Scotland's future catching policy: strategic environmental assessment report 2026

5. Relevant plans, Programs, and Environmental Protection Objectives

The section below set out those plans, programmes and environmental protection objectives that are considered relevant to the selectivity proposals.

5.1 Domestic

Marine Strategy Regulations 2010 – UK wide

The Marine Strategy Regulations 2010 requires Administrations in the UK to take action to achieve or maintain GES in UK waters. The UK Marine Strategy (UK MS) is a key pillar of marine policy in the UK. There is a clear link between the UK MS and the ‘bycatch objective’ and ‘ecosystem objective’ of the Fisheries Act 2020, sections 1(4) and 1(6).

The UK Marine Strategy Part Three: Programme of Measures identifies reducing unwanted catches as a tool to support the delivery of Good Environmental Status (GES) for birds and cetaceans (Descriptor 1 and 4) and commercial fisheries (Descriptor 3).

Future fisheries: management strategy - 2020 to 2030 – Scotland

Scotland's Fisheries Management Strategy sets the overall strategic framework for fisheries management in Scotland. It contains a 12-point action plan intended to deliver a range of policies and improvements to support responsible and sustainable fisheries management in Scotland. These actions will be delivered over the course of the ten-year timeframe for the Strategy. Supporting policies, such as the FCP, will deliver the outcomes contained within the Strategy.

Biodiversity Strategy – Scotland

By managing fishing activity so our stocks are harvested within sustainable limits, the selectivity proposals will have a positive impact on fish stocks and consequently a positive impact on biodiversity and the wider ecosystem. Improved selectivity will contribute to achieving the aims of the Biodiversity Strategy by supporting a healthy marine environment and maximising the benefits of a diverse natural environment and the services it provides, whilst contributing to inclusive and sustainable growth for Scotland.

UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (‘the Continuity Act’) provides Scottish Ministers with a power to help meet the Scottish Government’s commitment to align with future developments in EU law, where appropriate.

It introduces new duties on Ministers and other public authorities to have due regard to five guiding principles on the environment. These principles are set out at section 13(1) of the Continuity Act, and are the principle of integration, the precautionary principle, the preventative principle, the rectification at source principle and the polluter pays principle. These duties will ensure that consideration of protection and improvement of our environment is embedded in decision-making across different policies and sectors. In effect, this will keep Scotland aligned with the environmental principles that guide policy development in the EU and will contribute to sustainable development.

Climate Change Act 2008 – UK Wide

The Climate Change Act 2008 is the basis for the UK’s approach to tackling and responding to climate change. It requires that emissions of carbon dioxide and other greenhouse gases are reduced and that climate change risks are adapted to. The Act also establishes the framework to deliver on these requirements. The selectivity proposals will indirectly support policies to meet targets to achieve net zero by 2050 as set out in the legislation.

Marine wildlife bycatch mitigation initiative – UK Wide

The Marine wildlife bycatch mitigation initiative outlines how the UK will achieve its ambitions to minimise and, where possible, eliminate the bycatch of sensitive marine species. This initiative brings together, and builds on, existing work such as the UK Bycatch Monitoring Programme and Clean Catch UK, recognising that further actions need to be taken if we are to achieve our objectives. The selectivity proposals will support this initiative by contributing to mitigating the negative impacts of bycatch of sensitive marine species as appropriate.

Scottish Seabird Conservation Action Plan

The Scottish seabird conservation action plan sets out over 50 priority actions which seek to improve resilience to climate change, increase abundance and breeding success in Scotland’s internationally important seabird populations by addressing key pressures, such as bycatch in fisheries. The actions include reducing fishing related mortality in relation to bycatch and competition for prey.

UK Cetacean Conservation Strategy

The UK Cetacean Conservation Strategy provides an overarching evidence-based framework that will assist in setting out where action can be taken to address pressures and threats acting on cetaceans in UK waters. It aims to support the conservation and protection of cetaceans in UK waters through a number of actions, including reducing accidental capture in fishing gears.

National Marine Plan

Scotland’s first National Marine Plan (NMP) (adopted in 2015) sets out how Scottish Ministers intend marine space and resources to be used and managed out to 200 nautical miles. It supports a balance between economic development and environmental protection of Scotland’s seas, guiding marine decision-making to achieve sustainable management.

Marine Protected Areas

The Scottish Marine Protected Area network (MPA’s) are designated areas of the sea established to protect and conserve important marine habitats, species, geological features, and ecological processes, while allowing sustainable use where compatible with conservation objectives. Fisheries management measures have been, and continue to be, implemented in MPA’s in order to mitigate impacts from fishing activity on sensitive features and species. The selectivity proposals aim to improve upon the overall selectivity of the fishing fleet and compliment this body of work.

5.2 International

The draft selectivity proposals have had regard to the commitments the Scottish Government has made under the following international agreements during its preparation:

• The Conservation of Habitats and Species Regulations (as amended following EU Exit)
• The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended following EU Exit)
• The OSPAR Convention
• ASCOBANS