Scottish Offshore Marine Protected Areas (MPAs) - fisheries management measures: final business regulatory impact assessment

Executive summary

Issue and why it needs to be addressed

The Scottish Government is committed, both nationally and internationally, to protecting marine biodiversity and conserving the marine ecosystem. Scotland’s network of Marine Protected Areas safeguards some of the country’s most important natural and cultural heritage features. Introducing effective fisheries management measures in offshore MPAs is a crucial step toward fulfilling these conservation commitments.

Scottish Ministers have a legislative duty to implement conservation measures in Special Areas of Conservation that align with the ecological needs of the habitats and species for which these sites are designated. Additionally, under the Marine and Coastal Access Act 2009 and the Marine Scotland Act 2010, Ministers must carefully exercise their functions when these may significantly affect Nature Conservation Marine Protected Areas.

For Special Areas of Conservation (SACs), the key obligations are established under the Conservation of Offshore Marine Habitats and Species Regulations 2017 (“the 2017 Regulations”). These regulations require the implementation of necessary conservation measures aimed at protecting the designated habitats and species. As part of this, measures must also prevent any deterioration or significant disturbance to these protected sites.

For Nature Conservation Marine Protected Areas (NCMPAs), Ministers are legally required to act in accordance with section 125 of the Marine and Coastal Access Act 2009. This means that when carrying out their functions, Ministers must do so in a way that best advances the conservation objectives of the site. Where it is not possible to fully further these objectives, Ministers must ensure that their actions least hinder the achievement of conservation goals.

Intended outcomes

Fisheries management measures will mean that only certain types of fishing are permitted within the protected area, and the measures proposed will depend on the sensitivities and distribution of protected feature, and associated conservation objectives. These measures would work towards achieving site conservation objectives and supporting our commitments to biodiversity and the climate crisis.

Options

Scenario

Option 1

• Overview: Developed with stakeholders. Zonal or full site restrictions to specified gear
• Description: Restrictions for specified gear identified as requiring management. For 15 sites these are zoned restrictions, 5 sites these are full site restrictions

Option 2

• Overview: Full site restriction for specified gear
• Description: Prohibit use of specified gear identified as requiring management from entire site

Option 3

• Overview: Do nothing
• Description: No additional management

Sectors affected

The commercial fisheries sector is most likely to be directly impacted by MPA management measures, as a number of restrictions are placed on the type of vessel and gear that can be deployed within the MPA boundary. The measures under Option 1 have been developed with stakeholders from the commercial fisheries sector.

Engagement completed, ongoing and planned

Management proposals were developed between 2013 and 2022 with stakeholders. Scientific and conservation advice was provided by JNCC on the sensitivity and distribution of the protected features at each site and advice on management options. A formal public consultation was undertaken in 2024.

Anticipated impacts (intended and unintended, positive and negative) and mitigating actions

Option 1 Benefits

• Measures have been developed with stakeholders over 10 years following scientific advice from JNCC. These measures would work towards achieving site conservation objectives and supporting our commitments to biodiversity and the climate crisis.

Option 1 Costs

• 9-34 FTE reduction in employment year on year (over 20 years)
• This option would present higher public sector costs due to the intricacies around monitoring of comparatively small zones within a site.
• A total annual loss in value of landings of 0.13% – 0.46% is estimated, based on gross value of landings of Scottish vessels in 2019.

Option 2 Benefits

• Measures under this option follow scientific advice from JNCC and provide a greater level of environmental protection. Evidence shows there will be environmental benefit, however the scale of this in comparison to Option 1 cannot be assessed in full confidence.

Option 2 Costs

• This option would result in an estimated 61-101 FTE reduction in employment year on year.
• A total annual loss in value of landings of 0.83 – 1.38%, based on gross value of landings of Scottish vessels in 2019.

Option 3 Benefits

• Not applicable

Option 3 Costs

• Not applicable

Enforcement/ compliance

Responsibility for compliance, monitoring and enforcement of the provisions will be carried out by Scottish Government Marine Compliance. Reserved issues will continue to be addressed by the respective departments within the UK Government.

Recommendations/ implementation plans

It is proposed that fisheries management measures are implemented within MPAs within the Scottish offshore region to support achievement of site conservation objectives. Scottish Ministers will decide upon the fisheries management measures to take forward. It is intended that the Marine and Coastal Access Act 2009 and Sea Fish (Conservation) Act 1967 will be the legislative mechanisms used to implement those measures. Once in place this will mean that infringement of the management measures will be a criminal offence.

Evaluation and monitoring of implementation/ review of BRIA

There is a requirement under the Marine (Scotland) Act to report and review the network every six years. Once fisheries management measures are implemented they will be captured within the reporting cycle of the MPA network.