Demersal Fisheries Management Plans proposals: strategic environmental assessment - environmental report

4. Relevant Plans, Programmes and Environmental Protection Objectives

The draft Whitefish/Demersal FMPs have broad application since they cover an activity that occurs across Scottish, English, Northern Irish and Welsh waters. Consequently, the plans will interact with a range of established national legislation, plans and programmes, and international agreements and declarations signed by the UK.

The draft Whitefish/Demersal FMPs apply to Scottish, English, Northern Irish and Welsh waters, therefore when preparing FMPs the relevant fisheries policy authorities are required to have regard to this existing regulatory structure.

The sections below set out those plans, programmes and environmental protection objectives that the fisheries policy authorities consider relevant to the implementation of the draft Whitefish/Demersal FMPs. The Whitefish/Demersal FMPs could interact with other relevant plans and projects. Any cumulative impacts will also be considered in any future assessments ahead of implementing measures.

International

The draft Whitefish/Demersal FMPs have had regard to the commitments the UK has made under the following international agreements and declarations during its preparation:

• Trade and Cooperation Agreement (TCA) between the EU and the UK
• UN Fish Stocks Agreement 1995
• UN Convention on the Law of the Sea (UNCLOS)
• UN Sustainable Development Goals
• UN Convention on Biological Diversity (CBD)
• Convention on the Conservation of Migratory Species of Wild Animals (CMS)
• RAMSAR Convention
• Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
• Convention for the Protection of the Marine Environment of the Northeast Atlantic (OSPAR)
  • The OSPAR Quality Status Report is a key resource when looking at the environmental impact of fisheries in the Northeast Atlantic.
• Regional Fisheries Management Organisations (RFMOs): The UK is an independent Contracting Party to NEAFC – Northeast Atlantic Fisheries Commission relevant to stocks being managed through the FMP:
• Convention for the Protection of the Archaeological Heritage of Europe
• Council of Europe Landscape Convention

Domestic

The draft Whitefish/Demersal FMPs have had regard to the following national legislation, plans and programmes during its preparation:

Marine Protected Areas

FMPs are required by law to consider the implications of the fishing activity they manage for designated sites, primarily Marine Protected Areas (MPAs). Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) are protected under the Conservation of Habitats and Species Regulations 2017, known as the Habitats Regulations. Marine Conservation Zones (MCZs) are protected by the Marine and Coastal Access Act 2009.

The MPA network covers 38% of UK waters. Relevant or public authorities, (including fisheries regulators), assess human activities that could interact with the designated features of MPAs, seek the advice of the Statutory Nature Conservation Bodies (SNCBs) and introduce management where required. The draft Whitefish/Demersal FMPs will support the management of fishing activity in MPAs. When implementing any actions arising from the FMPs that overlap with European Marine Sites (SACs and SPAs) and MCZs or their designated features, an assessment will be undertaken prior to implementation, to assess the likely effects of the action on the conservation objectives of the site.

Marine regulators also have responsibilities relating to Sites of Special Scientific Interest (SSSIs) under the Wildlife & Countryside Act 1981, Natural Environment & Rural Communities Act 2006 and the Environment (Wales) Act 2016^[22]. Ramsar sites, (wetlands of international importance), designated under the Ramsar Convention, are often underpinned by SSSIs but are afforded the same protection at a policy level as Special Areas of Conservation and Special Protection Areas. Appendix C lists the different types of MPA and relevant designations in the UK.

Highly Protected Marine Areas - England

Highly Protected Marine Areas (HPMAs) are areas of the sea (including the shoreline) that allow the protection and full recovery of marine ecosystems. By setting aside some areas of sea with high levels of protection, HPMAs will allow nature to fully recover to a more natural state, allowing the ecosystem to thrive.

HPMAs will protect all species and habitats and associated ecosystem processes within the site boundary, including the seabed and water column. For large HPMAs, resultant displacement may lead to the intensification of fisheries pressure that will require assessing and potentially addressing if unduly exacerbating existing pressures.

The first three Highly Protected Marine Areas (HPMAs) designations in English waters came into force on 5 July 2023.

The three sites are:

• Allonby Bay
• North East of Farnes Deep
• Dolphin Head

Any actions arising from the FMPs that overlap with HPMAs will comply with the conservation objectives for designated features.

