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

Section 4: Additional implementation considerations

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.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/ Intra-UK Trade

The United Kingdom Internal Market Act 2020 came into force following the UK leaving the EU single market. It is anticipated that introducing fisheries management measures for offshore MPAs will have no impact upon internal UK trade including the United Kingdom Internal Market Act 2020 and the Common Framework Agreements.

Goods:

The implementation of this policy of fisheries management measures within MPAs in the Scottish offshore region would not significantly impact the sale of goods. The policy does not diverge from that of other UK nations.

The proposed restrictions on fisheries under this policy have the potential for a comparatively small impact on fish landed to Scottish ports. However the potential for displacement of fishing activity, and the variable nature of landings means this cannot be directly tracked or related to measures. Under proposed measures there will be no impact on market access.

Services:

The implementation of fisheries management measures within MPAs in the Scottish offshore region is not expected to impact services or result in regulatory divergence between UK nations. Mutual recognition and non-discrimination principles are not relevant in this case.

International Trade Implications

There will be no expected impact on international trade into or out of Scotland from the implementation of fisheries management measures within MPAs in the Scottish offshore region.

A. Does this measure have the potential to affect imports or exports of a specific good or service, or groups of goods or services?

The policy of implementing fisheries management measures within MPAs in the Scottish offshore region does have the potential for a comparatively small impacts on landings within Scottish ports. However the potential for displacement, and the variable nature of landings means this cannot be directly tracked or related to measures. Under proposed measures there will be no impact on market access.

B. Does this measure have the potential to affect trade flows with one or more countries?

No it is not anticipated that these measures have the potential to affect trade flows with one or more countries.

C. Does this measure include different requirements for domestic and foreign businesses? - i.e. are imported and locally produced goods/services treated equally? - i.e. are any particular countries disadvantaged compared to others?

Fisheries management measures implemented within MPAs in the Scottish offshore region will apply equally to all UK and non-UK fishing vessels, except for areas within sites which overlap in “the Special Area” located between the Faroe Islands and the United Kingdom. This applies to two sites addressed within this BRIA.

The Special Area is an area of shared jurisdiction between the UK, the government of the Faroe Islands and the Kingdom of Denmark and subject to an international treaty. Measures implemented by Scottish Ministers in the areas of overlap would not apply to vessels which are exclusively Faroe Islands-regulated. Further detail is provided below under International Standards and EU Alignment.

EU Alignment consideration

It is Scottish Ministers’ policy to continue to align with the EU. The introduction of this policy of fisheries management measures adheres to that interest. This policy of implementing fisheries management measures within MPAs in the Scottish offshore region aligns with the EU’s ecosystem based approach^[27] and is not expected to impact access to EU markets for people, goods and services.

The process of implementing fisheries management measures was started under the EU Process, the Common Fisheries Policy (CFP). Under EU regulation 1380/2013 this required member states to “implement the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised”. Following Brexit this ecosystem based approach was continued under the national approach.

The UK’s new relationship with the European Union is governed by two treaties; the EU-UK Withdrawal Agreement and the TCA. Ministers have a policy commitment to maintain alignment with the EU where possible and in Scotland’s interest, while contributing towards protecting and advancing high standards. Alignment policy applies to EU and domestic policy initiatives and can be achieved through policy commitments, or primary and secondary legislation.

This policy of implementing fisheries management measures within MPAs in the Scottish offshore region is not expected to impact the TCA agreement.

Marine Directorate officials will provide notifications to the Specialised Committee on Fisheries via the required notification process on the implementation of fisheries management measures within MPAs in the Scottish offshore region.

Two sites have partial overlap with “the Special Area” of shared jurisdiction between the UK, the government of the Faroe Islands and the Kingdom of Denmark; Darwin Mounds SAC and Wyville-Thomson Ridge SAC. In 2013 a Protocol to the Agreement reiterated the shared interest of the parties in protecting the marine environment. Within the Special Area each party may manage their fisheries independently, therefore measures implemented by Scottish Ministers in the areas of overlap would not apply to vessels which are exclusively Faroe Islands-regulated.

The two SACs were designated through the EU processes and the designations agreed upon by the Kingdom of Denmark and there are legislative requirements to take conservation measures in SACs in a way that corresponds with the ecological requirements of the habitats and species for which the sites have been designated.

Legal Aid

It is not expected that fisheries management measures will have any impact on the current level of use that an individual makes to access justice through legal aid or on the possible expenditure from the legal aid fund as any legal/authorisation decisions impacted by the measures will largely affect businesses rather than individuals.

Digital impact

Impacts on technology have been considered, for all options detailed relevant technology and processes currently in place remain the same.

Some vessel owners may adjust fishing practices to another fishery, however this is a common practice and no additional strain will arise from the introduction of these measures.

Business forms

It is not envisaged that the introduction of fisheries management measures will result in the creation of new forms for business to deal with, or result in amendments of existing forms.