Fisheries Management Measures within Scottish Inshore Marine Protected Areas (MPAs) and Proposed Priority Marine Feature (PMF) Management Areas - Site and Area Proposal Document

2. Introduction

2.1 Purpose

The Scottish Government is consulting on fisheries management measure options for 76 Marine Protected Areas (MPAs) and 90 proposed Priority Marine Feature (PMF) management areas wholly or partly within Scotland’s inshore region (within 12 nautical miles of the coast). The measures proposed are based on best available scientific evidence regarding the risk to protected features from different fishing gear.

The consultation includes measures for sites designated as Nature Conservation Marine Protected Areas (NCMPAs), Special Areas of Conservation (SACs), Special Protection Areas (SPAs), and measures for areas proposed to be protected as PMF management areas. Throughout this document NCMPAs, SACs and SPAs can also be referred to collectively as MPAs or sites. The proposed PMF management areas can also be referred to as areas.

This document describes the protected sites and areas within Scottish inshore waters, three of which overlap into offshore, for which fisheries management measures have been developed for consultation. It sets out the principles and processes followed to develop these proposals and conservation and management advice from the Statutory Nature Conservation Bodies (SNCB) NatureScot and Joint Nature Conservation Committee (JNCC).

The proposed fisheries management measures under consideration have been developed using the best available scientific evidence on the risk to designated features and the 11 PMFs identified as being most sensitive to bottom contacting mobile fishing gear. Across all Scottish Marine Regions (SMRs), where options for fisheries management measures have been developed, there will be two management options proposed where possible to be consulted on.

MPAs:

Based on conservation and management advice, it is proposed that certain gears are restricted within the site to protect the designated features. Where possible, zoned and temporal measures are used, or measures that apply only to vessels above a certain engine power.

For the majority of sites (53 out of 76), there are two options presented. For the remaining 23 sites, only a full site restriction, single management option, is proposed. This is the case where only one option was identified as enabling the achievement of the desired level of protection for the feature in question.

• Option 1 - zonal management measures for specified gears. These measures may be seasonal and there are also measures that only apply to vessels over a certain engine power.
• Option 2 - measures restricting specified fishing gears across the full site for the whole year.

PMF management areas:

Both options propose full area closures to all demersal mobile gear. 44 out of 90 areas have a single management option proposed. Only one option was identified for these 44 proposed PMF management areas due to one of, or combination of, evidence (fishing activity or PMF related), boundary setting principles and compliance considerations.

• Option 1 - reflects a smaller footprint that reflects one, or a combination of evidence (fishing activity or PMF related), boundary setting principles and compliance considerations
• Option 2 - reflects a larger footprint that offers improved protection

The gear types identified as requiring management for each site and area are identified from advice and evidence provided by NatureScot. This is evidence and advice is available for each site in the Conservation and Management Advice, which can be accessed through Sitelink.

NatureScot has also produced 11 PMF guidance documents, one for each of the 11 PMFs most sensitive to demersal mobile fishing gears. The guidance documents provide feature specific guidance for each PMF on its sensitivity. The advice only relates to demersal mobile fishing gear. NatureScot also has a PMF information hub and supplementary advice where additional information can be found.

2.2 Background

Following the designation of a site, it may be necessary to implement fisheries management measures within a site to support the achievement of the Conservation Objectives. Conservation Objectives are assigned following designation, reviewed based on monitoring information, and provide the broad ecological aims of each site. The measures required to support the achievement of the objectives will depend upon the sensitivity of the protected features and could include restrictions on certain gear types, and spatial or temporal restrictions.

There are also a number of features outside of the network of NCMPAs, SPAs, and SACs that are considered necessary to protect. A number of features in Scotland’s waters have been identified as PMFs. These PMFs are characteristic of Scotland’s seas and are functionally important to biodiversity and the health of the ecosystem.

The basis of the proposed PMF management areas is NatureScot’s advice for the 11 PMFs most sensitive to mobile bottom-contacting gear. The advice recommends key locations to protect these features from bottom-contacting mobile fishing gear, outside of existing MPAs and fishing restrictions. Scottish Ministers must act in accordance with the National Marine Plan (NMP) including General Policy 9 on natural heritage when taking certain decisions, in particular to avoid significant impacts on the national status of PMFs. Management areas were developed by considering the distribution of the considered PMFs in accordance with the recommendations in NatureScot’s advice.

