Proposed Fisheries Management Measures within Scottish Inshore Marine Protected Areas (MPAs) and proposed Priority Marine Feature (PMF) Management Areas - Island Communities Impact Assessment (ICIA)

3. Step Three – Consultation

The Scottish Government have assessed the two following options, each presenting differing levels of management. These options have been assessed against Option 3. Please see Table B below. There are 23 sites where a full site restriction on gears requiring management was deemed to be the only option suitable to achieve the desired level of protection of the features, so only one option is presented for those sites. Only one management option is presented for 44 of the proposed PMF management areas. This is the case where only one option was identified as enabling the achievement of the desired level of protection for the feature in question.

Gears requiring management in MPAs were identified from advice and evidence provided by NatureScot and supported by findings within the Fisheries Assessments undertaken for each site. . NatureScot’s advice is presented in their Conservation and Management Advice documents for each MPA and are based on the best available science and evidence and can be found on Sitelink by searching for each individual site. Overview of NatureScot advice can be found on their website..

For the proposed PMF management areas, gears requiring management were identified from advice and evidence provided by NatureScot, sensitivity of the features, and outcome of 2019 public consultation: Improving protection given to Priority Marine Features outside the Marine Protected Area network - Scottish Government consultations - Citizen Space.

Option 1: Implement zonal feature-based fisheries management measures through Inshore Fishing (Scotland) Act 1984 or Sea Fish (Conservation) Act 1967.

Option 1 represents proposed fisheries management measures that have been informed with the best available evidence and advice from the appropriate Statutory Nature Conservation Body and developed with the fishing industry and Environmental Non-Governmental Organisations (eNGOs).

These proposed fisheries management measures have been developed with a focus on protecting features to achieve the desired level of protection, whilst allowing sustainable fishing activity and practices to continue alongside.

Under this option, 53 of the 76 MPAs have proposed zonal measures for specified gears. This is the case where certain gears are restricted within the site to protect the designated features. Where possible, zoned and temporal measures are used, or measures that apply only to vessels above a certain engine power. For the remaining 23 sites, a full site restriction on gears requiring management was deemed to be the only option suitable to achieve the desired level of protection of the features, so only one option is presented for those sites.

The proposed PMF management areas do not have zonal measures as any proposed PMF management area will prohibit all demersal mobile fishing gears due to the sensitivity of the seabed features to this type of activity. Of the 90 proposed PMF management areas 46 have two options proposed. Only one management option is presented for 44 of the proposed PMF management areas. This is the case where only one option was identified as enabling the achievement of the desired level of protection for the feature in question.

The proposed fisheries management measures for Option 1, including maps, are available in the High Level Site and Area Summary and the Site and Area Proposal documents in the supporting documents of the consultation as well as on the consultation platform.

Option 2: Prohibit damaging gears from the full site under the Marine (Scotland) Act 2010, Inshore Fishing (Scotland) Act 1984 or Sea Fish (Conservation) Act 1967.

Option 2 would restrict specified fishing activity from the full MPA site. The proposed PMF management areas are all full area closures to demersal mobile fishing gear and Option 2 includes the largest closure that has been developed for each individual area.

The proposed fisheries management measures for Option 2, including maps, are available in the High Level Site and Area Summary and the Site and Area Proposal documents in the supporting documents of the consultation as well as on the consultation platform.

Option 3: Do Nothing – No Additional Management

Option 3 is the ‘Do nothing’ option; this is the baseline scenario. Under this option, there is no change to the management measures already in place, such as The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Order 2015 and The Sandeel (Prohibition of Fishing) (Scotland) Order 2024 which came into force on 26 March 2024 and prohibits all targeted sandeel fishing within Scottish waters.

As outlined previously, there are legislative drivers for implementing proposed fisheries management measures in Scottish MPAs and proposed PMF management areas. On the basis of this, no additional management is not considered a viable option and will not be presented at consultation.

