Assessing fisheries displacement by other licensed marine activities: good practice guidance

6 Good Practice Guidance for the assessment of fisheries displacement

6.1 Commercial fisheries EIA methodology

For the purpose of this Guidance, it is assumed that the overall EIA methodology which would be applied during the production of a commercial fisheries chapter of an EIA Report (EIAR) will follow existing guidelines (CIEEM, 2018; SNH, 2018), and regulations (e.g. Marine Works (EIA) (Scotland) Regulations 2017 (as amended) and / or Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017).^[26] At all times, it is assumed that an EIA practitioner will consider the parameters of an offshore project such as the programme of works, installation methods, infrastructure design and then assess any impacts in relation to the worst case scenario of each project parameter, relevant to commercial fisheries stakeholders. A matrix of receptor sensitivity, magnitude of effect and impact significance is therefore expected to be followed in line with standard commercial fisheries assessment approaches. Further details are provided in Section 6.5.

Practitioners should clearly define and explain the EIA terms, as a 'non-significant' impact may not appear as such to the individual that it is affecting, and this should be clear when referring to displacement impacts. Through the ScotMER evidence map work, it was recommended that a review of EIA criteria for commercial fisheries is conducted, culminating in guidance on assessing magnitude and sensitivity of fisheries (Knowledge Gap FF.04) (Marine Scotland, 2018a). If the standard EIA methodology for commercial fisheries assessments are amended by Marine Scotland or other appropriate authority, it is expected that this would be adopted by EIA practitioners.

Further details on EIA methodology relevant to this Guidance can be found in the Literature Review (Section 4.1.1). The commercial fisheries displacement assessment will be included within the commercial fisheries impact assessment chapter in an EIAR as a potential impact of the development (if scoped in).

6.2 Overall guidance for commercial fisheries displacement assessments

As part of the Literature Review, several published EIAs for a variety of offshore developments were studied, in order to identify existing methodologies which have been used for commercial fisheries displacement assessments. The review focused on published EIAs for UK OWFs, however, EIAs for other development types (e.g. oil and gas, cables, wave) were also reviewed, as well as non-UK developments. This process, along with extensive consultation with the FFSRG has highlighted methodologies and processes which, based on the available information, may be most effective for commercial fisheries displacement assessments.

In summary, the most effective assessment should use a method which enables clear identification of receptors, quantification of the spatial and temporal effects of displacement and also provides proportionate embedded or additional mitigation measures, where necessary, such as the Fisheries Management and Mitigation Strategy (FMMS), engagement and liaison, communication plans, use of guard vessels, employment of a company FLO and a project FIR. It is recommended that the following key points are considered during the development of assessments of commercial fisheries displacement:

1. Clear understanding of the commercial fishing 'receptors' for which impacts will be assessed, the fishing methods which are operated in the study area, including the areas where fishing activity may be relocated to (Section 5);

2. Identification of the likely maximum distance of displacement by the receptors, and the potential spatial extent of displacement effects for the fishing vessels which are already operational in the area which vessels are displaced to;

3. Identification of potential impacts on displaced commercial fisheries from the area that vessels are initially displaced from;

4. Identification of potential impacts on any fishing vessel operators / owners which are already active in the area in which vessels are displaced to and the potential for competition for space;

5. Establishing the sensitivity of each commercial fisheries receptor to displacement, with reference to the specifications detailed in Section 6.3.1;

6. If possible, a quantitative assessment of magnitude (e.g. taking account of spatial extent, duration, fishing effort, number of vessels) (e.g. Section 6.4); and

7. Consideration of primary and secondary displacement where applicable.

6.2.1 Recommendations for effective consultation

Accessibility to individual fishing grounds and permission from the vessel operators for their data to be used within an EIA requires early, extensive engagement and liaison with fishing vessel operators / owners, along with fisheries associations, local fishery offices and the Regional Inshore Fisheries Groups^[27] (particularly relevant for cable routes in inshore waters between 0 – 6 NM).^[28] It should be noted that the majority of small vessel operators may not be represented by associations and so 1-1 consultation is essential.

