Offshore Marine Protected Areas - fisheries management measures: SG response

5. Crosscutting Comments

Throughout the consultation, a number of recurring themes emerged across multiple sites and stakeholder groups. These cross-cutting comments highlight broader concerns, opportunities, and implementation challenges and have been considered in how we take forward the finalised measures.

5.1 Socio-economic Impacts

Fishing industry respondents raised strong concerns about the potential economic effects of the proposed restrictions, particularly for smaller operators and remote coastal communities that may be more vulnerable to change.

SG Response

Assessing and understanding the potential socio-economic impacts has been central to informing management decisions. A feature-based approach was used to develop the measures, helping to minimise disruption to fishing activity where possible, while still ensuring protection for important marine habitats and species.

To strike a balance between environmental protection and socio-economic sustainability, the management measures were developed collaboratively with industry and environmental stakeholders. This approach aimed to ensure that the views and needs of affected communities were reflected in the design of the proposals.

A detailed Socio-Economic Impact Assessment (SEIA) was carried out to identify and assess the potential economic and social effects of the proposed fisheries management measures, both at the level of individual sites and also across the full package of sites. The assessment considered not only the potential costs but also the longer-term benefits that could arise from improved marine ecosystem health.

Many of these long-term benefits are expected to stem from improved ecosystem services, such as healthier fish stocks, carbon storage, climate regulation, and cultural and educational value. While these benefits are difficult to quantify due to data limitations and valuation challenges, they are expected to deliver wide-reaching and meaningful gains for society, including benefits to fisheries through spill-over effects, greater carbon sequestration, and improved opportunities for recreation and wellbeing.

5.2 Enforcement and Compliance

A consistent concern raised through the consultation was the need for clear, enforceable measures and adequate resources to ensure compliance. This was particularly emphasised by respondents from environmental and scientific communities, who highlighted that without proper monitoring and enforcement, the proposed protections may not achieve their intended conservation outcomes.

SG Response

We recognise that successful implementation of fisheries management measures depends on robust compliance. Marine Directorate Compliance will continue to work in partnership with the fishing industry, technology providers, and other agencies to strengthen monitoring tools, including the use of vessel monitoring systems (VMS), electronic reporting, and remote surveillance.

An Order implementing the measures will be taken forward under section 5(1) of the Sea Fish (Conservation) Act 1967 (“the 1967 Act”). Once this Order comes into effect any person who contravenes a prohibition or restriction imposed by it will commit an offence under that section. The maximum penalties are specified by section 11 of the 1967 Act. On summary conviction, the maximum penalty is a fine not exceeding £50,000. On conviction on indictment, the maximum penalty is an unlimited fine. These penalties serve as an important enforcement mechanism to support sustainable fisheries management and compliance with conservation measures.

As part of the measures, a minimum transit speed of six knots for vessels operating restricted gears will be added to all fishing licences. The Order will include a requirement to ensure that the specified fishing gear for any specified area is stowed when a fishing vessel is in that area. Section 9 of the 1967 Act sets out certain exemptions for scientific and other specified purposes.

5.3 Monitoring and Assessment

Many respondents emphasised the importance of long-term scientific monitoring to evaluate the effectiveness of fisheries management measures, with concerns raised about current gaps in data, particularly in offshore areas where access and monitoring are more challenging. Environmental organisations, academic institutions, and several individual respondents highlighted the need for clearly defined monitoring objectives, consistent methodologies, and transparent reporting to track ecological outcomes and adapt management where necessary.

SG response

The Scottish Government recognises that scientific monitoring is vital for evaluating the ecological effectiveness and wider impact of fisheries management measures and for supporting evidence-based decision-making. Recovery rates for protected features can vary widely, with some slow-growing habitats and species potentially taking decades or even centuries to fully recover or re-establish. These variations will be carefully considered when monitoring and assessing the condition of sites and their protected features.

The Marine Directorate will continue to work closely with JNCC to undertake targeted surveys and assessments, focusing on key indicators such as habitat condition and species abundance to assess the condition of protected features within MPAs. This includes carrying out seabed surveys, analysing data on species and habitats, and developing standardised methods to support long-term site assessments. These activities are guided by the Scottish MPA Monitoring Strategy, and the resulting evidence will inform the ongoing protection and restoration of marine biodiversity within MPAs.

5.4 Data Gaps and the Role of Evidence

Several consultees, including industry representatives and NGOs, emphasised the importance of a transparent, evidence-based approach. While some called for precautionary protections in the face of data gaps, others urged further site-specific studies to justify restrictions.

SG Response

Our management decisions are based on the best available scientific evidence and are guided by JNCC advice. This advice considers the risks to site conservation objectives, including the sensitivity of protected features, existing data gaps, and any uncertainties in the evidence. Ongoing research and site-specific surveys will be prioritised through the Scottish MPA Monitoring Strategy.

As always, we welcome the submission of evidence and data for consideration as part of the ongoing management and monitoring of MPAs. Any such information can be shared with NatureScot or JNCC, who are responsible for reviewing and quality assuring data used to inform conservation advice.

5.5 Reasonable Alternative

A number of respondents commented that the ‘reasonable alternative’ of Option 2, applying measures to the full site, should not be considered due to the potential for increased socio-economic costs, and possible environment effects that could arise from displaced fishing activity.

SG Response

In line with The Environmental Assessment of Plans and Programmes Regulations 2004, public bodies are required through the Strategic Environmental Assessment process to assess reasonable alternatives.

The alternative consulted on is a more precautionary approach involving full-site restrictions on specified gear types. This alternative was selected as it met the environmental objectives and allowed for a comparative assessment of a broader range of potential impacts, supporting a more robust and transparent decision-making process.

