Inshore waters - regulated commercial use of traps/pots to catch wrasse: fisheries assessment

6. Assessment of the wrasse fishery on otter (Lutra lutra) in SACs

Otter (Lutra lutra) could potentially be impacted by the Scottish wrasse fishery due to the risk of entrapment in wrasse traps set in coastal waters. There is likely to be overlap between habitat favoured by wrasse and that used to feed by coastal-dwelling otters. Otters may be attracted to wrasse caught in the traps and may become trapped and drowned in the process. The risk of entrapment is particularly relevant in locations where fishing activity occurs in shallow coastal waters in or adjacent to SACs where otters are a feature.

6.1 Sites affected

The following SACs have been identified by NatureScot as locations where the Scottish wrasse fishery could potentially exert pressures due to shallow coastal waters in or adjacent to SACs where otter are a feature.

Dornoch Firth and Morrich More SAC

Hascosay SAC^‡

Loch nam Madadh SAC

Yell Sound Coast SAC

Sunart SAC*

Ardvar and Loch a' Mhuilinn Woodlands SAC^‡

Durness SAC^‡

Glen Beasdale SAC^‡

Kinloch and Kyleakin Hills SAC^‡*

Loch Moidart and Loch Shiel Woods SAC^‡*

Mull Oakwoods SAC^‡

Rum SAC^‡

South Uist Machair SAC^‡*

Taynish and Knapdale Woods SAC^‡*

Tayvallich Juniper and Coast SAC^‡

Sites marked with ‡ are terrestrial and have Conservation Advice Packages (CAPs) instead of CMAs. Sites where the CMA or CAP is not yet publicly available are marked with*.

6.2 Conservation Objectives

The high-level conservation objectives for all the sites are:

1. To ensure that the qualifying features of the site are in favourable condition and make an appropriate contribution to achieving Favourable Conservation Status.

2. To ensure that the integrity of the site is maintained in the context of environmental changes by meeting objectives 2a, 2b and 2c for each qualifying feature:

2a. Otters are a viable component of the site.

2b. The distribution of otters throughout the site is maintained by avoiding significant disturbance.

2c. The supporting habitats and processes relevant to otters and their food resources are maintained

Site specific advice is given in the relevant CMA or CAP

6.3 Habitat Regulations Assessment

Is the plan or project directly connected with or necessary to the site management for nature conservation?

No, in this assessment, commercial wrasse fishing activity taking place within the site is the plan or project and is not directly connected or necessary to the site management for nature conservation.

6.3.1 Screening for likely significant effect (LSE)

Commercial fishing – static gear (traps)

Site

Dornoch Firth and Morrich More SAC; Loch nam Madadh SAC; Yell Sound Coast SAC; Sunart SAC

Advice to support management

Reduce or limit pressures (entanglement) associated with entanglement should be considered by ensuring creels are set in water deeper than 10m.

Revelant pressures

Removal of non-target species (including lethal)

Site

Hascosay SAC; Ardvar and Loch a' Mhuilinn Woodlands SAC; Durness SAC; Glen Beasdale SAC;

Kinloch and Kyleakin Hills SAC; Loch Moidart and Loch Shiel Woods SAC; Mull Oakwoods SAC; Rum SAC;

South Uist Machair SAC; Taynish and Knapdale Woods SAC;

Tayvallich Juniper and Coast SAC

Advice to support management

N/A

Revelant pressures

Removal of non-target species (including lethal)

Potential effect mechanisms from fishing with static gear (wrasse traps) and likely significant effect conclusions on otter feature

Sites where fishing activity has occurred and where there is an indication of future demand.

Site

Loch nam Madadh SAC

Advice to support management - Static gear

Reduce or limit pressures (entanglement) associated with entanglement should be considered by ensuring creels are set in water deeper than 10m.

Removal of non-target species (including lethal)

LSE

Site

Yell Sound Coast SAC

Advice to support management - Static gear

Reduce or limit pressures (entanglement) associated with entanglement should be considered by ensuring creels are set in water deeper than 10m.

Removal of non-target species (including lethal)

LSE

Site

Ardvar and Loch a' Mhuilinn Woodlands SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

LSE

Site

Kinloch and Kyleakin Hills SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

LSE

Site

Loch Moidart and Loch Shiel Woods SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

LSE

Sites where no recent recorded wrasse fishing activity has occurred and there is no indication that there will be a future demand. From 2025, no wrasse fishing activity will be authorised in the sites below unless following appropriate review of this assessment.

