Proposed Fisheries Management Measures within Scottish Inshore Marine Protected Areas (MPAs) and proposed Priority Marine Feature (PMF) Management Areas - Partial Business and Regulatory Impact Assessment (BRIA)

6. Additional implementation considerations

6.1 Enforcement/compliance

Monitoring and control procedures (in relation to fishing activity) will be required where fisheries management measures are necessary to support the achievement of conservation objectives for individual features within MPAs and support improving individual feature (PMF) policy protection as laid out in the National NMP within proposed PMF management areas.

For commercial fishing activity, Vessel Monitoring System (VMS) data will provide a good source of information on spatial activity for vessels over 12 m length. This can be linked to legislation restricting access to MPAs and proposed PMF management areas, allowing passive remote monitoring of vessels over 12 m length. The set-up costs would be relatively low and are considered to be part of core public sector workstreams, however there will be a requirement for additional resources to monitor and react to suspected incursions.

For vessels under 12 m, it may be necessary to establish alternative compliance mechanisms, for example, using inshore VMS systems based on mobile phone technology, which are increasingly being used on under-12 m vessels. Costs of iVMS packages are between £565–£650 +VAT (Nemo^[19] and Succorfish^[20] systems), with annual airtime costs of £120–£160 + VAT. The Marine Directorate consulted on requiring electronic tracking and monitoring technology on under-12m commercial fishing vessels in 20^[21]. It has therefore been assumed that should iVMS be required for monitoring and control, it will be implemented through existing plans and there is no additional cost in relation to the proposed fisheries management measures. However, there will be a requirement for additional resources to monitor and react to suspected incursions.

Since fisheries management measures restrict certain, but not all gear types, some additional site-based inspection activity may also be required, although in the future, remote sensing technologies or high frequency VMS technologies may be able to be used to indicate gear types being deployed.

Future technologies such as Remote Electronic Monitoring (REM) will require further resources to monitor and control, if implemented. It is likely that an increase in polling rates would be required within the sites and areas to support monitoring, control and surveillance activities. A general increase in polling rates is under discussion, however this would rely on Global System for Mobile Communications GSM (mobile phone) technology to send the data as it has lower costs. For most inshore sites and areas, this is an appropriate technology to use.

This would not allow real-time monitoring of activity in the offshore area and therefore would not be appropriate for the offshore SPA sites. Satellite-based VMS data would therefore be required in these sites. Geofences can be set up around sites and areas, initiating a higher polling rate of VMS within the geofence area. VMS usually transmit a ‘ping’ every two hours.

For non-UK vessels, costs are uncertain, the level of effort by non-UK vessels has not been quantified for these sites as only three of these sites extend into the offshore region. Some countries may be able to download the MPA geo-fences directly to the vessels’ devices whilst other countries may have to poll the vessels from the Fisheries Management Centre (affecting whether the costs fall on the vessels, or on the administration). If countries can only poll vessels, then the costs will vary depending on which satellite service is being used e.g. for polling on Inmarsat there may be a charge for the poll request and a charge for the returned position report; this may double the cost in some instances. Costs are most likely to fall on vessels or Fisheries Management Centres from Spain, France and Norway. This applies solely to sites that extend into offshore regions; Seas off Foula SPA, St Andrews Bay SPA and Seas off St Kilda SPA.

If the sites and areas are to be monitored and controlled in real time, then there will be the need for increased resources in the UK Fisheries Monitoring Centre (UKFMC). Part of its work allows for limited checking on the VMS activity within Scottish Waters along with other control and enforcement tasks. It currently costs £850 k per annum for 1.5 persons on duty 24/7 and their resources are currently fully committed. The cost of additional staff resources will depend on the level of monitoring required.

Table 6 gives examples of the salary costs for different grades and working patterns (Flexible Working Hours, FWH) for UK Fisheries Monitoring Centre (UKFMC) officers. Different levels of service may be required. The offshore MPAs SEIA assumed the following:

• Bronze level of service: 2 fishery officers, providing cover Monday to Friday, 07:00-15:30h;
• Silver level of service: 4 fishery officers, providing cover Monday to Friday, 07:00–22:00h;
• Gold level of service: 8 fishery officers and 1 senior officer / manager, providing cover 24/7.

