Commercial fishery for razor clams using electric current gear: consultation

2. Background information

In this section, we set out background information relevant to helping you answer the questions in this consultation. This is organised by the objectives of the scientific trial. Where appropriate, the information presented here is in summary form and we provide links to publications and assessments that contain more detail. You may find it useful to refer to these publications when considering your answers to the questions we ask in section 3.

2.1 Biological and Ecological goals

We consider the evidence gathered in the trial supports the view that fishing using electric current for razor clams is a low impact method that can be adaptively managed according to insights gained and local environmental protection priorities. Findings are summarised below, however you may wish to read the Progress Report, as well as the Strategic Environmental Assessment for this consultation, which both go into more detail on trial progress, and how we think the different options considered in this consultation will interact with the environment.

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

Since the establishment of the scientific trial, fishing activity and data gathering has been authorised in ten trial areas (Figure 1). Activity has been unevenly spread among razor clam trial areas, with more consistent fishing activity in some areas compared to others. This information is detailed in the Progress Report, however it is summarised and updated with most current information in Table 1.

Note: Effort information is from REM data, landings are from FISH1 reports.

From the outset, participants in the trial were required to install remote electronic monitoring (REM) hardware that allows the Marine Directorate to monitor vessel activity. REM systems record information on when and where trial participants are fishing. Participants also supplied length data from sampled landings. Live razor clam samples were also gathered to enable dissection to aid our knowledge of the species reproduction cycle and growth rate.

From length data supplied by participants, it has been possible to carry out Length Cohort Analysis (LCA), which is a method of assessing stocks for which commercial length frequency distribution data are available. This is a stock assessment method that the Marine Directorate has used previously in the case of other species such as crabs and lobsters. The LCA method uses commercial catch composition data and estimates of growth parameters and natural mortality to estimate fishing mortality.

The Marine Directorate applied conservative criteria to select trial areas with sufficient data to carry out an LCA. These are covered in detail in appendix 3 of the Progress Report. LCA analyses have determined that fishing mortality has been below the level associated with the estimated Maximum Sustainable Yield (MSY), pointing to a sustainable level of fishing in the following trial areas:

• Forth (trial area 11);
• Clyde (trial area 9);
• Colonsay (trial area 7); and
• Broad Bay (trial area 1)

No LCA has found fishing mortality that was above the MSY level, but several areas have not met the data threshold for completing a LCA. The trial was extended to January 2027 to enable refining existing assessments and completion of new stock assessments in further trial areas.

2.1.2 To ensure sustainable harvesting levels

Landings per unit effort (LPUE) is the way in which we measure the volume of fish or shellfish landed relative to the effort spent fishing them. In the trial, we calculated LPUE by dividing the reported daily landings for each vessel by the number of hours they were actively fishing. We used the generator information from the REM system to determine when a vessel was fishing and for how long. Analysing the data gathered in the trial points to different trends in different trial areas. More detail on how we work out LPUE is available in appendix 4 of the Progress Report. Trends in LPUE are presented in Figure 2.

We also learned in the trial that clams have a spawning season in the spring. We incorporated this information into the management of the trial, by introducing a seasonal closure, ensuring that spawning could proceed uninterrupted. One matter that has been raised in relation to the seasonal closure, is that because most of the samples for this aspect of the trial came from the Forth and Clyde trial areas, there is the possibility that spawning may occur at different times in different parts of the sea around Scotland. We are interested in views on how this aspect of fisheries management could be improved by harnessing regional insights, for example varying when a seasonal closure might be imposed if we discover evidence clams in different regions spawn at a different time of year, or for a different duration.

Minimum conservation reference size

The trial implemented a 100mm minimum conservation reference size (MCRS). This is the minimum conservation reference size in use in regulation 1241/2019^[8] and this continues to be the case in both the UK and the EU. This MCRS helps ensure harvested E. magnus are mature and have had a chance to breed and maintain populations. However, in Scotland, there is evidence that a substantial portion of E. siliqua at this length may not have reached maturity. You can see a breakdown of sexual development of clams in the Progress Report. Participants have expressed the view that this should be increased to protect razor clam stocks from overexploitation. In practice most clams that have been harvested in the trial have been much larger than 100mm as there is a strong market preference for larger clams. We know that razor clam populations in different trial areas have different size ranges: a MCRS of 125-150mm would have reduced landings by between 1 to 10% in different areas across the trial period. On this basis, we consider it possible to raise the MCRS above the 100mm standard in the assimilated regulation while allowing viable commercial fishing, and seek views on what an appropriate revised MCRS may be.

