving Good Environmental Status for seabirds and marine mammals⁶.

These proposals have been informed by the current state of understanding of the role of sandeel in the ecosystem and the potential impacts that closing fishing for sandeel in Scottish waters could have and should be read alongside the "Review of scientific evidence on the potential effects of sandeel fisheries management on the marine environment" that was produced by the Science, Evidence, Data and Digital Portfolio, Marine Directorate, Scottish Government. This report can be found along other supporting documents to this consultation.

It is anticipated that any measures would be effective year-round and, would be introduced through the implementation of a Scottish statutory instrument applicable to all vessels that would otherwise fish within UK waters.

Subject to the outcome of this consultation, the Scottish Government proposes to close fishing for sandeel in all Scottish waters from the 2024 fishing season onwards.

This proposal seeks to contribute to the following Marine Scotland Blue Economy Outcomes:

Environment: Scotland's marine ecosystems are healthy and functioning, with nature protected and activities managed using an ecosystem-based approach to ensure negative impacts on marine ecosystems are minimised and, where possible, reversed.

This proposal seeks to contribute to the following National Outcomes:

Environment: We value, enjoy, protect and enhance our environment.

Economy: We have a globally competitive, entrepreneurial, inclusive and sustainable economy.