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Section 5. Management Framework for Inshore Fisheries in Scotland
Rationale for local management
33. An increasing desire for fisheries management at a more regional level has been evident in recent years in discussions with the inshore fishing industry. Some industry and stakeholder groups have applied for Regulating Orders as a means of achieving the aim of local management. The Scottish Executive made a commitment in its Partnership Agreement to explore the scope for delegating inshore fisheries responsibilities to stakeholders. The strategic review process developed the concept of a network of inshore fisheries groups around the Scottish coastline. This model will embed the principle of management at a regional level into the inshore fisheries policy and decision-making processes. Bringing together key stakeholders in this way will provide a structure which is well placed to absorb or adapt to changes in approaches to managing of the marine environment.
Geography
34. In establishing inshore fisheries groups, account will be taken of other management and planning areas (e.g. for aquaculture, river basin management). This will minimise confusion between different management arrangements for different purposes. The starting point for developing the boundaries for inshore fisheries groups is natural geographical demarcations, based primarily on habitat distribution, but there is scope to dovetail with other marine environment management arrangements. Certain species, such as scallops and nephrops, will require particular arrangements to ensure coherence across group boundaries.
35. Inshore fisheries groups will be expected to focus their objectives and considerations on fisheries within the 6 mile limit. The geographical coverage of existing inshore fisheries legislation presently extends only to 6 miles, and issues within this area are those which are most likely to be tackled effectively in the new strategic framework. It will be appropriate, however, for groups to consider issues and make recommendations beyond 6 miles, particularly where these could have an impact on activities within 6 miles.
36. While there are of course legislative tools available to manage sea fisheries beyond 6 miles, there is a different set of management issues. In particular, there are potentially implications for other Member States with historic fishing rights, which moves discussion from a Scottish forum to an international one. While it may be possible to extend the scope of Scottish inshore fisheries legislation to 12 miles, this would be a lengthy and difficult process. Before consideration of such a course of action, inshore fisheries groups should first be able to demonstrate that they can effectively consider issues within 6 miles.
Remit of inshore fisheries groups
37. The primary focus of inshore fisheries groups will be the management of commercial inshore fisheries. While this document focuses on strategy for fisheries management, it does not prejudice the interests of other legitimate users of inshore resources. Inshore fisheries groups will be responsible for:
- developing local objectives for inshore fisheries management within the geographical area that the group covers; and
- developing management plans to deliver those objectives.
This will allow inshore fisheries groups to both plan for and react to changing circumstances and will provide the opportunity to pilot and test new management measures in a meaningful and critical context.
38. This function goes beyond the more ad hoc provision of stakeholder advice which has been used to date in inshore fisheries management, and utilises that knowledge and perspective in the management process in a coordinated and coherent way. It stops short, however, of placing statutory duties on inshore fisheries groups, with the associated formalities and procedures. The remit of the groups will be reviewed at an appropriate point once they have been established and are up and running.
39. The Scottish Executive has a number of obligations at Scottish, UK and EU level relating to fisheries management and to the marine environment more generally. In developing their management plans, inshore fisheries groups will have to ensure that these responsibilities are taken into account. This does not absolve the Scottish Executive of these responsibilities, but it does give stakeholders an opportunity to propose practical working options for meeting these obligations. Guidance on the range of obligations and the implications for individual areas will be developed.
Structure of inshore fisheries groups
40. Since the primary interest of inshore fisheries groups is the management of inshore fisheries, fishermen must be at the core of the groups. Commercial fishing activity can, however, impact on and be impacted upon by other factors. It is essential, therefore, that other stakeholders have an opportunity to be involved in the process. The nature of these stakeholders will vary according to the characteristics of individual areas, but they may include processors, environmental interests, community members, and other marine users. This presents an opportunity for the inshore fisheries sector to engage proactively with other sectors at the early stages of development of relevant initiatives or projects (e.g. applications for fish farms).
41. Further consideration needs to be given to the mechanism for establishing groups. There will, however, be a number of key features. These are:
- groups will have an executive core, with advisers and general members to provide expert and relevant advice;
- the executive core is likely to include commercial fishermen's organisations whose members have been active in the area;
- experts may be drawn from a variety of sources, but social, environmental, biological and economic expertise are likely to be required; and
- additional members may be drawn from other sectors, and may include individual fishermen who are not in associations.
42. As part of this process, operating procedures and mechanisms for providing administrative support will be developed. However, a number of safeguards are being built into the process for the development of management plans to ensure that plans are consistent with national objectives, that expert advice is available, and that there is an assumption that any proposals put to the inshore fisheries groups will be accepted (unless they are demonstrably inconsistent with approved management plans).