For inshore sites and areas, daytime fishing is more likely, so the bronze and silver levels of service are likely to be appropriate. It is possible that the requirement may diminish over time depending on the level of compliance by the industry. For Option 1, it is assumed that the ‘silver’ level is required for the first two years, followed by ‘bronze’ beyond that. For Option 2, it is assumed that ‘silver’ is required on an ongoing basis. These enforcement costs and levels of service are for the full suite of sites and areas combined.

This results in a present value cost of £2.1 million (Option 1) to £3.6 million (Option 2). Assessed over a 20 year period.

Source: Scottish Government (2024).^[22]

It should be noted that any incursions would need to be responded to and investigated which can be a lengthy process should a criminal prosecution be required. The requirement for this is unclear and so this has not been explicitly costed, beyond the additional UKFMC resourcing requirements above.

The Scottish Government’s Marine Directorate Compliance division have three offshore Marine Protection Vessels (MPVs) and two inshore patrol Rigid Inflatable Boats (RIBs) which are deployed on marine enforcement activities in Scottish inshore and offshore waters. Scottish Government also operate two aircraft used for surveillance and marine enforcement, these would be utilised to monitor compliance.

The Marine Directorate implements a risk-based approach when carrying out operational activities, such as inspections at sea or in ports, so that its staff and resources can be focussed on the areas which represent the greatest risk. This enables the Directorate to make the most efficient and effective use of its resources, minimise costs and be flexible when responding to new risks and issues. The monitoring of compliance with the proposed fisheries management measures would therefore be incorporated into this risk-based approach.

6.2 Other non-quantifiable impacts

In addition to the impact on value of landings, GVA and employment, there are additional potential impacts that have not been quantified in the assessment.

The implementation of fisheries management measures restricting certain gear types from operating in the sites (or parts of the site) and areas may result in fishing activity being displaced and moving to other locations. At the lower end of the range for each option, where a fleet segment passes the displacement test, it is assumed that there is no change in output (no change to the value of landings), but the effort displaced to the surrounding ICES rectangles may result in additional fishing pressure in other locations. However, the locations where activity might move to would be expected to be less sensitive to impacts from fishing than the seabed habitats in the sites and areas where it is displaced from. Affected vessels may have to steam further to reach fishing grounds, and may be fishing on less productive grounds, having to fish more to maintain catches, resulting in greater impacts and potential changes to vessels cost and revenue profiles. They may also be excluded from fishing grounds that provide shelter in rough weather, increasing the risk or limiting the conditions in which vessels can safely fish. These impacts (reflected in the difference between the lower and upper end of the range of the estimates for each option) are likely to be greatest, under Option 1, for:

• Small Isles NCMPA;
• Southern Trench NCMPA;
• Berwickshire and North Northumberland Coast SAC;
• PMF management areas in West Highlands region; and
• Clyde Sea Sill NCMPA.

Under Option 2, these displacement impacts are likely to be greatest for:

• Small Isles NCMPA;
• Fetlar to Haroldswick NCMPA;
• PMF management areas in West Highlands region;
• PMF management areas in Outer Hebrides region; and
• PMF management areas in Argyll region.

However, even under the upper end of the range, where it is assumed that all affected landings are lost and effort cannot move to other locations, it is possible that in reality some effort does move to other locations. In these cases, the impacts are likely to be proportional to the amount of effort displaced, with greater impacts where the displacement test is failed. Fleet segments that failed the displacement test under Option 1 (and where more than £10,000 of landings are affected) were:

• Under-12m demersal trawls in Berwickshire and North, Northumberland Coast SAC;
• Over-12m mechanical dredges in Sound of Barra SAC;
• Over-12m set nets in Seas off Foula SPA;
• Over-12m longlines in Seas off St Kilda SPA; and
• Over-12m mechanical dredges in proposed PMF management areas in West Highlands region (due to Port Erradale (Gairloch) area).

