Information relating to the Wild Wrasse Fishery: EIR release

Information requested

You asked a number of questions relating to the wild wrasse fishery. Your questions were as follows:

1. Which body is responsible for ensuring compliance with the Wrasse Fishery licensing conditions?

2. How many inspections, by year, have been carried out? What criteria are used to determine where and when inspections are carried out?

3. How were these inspections carried out to 

a. check compliance with minimum and maximum size limits?

b. check that each fisherman uses no more than 250 creels, and does not take wrasse from the other creels set for lobster, brown crab, velvets and prawns?

4. Please provide details all scientific papers Marine Directorate consulted to determine the breeding season is for each species of wrasse. In which months does MD consider each species of wrasse breed?

5. Based on this information, what science has MD used to determine that a closed season for wrasse fishing in the winter months, when wrasse are not breeding, is a valid conservation measure to protect wrasse?

6. What science has MD applied to determine that removing millions of immature wrasse does not adversely impact future breeding stock?

7. What appropriate assessments required by Article 6 (3) of the Habitats Directive have been undertaken for every Scottish marine SAC in respect of the wrasse fishery?

8. There is evidence worldwide that removing urchin predators leads to urchin barrens. Does the government agree that it is beyond reasonable scientific doubt that the removal of wrasse could adversely affect the integrity of a SAC?

9. When will the government require Remote Monitoring on vessels licensed to fish for live wrasse?

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations.

Please note that questions 1, 3 (a &b), 5, 6, 8, 9 and the second parts of questions 2 and 4 of your request will be handled out with the EIRs because they are not strict requests for information but rather questions concerning opinion. It is important to highlight this because your right to review this response will not apply to the answers given to these questions. Further detail concerning the review process is given below.

Responses are given to each of your questions as follows:

1. Which body is responsible for ensuring compliance with the Wrasse Fishery licensing conditions? 

The Marine Directorate of the Scottish Government is responsible for ensuring compliance with the wrasse fishery licence conditions. A fishing vessel is not permitted to fish for wild wrasse within the Scottish zone unless they are in possession of a letter of derogation, issued by Marine Directorate on behalf of Scottish Ministers, on an annual basis. British Sea Fishery Officers (BSFOs), both in Coastal Operations and Marine Operations of the Marine Directorate, conduct inspections at sea and on land of all types of fishing vessels, including those that .are authorised to fish for wrasse.

2. How many inspections, by year, have been carried out? What criteria are used to determine where and when inspections are carried out?

Part 1:

Year	No. Inspections
2021	92
2022	49
2023	107
2024	51

Part 2:

Marine Protection Vessels board vessels at sea based on risk, which considers the fishery, type of vessel, area of fishing and any history or intelligence. Additionally assurance inspections are carried out where there is limited intelligence or no recent inspections.

Marine Directorate Operations have changed their enforcement and assurance programme this year and it is an aspiration going forward to inspect each vessel that is in receipt of a wrasse derogation. Any intelligence received is collated and tasked for follow up.

3. How were these inspections carried out to

(a) check compliance with minimum and maximum size limits?

BSFO’s undertake inspections at sea and request fishers explain the processes they follow to ensure wrasse retained are within the minimum and maximum landing size limits. Fishers are expected to have a facility onboard to measure species. BSFO’s also undertake spot checks on samples of catch at sea and ashore on landing.

(b) check that each fisherman uses no more than 250 creels, and does not take wrasse from the other creels set for lobster, brown crab, velvets and prawns?

The Marking of Creels (Scotland) Order 2020 requires fishers to mark gear deployed with one or more marker buoy with the vessel’s PLN clearly displayed.[1] BSFOs can inspect fleets of traps/creels to ascertain how many are on a string, and remove any non-marked gear where evidence can be found of a commercial fishery. Any intelligence reports relating to excessive trap numbers are investigated and BSFOs can conduct further inspections at sea or on landing. Wrasse traps are inspected ashore prior to deployment at the start of the fishery to ensure they are compliant with specifications as laid down in the derogation.

If wrasse were to be caught in pots and creels, rather than wrasse traps, it is unlikely that they will meet the condition required by Salmon farms in that they may exhibit “nose rub” or missing scales from being in the pots or creels. Both of these signs of physical damage are reasons for rejection by the buyers.

4. Please provide details all scientific papers Marine Directorate consulted to determine the breeding season is for each species of wrasse. In which months does MD consider each species of wrasse breed?