2.1.3 To gather further information about the impacts of the electrofishing method on target and non-target species

Impacts on target species

We have gathered further information on the efficiency of the electric current method, and have gained insights on the impact of the method on population structure. The electrofishing method has been found to remove approximately 80% of razor clams in a towed area of seabed. This is less than the estimate of 90% for suction dredging^[9]. As noted, fishing appears to be at a sustainable level in the areas for which we have sufficient data.

Different surveys have highlighted that razor clams are patchily distributed, and fishing has had mixed effects on populations. For example, razor clam density was higher in fished versus unfished areas in the Colonsay trial area^[10], but the opposite was the case in the Clyde trial area^[11]. Recruitment in the Forth trial area appears to be from within fished grounds, rather than unfished refuges^[12]. Selective removal of large clams often changes population structure in fished areas, but this is not always the case and the relative abundance of small versus large clams varies by location. This highlights that razor clam population dynamics are likely to be highly regional across Scotland’s seas.

Impacts on non-target species

In 2014, Marine Directorate scientists published a trawl and tank based study that determined that fishing with electrodes of the sort used by razor clam fishers showed promise as a low impact method of fishing. Target and non-target species observed to be stunned by electrodes showed no long-term behavioural effects, and tank experiments on razor clams, surf clams, starfish and hermit crabs showed no effect of electric current on short term survival.

Following the establishment of the scientific trial, a PhD project in collaboration with the Scottish Association for Marine Science^[13] began to look into these interactions in greater detail. The findings of this project corroborated the previous work by Marine Directorate scientists, confirming that electric current causes short-lived or undetectable effects in shore crabs and starfish. Building on the earlier work, physiological stress markers were measured^[14]. Short term increases and seasonal effects were observed in shore crabs, but stress marker levels returned to baseline within 24 hours of stunning. No effects of electric current on stress markers were observed in starfish.

This PhD project had planned to incorporate a study on two other groups identified as most likely to interact with this fishing method: flatfish and sandeels. The period of COVID restrictions placed severe limitations on aquarium availability and unfortunately this element of the planned work has not been completed. We recognise this represents a gap in our knowledge, however following completion of a Fisheries Assessment^[15] for the scientific trial, we do not think it is likely, given the scale of razor clam fishing, that the activity is capable of significantly adversely affecting sandeel or other fish populations.

Advice was sought from NatureScot on the trial in 2017, and in 2024. Following advice received in 2025, a fisheries assessment was published in 2026 that found that there was a risk of adverse impacts on some seabirds and priority marine features, leading to changes in management of the fishery. In the remaining period of the trial, closed fishing areas appropriate to the species in question have been implemented. Following completion of this assessment, our view is that the likelihood of a razor clam fishery having significant adverse effects on sandeel abundance and distribution is low, particularly as commercial fishing for sandeel in Scottish waters has been prohibited since 2024^[16]. Nonetheless as this goal was not achieved during the trial, we are interested in whether we should prioritise research that addresses this objective in future.

2.2 Economic goals

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

Since the establishment of the trial, annual reports have been published that cover the economic benefits delivered. The number of active vessels has varied from year to year, as has the level of employment (Table 2). What has emerged as the trial has continued is a reduction in irregular employment (persons who do not earn their primary income from fishing) towards a stable level of regular employment by persons whose primary income is derived from fishing.

Landings of razor clams have varied between 550 and 947 tonnes annually, with a landed value of between £4.2 and £7.6 million (Table 3).

Note: * ‘Active vessels’ refers to any vessel that was part of the trial and caught any amount of razor clams during the calendar year. This includes vessels that left or joined the trial at any point during the calendar year. N.B. the trial year runs from February to January.

An important feature of the trial is that the landings are widely distributed. In 2023, landings were reported from 17 ports in 5 districts. These are small ports where the economic activity of the trial has a proportionally greater impact than if landings were into the major fishing ports in Scotland (Figure 3).

2.2.2 To support the Scottish inshore fishing sector, in particular diversification opportunities for the sector

Over 50% of Scotland’s active inshore fishing fleet has a degree of reliance on a narrow range of shellfish stocks^[17], with the notable exception of Shetland-based vessels which have greater focus on targeting demersal and pelagic fish. The trial was intended to develop our understanding of the potential for targeting razor clams as a diversification opportunity.