Conservation of Habitats and Species Regulations 2017 and Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019

The Conservation (Natural Habitats, &c.) Regulations 1994 and the Conservation of Habitats and Species Regulations 2017 include provisions for: protecting sites that are internationally important for threatened habitats and species (European marine sites) and provide a legal framework for species requiring protection (European protected species). The Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019 sets out changes to made to the 2017 Regulations to ensure the regulations operate effectively in English and Welsh waters. The draft Whitefish/Demersal FMPs will support the protection of protected sites and species.

The Conservation of Offshore Marine Habitats and Species Regulations 2017

The Conservation of Offshore Marine Habitats and Species Regulations 2017 include provisions for the designation and protection of areas that host important habitats and species in the offshore marine area. The draft Whitefish/Demersal FMPs will seek to support the protection of offshore marine habitats and species.

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 ‘ecosystem objective’ of the Fisheries Act 2020, sections 1(4) and 1(10).

The UK Marine Strategy Part Three: Programme of Measures identifies FMPs as a tool to support the delivery of Good Environmental Status (GES) for commercial fisheries (Descriptor 3). It also recognises FMPs could, where appropriate include ‘measures to mitigate the impact of fishing activity on the wider environment, including the seabed’ to support the delivery of GES for other descriptors.

Marine Plans – UK wide

The Marine and Coastal Access Act 2009 (MCAA) makes provision for the UK Marine Policy Statement (MPS), published 2011, and requires, (together with the Marine Act (Northern Ireland) 2013, The Marine (Scotland) Act 2010), the production of marine plans where the MPS is in place. The MPS provides the framework for marine plans around the UK and sets the high-level policy context for marine planning, including setting high-level marine objectives. Under MCAA s.58, decisions relating to the marine area should be taken in line with the Marine Plan. The draft Whitefish/Demersal FMPs consider the relationship between marine spatial planning and fishing activity being managed through FMPs, and how these policies can work in a joined-up way to ensure more effective use of the marine space and resources. Further information on the marine plans in Scotland, England, Northern Ireland and Wales is provided in Appendix D.

The Environment Act 2021

The Environment Act 2021 sets out England’s commitment to protect and enhance our environment for future generations. The act seeks to improve air and water quality, protect wildlife, increase recycling and reduce plastic waste. A central pillar is an obligation for policy makers to have due regard to five environmental principles, (integration principle, prevention principle, rectification at source principle, polluter pays principle, precautionary principle), during the development of policy. Policies developed through the draft Whitefish/Demersal FMPs will have due regard to these principles. Further details of the environmental principles can be found at Environmental Principles Gov.uk page.

The Environment Act 2021 also requires the government to publish an Environmental Improvement Plan (EIP) for England. The EIP published in 2023 builds on the 25 Year Environment Plan by setting out how the government in England will work with landowners, communities and businesses to deliver goals for improving the environment. FMP policy supports the EIP by enabling the development of fisheries management tools that will contribute to securing clean, healthy, productive and biologically diverse oceans and seas. Through implementing a sustainable domestic fisheries policy, the draft Whitefish/Demersal FMPs will deliver measures to secure healthy stocks that will be fished in an environmentally sustainable manner.

The Environment Act 2021 also makes provision for legally binding targets of which the targets for biodiversity and Marine Protected Areas will relate to FMPs. In addition, public authorities who operate in England must consider what actions they can take to conserve and enhance biodiversity in England. This obligation is the strengthened ‘biodiversity duty’ that the Environment Act 2021 introduced. The draft Whitefish/Demersal FMPs will comply with the biodiversity duty.

The Environmental Targets (Biodiversity) (England) Regulations 2023

The Environmental Targets (Biodiversity) Regulations 2023set long-term targets in respect of three matters within the priority area of biodiversity under section 1 of the Environment Act 2021 (c. 30). These Regulations also set a target in relation to the abundance of species in accordance with section 3 of the Environment Act 2021. The Regulations specify the standard to be achieved in respect of each target and the date by which it must be achieved. The draft Whitefish/Demersal FMPs will support achieving the targets set out in the regulations as appropriate.

Environment (Principles, Governance and Biodiversity Targets) (Wales) Bill 2025

The Bill aims to establish a robust framework for environmental governance in Wales. This framework seeks to addresses three core challenges: combating the combined impact of climate and nature emergencies, protecting the environment from harm, and responding to changes in environmental governance structures following the UK's departure from the EU. The draft Whitefish/Demersal FMPs will contribute to addressing the challenges set out in the bill as appropriate.