Certain statutory duties apply to Scottish Ministers in relation to MPAs. Among these, for NCMPAs, is the duty set out in the Marine (Scotland) Act 2010, for Scottish Ministers, when exercising their functions, to act in the manner which they consider best furthers the Conservation Objectives of NCMPAs, so far as is consistent with a proper exercise of those functions. Where it is not possible to do that, they have a duty to exercise their functions in the manner which they consider least hinders those objectives, again so far as is consistent with the proper exercise of those functions.

For SACs, Scottish Ministers are required to establish 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. Such measures should be designed to maintain or restore the protected features of the site to favourable conservation status and shall take account of the economic, social and cultural requirements and regional and local characteristics. Favourable conservation status describes the condition in which a habitat or species is thriving throughout its natural range, is stable or increasing, and is expected to continue to thrive in the long term.

For SPAs, Scottish Ministers are required to take the requisite measures to maintain the population of the species referred to in article 1 of the Birds Directive at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level. They are also required to take the requisite measures to preserve, maintain or re-establish a sufficient diversity and area of habitats for all the species of birds referred to in article 1 of the Birds Directive. They must also take such steps in the exercise of their functions as they consider appropriate, and so far as lies within their powers, to secure the objective of the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in Scotland in implementation of Article 3 of the Wild Birds Directive (including by means of the upkeep, management and creation of such habitat, as appropriate) having regard to the requirements of Article 2 of that Directive.

For PMFs, Scottish Ministers must act in accordance with the NMP including General Policy 9 on natural heritage when taking certain decisions, in particular to avoid significant impacts on the national status of Priority Marine Features.

There are also national and international obligations, including the commitment for Good Environmental Status (GES) under the Marine Strategy Framework Directive through the Marine Strategy Regulations 2010. A well-managed MPA network helps aid the Government to fulfil the UK’s commitment to the OSPAR Commission's strategic objective to establish an ecologically coherent network of marine protected areas.

2.3 Roles of NatureScot and Scottish Government Marine Directorate

The Marine Directorate (MD, previously known as Marine Scotland) is the directorate of the Scottish Government with the remit to ensure appropriate management measures are in place to support conservation in MPAs and the proposed PMF management areas. NatureScot is the statutory nature conservation body (SNCB) responsible for advising the Scottish Government on nature conservation of the inshore region (within 12 nautical miles of the coast). In doing this, NatureScot provides advice to regulators and public authorities with the aim to ensure that the Conservation Objectives for protected features of MPAs are met, and that there is no significant impact on the national status of PMFs throughout Scotland’s seas.

NatureScot’s advice is presented in their Conservation and Management Advice documents for each MPA and are based on the best available science and evidence and can be found on Sitelink by searching for each individual site. Overview of NatureScot advice can be found on their website.

PMF management areas were initially proposed by considering the distribution of the 11 PMFs in accordance with the recommendations in NatureScot’s PMF advice and design principles, developed jointly by Marine Directorate and NatureScot. These areas were refined using both scientific data, focusing on recent and higher quality data, and through engagement with the fishing community.

Scottish Government led discussions on management with stakeholders, considered NatureScot’s advice and have led on the development of specific fisheries management measures. The Scottish Government is responsible for making recommendations to Scottish Ministers on these proposed fisheries management measures following the consultation.

Stakeholders have provided additional evidence to support the development of fisheries management measures, including local knowledge of the environment and activities, and can provide further evidence through responding to the consultation. Discussions with stakeholders will be one way of highlighting the implications of any management measures to both NatureScot and the Scottish Government. This will contribute to the development of well-designed and effective fisheries management measures.

In addition, three sites cross the 12 nautical mile territorial limit: Seas off Foula SPA, Seas off St Kilda SPA, and Outer Firth of Forth and St Andrews Bay Complex SPA. For these sites, NatureScot led on the development of the proposed management measures with the input and advice of JNCC (who are the SNCB for the offshore region).