All vessels that participate in the trial have domestic fishing licences that entitle them to fish for other species, however the specialised fishing gear and dive equipment necessary to safely fish for razor clams means that often participants have tended to focus the whole of their fishing activity on razor clams (Figure 4).

2.2.3 To support Scottish based businesses associated with the inshore fishing sector

The trial also supports further economic activity and employment for people in the wider supply chain associated with these vessels in Scotland, and in the transportation of the product to market. Trial participants typically market and sell their own products or sell them on to shellfish buyers. When marketing their own products, producers employ graders and business support managers to secure the best possible prices and access to suitable markets. This activity directly supports and stimulates local economies.

Processors

A significant portion of razor clams landed by trial participants are transported to the Asian market by air, often from Glasgow Airport. Razor clams are also transported to the European market and to the domestic market. All razor clams are transported live, packed in ice inside insulated boxes, with required paperwork dependant on where they were caught and location of final sale destination. The export focus drives expenditure on transport schemes, road and air, necessary to get the product to the buyers.

Dive contractors

The razor trial offers dive contractors an alternative avenue of employment compared to working in other rural and island marine economy sectors such as aquaculture. This can mean greater potential of working closer to their local communities, allowing them to remain with their families, work more sociable/flexible hours, and varying shift lengths.

The trial has contributed to expenditure on diving contractors, who are responsible for the maintenance of gear, training and necessary qualifications for trial divers, as well as the harvesting activity itself. This has attracted staff with the required qualifications and fitness to work in the trial. Each trial vessel usually has a team of around five divers, with two being present and ready to dive when active fishing is taking place. This means divers involved in this trial are active across Scotland.

Chandlery

The trial currently includes 19 vessels actively fishing under a derogation, and these vessels must remain seaworthy/MCA compliant to retain it. Each vessel must undergo routine maintenance and checks, involving expenditure with local chandlery and associated businesses. The vessels require generators, fishing equipment and storage that must all be used regularly and replaced if damaged.

2.3 Social goals

2.3.1 To support economic activity in Scottish coastal communities with benefits of the trial delivered locally

The trial has supported economic activity in each area where fishing or processing has been undertaken. This consists of the benefits of local employment and corresponding expenditure on local goods and services, as well as the cultivation of business relationships. .

The majority of vessels participating in the trial are Scottish-based businesses operating Scottish-registered vessels, and as noted in section 2.2 they predominantly operate from and land to minor ports.

2.4 Best Practice and Management Goals

2.4.1 To develop the operational measures required for a sustainable fishery

Bespoke terms and conditions were produced for the trial, which established in detail the particular conditions under which participating vessels were required to operate. These covered aspects such as responsibility and compliance with all applicable laws and regulations relating to vessels, crew and operations. The terms and conditions specified the parameters of the electric current fishing gear, and the process by which vessel activity would be monitored by the Marine Directorate. In addition, the terms and conditions made explicit the regulatory access expected for both the Health and Safety Executive and Food Standards Scotland, and set clear examples of activity type that would likely result in administrative action up to and including termination of authorisation to participate in the trial.

Specific technical measures were established for the sustainable management of the trial. These were:

• A 450kg daily limit on landings;
• A minimum conservation reference size for landed clams of 100mm;
• A maximum days at sea limit of 110 days;
• Spatial restrictions on where vessels participating in the trial can operate;
• The requirement to transmit remote electronic monitoring (REM) data, showing position and generator activity; and
• (Beginning in 2024) a one-month seasonal closure, informed by information on spawning activity learned during the trial.
• (Beginning in 2026) seasonally closed areas to reduce risk of disturbance to seabirds.

Fishing activity was only authorised within classified Shellfish Harvesting Areas, with Food Standards Scotland ensuring harvested clams were safe for human consumption and taking necessary protective steps in response to sample results, as is routine for all harvesting of wild shellfish in Scotland.

The trial today operates as part of routine fisheries management, with coastal operations staff experienced in the additional management measures in place.

2.4.2 To ensure that trial participants are compliant with its terms and conditions at all times

The introduction of a legal scientific trial fishery with bespoke terms and conditions was instrumental in bringing what was an illegal, unreported and unregulated fishery into effective regulatory oversight. Few breaches of terms and conditions have occurred during the trial, and where major breaches have occurred they have resulted in swift administrative action up to and including withdrawal of permission to fish for razor clams (Table 4).

