Fishing statistics and Marine Protected Areas: EIR release

Information requested

1. How many MPAs have been formally designated the Scottish waters?
2. In how many of these is fishing restricted, either geographically or by time of year, (i) in whole and (ii) in part? c. In respect of the answers to
3. , please identify the method of fishing that is restricted in each case.
4. What measures are in place to monitor the compliance with any restriction of fishing?
5. What sanctions are available in response to non-compliance? Where/how are these sanctions recorded? In the past 5 years how many such sanctions have been imposed?
6. To what extent (eg. percentage of a particular fleet), are commercial fishing boats of any size required to fit and operate tracking equipment? What sanctions are available in response to non-compliance, ie. in respect of fitting and of operation? Where/how are these sanctions recorded? In the past 5 years how many such sanctions have been imposed?
7. Has the Scottish Government or Marine Scotland taken any actions or made decisions in the light of the UK governments recent decisions prohibiting bottom trawling in certain MPAs in England?

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39 (2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response

1. How many MPAs have been formally designated the Scottish waters?
   Scotland’s MPA network provides protection to 37% of Scottish seas. There are 247 sites within Scotland’s MPA network, 233 of which are for conservation purposes.
   
   Item 001 is a statistical summary of the number of designated sites and total size of the area covered by Scotland’s designated sites.
   
   Further information on MPAs can be found at NatureScot website Marine Protected Areas (MPAs) | NatureScot.
   
   For further overview of data and information on key protected areas across Scotland I also direct you to NatureScot’s website SiteLink.
2. In how many of these is fishing restricted, either geographically or by time of year, (i) in whole and (ii) in part?
   Fisheries management within MPAs is managed on a site by site basis. The measures implemented depend on the sensitivities and distribution of the features the site is designated for and it’s conservation objectives. The information requested is publically available, and all fisheries measures can be found on Marine Scotland’s online map service NMPi.
   
   As per regulation 6(1)(b) of the EIRs, we are not required to provide any information that is already publicly available and easily accessible to you in another format.
3. In respect of the answers to b, please identify the method of fishing that is restricted in each case.
   Various layers show areas which are subject to fishing restrictions or closures (either all year or seasonal) for one of a number of reasons: closed to all fishing; species restrictions; gear restrictions (static and mobile); vessel size / capacity restrictions.

• Fishing managed area layers can be found in Fishing - managed areas | Marine Scotland Information.
• Existing fisheries management within MPAs and SACs: MPA and SAC management - Marine Conservation Orders (MCOs) and fisheries management measures (MPAs and SACs) | Marine Scotland Information
• Nature Conservation Orders for SACs, SPAs, and SSSIs: Nature Conservation Orders (NCOs) | Marine Scotland Information

As per regulation 6(1)(b) of the EIRs, we are not required to provide any information that is already publicly available and easily accessible to you in another format.

4. What measures are in place to monitor the compliance with any restriction of fishing?
   There are a range of measures in place to monitor compliance with any restrictions. A functioning Vessel Monitoring System (VMS) is required to be fitted on all fishing vessels that are 12 metres overall length or more. Vessels over 15 metres overall length are also required to have a functioning Automatic Identification System (AIS) on board.
   
   Fishing vessels 12 metres overall length or more vessels must submit electronically a range of fishing reports including a departure report on leaving port; a fishing activity report at least once a day; a prior notification of returning to port in advance of landing; and a return to port report. Reports contain detail such as vessel identifiers, species of fish, and where and when fishing activity took place. These requirements can be found here: https://www.legislation.gov.uk/eur/2009/1224/contents. 
   
   Vessels under these sizes are also subject to restrictions by way of their fishing licence and must submit returns detailing their catch as well as where and when it took place. Reports from fishing vessels can be cross checked with reports from buyers of first sale fish, which are also a legal requirement.
   
   In addition to these requirements, you will find the following useful regarding remote electronic monitoring systems: https://www.gov.scot/policies/inshore-fisheries/inshore-fisheries-management/.
   
   All commercial fishing vessels are subject to a licence and details of this can be found here: https://www.gov.scot/policies/marine-and-fisheries-licensing/.
   
   Marine Scotland Compliance owns and operates a fleet of Marine Protection Vessels and also owns two surveillance aircraft. Details of these can be found here: https://www.gov.scot/publications/marineand- fisheries-compliance-fleet-and-aircraft/. Marine Scotland Compliance also has 18 strategically located fishery offices, detailed here: https://www.gov.scot/publications/fishery-offices-information/. You can find further information on monitoring suspicious activity here: https://www.gov.scot/policies/marine-and-fisheries-compliance/suspicious-activity/. Members of the public can submit reports of what they suspect to be illegal activity and they can do this by completing the form here: http://www.marine.scotland.gov.uk/mscomplainceForms/ or by phoning the number on the form.
   
   As per regulation 6(1)(b) of the EIRs, we are not required to provide any information that is already publicly available and easily accessible to you in another format.
5. What sanctions are available in response to non-compliance? Where/how are these sanctions recorded? In the past 5 years how many such sanctions have been imposed?
   There are a range of sanctions and a variety of letters that outline the legislation and what should be done in the future, should a minor infringement be detected. For more serious infringements a Fixed Penalty Notice (FPN) can be offered and guidance on the FPN scheme can be found here: https://www.gov.scot/publications/marine-and-fisheries-fixed-penalty-notice-guidance-for-industry/.
   
   More serious infringements can also be referred to the Crown Office and Procurator Fiscal Service for consideration of prosecution through the courts.
   
   Between 01 May 2017 and 25 May 2020, 108 fixed penalty notices were issued. Details of sanctions from 2020 to 2021 can be found here: https://www.gov.scot/collections/marinescotland- reporting-statistics/ where as part of a commitment to proactively publish information you will be able to keep up to date as we publish every 6 months. You can also find details of court cases here: https://www.gov.scot/publications/marine-and-fisheries-compliance-enforcement-activity/.
   
   As per regulation 6(1)(b) of the EIRs, we are not required to provide any information that is already publicly available and easily accessible to you in another format.
   
   Details of sanctions are recorded internally and kept for no longer than necessary.
   
   Further information on compliance can be found here.
6. To what extent (eg. percentage of a particular fleet), are commercial fishing boats of any size required to fit and operate tracking equipment? What sanctions are available in response to non-compliance, ie. in respect of fitting and of operation? Where/how are these sanctions recorded? In the past 5 years how many such sanctions have been imposed?
   We have already provided our response to this question in our answers to parts 4 and 5 above.
7. Has the Scottish Government or Marine Scotland taken any actions or made decisions in the light of the UK governments recent decisions prohibiting bottom trawling in certain MPAs in England?
   No. The timeline for putting in place fisheries management for Marine Protected Areas (MPAs), where these are required, is set out within the Bute House Agreement commitment to: “deliver fisheries management measures for existing MPAs where these are not already in place, as well as key coastal biodiversity locations outside of these sites, by March 2024 at the latest”.

About FOI

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Scottish MPA Summary Statistics

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