Priority Marine Features and Highly Protected Marine Areas information: EIR release

Information requested

The following information updates and confirmation regarding;

PMF management measures:
1. Whether you have received advice (location, extent and condition of the 11 species of PMF's being considered as part of the PMF management measures) from NatureScot and if so please can you supply copies of that advice.

2. What process is being engaged with stakeholders to identify and agree the sites where management measures are to be introduced, and what steps have been taken and what steps remain to be taken?

3. What is the goal of the PMF management measures? Is it to "protect and recover” each PMF or merely to maintain it in its current condition?

HPMAs/MPAs/PMF Management Areas:
1. What degree of overlap do you anticipate at this point between MPA, PMF management areas and inshore HPMAs?

2.What percentage of the inshore is likely to be excluded from dredge, trawl and creel sectors respective fishing activity after MPA, PMF and HPMA process is finished? Ballpark estimate only required.

3. What work has been carried out into the impact of the above on inshore fisheries from a displacement/gear conflict perspective? Please supply any background information, studies research, proposals or policies etc. that explains or sets out the mitigation measures outside the proposed management areas.

4. What plans are in place to mitigate the impacts of displacement and gear conflict, especially for the smallest vessels working from some of our most rural and fragile sea lochs which are often restricted to fishing in very localised areas?

5. What plan, if any, does Marine Scotland have to optimise social and economic benefits to coastal communities through management of areas outside MPA, HPMAs and PMF management areas?

IFMAC:
1. Please confirm when the last IFMAC meeting was held and if possible supply minutes.

2. What is the current status of the IFMAC and may we have a copy of its remit and constitution?

3. Please can you confirm the current membership and policy for inclusion in IFMAC circulation list?

Response

Where we have not been able to supply you with written information, we have instead provided you with a policy update in an attempt to be helpful. Some of the information you have requested is already publicly available online and where this is the case I have provided website links to where that specific information can be obtained.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exceptions under regulation 10(4)(d) (material in course of completion) and regulation 10(4)(e) (internal communications) of the EIRs applies to that information. The reasons why these exceptions apply are explained in the Annex to this letter.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

Priority Marine Features (PMF) Management Measures

1. Whether you have received advice (location, extent and condition of the 11 species of PMF's being considered as part of the PMF management measures) from NatureScot and if so please can you supply copies of that advice.
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Advice received from NatureScot as to the location, extent and condition of the 11 species of PMF’s being considered as part of the PMF management measures are available online. This advice can be found here; Improving protection given to Priority Marine Features outside the Marine Protected Area network - Scottish Government - Citizen Space (consult.gov.scot).

In addition the location and extent of the where these PMFs can be found can be viewed through the data portal available here: Priority Marine Features (PMFs) and Phase 2 MPAs (arcgis.com). As well as the webapp and the Marine Scotland Maps (NMPi) for viewing data, the underlying data is available via:

• The PMF illustrative management areas are available to download via SpatialData.gov.scot
• MPA specific management areas are available to download via SpatialData.gov.scot
• Fisheries management / restriction areas are available to download via SpatialData.gov.scot
• The 6M limit (which defines inshore area) is available to download via ADMIRALTY Marine Data Portal

2. What process is being engaged with stakeholders to identify and agree the sites where management measures are to be introduced, and what steps have been taken and what steps remain to be taken?
A public pre-consultation took place between 05 July and 31 August 2018 and details of this consultation are publicly available here; Improving protection given to Priority Marine Features outside the Marine Protected Area network - Scottish Government - Citizen Space (consult.gov.scot). A response to the scoping consultation on vulnerable PMFs was published Improving protection given to Priority Marine Features : Response to Scoping Consultation (www.gov.scot).

As the development of fisheries management measure for Inshore MPAs and PMFs is an ongoing project, stakeholders meetings in relation to the draft measures have been held with stakeholders on a series of occasions. On the 01 October 2019 a pre-consultation workshop was held as part of the development of proposals and second phase of inshore MPA fisheries management measures and proposals. Engagement with local fishers have occurred in-person between December 2019 and March 2020. These include meetings organised through the Regional Inshore Fisheries Groups in; Orkney, Ullapool, Shetland, Mull, Mallaig, Tarbert, Oban, Stornoway and Benbecula. The minutes of these meetings can be found here; Phase 2 MPA measures and PMF review: minutes of stakeholder meetings - gov.scot (www.gov.scot). The final three meetings were postponed due to the Covid-19 pandemic, with a commitment to reschedule when face-to-face meetings could resume.