Ideally, meetings should be arranged with fisheries stakeholders during the screening / scoping stage. MS-LOT can initially advise on national and regional fisheries organisations that should be consulted with. Individual vessel operators / owners can be identified through local knowledge from harbour masters, fishery officers and local Fisheries Industry Representatives (FIRs).

A representative sample of fishermen should be consulted with as part of the scoping and EIA process. Please note that consent from fishermen to release contact details will be required.

Assuming COVID-19 restrictions are lifted, consultation is often more productive when done via in-person meetings at an appropriate location and time (in consideration of factors such as the weather to predict if a fishing vessel operator / owner may be at sea) which is accessible to the fishing vessel operator / owner. Videoconference calls and telephone calls suffice if in-person meetings are not possible.

Consultation will provide information on the distribution of fishing activity by fishing method, key species, seasonal trends and also offers an opportunity for fisheries stakeholders to voice any concerns and feedback. It should also focus on understanding fishing vessel parameters and operating practices to help assign commercial fisheries receptor sensitivity to displacement (Section 6.3). This information will be key to inform the commercial fisheries displacement assessment.

In Scotland, the ScotWind Plan Option (PO) areas, were consulted on extensively by commercial fisheries stakeholders to minimise the potential overlap of offshore windfarms and areas of high fishing activity as much as possible, and to ensure involvement of fisheries at an early stage.^[29] The PO areas were relocated and redesigned in multiple locations to accommodate concerns from fisheries stakeholders. Sectoral and regional consultation was undertaken as part of the Sectoral Marine Plan, such as fisheries organisations and the Inshore Regional Fisheries Groups. Early, collaborative approaches to consultation such as the ScotWind PO consultation process can reduce major impacts to commercial fisheries stakeholders from offshore developments, prior to project design. For offshore developments more localised and individual vessel operator consultation must be included.

During the EIA process, as well as following applicable Pre-Application Consultation (PAC) Regulations, there are national guidance documents published by The Fishing Liaison with Offshore Wind and Wet Renewables Group (FLOWW) which provide recommendations for fisheries liaison, including consultation and mitigation measures which should be referred to by developers and their contractors during the production of any commercial fisheries assessment (i.e. FLOWW, 2014; FLOWW, 2015). Consultation is normally conducted by the FLO with the support FIR, who should have extensive information on the local fishing industry.

The FLOWW committee is in the process of finalising a revised guidance document which is due to be published in 2021 and should be referred to once publicly available.

6.3 Assigning commercial fisheries receptor sensitivity to displacement

The displacement of fishing activity and a receptor's sensitivity to displacement may be affected by factors such those highlighted in the Literature Review in Sections 2.1.1 and 6.1.

In consideration of these factors, the findings of the Literature Review and following consultation with the FFSRG, the following parameters must be considered when assigning sensitivity of a commercial fisheries receptor to displacement:

1) Availability of alternative grounds, taking consideration of existing fishing methods which are used and the species which are typically targeted, how mobile the species are and the existing infrastructure / activities in the area;

2) Knowledge of alternative grounds;

3) The individual operating practices, strategies and preferences of the fishing vessel operator(s) / owner(s) including their perception of risk and experience level;

4) Distance from home port of the alternative grounds i.e. the operational range of the fleet which is often directly correlated with vessel size, and steaming time to alternative grounds;

5) The type and level of fishing activity already present in the area to which fishing is displaced, and subsequent potential for competition for space; and

6) Fishing rights and quotas. Consideration needs to be had for any implications of the withdrawal of the UK from the EU.

It should be noted that Marine Scotland is planning to produce a commercial fisheries sensitivity mapping tool which will provide guidance on assigning sensitivity criteria to commercial fisheries receptors.

