Demersal Fisheries Management Plans: business and regulatory impact assessment

Executive summary

This partial BRIA describes the anticipated economic impact of the 11 Demersal FMPs on the fishing sector and associated businesses. The demersal FMPs do not result in direct measurable impacts at this stage because the FMPs do not result in new regulation upon publication. Therefore, this document is a narrative assessment and does not include monetised or quantified costs to businesses. As specific actions are implemented, further impact assessments (by all relevant authorities) will be completed that include a more complete assessment of the monetised costs to business associated with that action.

The following options have been considered as part of the partial BRIA:

Option 1 (preferred option): Publication of Demersal FMPs

It is considered that pursuing Option 1 and publishing the Demersal FMPs would enable the Scottish Government (and the other relevant authorities in the UK) to support delivery of sustainable fisheries for current and future generations. Option 1 would also comply with the statutory obligation in the 2020 Act to prepare and publish the FMPs (the FMPs having been included in the JFS November 2022 and amended in December 2024).

As noted above, the FMPs themselves will not introduce any new regulatory measures upon publication, accordingly it is not considered their publication would introduce additional costs. The costs associated with adhering to measures which may be developed through actions identified within the FMPs depend on the specifics of the measures which are subsequently proposed. As these are currently unknown, they cannot be easily identified, or quantified. but costs could materialise through a change in landings profile, a change of fishing area, or the cost of complying with new gear and equipment regulations, as well as the subsequent overhead costs such activities might incur.

The benefits associated with measures which are developed from the actions which are identified in the FMPs following their publication depend on the specific measures proposed. As these are currently unknown, the benefits cannot be easily identified, or quantified at this time but are likely to materialise in the form of sustainable fishing opportunities that will provide fishers with sustainable economic opportunities into the future. There may also be environmental benefits realised through improving the underpinning evidence base, facilitating management decision making that considers a wider and improved range of fisheries and environmental data.

Option 1 - Publication of Demersal FMPs – is recommended.

Option 2: Business as Usual (Do Nothing) – No Demersal FMPs published.

The Scottish Government (and the other relevant authorities in the UK) have obligations arising from the 2020 Act and JFS to publish the FMPs. Before proceeding with a business as usual (BAU) option of not publishing FMPs, it would be necessary for steps to be taken to vary the current obligations (through amendments to the JFS).

As a continuation of BAU, through Option 2 is unlikely to result in any additional costs to businesses beyond those already incurred by the demersal fishing sector, and associated business. There may be some benefit in the continuation of BAU, given that it is consistent with regulatory framework of previous years, however, the impact of this benefit is unlikely to be significantly felt by businesses. Option 2 of not publishing the FMPs would lose the benefit of enabling the Scottish Government (and the other relevant authorities in the UK) to support delivery of sustainable fisheries for current and future generations.

Option 2 – Business as Usual (do Nothing) – is not recommended.

Sectors affected by the policy

The following sectors have been identified as groups who will be affected by the proposal: UK demersal fishing industry, wider UK and International demersal fishing industry operating in UK waters and UK retailers. Businesses will be invited to respond to the public consultation.

Engagement

Demersal FMPs have been informed by a range of stakeholder engagement initiatives, including a working group of over 50 industry, environmental and SNCBs stakeholders and separate bilateral meetings that took place over a number of months to gather additional views and input. This was part of a process known as ‘pre-consultation’. Feedback received as part of formal public consultation will help shape the final document.

Post implementation review

The policies and actions within each FMP will be reviewed as part of the three year review cycle for the JFS. In addition, as set out within the 2020 Act and the JFS, the FMPs will be reviewed at least every six years. The review of the FMPs will include a report on individual policies and actions and whether they have been a) implemented and b) any known interactions between the actions and health of the stock.