Sea fisheries - future catching policy: consultation analysis

1.Introduction and background

1.1. This report provides an analysis of responses to the consultation on 'Scotland's Future Catching Policy'.^[2] The consultation ran from 15th March 2022 to 7th June 2022.

1.2. Scotland's seas are rich and diverse, with an abundance of fish stocks meaning that Scottish waters are some of the most desirable in the world for sea fishing, both in terms of quality and quantity. There are a significant number of domestic and international fishing vessels operating around the coast of Scotland, fishing for different stocks (including pelagic, demersal and shellfish species) and using a wide variety of fishing methods. These fishing vessels are focussed on harvesting a healthy, nutritious source of food for both domestic and international markets and play a key economic and social role in rural and island communities.

1.3. The abundance of fish in Scottish waters means that a varied industry has developed over time, with many different types of fishing vessels operating as part of a mixed fishery. There are different target species, depending on the type of fishing vessel and where it operates, and different issues around bycatch of other species too. For example, in the whitefish demersal sector, vessels targeting a species such as haddock will often catch many other whitefish species alongside their target, for example cod and hake. Given the sheer number and variety of fishing vessels present, fisheries management can be complex and challenging and therefore management solutions need to be tailored to take account of the varied situation in which we are operating.

1.4. The breadth of human activity at sea inevitably brings consequences and impacts for the natural marine environment. It is important to ensure that fishing activity within Scottish waters is operating sustainably and responsibly, in a way that minimises negative environmental impacts and which secures our natural resources for generations to come. Many of the rules and regulations that are already in place to support responsible and sustainable fisheries management are designed to do just that, ranging from technical conservation measures to managing the type of gear fishers can use and the areas in which they can fish, to the Total Allowable Catches (TACs) that are set in order to limit the number of fish landed.

1.5. It is also the case that practices such as discarding need to be properly addressed. The consultation document sets out a number of historic reasons for discarding, including:

• Catching fish below Minimum Conservation Reference Size (MCRS) which have no or minimal economic value but count against quotas.
• Catch composition rules which exist to prevent vessels from using inappropriate gear to target fish (this is largely obsolete now that the landing obligation requires vessels to retain and land everything they catch).
• 'High grading' which has been illegal since 2011. This is the process of only retaining a certain size of fish on board to meet maximum market value while other fish less valuable but still of marketable size are discarded to maximise the value return against quota usage.
• Discarding of fish with low or no market value which involves discarding fish as there is no return for the cost of landing it.
• Lack of quota.
• Accidental catch of sensitive or vulnerable fish and non-fish species.

1.6. Taking account of the level of fishing activity in Scottish waters, there is significant potential for environmental and ecological damage through the discarding of fish and non-fish species, dead, back into the sea. Although the introduction of the landing obligation has helped mark a reduction in such discards taking place, it remains an issue that requires focussed and sustained activity to address. One of the key ways in which to ensure that fishers are operating sustainably is to set limits (TACs) on the number of fish that can be harvested. In a situation where discards are continuing, without proper controls and accountability in place, it can be difficult to ensure that these limits are being adhered to.

1.7. The consultation document states that across the industry, bycatch and entanglements of non-fish species, including cetaceans, seals and seabirds, can also occur and this needs to be tackled. The rules and regulations in place to manage fishing activity need to ensure that such catch is minimised and, where possible, eliminated.

1.8. During the public consultation period for the FCP the Scottish Government was also running a separate but related consultation on proposals relating to Remote Electronic Monitoring (REM).^[3]REM and advancements in Machine Learning (ML) provide opportunities to modernise the way in which accountability and confidence is provided in delivering responsible and sustainable fisheries management.^[4]

The consultation

1.9. The purpose of this public consultation was to seek views on a Future Catching Policy which is intended to take a co-management approach to reducing unwanted catch of fish and other marine species, tackle the challenges associated with discarding under the current landing obligation by introducing a suite of measures tailored to consider the varied fleet and geographical differences, and to provide a means to further enhance the management of fishing activities as set out in the Fisheries Management Strategy.

1.10. The consultation contained 24 questions – 20 closed, 2 open and 2 multiple choice with space to provide further comments. The questions covered:

• The principles of the landing obligation (Q1-2)
• General (Q3-6)
• Pots and creels (Q7-11)
• Gillnets and longlines (Q12-16)
• Additional selectivity for directed fisheries (Q17-19)
• Discard exemptions (Q20)
• Process (Q21-22)
• Additional comments (Q23)
• Business Regulatory Impact Assessment (Q24)

1.11. Annex 1 contains a complete list of consultation questions.

Aim of this report

1.12. This report presents a robust analysis of the material submitted in response to the consultation. The structure of the report follows the structure of the consultation paper and considers the response to each consultation question in turn.

1.13. Annexes 1-3 provide further detail about the consultation questions, the responses, the respondents, and the views expressed.

Approach to the analysis

1.14. The analysis seeks to identify the most common themes and issues. It does not report on every single point raised in the consultation responses. All responses where the respondent has given permission for their comments to be published will be made available on the Citizen Space website.

1.15. Equal weighting has been given to all responses. This includes the spectrum of views, from large organisations with a national or UK remit or membership, to individuals' viewpoints.

1.16. This analysis report quotes and paraphrases some of the comments received. However, this does not indicate that these comments will be acted upon or given greater credence than others.

Comment on the generalisability of the consultation findings

1.17. As with all consultations, the views submitted in this consultation are not necessarily representative of the views of the wider public. Anyone can submit their views to a consultation, and individuals (and organisations) who have a keen interest in a topic – and the capacity to respond – are more likely to participate in a consultation than those who do not. This self-selection means that the views of consultation participants cannot be generalised to the wider population. For this reason, the main focus in analysing consultation responses is not to identify how many people held particular views, but rather to understand the range of views expressed and the reasons for these views.