Part 1:

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

The reasons why that exception applies are explained in the Annex to this letter. Under regulation 9 of the EIRs (our duty to provide advice and assistance) we have provided you with a list of literature Marine Directorate reviewed in relation to the wrasse fishery. (Document 1)

Part 2: 

Marine Directorate considers wrasse species to spawn from December to April. However, this consideration is not based on the scientific papers referenced in the wrasse spawning literature review (Document 1). Further detail on how the spawning season has been determined is outlined in the answer to question 5.

5. Based on this information, what science has MD used to determine that a closed season for wrasse fishing in the winter months, when wrasse are not breeding, is a valid conservation measure to protect wrasse?

Marine Directorate determined wrasse spawning season based on observations of sampled wrasse in UK waters by CEFAS. This demonstrated that gonadosomatic index (GSI), a measure of fish spawning, were highest over the winter months aligning with the applied closure and lowest over the months associated with the open season. It has subsequently been demonstrated that there is low GSI over the open season.

6. What science has MD applied to determine that removing millions of immature wrasse does not adversely impact future breeding stock?

Fishers authorised to catch wrasse are required to submit science return forms which report the number of wrasse landed by species for all pots deployed and more detailed information on the catches from the first 20 pots hauled for each fishing trip. Based on the data provided, there is no evidence to suggest that millions of wrasse are being removed from the stock: the reported total number of wrasse landed was 613,993 in 2021 and 746,974 in 2022. Just under a third of all wrasse caught were below minimum landing size (in 2022) and were returned alive (based on data from first 20 pots).[2] 

7. What appropriate assessments required by Article 6 (3) of the Habitats Directive have been undertaken for every Scottish marine SAC in respect of the wrasse fishery?

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

The reasons why that exception applies are explained in the Annex to this letter.

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to advise you that to date, no appropriate assessments have been carried out as wrasse are not specifically included as protected features in any of Scotland’s Special Areas of Conservation and there is no evidence that shows wrasse fishing pots are having a significant impact on rocky reefs.

As part of implementing fisheries management measures for the inshore region, fisheries assessments are being undertaken for all the Special Protection Areas (SPAs), Special Areas of Conservation (SACs) and the Nature Conservation Marine Protected Areas (NCMPAs) where these measures are required in line with Management Advice (CMA) provided by NatureScot. Wrasse is not a protected feature of any designated site however these assessments will highlight if fisheries management measures are appropriate and that the measures put in place ensure that fishing activities do not negatively impact the conservation objectives and protected features of designated sites.

The Scottish Government continue to work with NatureScot - statutory advisers to the Scottish Ministers on all matters relating to the natural heritage - regarding management of the wrasse fishery.

8. There is evidence worldwide that removing urchin predators leads to urchin barrens. Does the government agree that it is beyond reasonable scientific doubt that the removal of wrasse could adversely affect the integrity of a SAC?

NatureScot are undertaking a review and appraisal of evidence in the scientific literature on the potential for ecological effects arising from the removal of wrasse by fishing and we will consider their recommendations or advice accordingly.

9. When will the government require Remote Monitoring on vessels licensed to fish for live wrasse?

The Scottish Government has consulted on proposals for tracking and monitoring technology on the under 12 metre fleet, which includes wrasse vessels.[3] The responses to the consultation have been
analysed and options are currently being appraised. The Scottish Government’s response to the consultation will be published in due course.

ANNEX

REASONS FOR NOT PROVIDING INFORMATION 

The Scottish Government does not have the information  Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested in part 1 of question 4 as a list of references has not been collated and then consulted in relation to the breeding seasons of wrasse.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested in question 7 because no appropriate assessments required by Article 6 (3) of the Habitats Directive have been undertaken. This exception is subject to the ‘public interest test’.

Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception.

While we recognise that there may be some public interest in information about appropriate assessments undertaken for the wrasse fishery, clearly we cannot provide information which we do not hold.

[1] The Marking of Creels (Scotland) Order 2020 (legislation.gov.uk)

[2] Wild Wrasse Fishery – 2021/22 Report - gov.scot (www.gov.scot)

[3] Improving inshore fisheries data: Consultation on requiring electronic tracking and monitoring technology on under 12 metre commercial fishing vessels - gov.scot (www.gov.scot)

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

EIR - 202400433988 - Information Released - Document 1

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