Consultation on new controls in the Nephrops and Crabs and Lobster Fisheries - Outcome Report

Outcome

Creel Limits

113. Given the lack of evidence to support the view that limiting creel numbers in either the Nephrops or the crab and lobster fisheries would improve stock status or help with gear conflict and in view of the major challenges attached to effective enforcement of any such scheme (particularly given the lack of support from the majority of stakeholders responding to the consultation), we do not propose, at this time, to introduce any new measures.

114. However, although the majority of respondents were against national creel limits, as proposed in the consultation, we note that there were regions which supported such measures. We would therefore be supportive of any region or area that wished to investigate the introduction of a local scheme through their IFG. Such schemes could potentially be run as research pilots to test out the feasibility and effectiveness of creel limits in practice.

115. The Shetland Shellfish Management Organisation (which under its Regulating Order has the power to introduce effort controls in its fisheries) has recently consulted on introducing creel limits and looks set to introduce restrictions. This could offer a model for other areas wishing to introduce similar measures.

Restrictions on Gear Type

116. It was proposed that there should be restrictions introduced on the type of gear that can be used, such as introducing an increased mesh size or escape panel in Nephrops fisheries or restricting the use of parlour pots in (crab and) lobster fisheries. Given the increased costs these measures would impose on fishermen (in fisheries where catches are more likely to survive after being discarded) and the need for more evidence on the impact, it has been decided not to introduce new mandatory restrictions at this stage. However, we see the potential conservation and market benefits of such measures and would encourage IFGs to assess whether restrictions on types of gear could be applied in a way which would not impose undue burdens on their fisheries while improving stock sustainability.

Quotas in Crab and Lobster Fisheries

117. The introduction of quotas in crab and lobster fisheries was highly unpopular with fishing associations and most individuals who responded, despite being recognised as a potentially more effective control on the number of animals being removed than creel limits. Opponents feared that their introduction would result in quotas being concentrated in fewer vessels and that non-fishing interest might acquire quota rights.

118. Given the level of opposition from stakeholders, the lack of compelling evidence that quotas are currently required for stock sustainability purposes, the administrative costs and the potentially problematic market dynamics associated with the introduction of quotas, we will not be introducing quotas into crab and lobster fisheries at this time.

119. Marine Scotland believes the introduction of quotas could help prevent the landing of poor quality products (such as soft shelled or crippled crabs) - as fishermen may be incentivised to land high quality animals rather than a high quantity of animals. Given the decision not to introduce quotas we would ask catchers and processors to work cooperatively to ensure catch quality maximises market opportunities.

Increasing the Minimum Landing Size of West Coast Nephrops

120. Opinion was more evenly split on increasing the minimum landing size of West Coast Nephrops than on other issues consulted on. Marine Scotland will engage with processors and catchers in an attempt to better understand what, if any, negative effects an increase would bring.

Unlicensed Fishermen

121. There appears to be some confusion over the definition of the term 'unlicensed fishermen.' A licensed fishing vessel is a fishing vessel in respect of which a licence has been issued under section 4 of the Sea Fish (Conservation) Act 1967. If a vessel fishes commercially for sea fish then it must register its vessel and obtain the appropriate licenses. Often the term 'unlicensed fishermen' is used to denote licensed part-time fishermen and licensed fishermen operating at a hobby level.

122. Unlicensed fishermen are those who are not licensed to fish commercially. Much like licensed fishermen, there is no limit on the number of creels an unlicensed fisherman may work but he is limited to landing only for personal use. A licensed vessel without a shellfish entitlement can only land 25 crabs and 5 lobsters per day. There is no limit to the shellfish that a licensed fisherman with a shellfish entitlement can land.

123. It is an offence to fish commercially from an unregistered and unlicensed vessel. Unlicensed fisherman must not sell their catch. Those that do sell their catch without a license are subject to enforcement action. Establishments or individuals that purchase fishery products from an unlicensed vessel are committing an offence and will be subject to enforcement action through Registration of Buyers and Sellers for failure to submit a sales note.

124. It is not Marine Scotland policy to restrict the "right to fish" but it is difficult to qualify what level of fishing can be determined for "personal use". This is also a difficult issue to enforce. Marine Scotland Compliance takes very seriously any reports of unlicensed fishermen selling their catch and such reports are investigated.

125. Marine Scotland Compliance continue to receive and collate intelligence relating to alleged unlicensed fishermen, which is built into their risk assessments and associated tasking, alongside alleged offences. If their on-going work suggests to Marine Scotland that unlicensed fishermen are a significant problem around the Scottish coast, we will consider whether to take forward further measures. There has also been a recent drive to improve understanding of who can legally buy and sell seafish through a poster campaign conducted through Fishery Offices

Berried Lobsters

126. Several respondents requested the introduction of a ban on the landing of berried lobster hens. There is legislation in place to control the minimum landing size of female lobsters and a ban on the landing of v-notched lobsters. Enforcing a ban on landing berried lobsters is perceived to be extremely challenging as proving that berries have been scrubbed would be very difficult.

127. Where there is a breach in the regulatory framework, v-notching enforcement action will be taken through the Lobsters and Crawfish (Prohibition of fishing and Landing) (Scotland) Order 1999. However, it is in fishermen's interest to take a sustainable approach to catching lobster hens. Where possible we would prefer that sustainable practices are adopted without the need for a legislative requirement. Ultimately, we would wish to see the decision not to scrub hen lobsters as something that fishermen take for the long term benefit of their fishery.

128. Marine Scotland wants to support fishermen with v-notching schemes where they are thought necessary and will be encouraging this through IFGs. IFGs should consider whether a v-notching programme is appropriate for their area, taking into account any risk that such schemes could result in a gender imbalance in their lobster populations. If requested by IFGs Marine Scotland will make funds available for v-notching clippers for distribution amongst lobster fishermen.