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

Section 2: Engagement and information gathering

Engagement approach

Management proposals were developed between 2013 and 2022 with stakeholders. Scientific and conservation advice was provided by JNCC on the sensitivity of the protected features at each site and advice on management options.

Further engagement was held with stakeholders in the form of a pre-consultation workshop in December 2022, where feedback was sought on the draft Socio-Economic Impact Assessment, draft Strategic Environmental Assessment and draft Sustainability Appraisal. Stakeholders included representatives from the fishing industry and environmental NGOs.

A formal public consultation was undertaken in 2024. The consultation ran for eight weeks from 19 August 2024 to 14 October 2024 and received 3,881 valid responses. 97% of responses were submitted by individuals and 3% by organisations, campaign responses accounted for 95% of responses. The consultation included a mix of closed and open-ended questions, addressing general policy views, site-specific measures, and the socio-economic and environmental impacts of the proposals. The responses have been collated and analysed by external contractors. The analysis report has been published online: Fisheries management measures within Scottish Offshore Marine Protected Areas (MPAs): consultation analysis.

The consultation revealed a fundamental divide between advocates of conservation and industry stakeholders when it came to zonal or full site measures. Proponents of full site measures underscored the importance of environmental issues and long term recovery, while supporters of zonal measures argued for stakeholder inclusivity and a proportionate approach which also allowed for industry to continue to operate in these areas while achieving environmental goals. The key findings from the consultation analysis report are being considered along with any other all other available evidence to inform the final decision regarding fisheries management measures within Scottish offshore Marine Protected Areas.

Internal SG engagement/ engagement with wider Public Sector

Internal SG engagement

The Scottish Government has discussed its proposals with the following internal groups during the development of the policy:

• Scottish Government Sea Fisheries and Marine Conservation Division
• Scottish Government Marine Planning and Policy
• Scottish Government Marine Analytical Unit
• Scottish Government Compliance
• Scottish Government Marine Science
• Scottish Government Aquaculture and Recreational Fisheries
• Scottish Government Marine Data, GIS & Quality

Wider Public Sector

Statutory nature Conservation Bodies (SNCBs) Joint Nature Conservation Committee (JNCC), supported by NatureScot (for sites which are partially inshore) have produced scientific advice for each site. Both bodies have been consulted on these proposals, with advice and feedback continuing to shape and inform measures.

UK/ Devolved Administrations

Scottish Government officials have engaged with relevant UK government officials on the proposals.

International

Whilst the UK was a member of the EU, Scotland was required to follow the CFP process in order to implement fisheries management measures for conservation purposes in the Scottish offshore region. This process involved fishery and environmental stakeholders from the UK and EU countries engaging in workshops, undertaking discussions with Advisory Councils and meetings with member states which held a direct management interest. However, this was not completed prior to the UK exiting the EU.

Members of the North Sea Advisory Council (NSAC) and North Western Waters Advisory Council (NWWAC) participated in the workshops where the measures were initially designed. All relevant member states, and members of the NSAC and NWWAC, were sent a copy of the proposals during the initial consultation period (21 September to 30 November 2016). They were given the opportunity to provide written comment during that 12-week period. They were also given the opportunity to participate in a workshop in Edinburgh on 20 October 2016. All correspondence and workshop notes have been published online. A further presentation of the revised proposals was made to the marine ecosystems working group of the NSAC and NWWAC in February 2017.

The notification of any changes to fisheries management measures and the public consultation will be sent to the EU through the UK-EU Trade and Cooperation Agreement process. Non-UK bodies were invited to provide comment through the 8-week public consultation. EU Member States and Norway, including Denmark, Germany, France, and Spain provided responses to the public consultation.

Business / Third Sector engagement

The zonal measures presented within the consultation are measures that were developed and refined in workshops with stakeholders from 2013-2017 under the EU Common Fisheries Policy (CFP).

Following the EU exit, Scotland is continuing this work using domestic powers. Some amendments to those measures have been made post-2017 due to changes in available supporting evidence. Any changes were put forward for discussion with the relevant stakeholders in 2022.

Presentations on proposed measures have been given to the following organisations:

Environmental non-governmental organisations (eNGOs)

• Oceana
• Open Seas
• Scottish Environment Link
• Blue Marine Foundation
• Greenpeace
• Marine Conservation Society
• RSPB

Fisheries organisations

• Aberdeen Producers Organisation
• Hooktone Ltd
• Orkney Fisheries Association
• Scottish Fisherman’s Federation
• Scottish White Fish Producers Association
• Shetland Fishermen’s Association

Public consultation

A formal public consultation was undertaken in 2024. It sought views on the proposed measures for 20 offshore MPAs. The consultation included a mix of closed and open-ended questions, addressing general policy views, site-specific measures, and the socio-economic and environmental impacts of the proposals.

The consultation received 3,881 valid responses, with 97% submitted by individuals and 3% by organisations. Campaign responses accounted for 95% of submissions. The consultation included a mix of closed and open-ended questions, addressing general policy views, site-specific measures, and the socio-economic and environmental impacts of the proposals.

The consultation revealed a fundamental divide between advocates of conservation and industry stakeholders when it came to zonal or full site measures. Proponents of full site measures underscored the importance of environmental issues and long term recovery, while supporters of zonal measures argued for stakeholder inclusivity and a proportionate approach which also allowed for industry to continue to operate in these areas while achieving environmental goals.

Several respondents in support of Option 1 thought it would help maintain the resilience of the fishing industry, thereby contributing to stable food security. They expressed concern that more restrictive measures could threaten the fishing industry's stability.

Many respondents who support Option 2, the full site management measures, cited biodiversity conservation and climate change mitigation as the primary reasons behind their support. Supporters of Option 2 contended that zonal measures would not provide sufficient protection for marine ecosystems and could hinder the achievement of conservation objectives. Concerns were raised over the continued threat of damaging fishing practices, particularly mobile bottom-gear fishing.

The responses have been collated and analysed by external contractors. The analysis report has been published online: Fisheries management measures within Scottish Offshore Marine Protected Areas (MPAs): consultation analysis.

The key findings from the consultation analysis report are being considered along with any other all other available evidence to inform the final decision regarding fisheries management measures within Scottish offshore Marine Protected Areas.