Marine Directorate Coastal Operations enforce the terms and conditions of the trial. They employ a risk-based approach to the inspection of vessels participating in the trial and deploy both land and sea-based resources to monitor the vessels.

As per the trial terms and conditions, the owner of each vessel participating in the trial is entirely responsible for the purchase, installation and maintenance costs of all fishing apparatus, generating gear, and monitoring equipment specified by the Marine Directorate as necessary to participate in the trial. This includes a bespoke REM device which is proving to be a highly valuable tool for both scientific data collection purposes and compliance management. All MD coastal offices and the Marine Protection Vessel fleet have access to live positional data of the vessels to aid inspections.

REM tracking indicates consistently high fidelity among participants to the Shellfish Harvesting Areas within trial areas (Table 5).

A copy of the trial’s terms and conditions must be kept on board the vessel at all times. The Marine Directorate reserves the right to amend any of the terms and conditions of the trial when it considers change necessary. Such notice is communicated in accordance with The Sea Fishing (Licences & Notices) (Scotland) Regulations 2011^[18].

If vessels breach the terms and conditions of the trial enforcement actions available include the issuing of verbal or written rebriefs, advisory letters, warning letters, and removal or suspension of the scientific derogation which is a condition of their fishing licence. Participants and vessels may also be removed from the trial permanently. Ministers also have the power to suspend or revoke a trial participants’ underlying sea fishing licence and/or make a referral to the procurator fiscal to take forward a prosecution. Coastal officers are made aware of changes to licences and licence conditions in order to regulate the trial fishery effectively. Only vessels with a derogation are permitted to operate electrofishing gear. This is strictly enforced.

Minor breaches in trial conditions have resulted in verbal and written rebriefs being issued and advisory letters have been issued. Administrative action was taken against four vessels who were permanently removed from the trial, in trial year 2022-23, for serious non-compliance.

2.4.3 To ensure that shellfish harvesting is safe and compliant with all relevant regulations

Diver safety – lead regulator Health and Safety Executive

Diving inspectors from the Health and Safety Executive (HSE) have assisted the Marine Directorate (MD) during the trial, in ensuring the activity follows relevant regulations and that the working environment is safe.

During the trial, participants were assessed for compliance with the Diving at Work Regulations 1997^[19]. This gave the inspectors an opportunity to ensure that diving risk assessments and diving project plans for those invited to participate in the trial were fit for purpose and that the divers were suitably qualified to carry out such work. The guidance associated with these regulations has been updated from time to time and the HSE has led on ensuring trial participants were aware of this.

Initially, HSE vetted the dive teams working on trial vessels, but in recognition of the high level of compliance, this is no longer part of routine administration of the trial.

Food safety – lead regulator Food Standards Scotland

Food Standards Scotland (FSS) is the Competent Authority responsible for undertaking Official Controls (OCs) to determine the safety of marine waters used for the harvesting of live bivalve molluscs (LBMs) in Scotland. FSS continue to support the trial by only classifying/monitoring razor clam harvesting areas that sit within MD’s designated trial zones.

Trial fishers submit catch samples to FSS for classification from their relevant trial areas. In common with standard practice for all harvesting of shellfish in Scotland, the results of this programme are used to determine whether an area should be open or closed for harvesting depending on the levels of microbiological and chemical contaminants, including marine biotoxins.

Food Standards Scotland is responsible for ensuring that shellfish from designated harvesting areas meet the health standards laid down in EU Regulation 853/2004^[20]. Any suspected breaches of food law are referred to FSS for further investigation.

2.4.4 To encourage good stewardship amongst trial participants

Scottish Razor Clam Association

The Marine Directorate works closely with the Scottish Razor Clam Association to coordinate communications/engage with the majority of trial participants. Not all participants are affiliated with the Association but the majority are. The Association operates as a forum and point of liaison where fishers can raise issues/suggestions and advocate on their behalf. The Marine Directorate maintains an open dialogue with the Association and hosts regular meetings and workshops to facilitate a positive relationship. Maintaining regular contact allows for rapid dissemination of any relevant information to trial participants.

Data contributions

Trial participants continue to submit length samples to Marine Directorate fisheries scientists and live samples to Food Standards Scotland (FSS) for testing.

