Dear Sir/Madam
REVIEW OF CONTROLS ON INSHORE FISHING IN SCOTLAND1. Following discussion and consultation with the Scottish Inshore Fisheries Advisory Group (SIFAG), the Deputy Minister for the Environment and Rural Development has announced that she will review controls under the Inshore Fishing (Scotland) Act 1984. With the higher profile of inshore fisheries issues, the growing interest and involvement on the part of natural heritage and local community interests and the effect that possible diversion of effort from the whitefish sector may have, it has been decided that a review of the controls provided by the Act is appropriate. The Inshore Fishing (Scotland) Act 1984 provides the Scottish Ministers with general powers to prohibit sea fishing in specified areas of Scotland's inshore waters by specified methods and for specified periods of time. Since the passage of the 1984 Act, there have been a number of general Orders and specific provisions made which have sought to protect inshore fish stocks and resolve conflicts between mobile and static gear fishermen.
Scottish Executive Policy on Inshore Fisheries
2. Scottish inshore fishing may be described as an activity within the 6 mile limit of Scottish inshore waters, focussing primarily on the prosecution of shellfish, carried out mainly but not exclusively by the under 10 metre fleet. The Executive attaches great importance to the sustainable management of Scotland's inshore fisheries. It considers that inshore fisheries should, in general, be for the economic benefit of local coastal communities. A principal concern is to conserve stocks through sustainable fishing in order to maximise economic benefits in the long-term. The controls under the 1984 Act are only one part of the Executive's inshore fisheries management regime. Other functions encompassing the principle of local involvement include Several and Regulating Fishery Orders and support and advice for those parties involved in establishing local voluntary management schemes, an example of which took place recently in the Loch Torridon area.
Existing Prohibitions
3. Existing prohibitions cover 2 situations; those designed to protect stocks and juvenile fish in particular, and those designed with the purpose of preventing conflict between fishermen using different types of gear but fishing the same waters. On the latter, the Executive holds the view that such conflicts are best resolved through local dialogue and co-operation between the interested parties. The Loch Torridon situation referred to above is an example of how parties sharing a fishery but employing different types of gear can come together, negotiate and co-operate to develop a voluntary agreement on future fishing practices. The Executive will continue to support and seek to facilitate such agreements.
4. Prohibitions can however cover a variety of situations. Proposals are considered on their merits with special consideration of the scientific justification for closure, local considerations, the implications for all those with an interest in the fishery and the enforceability of the provisions.
The Scottish Inshore Fisheries Advisory Group (SIFAG)
5. SIFAG was formed in September 1999 with the aim of bringing together all those with an interest in inshore fisheries to discuss issues of importance and to provide the Minister with well balanced advice. SIFAG includes representation from SERAD, the fishing industry, Fisheries Research Services, Scottish Natural Heritage and COSLA. It will have an important role in considering proposals under this review.
Current Issues
6. The prominence of Scotland's inshore fisheries has increased in recent times. The Department recently consulted on plans for a restrictive shellfish licensing scheme and on technical conservation measures for scallops. Measures were announced last year to better manage the under 10 metre fleet.
7. Further challenges lie ahead. Pressures on other parts of the fishing fleet may have implications for the inshore and the shellfish sector in particular. The perception of the inshore fleet as one which is lighter in regulation and one which benefits from good stock supply makes diversification for demersal fishermen an option. However, diversification could put additional pressure on an already competitive fishery. The detection of shellfish toxins also represents a challenge to the inshore fleet both in terms of the closure of areas to fishing and the added pressure on those areas which remain open during widespread closures.
8. There is now a greater and growing awareness amongst all stakeholders of the importance to the inshore fishery of environmental issues and of marine bio-diversity. The Scottish Fishermen's Federation's recent collaboration with the World Wildlife Fund and RSPB shows a developing understanding of those areas where a common purpose is shared. Scotland's inshore waters cover some of the most important areas for animal and plant life in the UK and this is reflected in the number of candidate Special Areas of Conservation and Special Protection Areas.
9. At a European level, the main issue of interest for the inshore is the status of the 6 and 12 mile derogation after the 2002 Review of the Common Fisheries Policy. Within 6 miles, only UK vessels have access to Scottish waters, whilst within 12, certain Member States have access because of historical fishing practices. The Review Green Paper issued recently advocated continuation of national access restrictions and it is expected that the derogation will continue after 2002.
Responses and Review Timescale
10. Your comments on the proposals outlined in the attached paper are invited by 8 August. You are also invited to make suggestions on any other local or national measures for improving the management of inshore fisheries, or indeed whether any of the present controls should be amended.
