Commercial fishery for razor clams using electric current gear consultation: strategic environmental assessment screening

17. Summary of how the environmental principles have been considered

17.1 The principle that protecting the environment should be integrated into the making of policies:

This SEA screening exercise is evidence that matters relating to the environment have been considered in the production of policy options that will be found in the consultation. The trial itself sought to improve our knowledge of razor clam biology, harvesting rates and non-target impacts following a consultation on establishing a commercial fishery.

In the course of moving to consult following a period of operation of the trial, a fisheries assessment has been completed that will involve management changes that seek to reduce risk of environmental harm. A seasonal closure, introduced following work in the trial, protects razor clams during their spawning period as well, as an example of integrating trial findings into management in practice.

17.2 The precautionary principle as it relates to the environment:

Serious or irreversible harm in this context would be disturbance to habitat use or damage to seabed communities that was so extensive it adversely affected protected species or habitats, for example through altering biodiversity to the extent it affected prey availability, or was so disruptive as to make it impossible for species to access optimal habitat. Through the fisheries assessment it has been determined that the risk of these impacts is generally low and where it has not been possible to make such a determination, new management measures will been put in place for the remaining duration of the trial. We would seek views in the consultation on where we should consider maintaining or extending a prohibition because of such impacts.

Safe harvesting levels have been established through the completion of stock assessments for two areas. This will soon be expanded to four areas, with potential for a fifth area to be completed in 2026. These demonstrate that were we have sufficient data, the level of fishing mortality is below the estimated maximum sustainable yield level. Details of how this process is conducted in the razor clam trial is set out in the Progress on the Biological and Ecological Goals of the Scottish Scientific Electrofishery for Razor Clams Trial. This information is a key driver of seeking to consult on establishing a commercial fishery.

There is recent history of widespread IUU (illegal, unreported and unregulated) fishing for razor clams, and another consideration in this plan is the environmental consequence of opting to conclude the trial and resume prohibition. This encompasses the direct environmental impact of fishing without management measures as well as the indirect impact of requiring to allocate what we know from pre-trial experience to be significant compliance enforcement resources to this matter, recognising there are at all times multiple competing demands on the Scottish Government and Police Scotland in fisheries enforcement.

The consultation will give space to all interested parties to participate in shaping what, if any, steps the Scottish Ministers will decide to take following the trial, this includes study and recommendation of precautionary measures.

17.3 The principle that preventative action should be taken to avert environmental damage

The Fisheries Assessment has appraised the risk of adverse environmental impacts, as did the advice sought from NatureScot at the commencement of the trial. As a result, activity is managed in line with relevant conservation and management advice.

We have learned that the management measures in place in the trial have maintained sustainable harvesting levels, therefore we seek views on how these might be applied in either a commercial fishery or in an evolution of the trial.

17.4 The principle that environmental damage should as a priority be rectified at source

Vessels found to be breaching terms and conditions can have, and have had, their permission to participate in the trial (and therefore to catch, land and sell razor clams) rescinded. In the consultation we will seek views on how this practice could be brought into a regulated commercial fishery, or indeed a continuation of the trial.

17.5 The principle that the polluter should pay

Fishing vessels may engage this principle through the inadvertent discharge of polluting substances such as fuel, oil, refrigerants or marine litter through abandoned or lost fishing gear. Vessels do not obtain consents to discharge effluents to the environment in normal fishing operations. There are existing regulatory and voluntary frameworks established to manage these matters, and the consultation does not seek to introduce any new provisions in this area.