The Environmental Targets (Marine Protected Areas) Regulations 2023 – England

The Environmental Targets (Marine Protected Areas) Regulations 2023 set a long-term environmental target under section 1 of the Environment Act 2021 (c. 30). The target set by regulation 3 is in respect of the condition of protected features in MPAs. These Regulations specify the standard to be achieved in respect of the target and the date by which it must be achieved. The draft Whitefish/Demersal FMPs will support achieving the targets set out in the regulations.

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 draft Whitefish/Demersal FMPs will 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 draft Whitefish/Demersal FMPs will support this initiative by contributing to mitigating the negative impacts of fishing activity as appropriate.

Water Environment Regulations (Water Framework Directive)

The Water Environment, (Water Framework Directive) (England & Wales), Regulations 2017 (referred to as the WFD Regulations) provide a framework for assessing and managing the water environment, which includes estuaries and coastal waters in England. The draft Whitefish/Demersal FMPs will support achieving the targets for water quality set out in the regulations.

River Basin Management Plans (RBMPs) produced under the Water Environment Regulations, provide the overarching framework for water management to help protect and improve our water environment. RBMPs extend out to 1 nautical mile from the baseline into the marine environment and seek to maintain or restore Good Ecological Status^[23] within the area they cover. The Whitefish/Demersal FMPs will support the objectives in the relevant RBMPs to meet Good Ecological Status.

Biodiversity Strategy - Scotland

By managing fishing activity so our stocks are harvested within sustainable limits, FMPs will have a positive impact on fish stocks and consequently a positive impact on biodiversity and the wider ecosystem. Fisheries Management Plans will contribute to achieving the aims of the Biodiversity Strategy by supporting a healthy marine environment; connecting people with the natural world; involving stakeholders more in the decision-making process; and maximising the benefits of a diverse natural environment and the services it provides, whilst contributing to sustainable economic growth for Scotland.

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 Future Catching Policy (FCP) and introduction of Remote Electronic Monitoring (REM) to key parts of the fishing fleet, will deliver the outcomes contained within the Strategy. The FMPs will be another element in delivering the Strategy in 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 (Northern Ireland) 2022 – Northern Ireland

The Climate Change Act (Northern Ireland) 2022 sets the targets for the reduction of greenhouse gas emissions in Northern Ireland. Sectoral plans must be developed and published by Northern Ireland departments, setting out how greenhouse gas emission reduction targets will be achieved. This includes sectoral plans for fisheries, which must include plans for the fisheries sector, including proposals and policies for sea fisheries and the inland fisheries industry.

The draft Whitefish/Demersal FMPs will support policies to meet targets to achieve net zero by 2050 as set out in the legislation.

Wildlife and Natural Environment Act (NI) 2011 – Northern Ireland

This Act amends the Wildlife (Northern Ireland) Order 1985 and the Environment (Northern Ireland) Order 2002, introducing new provisions to protect a broader range of plants, animals, and birds, as well as enhancing protection for Areas of Special Scientific Interest.

By managing fishing activities to ensure that stocks are harvested within sustainable limits, the FMPs will positively impact fish stocks, which in turn will benefit biodiversity and the wider ecosystem. This aligns with the Fisheries Act 2020’s ecosystem and sustainability objectives.

The Environment (NI) Order 2002 – Northern Ireland

The Environment (Northern Ireland) Order 2002 is the primary environmental legislation in Northern Ireland, encompassing provisions for pollution prevention, conservation, waste management, and other environmental matters.

By managing fishing activities to ensure that stocks are harvested within sustainable limits, the FMPs will positively impact fish stocks, which in turn will benefit biodiversity and the wider ecosystem. This aligns with the Fisheries Act 2020’s ecosystem and sustainability objectives.

Biodiversity Strategy for NI to 2020 – Northern Ireland

By managing fishing activity so our stocks are harvested within sustainable limits, FMPs will have a positive impact on fish stocks and consequently a positive impact on biodiversity and the wider ecosystem. Fisheries Management Plans will contribute to achieving the aims of the Biodiversity Strategy for NI by supporting a healthy marine environment; connecting people with the natural world; involving stakeholders more in the decision-making process; and maximising the benefits of a diverse natural environment and the services it provides, whilst contributing to sustainable economic growth for Northern Ireland.

Well-being of Future Generations (Wales) Act 2015 – Wales

All activities undertaken as part of the development of the Whitefish/Demersal FMPs have been in line with the Well-being of Future Generations (Wales) Act 2015. Under the Act, Welsh Ministers, as a public body, must carry out sustainable development. Sustainable development means the process of improving the economic, social, environmental and cultural well-being of Wales by taking action, in accordance with the sustainable development principle, aimed at achieving the well-being goals.

