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

Section 5: Next steps and implementation

Recommendations/ preferred options

It is proposed that fisheries management measures are implemented within MPAs within the Scottish offshore region to support achievement of site conservation objectives.

Option 1 Total benefit per annum: - economic, environmental, social

• 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 Total cost per annum: - economic, environmental, social - policy and administrative

• 9-34 FTE reduction in employment year on year
• This option would present higher public sector costs due to the intricacies around monitoring of comparatively small zones within a site.
• An 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 Total benefit per annum: - economic, environmental, social

• 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 Total cost per annum: - economic, environmental, social - policy and administrative

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

Option 3 Total benefit per annum: - economic, environmental, social

• Not applicable

Option 3 Total cost per annum: - economic, environmental, social - policy and administrative

• Not applicable

Implementation considerations/ plan

Orders implementing the measures will be taken forward under the Sea Fish (Conservation) Act 1967. Once this come into effect, this will mean that infringement of the management measures will be a criminal offence.

Under the Sea Fish (Conservation) Act 1967, individuals found guilty of offences may be subject to fines proportional to the severity of the breach. For the most serious offences, fines of up to £50,000 may be imposed on summary conviction, with unlimited fines possible following conviction on indictment. Less serious offences carry lower maximum fines on summary conviction, up to £5,000 or £1,000, while fines on indictment remain unlimited.

A scientific exception has been included in the orders to allow relevant and appropriate scientific survey work to be carried out within the sites as required.

As part of the measures, a minimum transit speed of six knots for vessels operating restricted gears will be added to all fishing licences and a requirement that restricted fishing gear is stowed when within areas subject to relevant fishing restrictions.

Post implementation review

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.