Business and Regulatory Impact Assessment on Nephrops Fisheries Management Plans

Executive summary

This partial BRIA describes the anticipated economic impact of the two Nephrops FMPs on the fishing sector and associated businesses. The Nephrops 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 Nephrops FMPs

It is considered that pursuing Option 1 and publishing the Nephrops 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 identified or quantified. However, future 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 identified or quantified at this time but are anticipated to materialise in the form of sustainable fishing opportunities that will provide long-term economic stability to the sector. 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 Nephrops FMPs – is recommended.

Option 2: Business as Usual (Do Nothing) – No Nephrops 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 Nephrops 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 Nephrops fishing industry, wider UK and international Nephrops fishing industry operating in UK waters and UK retailers. Businesses will be invited to respond to the public consultation.

Engagement

The two Nephrops FMPs have been informed by a range of stakeholder engagement initiatives. As part of the FMP development process, Seafish, on behalf of the fisheries policy authorities, delivered a series of stakeholder engagement events between March and April 2024. This was part of a process known as ‘pre-consultation’. Feedback from these events was used to refine draft content and to develop the actions presented in this plan. Further pre-consultation work was undertaken during 2025, with the Scottish Government sharing a draft of the West Coast of Scotland Nephrops FMP and gathering comments from stakeholders at workshops held on 29 May 2025 and 5 June 2025 and by inviting written feedback. Stakeholder knowledge has been valuable and contributed to providing the context for both the West Coast of Scotland Nephrops FMP and the North Sea Nephrops FMP, and in developing meaningful actions that will support the sustainable management of these FMPs in the future.

Feedback received as part of formal public consultation will help shape the final FMPs.

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.