Section 5 defines the sustainable development principle as acting in a manner which seeks to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs considering the five ways of working. Section 4 of the Act describes the 7 well-being goals which public bodies must work towards.

Environment (Wales) Act 2016 – Wales

This Act sets out the principles of the ‘sustainable management of natural resources’ in Wales. The Whitefish/Demersal FMPs will support the policies set out in the Act to manage natural resources sustainably, considering the effect of the Whitefish/Demersal FMPs on ecosystem services and ecosystem resilience.

All activities undertaken as part of the development of the Whitefish/Demersal FMPs are intended to be in line with the Environment (Wales) Act 2016.

Section 6 of the Environment (Wales) Act 2016 requires that public authorities must seek to maintain and enhance biodiversity [of the Section 7 habitats and species] so far as consistent with the proper exercise of their functions and in so doing promote the resilience of ecosystems. The Whitefish/Demersal FMPs seek to support the requirements of this Act.

Historic Environment (Wales) Act 2023

The Act provides effective protection and management of our unique historic environment so that it can continue to contribute to the well-being of Wales and its people. The Act contains the law regarding monuments, archaeology, buildings, conservation areas, parks and gardens of special historic interest.

Assessing Welsh Fishing Activities (AWFA) – Wales

Assessing Welsh Fishing Activities (AWFA) - Welsh Government are working in partnership with NRW, its statutory nature conservation advisor, to undertake a structured evaluation of fishing activity interactions with features of Welsh MPAs

The Marine Wildlife Bycatch Mitigation Initiative

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 action needed to achieve our objectives. The draft FMPs will support this initiative by contributing to mitigating the negative impacts of fishing activity as appropriate.

The Northern Ireland Marine Protected Areas Strategy

The Northern Ireland Marine Protected Areas Strategy (2014) outlines the Department of Agriculture, Environment and Rural Affairs’ (DAERA) approach to conserving marine biodiversity within the inshore region. It aims to establish an ecologically coherent network of well-managed MPAs that contributes to both national and international conservation goals. The strategy emphasises the importance of protecting designated features, restoring degraded habitats, and ensuring sustainable use of marine resources through effective management and stakeholder engagement. The draft FMPs will support this initiative by aligning fisheries practices with conservation objectives.

Seabird Bycatch Plan of Action

The Seabird Plan of Action (PoA) develops an approach to understand and where necessary reduce seabird bycatch in UK fisheries, through engagement and dialogue with all interested parties and the implementation of subsequent recommendation. The draft Whitefish/Demersal FMPs will support this initiative by contributing to mitigating the negative impacts of fishing activity as appropriate.

Other FMPs

The fisheries policy authorities considered the interaction between the published FMPs and this tranche of plans whilst drafting the FMPs. The draft Whitefish/Demersal FMPs are expected to interact with the following FMPs covering demersal species; Irish Sea Demersal FMP, North Sea Nephrops FMP, West Coast of Scotland Nephrops FMP and Celtic Sea and Western Channel Demersal FMP.

The Whitefish/Demersal FMPs propose management on a number of species, whereby interconnectivity of stocks will likely mean management in one FMP will influence the other.

The interaction between other FMPs will be further considered when monitoring the effectiveness of plans. Any necessary adaptations would be built into the plan’s ongoing implementation and adjusted in future revisions of the FMPs.

Other Localised Plans

Explore Marine Plans (EMP) is an online interactive tool developed by the Marine Management Organisation (MMO) to allow a user find and view spatial marine activity data for the English marine area, information on marine planning licences relating to a specific area, and marine plan policy information. The Whitefish/Demersal FMPs will use this tool to identify where the plan could interact with other relevant marine activities, plans or projects. Any necessary adaptations would be built into the plan’s ongoing implementation and contribute to future revisions of the FMPs.

Welsh National Marine plan 2019 provides a statutory policy framework to help guide the development of the Welsh Marine area includes cross-cutting socio-economic environmental policies under specific areas of the Marine and Coastal Access Act. The Wales Marine Planning Portal is an online interactive tool developed by the Welsh Government to allow a user find and view spatial marine activity data for the Welsh marine area, information on marine planning licences relating to a specific area, and marine plan policy information. The draft FMP will use this tool to identify where the plan could interact with other relevant marine activities, plans or projects. Any necessary adaptations would be built into the plan’s ongoing implementation and contribute to future revisions of the FMP.