Fleet segments that failed the displacement test under Option 2 (and where more than £10,000 of landings are affected) include those above under Option 1, and:

• Over-12m demersal trawls and mechanical dredges in Berwickshire and North Northumberland Coast SAC;
• Over-12m mechanical dredges in Clyde Sea Sill NCMPA;
• Under-12m and over-12m demersal trawls, and over-12m mechanical dredges in Dornoch Firth and Morrich More SAC & Moray Firth SAC;
• Under-12m and over-12m mechanical dredges in Fetlar to Haroldswick NCMPA; and
• Under-12m and over-12m demersal trawls in Small Isles NCMPA.

The impacts on volume and value of landings have the potential to impact the upstream and downstream supply chains and have wider impacts on communities where fishing is an important component of employment, culture and heritage. Further information can be found in the SEIA Section 5, Social Impacts. Where all demersal mobile gears are proposed to be excluded, this may provide an opportunity for static gears to operate. This may result in additional landings for those operators, and increased employment in the static gear sector^[23], but potentially contributes continued abrasion within the site (Rees et al., 2021)^[24] (although at a lower level than from the demersal mobile gears which have been excluded). There are 14 sites, and all the proposed PMF management areas, with potential for static gear to operate in areas where all demersal mobile gears are excluded:

• Firth of Tay and Eden Estuary SAC;
• Isle of May SAC;
• Dornoch Firth and Morrich More SAC & Moray Firth SAC;
• Southern Trench NCMPA (under Option 2);
• Loch nam Madadh SAC;
• North Rona SAC;
• Sound of Barra SAC;
• Shiant East Bank NCMPA;
• Fetlar to Haroldswick NCMPA;
• Mousa to Boddam MPA & Mousa SAC;
• Papa Stour SAC;
• Sullom Voe SAC;
• Small Isles NCMPA (under Option 2);
• Sound of Arisaig SAC (including marine component of Loch Moidart and Loch Shiel Woods SAC); and
• All proposed PMF management areas.

6.3 UK, EU and International Regulatory Alignment and Obligations

6.3.1 Internal Market/ Intra-UK Trade

The United Kingdom Internal Market Act 2020 came into force following the UK leaving the EU single market. It is anticipated that introducing fisheries management measures for inshore MPAs will have no impact upon internal UK trade including the United Kingdom Internal Market Act 2020 and the Common Framework Agreements.

6.3.2 Goods

The implementation of this policy of fisheries management measures within MPAs and key biodiversity locations outside these sites and proposed management areas in the Scottish inshore region would not significantly impact the sale of goods. The policy does not diverge from that of other UK nations.

The proposed restrictions on fisheries under this policy have the potential for a comparatively small impact on fish landed to Scottish ports. There will be a small impact on other UK, Irish, Danish and Spanish ports. However, the potential for displacement of fishing activity, and the variable nature of landings means this cannot be directly tracked or related to measures. Under proposed measures there will be no impact on market access.

6.3.3 Services

The implementation of fisheries management measures within MPAs and key biodiversity locations outside these sites and proposed management areas in the Scottish inshore region is not expected to impact services or result in regulatory divergence between UK nations. Mutual recognition and non-discrimination principles are not relevant in this case.

6.3.4 International Trade Implications

As outlined above, some foreign vessel landing into Scotland may be impacted, and this would be considered a reduction in imports. However, the impact is relatively small, and these vessels are not disproportionately impacted compared to UK vessels. They could potentially displace their fishing activity elsewhere, much like UK vessels, and/or choose to land their catch elsewhere into the UK. We do not foresee any other impacts on the ability of fishers, processors, or the wider seafood sector to import or export products as a result of the proposed fisheries management measures.

A. Does this measure have the potential to affect imports or exports of a specific good or service, or groups of goods or services?

The policy of implementing fisheries management measures within MPAs and key biodiversity locations outside these sites in the Scottish inshore region does have the potential for a comparatively small impact on landings within Scottish ports. However, the potential for displacement, and the variable nature of landings means this cannot be directly tracked or related to measures. Under proposed measures there will be no impact on market access.

B. Does this measure have the potential to affect trade flows with one or more countries?

No – not beyond the small potential impact on reduced foreign vessel landings.

C. Does this measure include different requirements for domestic and foreign businesses? - i.e. are imported and locally produced goods/services treated equally? - i.e. are any particular countries disadvantaged compared to others?

