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)

7. Next steps and implementation

7.1 Recommendations/preferred options

The Scottish Government has engaged extensively with the fishing industry, communities and local decision makers throughout the process of developing measures to minimise the impact on the catching sector and other fishing businesses.

Following the conclusion of the eventual consultation process, Scottish Ministers will decide upon the fisheries management measures option to take forward.

Two options are being considered, where possible:

• Option 1: Based on conservation advice, 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. The proposed PMF management areas are full area closures to all demersal mobile gear. Option 1 PMF management areas have been refined to reduce the impact on industry; and
• Option 2: The gear types restricted under Option 1 are restricted across the whole site year-round, and for all engine powers. The proposed PMF management areas are full area closures to all demersal mobile gear. Option 2 PMF management areas are more precautionary.

7.2 Implementation considerations/plan

Orders under any of the following legislation; Sea Fisheries (Conservation) Act 1967, Inshore Fishing (Scotland) Act 1984 (legislation.gov.uk) could be the mechanisms used to implement those measures, however a final decision has not been made at this stage.

Once fisheries management measures are in place this will mean that infringement of the management measures will be a criminal offence.

It is intended that a scientific exception will be included in the measures to allow relevant and appropriate scientific survey work to be carried out within the sites and proposed management areas as required. It is also intended that the measures will include a requirement that restricted fishing gear is lashed and stowed when within areas subject to relevant fishing restrictions.

7.3 Post implementation review

Responsibility for compliance, monitoring and enforcement of the provisions will be carried out by Scottish Government Marine Compliance. Reserved issues will continue to be addressed by the respective departments within the UK Government.

There is a requirement under the Marine (Scotland) Act 2010 to report and review the network every six years, the next review is due in 2030. Once fisheries management measures are implemented, they will be captured within the reporting cycle of the MPA network.