3.1 Information already gathered through previous engagement

Extensive stakeholder engagement has already been undertaken in the development of the proposed fisheries management measures. 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. This has included:

• Developing new socio-economic guidance to inform our statutory assessments which was published in 2022.
• In-person engagement at 6 locations, Stornoway, Ullapool, Oban, Troon, Lerwick and Peterhead to better understand the social values of coastal and island communities that inform their perceptions of changes in the management of the marine environment and how these impact on their lives. The purpose of the current research was to engage with local communities to gather insights and identify key issues and concerns. The key themes emerging from this research are outlined in Section 4.14.
• Fishing vessel data provided by individual fishing vessels and coordination with fishing organisation representatives.
• Initial discussions with a wide range of stakeholders in the initial development of fisheries management measures for MPAs and proposed PMF management areas. Minutes of these meetings have been published on the SG website.

In addition to what has been outlined above, extensive engagement with a wide range of stakeholders has been undertaken throughout the development of this policy. Developing fisheries management measures, with stakeholder input, helps to develop consultation options suitable to achieve the desired level of protection of the features whilst allowing sustainable fishing activities to continue where possible.

Both options are being presented for public consultation to gather views from stakeholders, including coastal communities, fishers, environmental organisations, and the wider public. The feedback will help shape final decisions on how best to implement effective and proportionate management measures across Scotland’s MPA network and key biodiversity locations.

Figure A below outlines milestones in stakeholder engagement, include limitations such as the COVID-19 pandemic. Some of these milestones were discussed in the section above.

Figure A. Timeline of Stakeholder Engagement for Inshore MPAs and PMFs.

• 2014: Consultation on Phase 1 MPA management measures.
• 2015: Follow up consultations on draft Marine Conservation Orders (MCOs).
• 2016–2017: Consultation on proposed marine Special Protection Areas (SPAs), covering 15 sites identified for their importance to marine birds.
• 2018: Consultation on the Strategic Environmental Assessment (SEA) and network assessment for the proposed SPA suite.
• 2018: PMF scoping consultation.
• 2019: Supplementary consultation on updated SEA findings and aspects of SPA site classification.
• 2019: Pre-consultation workshop on MPA and PMF management.
• 2019-2020: Additional stakeholder engagement on the MPA and PMF measures is undertaken but halted by the Covid pandemic.
• 2019: Consultation on North-east Lewis, Sea of the Hebrides, Shiant East Bank and Southern Trench NCMPAs.
• 2020-2022: Covid restrictions limit stakeholder engagement (and therefore progress) on Phase 2 and PMF management measures development.
• 2022-2024: Ongoing stakeholder engagement and development of inshore management options.
• June-September 2023: In-person social engagements in Lerwick, Peterhead, Troon, Oban and Ullapool.
• January 2024: In-person social engagement in Kirkwall and Stornoway.

The Scottish Governments statutory nature conservation advisor, NatureScot, have been consulted on these proposals, with conservation advice helping to inform the basis of the fisheries management measures. Following engagement with stakeholders conservation and management advice was provided by NatureScot on the sensitivity of the protected features at each site and advice on activities considered capable of affecting the protected features.

PMF advice and individual PMF guidance documents for each of the 11 PMFs is provided by NatureScot.

The Scottish Government has discussed its proposals with the following internal groups during the development of these proposals:

• Scottish Government Sea Fisheries Policy
• Scottish Government Marine Species Policy
• Scottish Government Marine Analytical Unit
• Scottish Government Marine Compliance
• Scottish Government Marine Directorate Science, Evidence, Data and Digital (SEDD)
• Scottish Government Aquaculture and Recreational Fisheries

Stakeholders

Fisheries management measures are likely to be of interest to all sea users, groups and individuals who have a vested interest in the marine environment, its health and protection.

Due to the location and level of restriction that these proposed fisheries management measures will place on site or proposed management area users, particularly the commercial fishing sector, we would envisage that stakeholders most likely to be impacted by their implementation would include the commercial fisheries sector. We would not rule out the possibility of other sectors such as Military and Defence, Oil and Gas, Seabed Mining, Shipping, Aquaculture (Finfish, Shellfish and Seaweed), Recreational Angling and Boating, Environmental Groups, Tourism and Wider Communities and Business, could be affected these proposed fisheries management measures.