Following the Bute House Agreement and the easing of Covid-19 restrictions officials have restarted stakeholder engagement in relation to both Inshore MPAs and PMFs and Offshore MPAs. Officials have recently resumed the outstanding stakeholder meetings with fishers from Troon, Dundee and Inverness. In-person meetings were planned for Troon and Dundee however these were moved online due to increased prevalence of the Omicron variant and took place on 03 and 06 December 2021 respectively. An online meeting for Inverness was held on 14 January 2022. Under exception 10(4) (d) these materials are still in the course of completion but will be available on the same web link as stated above by March 2022.

If additional meetings are required to address specific site issues these will be notified to stakeholders in due course.

3. What is the goal of the PMF management measures? Is it to "protect and recover” each PMF or merely to maintain it in its current condition?
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Information regarding the goal of PMF management measures are already publicly accessible on the Marine Scotland PMF webpages, available here: Marine environment: Priority Marine Features - gov.scot (www.gov.scot).

A principle aim of the project is to ensure that necessary fisheries management measures are in place to ensure protection of PMFs, and comply with the relevant policy in the National Marine Plan. The policy requirement to conserve PMFs can be found within the National Marine Plan: Scotland's National Marine Plan - gov.scot (www.gov.scot).

Highly Protected Marine Areas (HPMAs), Marine Protected Areas (MPAs) and Priority Marine Features (PMF) Management Areas

1. What degree of overlap do you anticipate at this point between MPA, PMF management areas and inshore HPMAs?
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing this part of your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter.

As this query constitutes a request for an opinion or process, it is not information that is held in a form that can be disclosed under an EIR (written). Therefore, in an attempt to be helpful we instead offer a policy update below in order to provide this information.

HPMAs will be designated based on the best available science and socio-economic evidence. It is not possible at this stage to anticipate what the degree of overlap may be between existing MPAs, protection of PMFs, and HPMAs.

2. What percentage of the inshore is likely to be excluded from dredge, trawl and creel sectors respective fishing activity after MPA, PMF and HPMA process is finished? Ballpark estimate only required.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing this part of your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter.

As this query constitutes a request for an opinion or process, it is not information that is held in a form that can be disclosed under an EIR (written). Therefore, in an attempt to be helpful we instead offer a policy update below in order to provide this information.

At least 10% of Scotland’s seas will be designated as HPMAs which will exclude all forms of extractive, depositional and destructive activities, including dredge, trawl and creel fishing. The estimates for MPAs and PMFs within inshore waters where dredge, trawl and creel sectors will be excluded is not yet confirmed, as the process to complete implementation fisheries management measures in all protected areas is still an ongoing process.

3. What work has been carried out into the impact of the above on inshore fisheries from a displacement/gear conflict perspective? Please supply any background information, studies research, proposals or policies etc. that explains or sets out the mitigation measures outside the proposed management areas.
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Information publicly available which provides an assessment of evidence on the socio-economic impacts of Scotland’s Marine Protected Areas (MPA) since management measures were introduced in 2016 are available here:

• Monitoring the socio-economic impacts of Marine Protected Areas: report - gov.scot (www.gov.scot)
• Scottish Marine Protected Areas socioeconomic monitoring - gov.scot (www.gov.scot)

You may be interested to note the process for conducting Sustainability Appraisals, which includes Strategic Environmental Assessment (SEA) and Socio Economic Impact Assessments. These full impact assessments will consider the impact of potential fisheries measures on marine industries and the communities that rely on them. The next phase of the process is to conduct a sustainability appraisal for both inshore PMF and MPAs for the proposed fisheries management measures.

We are also in the process of developing guidance for completing Socio-Economic Impact Assessments (SEIA) for inshore MPAs and other spatial conservation measures, following work with the fishing industry since April 2021 to identify concerns with the current process. We have drafted new guidance which outlines the process for undertaking SEIA and reflects improvements and questions raised by stakeholders. This guidance is in draft form, following feedback from stakeholders will be finalised and will be published in early 2022.

You may be interested to know that we launched Scotland’s Future Fisheries Management (FFM) Strategy on 17 December 2020, which sets out our approach to managing sea fisheries in Scotland in partnership with our stakeholders through ‘co-management’ and in a way that balances environmental, social and economic interests.

As the FFM Strategy outlines, fisheries management can be complex and decision-making will always need to take account of a variety of factors. We often use stakeholders to help inform our decisionmaking, for example through formal consultations or using specific stakeholder groups to help flesh out ideas and solutions. As we take forward the individual policies and actions within the Strategy, we will seek to use co-management to inform our development, and as part of our decision making will take account of environmental and socio-economic factors. There is no one-size-fits-all approach, as the factors depend on what we’re trying to achieve and specific policy we’re looking to deliver. This is part of the evidence gathering process, for example through carrying out consultations.

4. What plans are in place to mitigate the impacts of displacement and gear conflict, especially for the smallest vessels working from some of our most rural and fragile sea lochs which are often restricted to fishing in very localised areas?
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing this part of your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter.

