Business and Regulatory Impact Assessment on Nephrops Fisheries Management Plans

Section 4: Additional implementation considerations

Enforcement/ compliance

The UK fisheries authorities have a range of powers in place to enable them to effectively enforce relevant fisheries legislation. Many of the actions contained within the FMPs relate to well-established and existing regulatory and management practices, which are enforced using a robust regulatory framework and utilising a range of compliance assets.

Where actions may lead to new measures, or measures are in the process of being implemented - for example fisheries management measures in MPAs, or additional gear technical measures - the development of these specific policies will consider what, if any, additional regulatory or compliance action is needed in order to support successful implementation of the policy.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

There is no expected impact on intra-UK trade. The FMPs will apply across relevant UK waters, and will be applied to UK (and non-UK) fishing vessels operating in these areas. Any measures that are implemented as a result of the actions in the FMPs will be applied on a level playing field basis, however, as noted elsewhere in this document, the FMPs themselves will not implement new measures. As such, the FMPs should not have any effect on downstream purchases or sales. FMPs have also been developed jointly with other UK fisheries administrations which have jointly agreed the policies and actions contained in these plans.

International Trade Implications

There will be no impact on international trade into and out of Scotland from the implementation of Nephrops FMPs. Domestic and foreign businesses will be impacted in the same way within Scottish waters.

There has been a negligible volume of Nephrops landed by foreign vessels into the UK since 2020, with no recorded landings in 2024^[16].We do not foresee these FMPs having disproportionate impacts on foreign vessel landings into the UK.

EU Alignment consideration

Nephrops FMPs are unlikely to impact on the Scottish Government’s policy to maintain alignment with the EU. We have undertaken engagement and consultation with the EU on the FMPs and the EU are also invited to comment on public consultation.

The FMPs recognise and value the work we do with the EU and other Coastal States and place any action within the context of the international management framework that we have. Where relevant, the policies and actions contained within the FMPs reflect the context already in place under the Multi-Annual Plans (MAPs). There is a strong emphasis on partnership working with Coastal States partners under bilateral and trilateral arrangements.

The UK will continue to work in collaboration with the EU and other Coastal States to ensure they are involved throughout the process and that the policies and actions contained within the FMPs reflect the shared outcomes that we have.

Legal Aid

Implementation of the Nephrops FMPs is unlikely to have any legal aid implications.

However, in most cases further policy development work will be needed for any new actions, which could include further evidence gathering or public consultation, along with the completion of appropriate impact assessments. Many of the actions are already underway and part of multi-year delivery programmes, and their development has also been subject to public consultation and appropriate impact assessments (such as BRIA).

Digital impact

Implementation of the Nephrops FMPs is unlikely to have any digital impacts.

Any new actions contained within the FMPs will be taken forward following their publication and will be subject to further policy development work, including further evidence gathering or public consultation, along with the completion of appropriate impact assessments. Many of the actions are already underway and part of multi-year delivery programmes, and their development has also been subject to appropriate impact assessments (such as BRIA).

Business forms

Implementation of the Nephrops FMPs is unlikely to bring any new forms for business to complete.

However, in most cases further policy development work will be needed for any new actions, which could include further evidence gathering or public consultation, along with the completion of appropriate impact assessments. Many of the actions are already underway and part of multi-year delivery programmes, and their development has also been subject to public consultation and appropriate impact assessments. (such as BRIA).