2.4 Gear categorisation and definitions

Throughout this document, measures and advice refer to categories of gear. These categories have been defined based on their mechanics and risk of contact with the seabed and interaction with protected features. The gear types captured within each category are outlined in Table 1.

Section 2.4.1 presents the definitions given to specific gear types included in these categories. Definitions have been adapted from those defined under Article 6, Regulation (EU) 2019/1241.

2.4.1 Specific gear type definitions

• Trawl: Fishing gear which is actively towed by one or more fishing vessels and consisting of a net closed at the back by a bag or a cod-end
• Towed gear: Any trawls, Danish seines, dredges and similar gear which are actively moved in the water by one or more fishing vessels or by any other mechanised system
• Bottom trawl: A trawl designed to operate on or near the seabed
• Beam trawl: Gear with a trawl net open horizontally by a beam, wing or similar device
• Scottish or Danish seine: ‘Danish seine’ or ‘Scottish seine’ means an encircling and towed gear, operated from a boat by means of two long ropes (seine ropes) designed to herd the fish towards the opening of the seine. The gear is made up of a net which is similar in design to a bottom trawl
• Pair trawl/pair seine: A net that is towed between two vessel using long lengths of rope or wire on the seabed
• Dredges: Gear which are either actively towed by the main boat engine (boat dredge) or hauled by a motorised winch from an anchored vessel (mechanised dredge). Some dredges are equipped with hydraulic equipment (hydraulic dredges)
• Pelagic longline: A fishing gear consisting of a main line of variable length, to which branch lines (snoods) with hooks are fixed at intervals determined by the target species. The main line is allowed to drift on the surface
• Set/static net: Any type of gillnet, entangling net or trammel net that is anchored to the seabed for fish to swim into and become entangled or enmeshed in the netting
• Driftnet: A net held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift
• Gillnet: A static net made up of a single piece of net and held vertically in the water by floats and weights
• Tangle net: A static net consisting of a wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet
• Trammel net: A static net made up of several layers of netting with two outer layers of a large mesh size with a sheet of small mesh sandwiched between them
• Demersal longline: A fishing gear consisting of a main line of variable length, to which branch lines (snoods) with hooks are fixed at intervals determined by the target species. The main line is anchored either horizontally on or near the bottom or vertically
• Fyke Net: a long static cylindrical netting bag, usually with netting cones fitted inside to make exit difficult. It is mounted on a rigid framework and fixed on the seabed.

2.5 Legal Frameworks

The Scottish MPA network is underpinned by a variety of different legislation depending on whether the site is located in the inshore or offshore region, and the types of features they protect. Sites designated for nature conservation purposes should be managed as appropriate in a way that conserves the habitats and species for which the sites have been designated.

The Scottish Government has a long-term commitment to support the sustainable management of the marine environment. Fulfilling this involves a range of different management approaches to ensure that society can continue to derive the many natural benefits that our seas provide. As part of this, Scottish Ministers have committed to implementing fisheries management measures where it is considered appropriate to do so, and where these are not already in place, for existing MPAs and key biodiversity locations outside the MPA network. These measures, if implemented, will give protection for MPA protected features and the proposed PMF management areas outside MPAs where the 11 PMFs most sensitive to bottom contacting mobile fishing gear are located.

Under section 15 of the Marine (Scotland) Act 2010, public authorities have certain duties in relation to marine plans and how they are to be taken into account in decision making.

Further duties in respect of MPAs are provided for by sections 82 and 83 of the same Act in relation to exercising functions to support the furtherance of Conservation Objectives and in relation to activities which pose a significant risk of hindering the achievement of those objectives.

Special Areas of Conservation and Special Protection Areas, which are designated under the Conservation (Natural Habitats, &c.) Regulations 1994 or the Conservation of Offshore Marine Habitats and Species Regulations 2017, also benefit from certain duties placed upon Scottish Ministers by those Regulations.

Implementing and enforcing appropriate management measures in MPAs will support Ministers in the fulfilment of those various duties and will contribute to embedding Conservation Objectives in decision making, preventing or mitigating harmful activities and providing relevant features with the appropriate level of protection.