Box 5 – Determining the availability of grounds

The Literature Review identified several different tools which are utilised to determine where fishing is likely to be relocated to as a result of displacement. However, most involve complex behavioural models which require several assumptions to be made with potential inaccuracies in the results.

As an alternative to determining where fishing effort is likely to be relocated to, a qualitative estimation of the availability of alternative grounds can be made. The availability of alternative grounds will influence the sensitivity of a receptor to displacement and can also be used to assess the potential for increased competition or gear conflict.

The availability of alternative grounds should be determined by considering the following factors:

• Location of established fishing grounds - determined primarily through VMS, but also potentially through other commercial fisheries data sources (e.g. surveillance sightings, consultation data and AIS);
• Operational range of vessels (using vessel size as a proxy – smaller vessels have smaller operational ranges);
• Attachment to home port;
• Availability, mobility and distribution of target species;
• Seabed type / habitat (where relevant);
• Regulations which limit the availability of grounds (e.g. restrictions on vessel size); and
• Existing infrastructure / activities in the area as well as any other spatial management measures (e.g. within an MPA) which could limit the availability of grounds for that fleet.

6.3.1 Vessel parameters and sensitivity

The specifications of a fishing vessel can vary widely depending on the fishing method which is being operated. The following key vessel parameters, have been identified as main factors in defining the sensitivity of a fishing vessel to displacement:

1) Vessel length, engine power and overall maneuverability;

2) In relation to trawlers / dredgers, the length, width and material of the net and rig and subsequent minimum spacing required for hauling, deploying and operating gear;

3) Seabed penetration depth of the component which is in seabed contact (the groundline, dredge teeth);

4) Versatility, for example multipurpose vessels which may switch from Nephrops to rockhopper trawl gears; and

5) The adaptability of the fishing method or ability to switch to another fishing method e.g. only suitable for sandy ground vs able to trawl over mixed and uneven ground. Consultation with the fishing industry has indicated that larger vessels are less likely to be adaptable.

For offshore wind farms, details on vessel parameters may help to understand the potential for co-existence between certain fishing fleets and the offshore wind farm, dependent on the project design parameters, and this can feed into the assessment of displacement during the operational phase. For instance, once the minimum spatial requirements for deploying and hauling gear and the manoeuvrability of a vessel is known, this can be compared with the minimum spacing between turbines to ascertain whether fishing could resume within the wind farm area, once operational. Whether fishing activity does resume, will however, be dependent on each individual skipper and their perception of risk, and this should always be noted within a commercial fisheries displacement assessment. Liability for any damage to offshore wind farm infrastructure and associated cabling is also another consideration in assessing whether or not fishing may resume after construction of a wind farm. Research and guidance on existing legal frameworks with regard to fishing within wind farms is a knowledge gap that has been identified by stakeholders on the ScotMER Fish & Fisheries evidence map.

6.3.1.1 Fisheries specific sensitivities

Indicative vessel parameters for each of the priority research area fishing methods (as identified in Section 6.3.1 in this Guidance and Section 2.1.1 in the Literature Review) which are relevant fisheries displacement are provided in Sections 6.3.1.1.1 to 6.3.1.1.4.

The vessel parameters which are provided are based on anonymised vessels which are known to operate each of the fishing methods. The vessel parameters have been taken from typical vessels within each category from the MMO vessel lists (MMO, 2021a; MMO, 2021b), from data from the SFF and SWFPA and through consultation with the SFF and SWFPA^[30] (SFF, 2020). Please note that seabed penetration depth has not been listed within these tables as this will depend on several factors, including the gear being operated, its interaction with the seabed and the ground conditions present in the area. This has been identified as a potential area of future research within the Literature Review.

The parameters which are provided are based on typical values obtained through consultation and publicly available data on each fleet. The specific parameters which should be used for an assessment must be obtained by project-specific consultation and data sourcing.

