Proposed Fisheries Management Measures for Inshore Marine Protected Areas and Proposed Priority Marine Feature Management Areas in Scottish Waters - Draft Equality Impact Assessment Record

Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

No positive or negative impacts have been identified for any of the equality groups. The policy is neither directly nor indirectly discriminatory under the Equality Act 2010. This means no mitigating action is required in relation to the protected characteristics.

A mitigation plan to address the impacts of the policy on affected communities is under development. Proposals for mitigation under this plan will be developed to ensure actions do not inadvertently create discrimination against the protected characteristics.

Describing how Equality Impact analysis has shaped the policy making process

The development of the MPA network in Scottish waters has been in progress since the early 2000s and has involved a large degree of stakeholder engagement. While the MPA network is science-led in advice, engagement has been sought throughout the process from those stakeholders who hold an interest or who may be affected by MPAs and the proposed fisheries management measures. Stakeholder insight is and continues to be sought in providing information used to support the development of options for potential management measures for MPAs and proposed PMF management areas in their activity area.

Since the initial consultation on Phase 1 MPA management measures in 2014 (for sites most at-risk) there has been significant stakeholder engagement conducted in relation to this policy. This includes follow up consultations on Marine Conservation orders, a PMF scoping consultation, and workshops on MPA and PMF management prior to the COVID-19 pandemic causing a temporary halt in engagement. Due to the length of time which had elapsed the MPA and PMF management were combined under one SEA and SEIA. This had the advantage of simplifying the process for stakeholders allowing the cumulative effects from the two sets of proposals to be better calculated.

Since 2022 Scottish Government officials have met with fisheries and environmental and conservation stakeholders separately 120 times in a range of different forums to discuss MPAs and MPA related issues.

In 2023 a participatory project was undertaken as part of the process of developing the SEIA. This work focussed on developing a better understanding of social values in communities which may be affected by the proposed fisheries management measures. This was undertaken in line with new guidance developed with stakeholders in 2022. The project built on previous research going as far back as 2015.

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 vulnerable to bottom contacting mobile fishing gear. A consultation on the phase 1 measures for MPAs was held in 2014, capturing the views of a wide range of stakeholders, from industry groups to the general public. A consultation to determine the necessary approach to protect Priority Marine Features outside of the MPA network was conducted in 2018. Engagement has been ongoing since, although the COVID-19 pandemic limited engagement between 2020 and 2022.

Protected areas were addressed on a site/area by site/area basis allowing fishermen to provide evidence to identify any key fishing ground within MPAs and proposed PMF management areas. The proposals for each site or area take into account views expressed at each workshop and aim to balance protection of the marine ecosystem against socio-economic fishing interests.

A full socio-economic impact assessment was then undertaken to establish potential impacts of these measures and the scale of potential impacts. This impact assessment was conducted using guidance informed by stakeholder engagement conducted in 2022 specific to conducting socio-economic impact assessments for inshore marine protected areas.

Monitoring and Review

The Marine Biodiversity team will periodically review the available data and statistics once measures are in place. The team work closely with Sea Fisheries policy and undertake regular communication with fishing industry representatives. We will use these mechanisms to continue to gather evidence and assess any impacts of the proposed policy.

The team will also take this into consideration within the MPA network assessment report to parliament which is produced for each 6 year period, the next report is due in 2030.