Together, these legal frameworks establish a robust duty for Scottish authorities to implement and enforce appropriate management measures for MPAs. They ensure that Conservation Objectives are embedded in decision-making, that harmful activities are prevented or mitigated, and that European marine sites receive the appropriate level of protection under both domestic and international law.

The MPA network contributes to further duties and obligations of the Scottish Government including the commitment for GES under the Marine Strategy Framework Directive. A well-managed MPA network will help to fulfil the commitment to OSPAR Commission’s strategic objective to establish an ecologically coherent network of MPAs. The Scottish Biodiversity strategy Post-2020 Statement of Intent signals the ambitions of the Scottish Government to end biodiversity loss by 2030, and restore and regenerate biodiversity by 2045.

The development of options for the proposed PMF management areas has been guided by policies of the Scottish Government’s NMP, including General Policy 9b, which states that use of the marine environment must not result in significant impact on the national status of PMFs.

Following the conclusion of the inshore public consultation process, Scottish Ministers will decide upon the appropriate fisheries management measures to take forward. Legislative mechanisms to implement fisheries management measures may include orders under the Inshore Fishing (Scotland) Act 1984 and the Sea Fish (Conservation) Act 1967.

2.5.1 Special Areas of Conservation

The EU Habitats Directive sets out a requirement for the designation of SACs to protect certain species and habitats listed in Annexes I and II. Since leaving the EU these requirements have been transposed into regulations which cover Scotland’s land and seas;

a) The Conservation (Natural Habitats, &c.) Regulations 1994 in relation to Scottish Territorial Waters.

b) The Conservation of Offshore Marine Habitats and Species Regulations 2017 in relation to the offshore area around the UK. The offshore area extends from the limit of the territorial sea to the UK Continental Shelf Claim Limit.

Scotland currently has 58 SACs with marine components (habitats or species), covering 8% of the Scottish sea area. Forty-seven of these SACs are in inshore waters, nine are completely in offshore waters, and there are two sites which have parts in both inshore and offshore waters. Twenty one of these SACs are included in the development of fisheries management measures that are part of this consultation.

2.5.2 Nature Conservation Marine Protected Areas

The Marine (Scotland) Act 2010 provides for the designation of NCMPAs in Scottish inshore waters.

NCMPAs are selected on the basis of the guidelines set out in the Scottish MPA Selection Guidelines and protect a wide range of species and habitats of importance both nationally and internationally. The Scottish Government has designated 37 NCMPAs under the Marine (Scotland) Act 2010 and the UK Marine and Coastal Access Act 2009. Of the 36 MPAs, 24 are in territorial waters, 13 in offshore waters and two which cross the boundary of inshore and offshore waters. 11 of these NCMPAs are included in the development of fisheries management measures that are part of this consultation.

2.5.3 Special Protection Areas

SPAs are selected to protect one or more rare, threatened or vulnerable bird species listed in Annex I of the EU Birds Directive, as well as certain regularly occurring migratory species. They are selected using the UK SPA Selection Guidelines, and in Scotland they are classified under the Birds Directive through the following domestic legislation:

• Wildlife and Countryside Act 1981 (as amended) – applies to terrestrial and inshore waters (0–12 nm).
• The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended in Scotland) – provides the regulatory mechanism for SPA classification and protection within Scottish inshore waters.
• Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (as amended) – applies the Birds Directive to offshore waters (12–200 nm).

Scotland has designated 162 SPAs for the protection of rare, threatened and regularly occurring migratory bird species. These SPAs span Scotland’s terrestrial, inshore, and offshore waters. 44 SPAs have measures that have been developed as part of this policy. 41 of these are wholly within inshore waters and three of which cross the boundary of inshore and offshore waters,

2.5.4 Priority Marine Feature Management Areas

Proposed PMF management areas are areas where measures are proposed to protect the 11 most sensitive PMFs to demersal mobile fishing activity. Protections for PMFs are proposed as fisheries closures and will contribute to improving individual policy protections as laid out in the NMP.

The development of options for the proposed PMF management areas has been guided by policies of the Scottish Government’s NMP, including General Policy 9b, which states that use of the marine environment must not result in significant impact on the national status of PMFs, NatureScot advice and stakeholder engagement. See above sections and PMF sections further on in this document for more detail.