Responses should be submitted to:
Martin Ritchie
SERAD: Sea Fisheries Division
Inshore Fisheries Branch
Room 518
Pentland House
47 Robb's Loan
Edinburgh
EH14 1TY
Fax: 0131-244-6288
e-mail: Martin.Ritchie@scotland.gsi.gov.uk
11. An electronic version of this document is available on the Scottish Executive Website
Confidentiality
12. Further copies of the consultation paper are available on request from SERAD. Copies of the responses to this consultation will be placed in the Scottish Executive Library in St Andrew's House for public inspection. Anyone who does not wish their response to be made public should mark it "In Confidence".
Yours faithfully
Neil Fleming
Inshore Fisheries Branch
REVIEW OF CONTROLS ON INSHORE FISHING IN SCOTLAND
This paper lists a number of changes and additions to existing inshore fishing prohibitions suggested by fishermen's and other organisations. Comments are sought on these proposals.
Proposal 1 : Removal of Firth of Clyde Pelagic Derogation
Background
The vessel length limit in the Firth of Clyde is 70ft, apart from for vessels fishing for herring, mackerel and sprats. The Clyde Fishermen's Association propose removal of the derogation suggesting that large pelagic vessels have contributed towards a reduction in pelagic stock levels in the Firth of Clyde and recent low catch levels of herring in particular. They are also concerned by what they see as the uncontrolled nature of sprat fishing in the Firth. Pelagic interests say that there is no evidence to suggest the exclusion of the larger vessels will lead to rejuvenation of pelagic stocks in the area. They are concerned that withdrawal of the derogation will prevent certain vessels taking up their Clyde herring quota entitlement.
Proposal 2 : A 400HP Limit for Vessels Fishing in the Firth of Clyde
Background
A 400HP limit has been proposed by the Clyde Fishermen's Association. They believe that this will afford greater and necessary protection for nephrops stocks. On the other hand, larger boat interests are concerned that the measure would close off an area they have fished for many years. They suggest there is little justification for a HP limit and that the adoption of technical conservation measures applying to all boats would be more appropriate. There are also concerns that enforcement of a HP limit would be difficult without full confidence that vessel engine size records are reliable.
Proposal 3 : A Firth of Clyde Weekend Fishing Ban
Background
It has been proposed that the weekend ban on mobile gear fishing in the Firth of Clyde be extended to cover all types of commercial fishing. The weekend ban on mobile gear fishing was implemented to protect sea angling interests and latterly has also served to reduce conflict between static and mobile gear fishermen. The Clyde Fishermen's Association is concerned that creel fishermen have adopted fishing practices which undo the conservation benefits resulting from the mobile gear weekend ban and which threaten the relationship between the sectors.
Proposal 4 : Seasonal Closure to Creel Fishery West of Barra
Background
The Western Isles Fishermean's Association has expressed concern over the state of lobster stocks in the important West Coast grounds and has implemented a v-notch scheme to try and enhance recruitment. The true state of stocks in the area is unknown, but in the absence of reliable scientific information and in an effort to safeguard the success of the v-notching scheme, a seasonal closure to creel fishing is proposed between 1 November and 31 March in the area west of Barra out to 6 miles, north to Scarp Island including a 6 mile radius round the Monach Islands.
Proposal 5 : Dredging and Trawling Closure in Part of the Sound of Arisaig Candidate SAC
Background
A Management Strategy for the candidate Special Area of Conservation in the Sound of Arisaig has been drawn up. The strategy represents a voluntary agreement between statutory agencies and local community interests. It recommends that no suction/hydraulic dredging, benthic dredging and benthic trawling should take place in waters less than 20m depth and that a 5m buffer zone from 20 to 25m should also be observed. This is primarily designed to protect maerl beds. The proposal would introduce a dredging/bottom trawling prohibition in waters of the defined area less than 25m in depth. It is understood that only minimal dredging/trawling activity currently takes place in the affected waters.
Proposal 6 : Net Length Restrictions in Southern Inner Sound South to Loch Hourn
Background
The Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Amendment Order 2001 came into force on 30 May and introduces inter alia a ban on fishing with demersal trawlers above 12m registered length and multiple gear vessels in the area from the Southern Inner Sound south to Loch Hourn. The Mallaig and North West Fishermen's Association are concerned that the conservation benefits coming from the closure to twin riggers will be undone by boats fishing the area with single scraper nets of a size disproportionate to the size of the vessel. In addition to the banning of multiple gear in the area, they propose a maximum ground rope length for single nets of 150 feet.
Proposal 7 : Creel Limit East of Hebrides
Background
There are concerns about over-exploitation and the sustainability of creel fishing for nephrops to the east of the Hebrides. There are also reports of increasing gear conflict due to the excessive number of creels being laid. The Western Isles Fishermen's Association has proposed a limit of 1000 creels per vessel fishing for nephrops in the area on the eastern seaboard of the Western Isles north from 57º North to 58.30º North. The eastern boundary would be the 06º03'W line encompassing waters off the western parts of Skye and Raasay.
SERAD
June 2001