Site

Dornoch Firth and Morrich More SAC

Advice to support management - Static gear

Reduce or limit pressures (entanglement) associated with entanglement should be considered by ensuring creels are set in water deeper than 10m.

Removal of non-target species (including lethal)

N/A

Site

Sunart SAC

Advice to support management - Static gear

Reduce or limit pressures (entanglement) associated with entanglement should be considered by ensuring creels are set in water deeper than 10m.

Removal of non-target species (including lethal)

N/A

Site

Hascosay SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

N/A

Site

Durness SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

N/A

Site

Glen Beasdale SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

N/A

Site

Mull Oakwoods SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

N/A

Site

Rum SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

N/A

Site

South Uist Machair SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

N/A

Site

Taynish and Knapdale Woods SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

N/A

Site

Tayvallich Juniper and Coast SAC

Advice to support management - Static gear

N/A

Removal of non-target species (including lethal)

N/A

Likely significant effect has been concluded for:

Removal of non-target species (including lethal) as result of the wrasse fishery in Loch nam Madadh SAC; Yell Sound Coast SAC; Ardvar and Loch a' Mhuilinn Woodlands SAC; Kinloch and Kyleakin Hills SAC and Loch Moidart and Loch Shiel Woods SAC.

No likely significant effect has been concluded for:

Removal of non-target species (including lethal) as result of the wrasse fishery in Dornoch Firth and Morrich More SAC, Sunart SAC; Hascosay SAC; Durness SAC; Glen Beasdale SAC; Mull Oakwoods SAC; Rum SAC; South Uist Machair SAC; Taynish and Knapdale Woods SAC and Tayvallich Juniper and Coast SAC as there is no current fishery in these sites, and no fishery will be authorised unless following appropriate review of this assessment.

6.4 Appropriate Assessment: Assessment of implications of fishing activity on otters in view of the conservation objectives

Sites identified by NatureScot

Loch nam Madadh SAC

Brief description and Site Condition Monitoring of otter

The SAC is a large, sheltered maritime area which is bordered by an extensive area of shoreline and contains numerous small islets and islands. The rocky shore, shallow inshore waters and nearby small islands provide excellent habitat for otters. Otters are a wide-ranging and highly mobile species that are likely to occupy the entire coastline as well as the numerous islets of Loch nam Madadh. Coastal populations will be predominately feeding at sea however inland locations for shelter and freshwater habitats will also be used on a daily basis.

Otter: Favourable Maintained (2012)

Sites identified by NatureScot

Yell Sound Coast SAC

Brief description and Site Condition Monitoring of otter

Within Shetland, the Yell Sound area has the highest density of otter. The site is believed to support more than 2% of the entire GB otter population. The site consists of a complex of islands and coastline, selected to include the areas of highest otter density. The areas are characterised by low-lying peaty coastlines with large numbers of otter holts and easy access to fresh water. The adjacent marine areas have extensive algal beds which are used for foraging.

Otter: Unfavourable (2012)

Sites identified by NatureScot

Ardvar and Loch a' Mhuilinn Woodlands SAC

Brief description and Site Condition Monitoring of otter

Otters associated with the SAC are likely to feed and to have holts or resting places near the site boundary as well as within the site itself. Several burns and lochans lie within the site and these, together with the rocky shore and woodland, provide habitat for otters.

The population at the SAC is reliant on suitable habitat in the surrounding wider terrestrial and marine environments. It is unlikely to be viable (capable of functioning) in isolation. At this SAC otter will partly feed in coastal waters that lie outwith the boundary of the site along the coast of Eddrachilles Bay and into Loch a’ Chàirn Bhàin, Loch Glencoul and Loch Glendhu.

Otter: Favourable Maintained (2014)

Sites identified by NatureScot

Kinloch and Kyleakin Hills SAC

Brief description and Site Condition Monitoring of otter

Conservation Advice Package is not yet publicly available.

Sites identified by NatureScot

Loch Moidart and Loch Shiel Woods SAC

Brief description and Site Condition Monitoring of otter

Conservation Advice Package is not yet publicly available.

6.4.1 The populations of qualifying species are viable components of the site

Loch nam Madadh SAC

Yell Sound Coast SAC

Ardvar and Loch a' Mhuilinn Woodlands SAC

Kinloch and Kyleakin Hills SAC

Loch Moidart and Loch Shiel Woods SAC

Site specific advice:

Maintain/restore the population of otters at a stable or increasing trend.