As this query constitutes a request for an opinion or process, it is not information that is held in a form that can be disclosed under an EIR (written). Therefore, in an attempt to be helpful we instead offer a policy update below in order to provide this information.

You may be interested to know that officials are currently beginning work to develop a policy framework for HPMAs and engaging with Statutory Nature Conservation Bodies who will lead the development of Site Selection Guidelines. We plan to hold initial discussions with all stakeholders during 2022 to ensure their views and expertise are taken into account as we develop the policy and selection framework for HPMAs. It is then our intention to carry out a public consultation on both the policy framework and the site selection guidelines, before the selection process for HPMAs is started. At the stage of selecting sites we will undertake full impact assessments to consider the impacts of potential sites on marine industries and the communities that rely on them.

Marine Scotland continues to work to mitigate gear conflict in the inshore waters. In June 2020 we introduced the Marking of Gear (Scotland) Order 168/2020, which introduced restrictions on how buoys should be used to mark static gear. These included that all creels and fleets of creels to be marked with a buoy manufactured for that purpose and that all buoys be of a bright colour and bear the registration number of the fishing vessel that deployed it. This Order builds on the Best Practice Guidance for Marking Static Fishing Gear the we published in August 2018. Work is ongoing, led by our network of 18 national Fishery Offices, to encourage a behavioural change in the industry with regard to gear marking and our fleet of Marine Protection Vessels have been actively engaged in assuring compliance with the Order.

In addition to this, in 2021 our Fishery Offices introduced a new mechanism for fishers to report lost gear and are also working to ensure a more joined up approach to engaging with Police Scotland on matters relating to gear conflict. Marine Scotland, provides support where appropriate, encouraging fishers to work together, developing voluntary agreements to reduce instances of Gear Conflict.

5. What plan, if any, does Marine Scotland have to optimise social and economic benefits to coastal communities through management of areas outside MPA, HPMAs and PMF management areas?
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing this part of your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter.

As this query constitutes a request for an opinion or process, it is not information that is held in a form that can be disclosed under an EIR (written). Therefore, in an attempt to be helpful we instead offer a policy update below in order to provide this information.

You may be interested to know that we launched Scotland’s Future Fisheries Management Strategy on 17 December 2020, which sets out our approach to managing sea fisheries in Scotland in partnership with our stakeholders through ‘co-management’ and in a way that balances environmental, social and economic interests.

We have identified a number of key priority areas where we are seeking to improve the management of our fisheries, and create the right conditions for a resilient fishing industry and a thriving marine environment.

The Covid-19 crisis has shown that now, more than ever, we need to boost the resilience of our fishing industry and strengthen links between the catching sector and onshore interests, for example through diversification of fishing opportunities and attracting new entrants.

We will support local management of inshore fisheries through our Regional Inshore Fisheries Groups (RIFGs), and increase the benefit from fishing to local areas, helping to ensure quota is in the hands of active fisheries and will also introduce a Scottish economic link licence condition.

Localised issues to optimise social and economic benefits to coastal communities within our FFM 12 point action plan include;

• We will secure the resilience of the fishing industry, working with stakeholders to strengthen links to local and global markets, supporting diversification and exploring new fishing opportunities.
• We will increase the benefit from fishing to local areas through our policies around allocation of additional quota, ensuring quota is in the hands of active fishers, and increasing the volume of fish landed into Scotland including through the introduction of a Scottish economic link licence condition in early 2022.
• We will support delivery of a strong relationship between the fishing industry and local communities, with strengthened links to local supply chains, support for consumers to buy local / Scottish and recognising the importance of inward migration for remote and coastal communities.

We will strengthen our co-management processes and support transparent and responsive management to a local level wherever possible, in particular by strengthening the RIFG network. As part of this, we will always consider local community impact as part of our decision making process.

Inshore Fisheries Management and Conservation (IFMAC) Group

1. Please confirm when the last IFMAC meeting was held and if possible supply minutes.
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Information publicly available - IFMAC Minutes - 2019-05-31 - Paper 19-02.pdf (rifg.scot)

2. What is the current status of the IFMAC and may we have a copy of its remit and constitution?
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Information publicly available - Inshore Fisheries Management and Conservation group (IFMAC) - gov.scot (www.gov.scot)

IFMAC has not met since 2019 as a result of restrictions and challenges posed by the pandemic. Throughout this period Marine Scotland has continued to maintain our list of IFMAC members and has communicated regularly with this group on matters of interest.

3. Please can you confirm the current membership and policy for inclusion in IFMAC circulation list?
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Information publicly available - Policy for Inclusion - Inshore Fisheries Management and Conservation group (IFMAC) - gov.scot (www.gov.scot)

Due to the size of the files we are unable to upload the documents referred to above. If you wish to consider, please contact us at the address below and we will be happy to provide.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202200274123 - Information Released - Annex

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