Specifically, there are a number of stakeholders who have engaged with Officials throughout the development of these fisheries management measures, although this list is not exhaustive:

• Aberdeen Fish Producers Organisation (AFPO)
• Blue Marine Foundation
• Coastal Communities Network (CCN) and associated member organisations
• Clyde Fishermen’s Association (CFA)
• Communities Inshore Fisheries Alliance (CIFA)
• Hooktone Ltd
• Mallaig and Northwest Fishermen's Association (MNWFA)
• Orkney Fisheries Association (OFA)
• Open Seas
• Our Seas (and associated member organisations)
• Ross, Sutherland, Skye & Lochalsh Fisherman’s Association (RSSLA)
• Scottish Islands Federation (SIF)
• Scottish Fishermen's Federation (SFF)
• Scottish Fishermen’s Organisation (SFO)
• Scottish White Fish Producers Association (SWFPA)
• Scottish Environment Link (and associated member organisations)
• Shetland Fishermen’s Association (SFA)
• Shetland Shellfish Management Organisation (SSMO)
• Shetland University of the Highlands and Islands (UHI)
• Sustainable Inshore Fisheries Trust (SIFT)
• Western Isles Fishermen’s Association (WIFA)
• West of Scotland Fish Producers Organisation

We would expect all the above listed stakeholders to respond to the public consultation on the fisheries management measures when this is launched.

3.2 Stakeholder consultation engagement approach and timescales

We have engaged with sector stakeholders and eNGOs in the preparation of this policy (see section 3.1). We have also engaged with a number of Local Authorities through online and in-person meetings which include Orkney, Western Isles, Shetland, Argyll and Bute, Aberdeenshire, Moray, Highland and Dumfries and Galloway. There will sessions held around Scotland where individual fishers can take part which will include island locations.

As part of the legislative process of implementing new policy, we will be consulting on the proposed options for fisheries management measures in an extended 16-week public consultation

The consultation will allow us to gather and evaluate a range of viewpoints from stakeholders and the public. As we progress the policy development stages, we may undertake further engagement events, as necessary. Any timetabled strategic engagement plans will be sent ahead of time to stakeholders and representatives. Whilst keys updates on further engagement such as consultation events will be sent through the stakeholder mailing list and Marine Directorate social media channels. We encourage, and are always keen to hear, a range of viewpoints at any point throughout the process.

Any timetabled strategic engagement plans will be sent ahead of time to stakeholders and representatives.

Some of the main points for engagement with stakeholders throughout the policy

process include.

1. Meetings with representative stakeholders to inform of site and area

Progress and development.

2. Workshop sessions with representative stakeholders to inform them of the Sustainability Appraisal completion and run-through the assessment documentation.

3. A 16-week statutory public consultation on the proposed fisheries management measures.

4. Engagement sessions and requested meetings once the public consultation on the fisheries management measures has gone live.

As outlined previously, Local Authorities will continue to be part of the stakeholder engagement on the MPA and proposed PMF management areas fisheries management measures.

At the online and in-person meetings held with various Local Authorities that may see biggest impacts from the proposed fisheries management measures, we presented examples of the proposed fisheries management measures, key socio-economic impacts and engagement timelines.

Throughout the consultation we will provide opportunities for the general public and stakeholders to provide comments and feedback under each site and area proposal where respondents can highlight if there are specific impacts to island communities which have not been accounted for. In addition, we will also provide the opportunity for specific feedback on the various impact assessments including the Sustainability Appraisal, SEIA, SEA, Social Impacts Research Report, draft BRIA, draft Fisheries Assessments and this draft ICIA.

3.3 Consultation events for island communities/Local Authorities/key stakeholders

See section 3.2. We will be holding consultation engagement sessions whilst the public consultation is live. These sessions will be a mix of online and in- person events and will be open for the public and stakeholders to attend, irrespective of whether they are based on the mainland or on the islands. The in person events will be spread throughout Scotland and its islands. Online events will include mainland and island region specific sessions.

3.4 How will the views of island communities be gathered through consultations

This ICIA will be available for the public and stakeholders to view and comment on during the 16-week public consultation process. There will be specific questions within the consultation relating to the ICIA and those wishing to can submit their views. We will gather all comments and complete a consultation analysis report.