Fishing - Clyde Seasonal Closure: partial business and regulatory impact assessment

Section Four: Additional implementation considerations

Enforcement / compliance

Enforcement would be undertaken predominantly by Marine Directorate Compliance, operating under Scottish legislation. If the measures are found to have been contravened, a fine not exceeding £50,000 may be levied on summary conviction and an unlimited fine on indictment. The court can also order the forfeiture of any fish in respect of which the offence was committed and of any net or gear used in the commission of the offence. On summary conviction, if the court does not order the forfeiture of fish, it may impose an additional fine not exceeding the value of the fish.

The Marine Directorate is responsible for monitoring levels of fishing activity and the effect of particular fishing methods on stocks in Scottish waters, within the framework of a strategic work programme determined by the Scottish Government. It will be possible to review the effect of these measures by assessing landings data from before and after their introduction.

Since introducing the changes to the closure in 2023, Marine Directorate Compliance have undertaken increased monitoring of the closure.

UK, EU and International Regulatory Alignment and Obligations

Internal Market / Intra-UK Trade Impacts

There is not expected to be any impact on intra-UK trade as the market access for goods and services remain the same under all options, only impacting where and when fishing may take place affecting all fishers. Nor does this unduly affect fishers from other UK regions with most affected fishers being based in Scotland.

International Trade Implications

There will be no impact on international trade into and out of Scotland from the implementation of the Clyde cod spawning closure.

EU Alignment consideration

Given this is a domestic policy, the measure is unlikely to impact on the Scottish Government’s policy to maintain alignment with the EU. This was previously an EU policy, and there continues to be a linked closure in the Irish Sea.

Legal Aid Impact Test

Maintaining a hybrid approach in 2025 and 2026 would not give rise to increased use of legal processes or create new rights or responsibilities and should therefore have no new impact on the legal aid fund.

Digital Impact Test

The Clyde Cod spawning closure will not be impacted by changes in processes moving online.

Business forms

There are no plans that continuing the Clyde cod spawning closure will result in the creation of new forms for businesses to deal with, or result in amendments of existing forms.