Business and Regulatory Impact Assessment on Nephrops Fisheries Management Plans

Section 1: Background, aims and options

Background to policy issue

The Fisheries Act 2020^[5] (‘the 2020 Act’) provides the framework to manage UK fisheries as an independent coastal state outside of the EU Common Fisheries Policy. The 2020 Act requires the UK fisheries policy authorities (Department for Environment, Food & Rural Affairs (Defra) and the devolved administrations in Scotland, Northern Ireland, and Wales) to prepare and publish fisheries management plans (FMPs) to help deliver the UK ambition for sustainable fisheries. The relevant UK fisheries policy authorities for the two Nephrops FMPs are Defra, Scottish Government and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (DAERA).

Sea fish and shellfish are a common good because they are rivalrous^[6] and non-excludable^[7]. Given this characteristic, overexploitation and overconsumption are risks unless governments intervene. In addition to this characteristic, there are also negative externalities^[8] associated with fishing itself and positive externalities associated with having a healthy and diverse marine environment. FMPs are one of many tools available to the Scottish Government (and other Governments), and managing the sustainability of fish stocks can additionally involve setting fishing quotas, introducing technical measures, or encouraging research and development.

The Joint Fisheries Statement^[9] (JFS), published in November 2022, and updated in December 2024, lists 43 proposed FMPs to be published, including two Nephrops FMPs in UK waters. The fisheries policy authorities have a statutory obligation to prepare and publish any FMP on that list in accordance with the timescales set out in the JFS.

FMPs set out the policies designed to restore one or more stocks of sea fish to, or maintain them at, sustainable levels or to contribute to that restoration or maintenance. Where there is not sufficient scientific evidence for assessing MSY, plans may also consider steps to obtain scientific evidence for this. Each plan specifies the stock(s), type of fishing and the geographic area covered. Each FMP also identifies the actions that could be used to deliver its policies. Such measures may include both existing or new regulations, statutory instruments, technical measures, or non-statutory routes such as research plans, voluntary agreements, or codes of conduct. The precise mechanisms used will depend on the policies set out in the plan and, where appropriate, will be enforced by the relevant national fisheries authority. The proposed measures could be regulatory or deregulatory, and positive or negative to business. Where actions involved proposed introduction of new measures, separate assessment, consideration, consultation and engagement on those measures would take place in the usual way before any introduction.

This BRIA has been produced to support the consultation on the Nephrops FMPs. The purpose of the consultation is to seek views from those with an interest in the plans. The consultation also seeks feedback on the evidence presented in the plans and provides an opportunity for respondents to provide additional evidence that may support the FMP policies.

Purpose/ aim of action and desired effect

The aim of West Coast of Scotland Nephrops FMP and the North Sea Nephrops FMP is that the fisheries they cover are managed sustainably, to help ensure that stocks are maintained above biomass levels capable of producing MSY and to highlight areas that could lead to refinements to management approaches in the future.

In developing the policies and actions for the two Scottish-led Nephrops FMPs, the fisheries policy authorities have considered the current policy landscape. This includes applicable international agreements and declarations, conservation advice and wider policy development already underway, in addition to considering what additional evidence, measures or policies may be needed to support both the vision of these FMPs and delivery of the fisheries objectives.

To ensure effective ongoing management of the Nephrops fisheries in the UK waters, the two FMPs identify six policies (see below) focussed on domestic and international management priorities. These policies and the individual actions that sit under each policy, are subject to the consideration of the consultation and will be prioritised appropriately to ensure realistic and measurable outputs. They were drafted with stakeholder input to meet the requirements of section 6(3) of the Act (policy 1) and the broader policies set out in the JFS (policies 2, 3,4 5 and 6).

The six policies for the West Coast of Scotland and the North Sea FMPs are to:

1. Harvest the Nephrops stocks sustainably, with biomass maintained above the level capable of producing MSY.

2. Understand and minimise the benthic impact of Nephrops fisheries.

3. Minimise the impact of Nephrops fishing activities on sensitive marine species by reducing bycatch and entanglement of these species.

4. Address discarding issues in the Nephrops fisheries and ensure that where possible all catches are accounted for against quotas.

5. Support fishing businesses to continue to deliver socio-economic benefits to coastal communities and the wider UK economy.

6. Reduce the impact of Nephrops fishing on climate change and support the fishing industry to adapt to the impacts of climate change.

There is significant overlap in policies between the West of Scotland and the North Sea Nephrops FMPs. This is intentional to ensure that there is harmonisation in management approaches and delivery as far as practicable.

Once formally published, the policies and actions within the plans will need to be implemented. This will be an iterative process, and the Scottish Government will be working closely with the other fisheries administrations, the fishing sector and wider stakeholders on implementation. Publishing the FMPs is the start of a multi-year cycle, and we will ensure that the plans strike the balance between building momentum for short-term actions and setting direction for the longer term. This can be further iterated as the evidence base is improved. The plans must be reviewed at least every six years. Cross regulator, government and industry groups have been central to the development of the draft FMPs. Stakeholder involvement and ongoing collaboration underpins successful delivery of the FMPs and will continue beyond their publication.

Options (considered so far/ still open)

Option 1 (preferred option): Publication of Nephrops FMPs

The Nephrops FMPs are published, setting out the policies designed to maintain stocks at sustainable levels by bringing together information on existing measures and available evidence, mapping where there are gaps and opportunities to fill them, setting a clear pathway to developing and introducing improved, evidence-based management in collaboration with industry/ stakeholders.

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

If there was an intention to pursue Option 2, of not publishing the FMPs, amendments to the JFS would be required.

Sectors/ Groups affected

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 UK retailers

Businesses will be invited to respond to the public consultation. This section of the BRIA will be updated following input from relevant organisations.