Assessment of risk from identified effect mechanisms:

The wild wrasse fishery in Scotland is not an open fishery, the Marine Directorate controls access to it. Each year, vessel owners apply to take part in the fishery which is open from May – December. Successful applications are authorised to participate in the fishery as an additional dispensation (which takes the form of a derogation certificate issued to the vessel owner) granted under domestic fishing licences. All derogation certificates issued are subject to strict Terms and Conditions, including a restriction on the number of wrasse traps/pots that each vessel is authorised to use (250 traps/pots).

Whilst there is some uncertainty in the literature about the typical diving depths of coastal-dwelling otters, some wrasse traps/pots used in the Scottish fishery are likely to be deployed at depths less than 10 metres and therefore there is potential spatial overlap with otter foraging activities. To that end, regardless of where a vessel is fishing (i.e. not only in relation to the sites identified), since 2021 any vessel authorised to participate in the wild wrasse fishery has been required to only use traps/pots that have an otter exclusion device, such as a fixed eye aperture to the entrance.

The Vincent Wildlife Trust investigated the design of various otter guards, particularly in relation to the eel fishery and designing guards for fitting to fyke nets, allowing free passage of eel, but preventing otters from passing into the traps end of the net. The study collated information on the dimensions of otters (male otters are larger than female otters with cubs not appearing to be vulnerable to entering a fyke net so long as the mother, on which they are dependent, is sufficiently deterred) and proposed the largest sizes which could be used for rings on the gear was 95mm diameter (female otters have passed through 115mm diameter rings); rigid square grids at 85mm bar length (diagonal 105mm) and flexible nets at 75mm bar length (circumference, 300mm). These otter exclusion device dimensions were transcribed into the rules governing eel net/trap fishing in England and Wales and, in the context of the Scottish wrasse fishery, is a useful precedent from other fisheries where otter interaction can be an issue. Whilst wrasse traps/pots are clearly a different gear to fyke nets, the intended outcome is the same – i.e. to avoid the entrapment of otters in the fishing gear.

To a large extent, requiring an otter exclusion device is ‘self-policing’, in that fishers themselves wish to exclude otters from their traps/pots, for example to avoid loss of targeted catch and loss of fishing opportunity. Engagement with fishers in 2025 who deploy wrasse traps/pots has shown that the otter exclusion devices being used in the Scottish fishery are compatible (or more restrictive) with the dimensions required in the eel fishery and, to avoid any doubt, the Terms and Conditions of the derogation document now clearly stipulates the required dimensions. Fishers are also required to report incidences of otter interaction on scientific returns.

Given management measures in place, including restricted access to the fishery, its temporal operation, gear restrictions and the requirements for otter exclusion devices, the wild wrasse fishery is unlikely have an adverse impact on the population of the species and integrity of the relevant sites.

Site specific advice:

Ensure otters can move safely between the site and important areas of functionally linked land and sea out with the site.

Assessment of risk from identified effect mechanisms:

Authorised activity in the wild wrasse fishery is unlikely to create a barrier to movements and are therefore unlikely to affect movement of otters between areas of sea, freshwater bodies and land.

6.4.2 The distribution of the qualifying feature throughout the site is maintained by avoiding significant disturbance of the species.

Loch nam Madadh SAC

Yell Sound Coast SAC

Ardvar and Loch a' Mhuilinn Woodlands SAC

Kinloch and Kyleakin Hills SAC

Loch Moidart and Loch Shiel Woods SAC

Site specific advice:

Ensure otters continue to have access to and can utilise all habitats suitable for all relevant aspects of their life cycle associated within the site.

Assessment of risk from identified effect mechanisms:

This objective seeks to ensure otters can continue to use all areas within and adjacent to the relevant SACs, including breeding, shelter, resting, bathing and feeding, including safe passage when moving between marine and freshwater areas.

‘Significant disturbance’ is described by NatureScot as to mean disturbance that affects the integrity of the SAC through alteration of the distribution of otter such that recovery cannot be expected or effects can be considered long term. It is expected that significant disturbance will lead to more than a transient effect on the distribution of otter. It may result in the following types of effect:

• Contributes to the long-term decline in the use of the site by otter.
• Changes to the distribution of otter on a continuing or sustained basis.
• Changes to otter behaviour such that it reduces the ability of the species to survive, breed or rear their young.

