Commercial fishery for razor clams using electric current gear - consultation: strategic environmental assessment report

3. The Plan

3.1 Outline of Plan

The Scottish Government intends to seek views in a public consultation on the future status of fishing for razor clams in Scottish inshore waters. By future we mean following 31 January 2027, the date at which the trial is expected to come to an end. This will ask respondents to contribute views on:

• Whether a commercial fishery should be established
• The size and scope of such a fishery
• Details on how a commercial fishery should be managed
• Whether there is a case for a new scientific trial and what objectives it may pursue
• Whether as an alternative, fishing using conventional gear such as dredging should be legalised instead.

There are three broad outcomes that could emerge from the consultation:

1. The trial concludes and a commercial fishery is established

2. The trial concludes and commercial fishing for razor clams returns to prohibition

3. The trial concludes and a new trial is established either as a standalone project or in parallel to the establishment of a commercial fishery

Each of these options are anticipated to have different direct and indirect impacts on the environment, which are characterised below.

3.2 Main Objectives

The main objective of the plan is to arrive at a consultation outcome that determines the long-term future for fishing for razor clams in Scotland.

Our view is that there is sufficient evidence for us to consider a transition from a scientific trial to a commercial fishery with appropriate constraints on size and effort of such a fishery. However, we recognise that there are uncertainties and evidence gaps, as there are in all fisheries, and so we are interested in views for different outcomes as outlined above.

3.3 Relationship with Other Plans

Other forms of fishing activity occur to a greater or lesser extent in the areas in which Scottish Ministers have authorised razor clam trial activity. Razor clam fishing is considered to be a type of mobile demersal fishing, albeit one that bears little similarity with mechanical gears such as dredge or trawls. There is a separate programme of work within the Scottish Government fisheries management function that intends to improve inshore fisheries management (Inshore Fisheries Management Improvement, IFMI). A Call for Evidence was published for IFMI in 2024, and this programme of work is in development in parallel with the razor clam trial. Respondents to the IFMI call for evidence advocated a regional approach to management informed by best available knowledge. Here we organise environmental baseline by Scottish Marine Region (SMR). This does not presuppose that SMR will be the model that the IFMI programme ultimately adopts, or indeed that this is the most appropriate regional management model for razor clams. Further consultation is planned on the regional model to be used in inshore fisheries management in Scotland. The views and advice of fisheries scientists will be used to determine the most appropriate regional management unit for razor clam fishing.

3.4 National Environmental Protection Objectives

3.4.1 Scotland’s National Marine Plan

The relevant general and sector-specific policies from the National Marine Plan (NMP) and how they have been considered are described in this section. The fishing activity considered in this plan occurs at short distances from home ports and involves towing lightweight fishing gear at slow speeds, resulting in relatively low emissions for a fishing activity, according with General Policy 5 (Climate Change). Inshore fishing activity at small scale is inherently low-visibility and in keeping with the coastal environment where these vessels are located, according with General Policy 7 (Seascape). Existing harbours would be used by fishing businesses and no infrastructure works are required that would affect sediment transport or flood risk, according with General Policy 8 (Coastal Process and Flooding). We are consulting on a limited commercial fishery where we have demonstrated activity can be managed with the advice of NatureScot so as to avoid significantly adversely affecting the national status of Priority Marine Features (PMFs) to accord with General Policy 9 (Natural Heritage). General Policy 10 (Invasive non-native species) and General Policy 11 (Marine Litter) would be met through existing control arrangements that apply to all inshore fishing vessels. The plan accords with General Policy 19 (Sound Evidence) through the use of findings of the trial and existing conservation advice, recognising evidence gaps and uncertainty require a degree of precaution. The plan seeks to continue using findings to inform fisheries management demonstrated during the scientific trial and thus accords with General Policy 20 (Adaptive Management). The plan will accord with General Policy 21 (Cumulative Impacts) as set out in that section of this report.

Other general policies were scoped out of consideration for this report, however all general policies will be assessed in relation to this plan at the point of publishing the consultation outcome.

3.4.2 Guiding Principles on the Environment

We have regard for the principle that protecting the environment be integrated not the making of policies by the intention to seek views on the appropriateness of existing technical measures in the trial for a commercial fishery, as well as views on how effort and access to grounds could be managed to avoid overfishing. We have regard for the precautionary principle as it relates to the environment through the imposition of a seasonal closure upon learning about razor clam spawning seasonality, as well as the introduction of area-specific closures to reduce the risk of disturbance of protected seabirds. Both are features we would plan to continue in a commercial or new trial outcome. We have regard for the principle that preventative action should be taken to avert environmental damage through the establishment of technical measures and proposals to continue these in a commercial or new trial setting. We have regard for the principle that environmental damage should as a priority be rectified at source by the practice in the trial of removing permission to fish for razor clams for vessels found to have committed serious breaches of the terms and conditions, an approach we propose to continue in a commercial or new trial outcome. We have regard for the principle that the polluter should pay by our intention to engage with Scotland’s Circular Economy Strategy, as fishing is part of the food sector identified as a priority sector for a circular economy roadmap.