Commercial fishery for razor clams using electric current gear: consultation

1. Introduction

Razor clams are a shellfish species residing in sandy habitats in shallow inshore water around Scotland. They have been fished through a variety of methods in recent times, from artisanal hand-gathering on the shore, to dredging, and most recently in a scientific trial using electric current. In Scotland, two species are harvested: Ensis magnus and Ensis siliqua.

The scientific trial on fishing for razor clams using electric current has been underway since 2018. The Scottish Government is now seeking views on whether a commercial fishery for razor clams should be established, based on the findings and outcomes of the scientific trial.

1.1 Background to the razor clam scientific trial

Fishing with electric current is prohibited under assimilated law (formerly known as retained EU law)^[1]. Fishing for razor clams other than limited hand gathering of razor clams is prohibited in domestic law.^[2] An illegal, unreported and unregulated (IUU) fishery operated in Scottish waters prior to 2018, using electric current gear. This presented an unacceptable risk to consumers, buying shellfish harvested from grounds that were not assured to be subject to regulation by Food Standards Scotland; to crew, who were not operating in an environment with regulatory oversight by the Health and Safety Executive, to razor clam stocks, that were not being assessed by fisheries scientists; and to the wider marine ecosystem. The IUU fishery presented a significant enforcement challenge, requiring substantial resources to discourage fishing in some areas.

Recognising there was a need to improve our understanding of the risks inherent in this form of fishing, Marine Directorate fisheries scientists carried out a study, which indicated that electric current gear of the type in operation within the IUU fishery did not appear to have significant short term lethal effects, or prolonged behavioural effects on non-target species^[3].

Prompted by these findings, the Scottish Government consulted on the establishment of a commercial razor clam fishery using electric current in 2016^[4]. Respondents recognised that the fishing method had potential to be a lower impact extraction method compared to other gear types, but also expressed concerns about information gaps in relation to the effect of fishing with electric current on the wider marine ecosystem, and the sustainability of any such fishery.

In response, the Scottish Government announced the establishment of a scientific trial ^[5] which followed advice from the EU Scientific, Technical and Economic support to the Common Fisheries Policy (STECF) committee to carefully build information and develop a management plan ensuring sustainable operation.

The bespoke trial commenced in 2018, in the furtherance of the following objectives:

1.1.1 Biological and Ecological goals

I. to gather local level information on razor clam populations and stocks, including accurate data gathered by trial participants to supplement stock survey work

II. to ensure sustainable harvesting levels

III. to gather further information about the impacts of the electrofishing method on target and non-target species

1.1.2 Economic Goals

I. to develop understanding of the economic benefits that can be achieved for Scotland and its local coastal communities through an electrofishery for razor clams

II. to support the Scottish inshore fishing sector, in particular diversification opportunities for the sector

III. to support Scottish based businesses associated with the inshore fishing sector

1.1.3 Social Goals

I. to support economic activity in Scottish coastal communities with benefits of the trial delivered locally

1.1.4 Best Practice and Management Goals

I. to develop the operational measures required for a sustainable fishery

II. to ensure that trial participants are compliant with its terms and conditions at all times

III. to ensure that shellfish harvesting is safe and compliant with all relevant regulations

IV. to encourage good stewardship amongst trial participants

As set out above fishing with electric current is prohibited in the EU and in the UK. The prohibition is in Article 7 of EU regulation 1241/2019 and does not apply in the case of fishing that is conducted for the purpose of scientific investigation, as detailed in Article 25.

Fishing for and the landing of razor clams is prohibited by The Razor Clams (Prohibition on Fishing and Landing) (Scotland) Order 2017^[6] save for small scale hand gathering from the shore for personal consumption, and landing and commercial sale of razor clams when fishing is carried out for the purpose of scientific investigation.

Since 2018, the scientific trial has been in operation (hereafter referred to as ‘the trial’). Every year, a retrospective annual report on progress has been published. In addition, a series of scientific reports have been produced, and in 2024 we published a comprehensive progress report on the biological and ecological goals of the trial ^[7]. These are covered in more detail in Section 2.

1.2 Why we are consulting?

We are now seeking views on the establishment of a limited commercial fishery. We are also seeking views on the possibility of a more focused trial in areas where further evidence is needed to inform decisions about future commercial fishing opportunities.

Section 2 of this document summarises the findings of the scientific trial to date. This is organised according to the goals of the trial.

Section 3 presents options for the establishment of a commercial fishery, seeking your views on them. We are interested in your views on moving from a scientific trial to a limited commercial fishery, and what controls should be put in place to ensure this remains a low environmental impact activity. We are particularly interested in how a commercial fishery for razor clams might contribute to island communities.

Section 4 is a call for evidence for other aspects of managing a razor clam fishery that we would look to introduce in the future, if Ministers were to decide following consideration of the responses to the consultation that a commercial fishery should be established.

We believe that the establishment of a commercial fishery is an appropriate next step for razor clam fishing in Scotland. The progress report on the biological and ecological goals of the trial indicates that it is possible to fish for razor clams at a level that ensures the sustainability of the activity. The stock assessments contained in that report have been updated and expanded upon, and we discuss these details in Section 2. If, following consideration of views in this consultation, Ministers decide to proceed with establishing a commercial fishery, this would be informed by findings to date and our broader approach to management of non-quota stocks in the inshore zone (seas around Scotland within 12 nautical miles of the coast).