Otters are a wide-ranging and highly mobile species that are likely to occupy both marine and freshwater habitats, using inland locations for shelter and freshwater habitats for bathing. The wild wrasse fishery is a restricted fishery with gear restrictions in place (250 traps/pots per vessel). These small inshore vessels (typically 6-12m in length) typically haul/deploy their gear during daylight hours rather than at night/dusk when otters are generally most active.

The wild wrasse fishery is unlikely to create a barrier to otter movements and are therefore unlikely to reduce access to supporting habitats. Authorised fishing activity for wild wrasse will not cause ‘significant disturbance’.

6.4.3 The supporting habitats and processes relevant to qualifying features and their prey resources are maintained.

Loch nam Madadh SAC

Yell Sound Coast SAC

Ardvar and Loch a' Mhuilinn Woodlands SAC

Kinloch and Kyleakin Hills SAC

Loch Moidart and Loch Shiel Woods SAC

Site specific advice:

• Maintain the variety, abundance and availability of food resources within the site.
• Maintain the condition of supporting habitats and associated processes.
• Maintain marine and freshwater water quality particularly avoiding increases in nutrients, turbidity and contaminants

Assessment of risk from identified effect mechanisms:

Otters are opportunistic predators. Primarily, they are carnivores, relying on fish (freshwater and/or marine species), crustaceans, birds and other mammals. Their broad dietary range will vary depending on location, season and availability of prey.

Many of the relevant sites provide a range of marine, terrestrial and freshwater habitats for foraging and feeding. In a marine context, within an otters diving range (discussed in 6.4.1. Maintain or restore the population of otter as a viable component of the relevant site), available prey species include eelpout, butterfish, rocklings, gobies, wrasse, seasnails and shore crabs. Most of these species have low commercial value and there is no targeted fishery for them. Therefore, activity authorised in the wild wrasse fishery is unlikely to impact the prey of otters.

Activity authorised in the wild wrasse fishery is unlikely to impact upon the condition of supporting habitats, particularly freshwater and terrestrial habitats.

6.5 Assessment of cumulative and in combination effects of the wrasse fishery with other activities

The wrasse fishery under consideration operates in shallow, nearshore, rocky reef and kelp habitats. Due to the specific habitat requirements there is limited spatial and operational overlap with demersal towed gear fisheries such as trawling or dredging, which are generally confined to deeper, softer sediment habitats. As such, the potential for in-combination effects with demersal towed gear is considered negligible.

However, there is a greater likelihood of interaction with other static gear fisheries, particularly creel fisheries targeting crab and lobster, which may also operate in similar shallow, rocky environments. Currently, comprehensive spatial data on the distribution and intensity of these creel fisheries is limited, but as the main concern with the wrasse fishery is primarily to do with the impact of removing the target species, rather than abrasion to the seabed, the potential for significant in-combination effects with other static gear fisheries is considered low. Nevertheless, the possibility of localised ecological interactions (such as competition for space or cumulative removal of reef-associated species) cannot be entirely ruled out.

There are no active licences or applications for plans or projects within the assessed SACs which would in combination with the wrasse fishery result in an adverse effect on site integrity.

6.6 Taking account of management measures

The above appraisal suggests that the wild wrasse fishery could have an interaction with the otter feature at designated sites. Otters are known to forage in coastal and nearshore environments, including areas where wrasse fishing activity may occur. However, based on the current management framework, it is concluded that the fishery does not pose an adverse effect on the integrity of the otter feature.

Several key management measures are in place to minimise potential interactions:

• Access to the fishery is restricted, with each vessel required to obtain specific authorisation from the Marine Directorate through a Letter of Derogation.
• The fishery is seasonal, operating only between May and 30 November.
• Effort is controlled, with each authorised vessel subject to limits on the number of wrasse traps/pots it may deploy.
• All traps used in the fishery must be fitted with otter exclusion devices, such as fixed eye apertures at the trap entrance, which are specifically designed to prevent otters from entering and becoming trapped.

These measures collectively reduce the likelihood of direct interaction between otters and fishing gear, while also limiting the spatial and temporal footprint of the fishery.

6.7 Conclusion

Given the existing management measures, particularly the use of otter exclusion devices, seasonal restrictions, and controlled access to the fishery, it can be concluded that the activity authorised under the wild wrasse fishery will not cause an adverse effect on the integrity of the otter feature at the relevant sites.

6.8 Monitoring and Review

Scottish Ministers will review this assessment as required. A review of this assessment may be in response to updated conservation advice; updated advice on the extent, distribution or condition of the feature; new information on the sensitivity of the feature to pressures arising from activities within the site; or information on changes in fishing activity within the site.