Consultation on landing controls for the Scottish crab and lobster fisheries

Title of Proposal

Consultation on landing controls for the Scottish crab and lobster fisheries

Purpose and intended effect

• Background

Shellfish have become more important to Scotland’s fishing economy as fishing patterns have changed over the past decades. In 2014, landings of brown crab, velvet crab and lobster were worth £32 million, helping to sustain hundreds of fishing vessels around the Scottish coast.

There has been growing concern from within the fishing industry regarding the current level of exploitation of these fisheries. Fishing representatives – through the Inshore Fisheries Management and Conservation ( IFMAC) group, Inshore Fisheries Groups, and individual fishing associations – have expressed a strong desire to Marine Scotland for new management measures for these species to be introduced.

There is also growing customer awareness regarding the provenance of seafood which is leading to increasing retail demand for shellfish that comes from sustainably exploited stocks.

• Objective

The purpose of the consultation is to seek views on management measures that will afford additional protection for Scotland’s commercial crab and lobster fisheries, above those already in effect.

The local fisheries management bodies for several of Scotland’s island communities (Orkney, the Outer Hebrides and Shetland) have already moved to implement new landing controls to better manage their shellfish stocks. The management measures being proposed are in line with those introduced in the islands.

• Rationale for Government intervention

The most recent stock assessments carried out by Marine Scotland Science on brown crab, velvet crab and lobster have shown that, in the majority of areas assessed, these fisheries are being exploited above levels that allow for the largest average yield to be continuously be taken from a stock under prevailing environmental conditions.

Marine Scotland’s Inshore Fisheries Strategy sets out its vision for the management of the Scottish inshore sector. It outlines the importance of fishing to Scotland’s coastal communities, economy, culture and heritage. A key aim of the strategy is to ensure that fisheries are sustainable and well-managed in line with Scottish Government objectives and international obligations such as the Marine Strategy Framework Directive.

By introducing landing controls that have the potential to reduce the fishing mortality and increase the long-term average yield from these fisheries, the Scottish Government will be contributing positively to the management and economic returns of these stocks.

This contributes to the Scottish Government’s National Performance Framework objective of valuing and enjoying our built and natural environment and protecting it and enhancing it for future generations.

Consultation

• Within Government

Discussions have taken place with the following divisions and agencies as part of the development of the consultation’s proposals:

• Marine Scotland Compliance
• Marine Scotland Marine Analytical Unit
• Marine Scotland Science
• Scottish Government Legal Directorate

• Public Consultation

This Partial BRIA will accompany the consultation, which will be issued on 26 February 2016. The consultation documents will be sent electronically and/or by post to all interested parties registered with the Scottish Government. An electronic copy will also be placed on the Scottish Government website.

• Business

These proposals were developed following discussions with the fishing industry. This has included discussions within the Inshore Fisheries Management and Conservation ( IFMAC) group. Inshore Fisheries Groups, individual fishing associations and environmental NGOs.

Options

Option 1 - Do Nothing

Maintain the current management arrangements for Scotland’s crab and lobster fisheries.

Option 2 - Introduce new management measures

Proposed management measures include:

• increasing the minimum landing size ( MLS) for brown crab to 150 mm carapace width
• increasing the MLS for velvet crab to 70 mm carapace width
• prohibiting the landing of berried (egg bearing) velvet crab
• increasing the MLS for lobster to 90 mm carapace length
• decreasing the maximum landing size (M _axLS) for female lobster to 145 mm carapace length
• introducing a M _axLS for male lobster of 145 mm carapace length prohibiting the landing of 'crippled' lobsters (those missing one or both claws)

• introducing prohibitions on sale and carriage to match any landing prohibitions that are implemented on a uniform basis across the Scottish coast

Sectors and groups affected

The following groups are likely to be affected by any changes to the management of Scotland’s crab and lobster fisheries:

• Scottish fishermen
• Other UK fishermen operating in Scottish waters
• Fish catching/processing companies
• Marine Scotland Compliance

Costs and Benefits

Option 1 – Do nothing

Benefits

• No additional benefits are expected to arise from this policy. Fishermen can continue to be able to land crab and lobster that complies with current fisheries legislation.

Costs

• Stocks vary around the coast, but many areas have declining spawning stock biomass, high fishing mortality and fluctuating recruitment. A continuation of the current status quo may result in reduced landings as high fishing mortality reduces spawning stock biomass and fishers become more dependent on animals nearer the current minimum landing size and the long-term potential yield from the fishery is not achieved.
• There is increasing consumer interest in the provenance of produce and retailers, such as supermarkets, are making a concerted effort to ensure the fish they sell are from sustainable sources. Maintaining current provisions may result in a loss of access to potential markets.

Option 2 – Introduce new management measures

Benefits

• Increasing the MLS for brown crab, velvet crab and lobster will allow newly-undersized of individuals of these species the opportunity to grow and reproduce before being caught, potentially increasing the long term yield and biomass of their respective fisheries.
• Prohibiting the landing of berried velvet crabs will provide additional protection to mature individuals and potentially increase the stock’s reproductive potential.
• Decreasing the M _axLS for female lobster, along with introducing M _axLS for male lobster, will potentially promote reproduction in the fishery by protecting its most important reproductive individuals.
• Prohibiting the landing of ‘crippled’ lobsters (i.e. those missing one or both claws) will allow these individuals the opportunity to re-grow their limbs and achieve full market price when harvested, as well as protect stock numbers and potentially increase spawning stock biomass.
• Restricting the sale and carriage of non-compliant crab and lobster will aid in the enforcement of any new landing controls that are implemented uniformly across the entire Scottish coast.