Box 6 – ScotMER Evidence Gap FF.14 – Co-existence

Defining the minimum spatial operational range and seabed penetration depth of fishing methods has also been identified as a knowledge gap for coexistence as part of the ScotMER evidence work (Knowledge Gap FF.14). If any studies or guidance on this topic become available as part of the ScotMER work, this could be referred to as part of the displacement assessment. However, due to the variability in the spatial requirements of fishing vessels, consultation should also be used to inform this aspect.

6.3.1.1.1 The Scottish King Scallop fishery

Example receptor – a large, nomadic scallop dredger, home port in Peterhead, Brixam, Peterborough etc, operational range is most scallop grounds in the UK.

Vessel length: 30.3 m

Vessel breadth: 7.3 m

Engine power: 750 kW

Gear operated: Scallop dredge

Number of rigged towed gears: 8-10 dredges per beam (16)

Minimum spatial requirements for deploying and hauling gear: Within 12 NM, the tow bar is a maximum length of 7.5 m with a maximum of 8 dredges per side. Beyond 12 NM limit, there is no restriction on tow bar length, but only 14 dredges per side are permitted. Distance between the vessel and the tow bar varies with weather conditions, seabed habitat and water depth, with no specific limits stipulated in legislation.

Towing speed: 2 – 3 knots

Typical duration of tow / dredge: 1-2 hours

Seasonality: To be added by EIA practitioner following project-specific consultation.

Manoeuvrability when fishing: Low

Availability of other grounds: Depends on scallop populations at other grounds, but potential UK-round. May depend on seabed type and water depth.

Adaptability of vessel: To be added by EIA practitioner following project-specific consultation.

6.3.1.1.2 The Demersal trawl fishery

6.3.1.1.2.1 Single demersal trawler

Example: over-10 m demersal trawler based in Fraserburgh, Buckie etc targeting squid

Vessel length: 18.3 m

Vessel breadth: 6.5 m

Engine power: 750 kW

Gear operated: Demersal trawl net

Number of rigged towed gears: 1 single net

Operational area needed when gear in use (spread of gear on seabed): Dependent on water depth and target species. Average distance from boat to net is approximately 400 – 600 m, with the net a further 70 – 90 m from the cod end. This may be longer for fishing vessels operating in deeper waters or when vessels operate with a longer distance between the wing end of the net and the trawl doors (bridle). The distance between the trawl doors varies between 30 and 120 m.

Towing speed: 2-4 knots

Typical duration of tow / dredge: 1-2 hours

Seasonality: To be added by EIA practitioner following project-specific consultation.

Manoeuvrability when fishing: Low

Availability of other grounds: To be added by EIA practitioner following project-specific consultation.

Adaptability: Can switch to other kinds of trawled gears to target other species such as Nephrops.

6.3.1.1.2.2 Pair Trawling

Example: Pair trawlers based in Peterborough targeting whitefish in North Scotland

Vessel length: 29 m

Vessel breadth: 8 m

Engine Power: 670 kW

Gear operated: Demersal trawl net towed by 2 vessels.

Number of rigged towed gears: 1 net

Operational area needed when gear in use (spread of gear on seabed): Vessels operate approximately 200 – 500 m apart and the distance between the net and the vessel ranges from 200 – 600 m. The net is a further 80 – 100 m from the wing ends of the net to the cod end.

Towing speed: 3 – 4 knots

Typical duration of tow / dredge: 1-2 hours

Seasonality: To be added by EIA practitioner following project-specific consultation.

Manoeuvrability when fishing: Low

Availability of other grounds: To be added by EIA practitioner following project-specific consultation.

Adaptability: To be added by EIA practitioner following project-specific consultation.

6.3.1.1.2.3 Nephrops trawling

Example: over-10 m Nephrops trawler based in Dunbar, Pittenweem etc operating in the Forth and Tay region.

Vessel length: 11 m

Vessel breadth: 4 m

Engine power: 90 kW

Gear operated: Nephrops demersal trawl net

Number of rigged towed gears: 1 single net

Operational area needed when gear in use (spread of gear on seabed): 280 – 500 m between the vessel and trawl doors and a further 40 - 70 m to the cod end. The distance between the trawl doors is approximately 20 – 70 m.