No. Fisheries management measures implemented within MPAs and proposed PMF management areas in the Scottish inshore region addressed in this assessment will apply equally to all UK fishing vessels. Non-UK vessels cannot fish within Scottish waters (0-12NM). All vessels, including those registered outside the United Kingdom, will be subject to the same management measures, and treated on an equal basis.

6.3.5 EU Alignment consideration

It is in Scotland’s national interest to continue to align with the EU. The introduction of this policy of fisheries management measures supports alignment.

The EU Common Fisheries Policy (CFP) provides the overarching framework for sustainable fisheries management, including inshore areas. Key principles include:

• Sustainability: Ensuring fish stocks are harvested at sustainable levels.
• Ecosystem-based management: Protecting marine biodiversity and habitats.
• Regionalization: Allowing member states to tailor measures to local conditions.

Under the CFP inshore fisheries (within 12 nautical miles) are often managed by national authorities and those authorities, must comply with relevant EU directives, once implemented. These EU directives include:

The Habitats Directive and Birds Directive, which require protection of designated conservation areas. The Marine Strategy Framework Directive through the Marine Strategy Regulations 2010, which promotes Good Environmental Status of EU marine waters. Both assimilated into Scots law.

The UK assimilated key EU nature directives—particularly the Habitats Directive (92/43/EEC on the conservation of natural habitats and of wild fauna and flora) and the Birds Directive (2009/147/EC on the conservation of natural habitats and of wild fauna and flora)—into domestic law. These directives are implemented for the Scottish inshore region by the Conservation (Natural Habitats, &c.) Regulations 1994, commonly referred to as the Habitats Regulations.

The UK’s new relationship with the European Union is governed by two treaties; the EU-UK Withdrawal Agreement and the EU-UK Trade and Cooperation Agreement (TCA). Ministers have a policy commitment to maintain alignment with the EU where possible and in Scotland’s interest, while contributing towards protecting and advancing high standards. Alignment policy applies to EU and domestic policy initiatives and can be achieved through policy commitments, or primary and secondary legislation.

This policy of implementing fisheries management measures within MPAs and proposed PMF management areas in the Scottish inshore region is not expected to impact the TCA agreement.

Marine Directorate officials will provide notifications to the Specialised Committee on Fisheries via the required notification process on the implementation of fisheries management measures in relation to the three sites with proposed fisheries management measures that overlap with the offshore region. The overlapping sites are Seas off St Kilda, Seas off Foula and Outer Firth of Forth and St Andrews Bay Complex SPAs. For these sites, NatureScot led on the development of the proposed management measures with the input and advice of JNCC (who are the SNCB for the offshore region).

This policy of implementing fisheries management measures within MPAs sites and proposed management areas in the Scottish inshore region aligns with the EU’s ecosystem-based approach^[25] and is not expected to impact access to EU markets for people, goods and services. The anticipated impacts are expected to be limited to UK vessels because of the sites locations being mainly inshore; however, it is acknowledged that the impacts on UK vessel landings into the EU have been considered, taking into account the three sites beyond 12nm, and these are estimated to be minimal.

6.4 Scottish Firms Impact Test

This section will be informed by evidence gathered during the consultation phase and completed in the final BRIA. If requested, in addition to the written consultation process there will be meetings, if required, with a number of businesses affected by the proposal across a range of sectors.

The sector most likely to be directly impacted by proposed measures to be consulted on is the commercial fishing industry. Measures were developed with stakeholders from 2013 to 2020 which included fishing industry representatives to take into consideration potential impacts on fishers. Further meetings were held with industry individuals and representatives in 2021, 2022 and 2023 where sites that still need finalised and the developed measures were shared and discussed. In some cases, boundary adjustments were considered to facilitate sustainable fishing if it would not impact the achievement of conservation objectives.

6.5 Legal Aid

It is not expected that fisheries management measures will have any impact on the current level of use that an individual makes to access justice through legal aid or on the possible expenditure from the legal aid fund as any legal/authorisation decisions impacted by the measures will largely affect businesses rather than individuals.

6.6 Digital impact

Impacts on technology have been considered, for all options detailed relevant technology and processes currently in place remain the same.

6.7 Business forms

It is not envisaged that the introduction of fisheries management measures will result in the creation of new forms for business to deal with or result in amendments of existing forms.