Costs

• Increasing the MLS for brown crab, velvet crab and lobster will result in a short term reduction in landings as those individuals between the current and proposed MLS could not be caught until they have grown further.

Analysis by Marine Scotland Science analysis indicates that the percentages currently caught that would fall between the current and proposed MLS is as follows:

However, it is expected that these individuals would grow to the new MLS within a year and could subsequently be harvested.

Scottish Firms Impact Test

Discussions with the fishing industry have been built into the policy development and consultation process.

Concerns regarding an increase in effort in the creel sector were raised with Marine Scotland by static gear sector representatives in early 2015. This led to the formation of an IFMAC working group, which met in mid-2015 to further consider these concerns and feed them back to the main group. At the meeting of the working group there was a consensus in favour of increasing the MLS in the brown crab, velvet crab and lobster fisheries.

New landing controls for crab and lobster have also been a feature of meetings of Inshore Fisheries Groups around the Scottish coast, as well as discussions Marine Scotland has held with individual fishing associations.

Competition Assessment

The proposed management measures are not expected to result in any negative impact on competition. The measures would apply to all Scottish and other British fishing boats landing into Scotland.

Test run of business forms

It is not envisaged that the proposed management measures will result in the creation of new business forms.

Legal Aid Impact Test

The proposed new management measures have been discussed with the Scottish Government Access to Justice Team, who have agreed that they should have no impact on the legal aid fund.

Enforcement, sanctions and monitoring

Marine Scotland Compliance is responsible for the monitoring and enforcement of marine and fishing laws. Fishery Officers have the power to perform inspections of fishing vessels at sea or in ports, fish markets and processing factories, in order to ensure compliance with legislation. Where a breach of fisheries regulations has been detected, it will be reported as appropriate to the prosecuting authorities. This can result in a fine of up to £50,000.

Implementation and delivery plan

The proposed measures will go to consultation on 26 February 2016. The consultation will run for a period of 12 weeks and close to responses on 20 May 2016. Following the close of the consultation, Marine Scotland will perform an analysis of responses and publish an outcome report.

If respondents are in favour of the proposed measures, Marine Scotland would proceed to implement them through new secondary legislation, which would be expected to come into effect during the second half of 2016.

• Post-implementation review

Marine Scotland will monitor the impact of any new management arrangements, and consider any practical or unforeseen consequences should they arise. Any areas of concern are likely to become quickly apparent through representations made by fishing industry representatives, the IFMAC group, Inshore Fisheries Groups, or Marine Scotland Compliance.

Summary and recommendation

Marine Scotland recommends Option 2. Introducing new management measures for Scotland’s brown crab, velvet crab and lobster fisheries will help to reduce the fishing mortality and potentially increase the long term average yield and recruitment to the fishery. These are measures that can contribute positively to management of the stocks and economic returns from the fisheries.

• Summary costs and benefits table

No additional benefits are expected to arise. Fishermen will continue to be able to land crab and lobster that complies with current fisheries legislation.

• Continuing the current status quo may result in reduced landings as high fishing mortality reduces spawning stock biomass and fishers become more dependent on animals nearer the current MLS and the long-term potential yield from the fisheries are not achieved.
• Increasing consumer interest in food provenance has led to retailers making a concerted effort to ensure they sell sustainably sourced fish. Maintaining current provisions may result in a loss of access to potential markets.

• Increasing MLS for the crab and lobster fisheries will allow newly-undersized individuals the opportunity to grow and reproduce before being caught, potentially increasing the fisheries’ long term yield and biomass.
• Prohibiting the landing of berried velvet crabs will protect mature individuals and potentially increase the stock’s reproductive potential.
• Decreasing the M _axLS for female lobster and introducing a M _axLS for male lobster will potentially promote reproduction by protecting the fishery’s most important reproductive individuals.
• Prohibiting the landing of ‘crippled’ lobsters will allow them the opportunity to re-grow their limbs and achieve full market price when harvested, protect stock numbers and potentially increase spawning stock biomass.
• Introducing restrictions on sale and carriage, to match any landing prohibitions that are implemented on a uniform basis across the entire Scottish coast, will aid in the enforcement of these prohibitions.

• Increasing MLS for the crab and lobster fisheries will result in a short term reduction in landings, as those individuals between the current and proposed MLS could not be caught until they have grown further.

Declaration and publication
I have read the Business and Regulatory Impact Assessment and I am satisfied that, given the available evidence, it represents a reasonable view of the likely costs, benefits and impact of the leading options. I am satisfied that business impact has been assessed with the support of businesses in Scotland.
Signed:

Date:

Richard Lochhead
Cabinet Secretary for Rural Affairs, Food and the Environment
Scottish Government Contact point:

0131 244 6214
ross.cumming@gov.scot