Towing speed: 1.5 – 4.5 knots

Typical duration of tow / dredge: 2 – 4 hours

Seasonality: To be added by EIA practitioner following project-specific consultation.

Manoeuvrability when fishing: Low / medium

Availability of other grounds: Specific to Nephrops grounds typically located in sandy and muddy sediments. May depend on quota availability.

Adaptability: Can switch to other kinds of trawled gears to target other species (e.g. to rockhopper trawl nets with different mesh sizes during squid season)

6.3.1.1.3 Scottish Seine Net fleet

Example: over-10 m vessel based in Fraserburgh operating in and around the Moray Firth.

Vessel length: 24 m

Vessel breadth: 6 m

Engine power: 559 kW

Gear operated: Scottish seine net

Number of rigged towed gears: 1 single net

Operational area needed when gear in use (spread of gear on seabed): Seine netters operate with 3600 m of rope on each side, shot in a triangle shape. Therefore, the net can be as far as 2,800 m from the boat and 1,400 m wide when the net is first hauled. There is a further 80 – 100 m back to the cod end.

Towing speed: To be added by EIA practitioner following project-specific consultation.

Typical duration of tow / dredge: To be added by EIA practitioner following project-specific consultation.

Seasonality: To be added by EIA practitioner following project-specific consultation.

Manoeuvrability when fishing: Low

Availability of other grounds: Depends on the availability of sandy soft sediments / clear ground which is typically operated.

Adaptability: Seine net vessels can switch over to demersal or other trawling methods and have been known to do so over the last decade.

6.3.1.1.4 Static fishing gear (creels)

Example: under-10 m potting vessel operating out of Buckie.

Vessel length: 7 m

Vessel breadth: 3 m

Engine power: 40 kW

Gear operated: Pots and traps

Operational area needed when gear in use (spread of gear on seabed): Depends on the number of creels which are worked.

Typical soak time: 1 - 2 days

Seasonality: To be added by EIA practitioner following project-specific consultation.

Manoeuvrability when fishing: Low when hauling or setting gear.

Availability of other grounds: Depends on the proximity of the grounds to the creeler, as well as quality of the grounds as they are often more restricted in operational range.

Adaptability: Some smaller vessels may have the capability to operate other fishing methods, and are sometimes multipurpose with several methods worked at different times of year (e.g. mackerel jigging).

6.4 Magnitude of effect for displacement

The magnitude of effect of the displacement of commercial fishing activity should be defined on the basis of project-specific factors including the duration, spatial extent and the characteristics of the project which may cause displacement. As with any commercial fisheries impact, the magnitude of effect should be defined separately for each development phase (e.g. pre-construction surveys / seabed preparation, construction, operation and maintenance, decommissioning) and separately for each receptor. Additionally, all aspects of a development should also be considered. For instance, for an OWF and the electrical transmission infrastructure should both be considered. Often, displacement from the wind farm area and the export cable are considered as separate impacts within an EIA.

The duration, spatial extent and characteristics of the project will depend largely on the type of development, which is further detailed in Section 6.2.1.1 of the Literature Review. In defining the magnitude of effect, EIA practitioners would be expected to identify mitigation measures which could be implemented either as part of the project design or during the activity, to reduce any significant impacts. These would be captured within the projects FMMS or equivalent consent plan (e.g. Fisheries Liaison and Coexistence Plan) and should be steered by the project FLO and the relevant consent condition requirements.

