Partial Business and Regulatory Impact Assessment (North West Waters) - Fisheries Management Measures within Scottish Offshore Marine Protected Areas (MPAs)

Intra-UK Trade

The United Kingdom Internal Market Act 2020 came into force following the UK leaving the EU single market. It is anticipated that introducing fisheries management measures for offshore MPAs will have no impact upon internal UK trade including the United Kingdom Internal Market Act 2020 and the Common Framework Agreements.

Goods

The implementation of this policy of fisheries management measures within MPAs in the Scottish offshore region would not significantly impact the sale of goods. The policy does not diverge from that of other UK nations.

The proposed restrictions on fisheries under this policy have the potential for a comparatively small impact on fish landed to Scottish ports. However the potential for displacement of fishing activity, and the variable nature of landings means this cannot be directly tracked or related to measures. Under proposed measures there will be no impact on market access.

Services

The implementation of fisheries management measures within MPAs in the Scottish offshore region is not expected to impact services or result in regulatory divergence between UK nations. Mutual recognition and non-discrimination principles are not relevant in this case.

International trade

There will be no impact on international trade into or out of Scotland from the implementation of fisheries management measures within MPAs in the Scottish offshore region.

A. Does this measure have the potential to affect imports or exports of a specific good or service, or groups of goods or services?

The policy of implementing fisheries management measures within MPAs in the Scottish offshore marine region does have the potential for a comparatively small impacts on landings within Scottish ports. However the potential for displacement, and the variable nature of landings means this cannot be directly tracked or related to measures. Under proposed measures there will be no impact on market access.

B. Does this measure have the potential to affect trade flows with one or more countries?

No.

C. Does this measure include different requirements for domestic and foreign businesses? - i.e. are imported and locally produced goods/services treated equally? - i.e. are any particular countries disadvantaged compared to others?

Fisheries management measures implemented within MPAs in the Scottish offshore region will apply equally to all UK and non-UK fishing vessels, except for areas within sites which overlap in “the Special Area” located between the Faroe Islands and the United Kingdom. This applies to three sites addressed within this BRIA.

The Special Area is an area of shared jurisdiction between the UK, the government of the Faroe Islands and the Kingdom of Denmark and subject to an international treaty. Measures implemented by Scottish Ministers in the areas of overlap would not apply to vessels which are exclusively Faroe Islands-regulated. Further detail is provided below under International Standards and EU Alignment.

International Standards and EU Alignment

The UK’s new relationship with the European Union is governed by two treaties; the EU-UK Withdrawal Agreement and the TCA. Ministers have a policy commitment to maintain alignment with the EU where possible and in Scotland’s interest, while contributing towards protecting and advancing high standards. Alignment policy applies to EU and domestic policy initiatives and can be achieved through policy commitments, or primary and secondary legislation.

This policy of implementing fisheries management measures within MPAs in the Scottish offshore region is not expected to impact the TCA agreement.

Marine Directorate officials will provide notifications to the Specialised Committee on Fisheries via the required notification process on the implementation of fisheries management measures within MPAs in the Scottish offshore region.

This policy of implementing fisheries management measures within MPAs in the Scottish offshore region aligns with the EU’s ecosystem based approach^[25] and is not expected to impact access to EU markets for people, goods and services.

Three sites have partial overlap with “the Special Area” of shared jurisdiction between the UK, the government of the Faroe Islands and the Kingdom of Denmark; Darwin Mounds SAC, Wyville Thomson Ridge SAC and West of Scotland MPA. In 2013 a Protocol to the Agreement reiterated the shared interest of the parties in protecting the marine environment. Within the Special Area each party may manage their fisheries independently, therefore measures implemented by Scottish Ministers in the areas of overlap would not apply to vessels which are exclusively Faroe Islands-regulated.

The two SACs were designated through the EU processes and the designations agreed upon by the Kingdom of Denmark and there are legislative requirements to take conservation measures in SACs in a way that corresponds with the ecological requirements of the habitats and species for which the sites have been designated. For West of Scotland NCMPA, this site has been designated solely by Scottish Ministers and a boundary amendment is proposed to amend the site boundary to remove the Special Area would ensure that proposed fisheries management measures would apply to all vessels within the full MPA and can be fully implemented, monitored and controlled by the Scottish Government.