FSS have 20 areas classified due in part to data contributions from participants and the majority of these areas have been given a classification of A (fit for human consumption). FSS test razor clams, as bivalve molluscs, for E.coli and other bio-toxins.

Samples of live razor clams collected by trial participants have been transported to the Marine Laboratory in Aberdeen for processing. To gather information on the length of landed razor clams, detailed instructions for sampling and measuring razor clams were sent to trial participants and the associated processors. Length measurements (recorded as numbers of razor clams at length in 0.5 cm intervals), the total weight of the sample measured, and the total weight of the landing from which the sample was taken were recorded onto data sheets. The vessel name, vessel PLN (port, letter and number), date of fishing activity and the name of the trial zone (Outer Hebrides, West Coast NW, West Coast SW or Firth of Forth) were also detailed along with additional information on fishing ground if known (shellfish production area, local bed or site). As a minimum, vessels have to submit one sample per month when fishing.

The data contributed by the participants directly helped with the production of the progress report compiled by the Marine Directorate. The self-sampling from the fishers has been crucial in the completion of stock assessments. The Marine Directorate also used this data in the creation of an interactive dashboard showing activity in the trial^[21].

2.5 Other razor clam fisheries

Several razor clam fisheries operate in other countries, the most notable of which are the Dutch North Sea fishery, the Irish Sea razor clam fishery and the potential razor/mixed shellfish fishery off the Dengie peninsula in England.

2.5.1 The Netherlands

The Dutch fishery has been certified by the Marine Stewardship Council (MSC) since 2012 and their catch species is the non-native Atlantic Razor Clam (Ensis leei). The fishery is significantly larger in scale than the Scottish trial, with a reported catch of 5,415 tonnes in 2023 with an estimated market value of around €50 million. The catch is sold mainly to European markets. All Dutch Ensis fishers must have a special licence for the modified hydraulic dredging gear used in this fishery, meaning there is low risk of gear non-compliance. In April 2018 Dutch fishers were provided with a nature licence in addition to their fishing permit which allows them to fish within Natura areas after an assessment concluded this specific Ensis fishery had no significant adverse effect on Natura interest features, measures applied to this fishery following appropriate assessment include:

• closed areas
• a TAC intended to preserve food availability for seabirds
• days at sea limits
• gear specifications
• speed limits
• distance limits in relation to seabirds
• licence limits

This is a different species to that found in Scotland and has different habitat and lifestyle that make hydraulic dredge fishing viable in these conditions. It is a shorter lived, deeper burrowing species, and in the Waddensee area, clam density is far higher than E. siliqua and E. magnus in Scotland’s seas (often hundreds and in rare cases thousands of clams per square metre^[22] compared to typically fewer than ten clams per square metre in Scottish waters) meaning diver gathering is impractical. While there are fewer vessels active in this fishery, Dutch vessels are significantly larger than Scottish vessels (25-43 metres overall length^[23] compared to 8-12m for Scottish vessels), with a much higher catching capacity. The Total Allowable Catch (TAC) for the fishery is set at 17,500 tonnes and hasn’t been totally utilised annually to this date: uptake in licences is modest due to the high accreditation bar from MSC^[24].

2.5.2 Ireland

The Irish fishery also uses hydraulic dredging to fish for razor clams (Ensis siliqua) via a Total Allowable Catch (TAC) system. Unlike the Scottish trial fishery, there is no cap on vessel numbers, and any vessel in possession of the analogous sea fishing licence is entitled to fish for razor clams, provided it meets certain conditions. Between 40 and 80 vessels have been active in the Irish fishery in recent years. The fishery has technical measures, which are:

• a weekly landing limit of 600kg
• region-specific limits such as a ban on Sunday fishing and a MCRS of 125mm in the North Irish Sea
• compulsory REM vessel tracking
• gear specifications
• closed areas
• regional TACs

Fishers operate in the North and South Irish Sea, with landings of 500-650 tonnes in 2021-24, with an estimated value of €6 million and the main market for their product is Asia. The unit price in the Irish fishery is lower at between €4-10 per kg, varying between grade and shell quality/damage in comparison with that achieved in the Scottish trial fishery, £6.50-10 per kg^[25]. The Marine Institute (MI) has previously advised that razor clam stocks in the Irish Sea are over-exploited, with indicators (daily landings per sea-fishing boat, catch per hour) declining significantly and persistently over time^[26]. Activity occurs within or close to Natura sites, and management of the fishery integrates the conservation objectives of relevant sites.

