Scotland's future catching policy - selectivity proposals consultation 2026: partial BRIA

Section 4: Additional implementation considerations

Enforcement/ compliance

Marine Directorate: Operations, play a central role in ensuring the enforcement of sea fisheries regulations in Scottish waters and also in the monitoring of the marine environment and marine species. There is a well-established and existing regulatory and management practices, which are enforced using a robust regulatory framework and utilising a range of compliance assets to ensure sustainable fishing and marine resource protection. Key actions they undertake include sea patrols, aerial surveillance and port inspections.

Any selectivity proposals that are implemented on a regulatory basis will form part of the sea fisheries regulations the Operations portfolio enforce.

UK, EU and International Regulatory Alignment and Obligations

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 implementing the selectivity proposals will have no impact upon internal UK trade including the United Kingdom Internal Market Act 2020 and the Common Framework Agreements.

The selectivity proposals will apply across Scottish waters, and will be applied to Scottish, UK and non-UK fishing vessels operating in this area. Any measures that are implemented as a result of the consultation will be applied on a level playing field basis.

International Trade Implications

There will be no impact on international trade into and out of Scotland from any implementation of the selectivity proposals. As noted, any measures would be applied on a level playing field basis with domestic and foreign businesses impacted in the same way within Scottish waters.

EU Alignment consideration

We remain committed to the principles of the Common Fisheries Policy. Selectivity proposals aim to tackle and reduce discarding to increase accountability in fishing activity. There will be both alignment and some technical level deviation on how we approach this, which is common in fisheries management. As fisheries management is a devolved matter, each fisheries administration has the ability to implement specific fisheries management measures to enable appropriate management of fishing activity in their waters. However, options will align and build on the underlying principles the EU associates with sustainable and responsible fisheries to make improvements to the operability of the landing obligation and current legislation. We are clear that the principles underpinning the current landing obligation, particularly of reducing waste and maintaining healthy stocks, should be upheld.

We will continue to engage with the EU post consultation and continue to monitor the EU’s policy in this area and will consider any alignment issues as they arise, particularly with the announcement that reciprocal access arrangements under the UK-EU Trade and Cooperating Agreement have been extended for a further 12 years.

Legal Aid

Implementation of any of the selectivity proposals is unlikely to have any legal aid implications.

However, in most cases further policy development work will be needed for any new actions, which could include further evidence gathering or public consultation, along with the completion of appropriate impact assessments.

Digital impact

Implementation of any of the selectivity proposals is unlikely to have any digital impacts.

However, in most cases further policy development work will be needed for any new actions, which could include further evidence gathering or public consultation, along with the completion of appropriate impact assessments.

Business forms

Implementation of any of the selectivity proposals is unlikely to bring any new forms for business to complete. However, current forms may be subject to amendment to reflect reporting requirements. Any amendments will be subject to review and testing to ensure they are fit for purpose and easy to use.

In most cases further policy development work will be needed for any new actions, which could include further evidence gathering or public consultation, along with the completion of appropriate impact assessments.