A summary of the key parameters of developments which are of particular relevance to commercial fisheries displacement and categorisation of magnitude of effect are listed below:

• Duration of different project activities / phases, including pre-construction surveys, construction, operations and maintenance and decommissioning activities;
• Number of work vessels active on site during any phase at any time and vessel management such as shelter areas, indicative transit plans, safety zones;
• Layout, design and installation methods for infrastructure such as the minimum spacing between OWF turbines (tends to increase with increasing power capacity) and orientation;
• Whether the project is floating or fixed to the seabed;
• The overall area of subsea structures and any subsidiary infrastructure;
• Expected depth of burial, and % of cables which will be buried, the type of design, installation and inspection processes of any mechanical protection; and
• Mitigation measures such as the FMMS, engagement and liaison, communication plans, use of guard vessels, employment of a company FLO and a project FIR.

To determine the magnitude of impact, the factors above should be placed in the context of the level of fishing that occurs within the displaced area and the relative importance of the area for each receptor when considering the availability of alternative grounds.

Additionally, as displacement specifically refers to the redistribution of effort, it is important to consider whether alternative grounds are able to 'absorb' the displaced effort or whether competition for space or gear conflict is likely to arise. It cannot be assumed that fishing vessels will always relocate to established fishing grounds in the vicinity of the displaced area. For example, some vessels may choose to relocate to new fishing grounds or grounds which are operated by other fishing fleets (e.g. static fishing gear vessels relocated to areas operated by demersal trawls). Therefore, there is the potential for conflict and competition to arise within and between fleets.

The factors that should be considered when determining the potential for conflict or increased competition within and between fishing fleets are:

• The levels of effort that occur within the area from which vessels have been displaced from and the spatial extent and duration of the impact;
• Availability of alternative grounds for the displaced vessel (i.e. potential for effort to be dispersed across a wide area and reduce the potential for conflict and / or competition); and
• The potential for overlap between the available grounds for different fleets. For instance, for fishing fleets that require specific habitat conditions for target species (e.g. Nephrops), there may be limited potential for overlap with grounds for fishing methods which do not operate in the same conditions.

It is important that for each receptor, the fisheries displacement assessment considers the potential for primary and secondary displacement impacts.

6.5 Assessment criteria and determining significance

Standard commercial fisheries EIA methodology involves assigning a sensitivity (e.g. negligible, low, medium or high) and magnitude (e.g. negligible, low, medium, high) for each identified receptor and utilising a significance criteria matrix to determine the potential significance of each impact. Commercial fisheries sensitivities and magnitude cannot be easily categorized and will largely require a qualitative assessment relying on expert judgement.

It is standard industry practice to include overarching sensitivity and magnitude criteria within an assessment methodology / criteria sub-section within the commercial fisheries EIA chapter. However, due to the number of impacts requiring consideration within a commercial fisheries EIA, it is difficult to apply standard definitions consistently across all impacts. These standard definitions for sensitivity usually include aspects such as availability of alternative grounds, operational range, adaptability / versatility in terms of fishing method and / or target species, and dependence on fishing grounds overlapping development area. The standard definitions for magnitude of effect usually consider the level of fishing effort / value in the development area, the spatial extent of the impact (in terms of overlap of the receptor's fishing grounds) and the duration of the impact. These standard definitions are useful to generally guide the assessment, however, the factors listed within this guidance should form the basis for assigning sensitivity and magnitude for a fisheries displacement assessment.

As is the case for all impacts considered within a commercial fisheries EIA chapter, the fisheries displacement assessment should include separate sensitivities and magnitudes for each phase of the project (construction, operation and maintenance and decommissioning) and for each receptor being considered.

The key factors requiring consideration when assigning sensitivity and magnitude are described in Sections 6.3 and 6.4. These should be used by EIA practitioners and stakeholders to assign sensitivities and magnitude in order to determine the significance of the impact (e.g. negligible, minor, moderate or major).

As an example, a receptor may have a higher sensitivity to displacement if they have one or all of the following attributes:

• Low availability of alternative fishing grounds;
• Low versatility / adaptability in terms of fishing method or target species;
• Small vessel length with a smaller operational range;
• Fishing methods with operating practices which are more vulnerable to gear conflict – typically this includes static fishing gear which is left unattended on the seabed; and / or
• Fishing methods with a low potential for co-existence with a development, considering vessel parameters and sensitivity listed in Section 6.3.1 and the potential for health and safety risks of returning to fish within a development. Note this will be dependent on the project-specific design parameters.

