Offshore Marine Protected Areas - fisheries management measures: SG response

1. Introduction

The Scottish Government’s vision for the marine environment is one of clean, healthy, safe, productive, and biologically diverse seas, managed sustainably to meet the long-term needs of both nature and people. As part of this vision, Scottish Ministers are introducing fisheries management measures for Marine Protected Areas (MPAs) where such measures are needed but are not already in place.

From 19 August to 14 October 2024, the Scottish Government consulted on proposed fisheries management measures for 20 offshore MPAs. Of these, 15 sites had two options presented (zonal management or full site closure), while five sites had only one option (full site closure). The consultation also sought views on a proposed amendment to the boundary of the West of Scotland MPA.

The MPAs consulted on include MPAs designated under the UK Marine and Coastal Access Act 2009 and Special Areas of Conservation (SACs) designated under the Conservation of Offshore Habitats and Species Regulations 2017.

In making decisions on proposed management measures for the offshore sites; Scottish Ministers complied with their varied statutory obligations and duties including the specific requirements noted below.

Under the UK Marine and Coastal Access Act 2009 Scottish Ministers have a duty to designate MPAs that contribute to the conservation and improvement of the UK’s marine environment. Once designated, it may be necessary to implement management measures to help achieve the conservation objectives of each site. These objectives set out the ecological aims for the protected features and the management measures may include restrictions on specific fishing gear types or spatial/seasonal closures, depending on the sensitivity of the site.

For MPAs, under the Marine and Coastal Access Act 2009, Scottish Ministers have a duty to exercise functions which could significantly affect an NCMPA in a manner that best furthers the conservation objectives of the site (or where that is not possible, least hinders the achievement of the objectives).

For Special Areas of Conservation (SACs), The Conservation of Offshore Habitats and Species Regulations 2017 require Scottish Ministers to implement measures considered necessary for the achievement of the conservation objectives of each SAC and which correspond to the ecological requirements of the habitats and species for which the SAC has been designated. In doing so, Ministers must also consider economic, social and cultural requirements, and regional and local characteristics, as well as any existing site management schemes.

The fisheries measures have been developed individually for each site, based on the best available scientific evidence of the potential impact of different fishing gears on the site’s protected features. This includes advice and evidence provided by the Joint Nature Conservation Committee (JNCC), the relevant Statutory Nature Conservation Body. Further information for each site is available in the Fisheries Management Options papers, accessible via the JNCC Resource Hub.

An independent analysis of consultation responses was carried out by the Diffley Partnership. Their report has been published separately and is available online on the Scottish Government website.

As with all public consultations, the responses received may not reflect the views of the general population. Those with a strong interest in the issue are more likely to respond, which can result in a self-selection bias. For this reason, the consultation analysis focuses on understanding the range and reasoning behind different views, rather than measuring the level of support for particular options.

All responses have been given equal consideration, whether submitted by individuals or organisations. To support review and analysis of responses, they were categorised as follows:

Substantive response: A response drafted by a respondent using their own words (and not submitted through a co-ordinated campaign), or a nonstandard campaign response. The use of the term ‘substantive’ here is not intended to imply that such responses were lengthier or more substantial than, for example, standard campaign responses – simply that the responses were original or, in the case of non-standard campaign responses, were personalised.

Campaign response: A response submitted through a co-ordinated campaign, often using standard text provided by the campaign organiser. Campaign responses are of two types – standard and nonstandard.

Standard campaign response: A response to the consultation in which the respondent simply added their name to the standard text provided by a campaign organiser without making any changes to it.

Non-standard campaign response: A response to the consultation in which the respondent edited the standard text provided by a campaign organiser or added their own comments to it before submitting it (usually via the campaign organiser’s website).

The full consultation paper and all associated documents are available online.