2.5.3 England

There has been interest in fishing razor clams in England, though there is no commercial fishery in operation at present. The North Western Inshore Fisheries and Conservation Authority (IFCA) published a report in 2018 examining the potential for such a fishery^[27], and more recently there have been calls to begin fishing the Buxey Sandbank in England, which is home to a variety of shellfish stocks, including cockles, manila clams and the non-native American razor clam (Ensis leei). Kent and Essex IFCA has investigated this matter, however the beds are within the Blackwater, Crouch, Roach and Colne Estuaries MPA and there are no current plans to permit fishing for razor clams.

2.6 The EU position on Fishing with Electric Current

There are prohibitions on the use of fishing with electric current around the world, often with the aim of avoiding overexploitation of marine resources and/or harm to protected species and habitats. The EU has a longstanding position of prohibiting fishing using electric current. That remains the UK position through assimilated Regulation 2019/1241.

Recitation of 11 of this regulation mentions fishing with electric current alongside methods such as explosives, poisons, stupefying substances and pneumatic hammers, describing them as ‘destructive fishing gear or methods’. The formal prohibition is set out in Article 7 of the Regulation.

The first EU-wide prohibition on fishing with electric current emerged in Regulation 850/98. At this time, unregulated use of electric current, for example in trawl fisheries in east Asia, was an emerging environmental issue leading to indiscriminate fishing and resulting in a series of regional and national bans across the world. Regulation 850/98 was repealed and replaced by Regulation 2019/1241, during which time a significant portion of the Dutch beam trawl fishery had adopted electric pulse beam gear targeting flatfish as part of a scientific programme that was subsequently terminated. ICES published advice^[28] following regulation 2019/1241 coming into force, suggesting that the method offered several advantages in terms of environmental impact, but stressed this advice applied to that specific method in the North Sea. On the basis of earlier advice by ICES published on 30 May 2018^[29], the Netherlands challenged the decision of the Council of the European Union and the European Parliament to retain the prohibition. However, the European Court of Justice^[30] considered there to be sufficient uncertainty about the environmental impact of this method, and sufficient discretion in what factors the European Parliament considers when making fisheries regulations, to reject a request to annul Article 7 of the regulation, therefore the prohibition remains in place in the EU.

We do not consider that the electric fishery proposed here to be comparable to the methods used in the former Dutch pulse trawl programme, as that activity involved large trawl vessels operating across extensive areas of the southern North Sea, whereas the Scottish approach uses low‑voltage electric current solely to harvest clams prior to diver‑led hand collection. Through our trial we have established that the method enables highly selective, sustainable fishing with appropriate management, and our fisheries assessment demonstrates this can be achieved with appropriate regard for conservation objectives. The gear type, scale of operation, and environmental footprint are therefore fundamentally different, and the available scientific evidence supports treating the Scottish method as a distinct, lower‑impact activity.

EU Alignment considerations in Scotland

The trial operates under the conditions set out in Article 25 of Regulation 2019/1241. One of those conditions is that fishing operations by commercial vessels for the purpose of scientific investigations must be limited in time. We are of the view that sufficient scientific evidence has been gathered to bring aspects of this scientific trial to an end. We are also of the view that the evidence supports moving towards a limited and restricted commercial fishery. This would require us to amend assimilated Regulation 2019/1241 insofar as it relates to Scotland to include a further exemption to the prohibition on fishing with electricity in Article 7. It would also require us to amend The Razor Clams (Prohibition on Fishing and Landing) (Scotland) Order 2017 to provide a further limited exemption from the prohibition on fishing for and landing razor clams. These changes would be subject to scrutiny by the Scottish Parliament. We would continue to gather scientific evidence as part of the fishery but Ministers would have the power to authorise a limited commercial fishery.

The scientific evidence gathered through the trial has shown that the electric current fishing method is low impact, less destructive and less likely to result in overfishing than hydraulic dredges and that current stock levels can support a sustainable fishery. We have also demonstrated effective regulatory control of the fleet segment. The Scottish Government’s policy on alignment with the EU is on the basis of either maintaining or advancing standards. In this instance Scotland is advancing standards as the proposed method has a lower environmental impact than any reasonable alternative. As a result, although we may be regulatorily diverging from the EU if a commercial fishery is established - the result would mean we are maintaining and advancing environmental outcomes.