Furthermore, the magnitude of effect may be greater under the following scenarios:

• Long-term or permanent duration;
• The area affected sustains high levels of activity by the fishery;
• The impact occurs over a large spatial extent which covers a large proportion of the receptors fishing grounds;
• The distance between each OWF turbine is small, meaning fishing is highly unlikely to resume within the development area;
• Aspects of the project design pose a potential health and safety risk to the fishing activity;
• There is a low potential for cable burial;
• The displaced fishing activity has a low availability of fishing grounds, with the potential for displaced vessels to be redistributed to fishing grounds operated by other fishing fleets (e.g. static gear displaced into waters operated by mobile operators).

Please note that the lists above are not exhaustive and that each receptor and development should be considered on a case-by-case basis. A holistic approach should be taken when assigning sensitivity and magnitude, by considering all factors listed within Section 6.3 and 6.4, respectively. The EIA practitioner or stakeholder should consider how each of these factors together influence the sensitivity of the receptor and the magnitude of effect, rather than focusing on each factor individually. As described previously, when determining significance, displacement impacts should be considered in terms of the receptor being displaced directly by the other licensed marine activity (primary displacement) but also the receptor being indirectly impacted by the other licensed marine activity through secondary displacement.

Notably, fisheries displacement will likely form one of several impacts which are assessed within a commercial fisheries EIA. The fisheries displacement assessment will closely link to the impact assessment for temporary or permanent loss or restricted access to fishing grounds as this has a direct influence on the anticipated levels of displacement. The assessment methodologies for loss or restricted access to fishing grounds often incorporate several factors which are relevant to displacement, such as the fleet characteristics which determine the sensitivity to this impact (e.g. the operational range (often correlated with vessel size), availability of fishing grounds and target species, and adaptability / flexibility of gear). Aspects of the impact that determine the magnitude of effect, such as the spatial extent and duration of the assessed activities, and the value and effort of fishing activity within the grounds that overlap with the impact area compared to the overall operational range or grounds available are also relevant to the assessment of displacement.

6.6 Summary of assessment of displacement process

Based on the information provided in Sections 5 to 6.4, the following diagram provides a summary of the approach which is advised to be used when assessing fisheries displacement. The primary step which should be taken in all cases is to obtain an overview of the current fishing activity from desk-based sources and consultation, and to identify the key receptors to displacement impacts.

Consultation (occurs throughout)

• Project FLO and FIR
• Engage with fisheries stakeholders during scoping, EIA and post- consent
• Transparent process for assessment
• Obtain key data on fleets, operating practices and fishing grounds
• Consultation following application

Pre-application

Step 1: Identification of sensitive fleets / vessels

1) Issue irrelevant FOI requests for surveillance sightings, VMS data, fisheries statistics and other data sources, as necessary (Table 5-1)

2) Analysis and presentation of commercial fisheries data to describe the existing environment (Section 5)

3) Consultation to understand fisheries distribution (especially 10 m and under vessels) and to identify stakeholder concerns (Section 5 and 6.2.1)

a. Use of FLO/ FIR

b. Fisheries associations and working group

4) Identify receptors which are sensitive to the different phases of the development

5) Consultation and desk-based review (e.g. Seafish website) to understand typical operating practices for receptors

Step 2a: Designate sensitivity

1) Review of desk-based sources to understand availability of alternative grounds and other factors which influence sensitivity to displacement for each receptor (Section 6.3)

2) Consultation to obtain information on vessel parameters (Section 6.3)

3) Assign sensitivities to displacement for each receptor fishery (Section 6.5)

Step 2b: Determine magnitude of effect

1) Identify relevant embedded mitigation measures

2) Describe the spatial extent and duration of displacement for each phase

3) Consider the project design parameters which will influence the level of displacement likely to occur for each phase (Section 6.4 )