43. While the size of groups will have a bearing on how efficient and effective they are in operation, there will be an element of flexibility in the size and make-up. For example, one group may have a wide range of stakeholders in the area; another may have only a few. Some groups may start out with a particular range of stakeholders, but over time this may change according to local circumstances.
Role of the Scottish Inshore Fisheries Advisory Group
44. The Scottish Inshore Fisheries Advisory Group (SIFAG) was established in 1999 by the Scottish Fishermen's Federation and SEERAD. The purpose was to advise Ministers, through SEERAD, on the development of proposals and their implementation as part of the overall process of determining and applying policy and legislation relating to sea fishing in inshore waters. There will be a continuing role for this group in providing advice to SEERAD, but the context will change with the establishment of inshore fisheries groups. The membership of SIFAG will therefore require review to ensure that it is in a position to liaise effectively between inshore fisheries groups and SEERAD.
45. In particular, the role of SIFAG is likely to involve:
- setting and reviewing high level objectives for inshore fisheries, with SEERAD;
- assessing area management plans against high level objectives, with SEERAD;
- supporting the handling of issues which affect more than one inshore fisheries group;
- promoting consistency between area management plans;
- promoting awareness of national and international commitments and obligations; and
- facilitating interaction between inshore fisheries groups and other management mechanisms (e.g. Regional Advisory Councils).
Role of SEERAD
46. The Scottish Executive will continue to have overall responsibility for the management of inshore fisheries, and will continue to legislate for inshore fisheries. SEERAD will focus on providing the strategic support that groups will require to develop plans for inshore fisheries, e.g. in developing guidance, and in implementing management plans.
47. In particular, SEERAD will:
- set and review high level objectives for inshore fisheries, with SIFAG;
- assess area management plans against high level objectives, with SIFAG;
- assist and facilitate the handling of issues which affect more than one inshore fisheries group;
- promote consistency between area management plans;
- ensure that national and international commitments and obligations are met;
- facilitate interaction between inshore fisheries groups and other management mechanisms (e.g. Regional Advisory Councils); and
- develop guidance to support inshore fisheries advisory groups, with SIFAG.
48. While SEERAD must, as the legislative authority, retain the right to reject management plans, or the proposals within them, it will act on the working assumption that where management plans are consistent with high level objectives, follow the guidance provided and pass a system of tests for social, environmental, biological and economic impact, then they will be implemented.
Role of FRS, SFPA and SNH
49. Fisheries Research Services already carry out a programme of assessment and research in relation to inshore fisheries. There are also a number of other scientific establishments in Scotland with considerable expertise in inshore fisheries, and there is scope to enhance the collaboration between the bodies, and for those institutions to work directly with inshore fisheries groups. FRS inshore resources will be focused on the assessment of national inshore stocks, in particular those which are of interest and importance to a number of groups. While it would be unrealistic to expect FRS to be able to support all research or project work that groups undertook, they may also be able to provide a modest, rolling programme of project work for individual groups. FRS would also be in a position to provide advice and guidance on the assessment requirements for each area. There is scope for other scientific establishments to become involved with inshore fisheries groups, and formal discussions will be undertaken with them to establish options for their involvement.
50. The Scottish Fisheries Protection Agency will continue to enforce measures under EU and national legislation, and will also enforce Regulating Order measures (following the necessary amending primary legislation). The stewardship of local fisheries, underpinned by customised management plans and supporting legislation, should hopefully promote an adherence to the rules or regulations that feature in any management plan.
51. Scottish Natural Heritage will provide advice on natural heritage and fishery interactions, and assist with the development of national guidance and objectives, and the development of area management plans and area objectives. They will also have a role to play in the development and monitoring of performance indicators regarding environment and natural heritage objectives, and in the environmental assessment of management proposals.
Other bodies
52. There is presently one Regulating Order grantee in Scotland, and a further two applications at an advanced stage. Regulating Order bodies will be expected to dovetail with inshore fisheries groups, and future applications for Regulating Orders should come directly from inshore fisheries groups, or in cooperation with them. The principles in this strategic framework will apply to Regulating Order management plans and operation. The specific circumstances of Regulating Order bodies in relation to inshore fisheries groups will be discussed with them individually.
53. There are a number of coastal partnerships around Scotland, which already bring fisheries and other stakeholders together to consider marine activities in the area. These partnerships may wish to assist in the establishment of inshore fisheries groups, in terms of sharing administrative support, helping to facilitate discussions, and identifying relevant stakeholders in
the area.
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