Draft Partial Island Communities Impact Assessment (ICIA) – Fisheries Management Measures within Scottish Offshore Marine Protected Areas (MPAs)

1. Step One- Develop a clear understanding of your objectives:

1.1 What are the objectives of the policy, strategy or service?

Marine Protected Areas (MPAs) are sites containing habitats and species that have been identified as being of conservation importance to Scotland, most are a subset of species and habitats identified on national, UK or international lists. In the offshore waters of Scotland (12-200 nautical miles) there are 20 sites which require the implementation of fisheries management measures to support the achievement of site conservation objectives.

These sites have been designated as MPAs or Special Areas of Conservation (SACs). From here on the term "MPAs" will encompass both types of designation. Each protected site is assigned conservation objectives for special features found within the site, these may be to conserver or to recover the feature to favourable condition. Therefore, to ensure conservation objectives are met it may be necessary to implement fisheries management measures. The measures required will depend on the sensitivity of protected features and could include spatial or temporal restrictions on certain gear types.

The Scottish Government is committed to delivering fisheries management measures for existing MPAs where these are not already in place, as well as key coastal biodiversity locations outside of these sites, directly following the consultation of the required statutory consultation processes. These measures will give protection for MPA features as well as those priority marine features identified as most at risk from bottom-contacting mobile fishing gear out with MPAs.

Proposed measures were developed for Turbot Bank MPA in which it was proposed that targeted sandeel fishing across the full site would be prohibited. In 2023 the Scottish Government consulted on a closure to all fishing for sandeel in all Scottish waters. As a result of this consultation the Scottish Government has prohibited fishing for sandeel in all Scottish waters. The Sandeel (Prohibition Of Fishing) (Scotland) Order 2024 came into force on 26 March 2024 ahead of the 2024 fishery season and applies to all vessels (UK and EU) fishing within Scottish waters.

Subsequently, we are no longer proposing site specific measures for Turbot Bank MPA and therefore measures for this site are not included within this consultation. The site will still feature within the package of consultation documents as removing the site from the documents is not considered practical at this stage. This is because in addition to site specific assessments, overall assessments have been undertaken for the impacts of implementing measures as a full package.

1.2 Is the policy, strategy or service new?

This is a new policy which the Scottish Government is implementing. Annex A summarises the drafted proposed fisheries management measures within offshore MPAs in Scottish waters. This policy for fisheries management measures is already reflected under various requirements under UK legislation.

Under the UK Marine and Coastal Access Act 2009 and Marine (Scotland) Act 2010 Scottish Ministers have a duty to designate Nature Conservation Marine Protected Areas (NCMPAs) which contribute to a UK network of protected marine sites. This network also includes Special Protection Areas (SPAs) and Special Areas of Conservation (SACs). The Conservation of Offshore Habitats and Species Regulations 2017 outline the requirement for SACs and SPAs to be managed in a way that maintains or restores the protected feature to favourable conservation status.

There are also national and international obligations, including the commitment for Good Environmental Status under the Marine Strategy Framework Directive to adhere too as well. A well-managed MPA network also helps the Government to fulfil the UK's commitment to the OSPAR Commission's strategic objective to establish ecologically coherent network of marine protected areas. In addition, the Fisheries Act 2020 amends the Marine and Coastal Access Act 2009 to allow Scottish Ministers to make orders for the purpose of conserving marine flora, fauna or habitats.

1.3 How are islands identified for the purpose of the policy, strategy or service?

The Islands (Scotland) Act 2018 defines an island community as a community which consists of two or more individuals, all of whom permanently inhabit (whether or not the same island), and is based on common interests, identity or geography (including in relation to any uninhabited islands whose natural environment and terrestrial, marine and associated ecosystems contribute to the natural or cultural heritage of and inhabited island).

1.4 What are the intended impacts or outcomes and do these potentially differ in the islands?

The strategic outcomes for this policy is set out under paragraph 1.1.

The intention is that these fisheries management measures will result in potential changes to fishing access within offshore MPAs as measures may include restrictions on certain gear types, spatial or temporal restrictions.

These management measures are proposed for existing sites between 12-200 nautical miles within MPAs. The management proposals are dependent on the site location, conservation objectives of the site and the associated risk to the features within the site. Due to the location of the sites, it is not envisaged that the measures impact and outcomes more significantly to islands, between various islands or between the islands and the mainland. Mitigation strategies included adopting a zonal management approach to measures, enabling valuable fishing to continue where possible if there would be no impact on the conservation objectives of the sites or the level of risk to features or meeting conservation objectives were considered low.

Impacts assessed include changes to fish landings and local processing (if undertaken), however there is potential impact for individuals reliant on fishing activities within areas due to be subject to prohibitive measures. To mitigate these impacts fisheries management measures were developed with engagement with the fishing industry.

A Socio-Economic Impact Assessment (SEIA) has been undertaken to explore and understand potential socio-economic impacts of the implementation of these fisheries management measures within offshore MPAs. Section 4 provides more information on the results of the SEIA assessment.