4) Identify the potential for conflict and increased competition to result from displacement occurring from each project phase (Section 6.4)

5) Assign the magnitude of effect for each receptor and phase of the project (Section 6.5)

Step 3: Determine significance using standard EIA methodology (Section 6.5)

Step 4 : Mitigation Measures

1) Identify relevant mitigation measures

Post-application

Step 5: Post Consent

1) Production of FMMS and other post-consent plans and documentation

2) Discharge of consenst conditions (e.g. commercial fisheries monitoring)

6.7 Cumulative and in-combination assessment

The assessment of cumulative and in-combination effects (see Box 7) is an integral aspect of EIA, and as such, displacement impacts must also be considered in this context. It is recommended that the cumulative and in-combination impacts which are included follow the current approaches from commercial fisheries EIA methodologies, taking into account projects and activities which may occur at the same time (e.g. concurrent construction phases) or within the same area (relative to the commercial fisheries receptor's operational range and sensitivity). It is recommended that all offshore developments / activities are considered for inclusion in the cumulative effects assessment, and not just developments of the same type. These should be identified through sources such as Marine Scotland Information, Crown Estate Scotland / The Crown Estate and through consultation with Marine Scotland (or equivalent) as needed. Any management measures in MPAs which could act cumulatively should also be considered.

Box 7 – Cumulative and in-combination impacts

For the purposes of this guidance, the definitions of cumulative and in-combination impacts provided within the Marine Scotland (2018b) offshore wind, wave and tidal energy applications: consenting and licensing manual. The Marine Scotland (2018b) guidance also highlighted that cumulative and in-combinations impacts should both be considered in a cumulative effects assessment. The definitions for cumulative and in-combination impacts are as follows:

"Cumulative effects can occur on a local, regional or global basis and can be additive, combined or synergistic. They are described as effects that result, or are likely to result, from additive effects caused by other past, present or reasonably foreseeable actions (e.g. in scoping), together with the plan, programme or project itself. More specifically, they are defined as pressures of the same type acting on the same receptors across defined spatial areas and temporal periods."

"In-combination effects are defined as pressures of a different type but acting on the same receptors."

The factors which influence displacement sensitivity, and the direct effect on the displaced fishery will directly influence the probability of a cumulative effect occurring. If potential significant impacts could be caused during the operational phase of a project, it is recommended that the cumulative effects are considered during operation as well as construction / decommissioning, and that a more holistic approach to this component of the assessment is carried out. Each potential activity or project which is identified as having the potential to result in a cumulative effect should be reviewed to determine the spatial and temporal scales of the potential cumulative impact. The status of the other projects and activities being considered within the displacement assessment (e.g. consented, operational, decommissioning), construction timelines (if appropriate) and project design parameters should also be considered within the cumulative assessment.

The relevant area for consideration for cumulative effects should consider the operational range of the impacted receptor, and this may be large (e.g. a nomadic scallop dredger with large operational range which is displaced from a floating windfarm). Characteristics of the fishing activity and target species should form the core base to the assessment, with reference to the sensitivity factors given in Section 6.3 along with the comprehensive baseline defined using the sources provided in Section 5.1. The magnitude of the cumulative and in-combination impact should be specific and proportionate to each identified receptor fishery.

The cumulative effects assessment should consider the following:

• Sensitivity of each receptor to displacement using the methods laid out in Section 6.3;
• The potential overlap of the fishing effort by the receptors relevant to the project itself with the projects / activities identified as part of the cumulative and in-combination assessment;
• Consider the interactions of different impacts acting on a receptor (in-combination impact);
• The project design parameters of the projects / activities identified as part of the cumulative and in-combination assessment (for MPAs this would consider any fisheries management measures in place); and
• The spatial and temporal overlap of the other projects / activities with the project itself and assess how this could result in cumulative displacement impacts.