5.6 Environmental Assessment Outcomes

Some respondents raised concerns that the measures proposed under the reasonable alternative (Option 2), which would apply restrictions across the full site rather than zonally, as in Option ,1 could deliver lesser environmental benefits overall. This concern stemmed from the potential for displacement of fishing activity, which could lead to increased pressure in already heavily fished areas, expansion into previously unfished or low-activity areas, or a shift in effort to gear types not restricted by the proposed measures. Respondents noted that such displacement could undermine the intended conservation outcomes.

SG response

The Scottish Government acknowledges these concerns and recognises the complexity of predicting displacement effects. These potential impacts were considered in the overall assessment of the options. However, the primary purpose of the proposed measures remains the protection of the specific habitats and species for which each site is designated. In line with this, decisions were guided by the need to ensure effective site-level conservation, while also taking into account the broader implications of potential displacement. The Scottish Government remains committed to monitoring the outcomes of management measures and adapting approaches where necessary, consistent with the adaptive management approach.

5.7 Gear categorisation

A recurring theme in the consultation responses was the classification of fishing gears, particularly the inclusion of anchored nets and lines within the broader category of static gear. Respondents raised questions about the appropriateness of this categorisation.

SG Response

The Scottish Government acknowledges that while static gears such as longlines and set nets (e.g. trammel, gill, and entangler nets) are generally considered lower impact than mobile gears, their use in sensitive habitats must still be assessed case by case. While hooks and lines themselves are unlikely to directly contact protected features, the gears may still pose a risk due to the potential disturbance caused by their weights and anchor stones making contact with the seabed.

Evidence from observer programmes suggests low benthic bycatch from gillnets, but scientific studies show even limited disturbance can have long-term consequences, especially for slow-growing features like cold-water corals and deep-sea sponge aggregations (ICES, 2009; Andrews et al., 2002). One study found 38% of coral colonies in longline areas had sustained damage, which may lead to lasting changes in benthic communities, (Pham, et al., 2014). Given the slow growth and long recovery times of these features, recovery could take hundreds or even thousands of years (Sherwood and Edinger, 2009; Carreiro-Silva et al., 2013).

Cumulative effects, even from infrequent interactions, are a key consideration in the development of fisheries management measures. Our conservation objectives aim not only to protect the presence of features but to maintain their condition, structure, and extent. Restoration of such habitats is extremely difficult, if not impossible, so prevention of damage is critical.

We also recognise the challenges in monitoring static gear activity, particularly at depth, due to limitations of current compliance tools like VMS. While Scottish vessels may not typically fish static gear directly on the seabed in sensitive areas, vessels from other nations may do so, adding to the potential risk.

This decision has been informed by the best available scientific evidence, including collaboration with statutory scientific advisors, to ensure that fisheries management measures, including gear categories, are evidence-based and proportionate to conservation objectives. The full JNCC Fisheries Management Guidance for all features is available online via the JNCC website. Key documents relevant to this this concern include those on Coral gardens, Deep-sea sponge aggregations, and Seamount communities.

5.8 Stakeholder Engagement and Transparency

A recurring theme was the importance of transparency in decision making and the need for clear channels for stakeholder engagement, particularly during the development of site-specific measures. The development of these measures has been a collaborative effort involving stakeholders, advisory bodies, and officials, and we extend our sincere thanks to all who have contributed their time and insight to reach this point.

SG Response

Extensive engagement has been a key part of developing the fisheries management measures for offshore MPAs. Stakeholder workshops took place in June 2013, April 2014, and March 2015, involving fishing industry representatives from a range of nations, individual fishers, environmental NGOs, advisory bodies, and marine scientists. These early discussions helped shape initial proposals, and meeting notes are available online.

As evidence evolved, updated measures were shared with stakeholders in workshops in 2022, allowing continued input on changes needed to reflect the latest scientific understanding. Additionally, following the lifting of the EU Cod Recovery Plan restrictions on the West Shetland Shelf MPA in 2019, new measures were developed collaboratively with statutory nature conservation bodies (SNCBs) and stakeholders, with relevant workshop minutes published online.

In December 2022, a further workshop was held to present draft impact assessments and gather stakeholder feedback, reinforcing the transparent and collaborative approach.

Engagement extended beyond domestic stakeholders to include EU member states, who were sent proposals during the initial consultation in 2016, invited to provide comments, and participate in a dedicated workshop in Edinburgh. Correspondence and workshop notes are publicly accessible via the Scottish Government website. In 2024, SG officials held meetings with fisheries representatives from the EU, Norway and Faroese to provide an update on the process and outline and discuss the measures subject to consultation.

Looking ahead, we will continue to strengthen stakeholder involvement, with a particular focus on targeted engagement with fishers and local communities. We remain committed to open and inclusive governance, ensuring that future decision making is transparent, inclusive, and evidence led, shaped by engagement.

The upcoming consultation on fisheries management measures for inshore MPAs, planned for November 2025, will build on lessons learned from this process. We recognise the challenges relating to the volume of material and information and will endeavour to ensure information and materials are accessible, clear, and user-friendly.

5.9 Integration with Wider Marine Policy and Net Zero Goals

There was strong support for ensuring that MPA management measures are integrated with broader marine and climate policies. Respondents highlighted the opportunity for MPAs to contribute to climate resilience, blue carbon storage, and nature recovery targets.

We agree that fisheries management in MPAs contribute to wider national objectives. The Scottish Blue Carbon Action Plan will align with MPA implementation to help to maximise co-benefits for climate mitigation and biodiversity. We are taking an ecosystem-based approach to marine planning and development of our updated national marine plan, in support of sustainable development and ecosystem-based management of human activities. We seek to do this through our coordinated approach to management of the marine environment and marine resources across a range of different policies and commitments.