Section 6. Managing Inshore Fisheries in Scotland
54. Chapter 3 summarised the key elements of the strategic framework for inshore fisheries. This chapter describes in more detail how the new system will work in practice.
Setting local objectives
55. Inshore fisheries groups will develop long-term, medium-term and short-term objectives for inshore fisheries which are consistent with high level objectives, but which are tailored according to local circumstances. The development of these local objectives will be informed by the physical character and natural resources of the area, and the considerations of other stakeholders in the area. Guidance will be prepared to help inshore fisheries groups develop local objectives in a way that is consistent with level objectives.
Developing management plans
56. Templates will be drawn up for the layout, detail and factors to be considered in the preparation for management plans together with worked examples, but the key features will be:
- setting out the local objectives for the inshore fisheries in the area;
- outlining the actions which are required to implement local objectives; and
- identifying the tools required to implement objectives, along with the necessary requirements for monitoring and measuring success.
The plans should be concise and flexible, and will be subject to annual review.
Tools for implementation
57. Chapter 2 outlined work that has already been carried out to assess the effectiveness of measures under the Inshore Fishing (Scotland) Act 1984 for a variety of purposes. This will be developed further into guidance which sets out a range of tools for particular purposes. This guidance will also highlight the potential effects of the provisions, and administration, monitoring and enforcement implications. The guidance will also be relevant to the use of Regulating Orders.
In developing their management plans, groups will be able to consider:
- mechanisms under the Inshore Fishing (Scotland) Act 1984;
- Regulating or Several Orders;
- other legislation (e.g. the Sea Fish (Conservation) Act 1967); and
- a combination of the above.
58. SEERAD will be responsible for implementing national legislation where necessary to deliver objectives set out in management plans, but Regulating (or Several) Orders could also be granted to inshore fisheries groups to implement management plans and deliver objectives directly.
Measuring success
59. One of the limitations of the previous inshore fisheries management system was that there was no comprehensive process for review of individual prohibitions, nor was there a process to measure the extent to which the measure had been successful. In developing management plans to deliver specific objectives there should, therefore, be a clear process identified for inshore fisheries groups, as well as SIFAG, to monitor progress and assess the extent to which measures have been successful and objectives achieved.
60. In deciding on a particular management measure, consideration should be given to the following:
- the starting point against which success will be measured;
- the ultimate goal;
- the best monitoring tool;
- the timescale for review; and
- the potential effects on non-target fisheries & activities.
61. While there will be a process for providing robust scientific support to inshore fisheries groups, it would be unrealistic to have a dedicated scientific or analytic process for all management measures. At the very least, there should be a simple mechanism in place to establish whether a measure has been successful.
Conflict
62. There are likely to be circumstances where objectives conflict, for example, the pursuit of an economic objective may be detrimental to pursuit of an environmental priority. It is also likely that groups will encounter both internal disagreement and disagreement between groups.
63. When a management measure is proposed to deliver a local objective, there will be a procedure for basic assessment of the biological, economic, environmental and social implications. This will help groups to focus on the most important or controversial issues, and help them to understand the positive and negative effects of a particular management measure before its approval and introduction. Where potential risks are flagged up at an early stage, expert advisers on groups can consider whether more formal assessment mechanisms, such as an Environmental Impact Assessment or a cost benefit analysis are required.
64. There are a number of different circumstances where disagreement may arise within or between groups. Detailed operating procedures will be drawn up to deal with these, but the following principles should be applied. The basic assumption will be that groups must resolve conflict internally, and if consensus cannot be reached on a particular issue, then that issue should not feature in the management plan. On the basis that groups will be expected to demonstrate an ability to reconcile different points of view if they are to establish credibility this should be the default position.
65. Should there be circumstances where a group cannot reach agreement on the means of implementing a national or international obligation, the matter should be referred to SIFAG and ultimately to SEERAD for resolution. Additionally, in exceptional circumstances where agreement cannot be reached on an issue which expert advisers to the groups consider to be of fundamental importance to the management of the inshore fisheries in the area, the matter should be referred to SIFAG and ultimately to SEERAD for resolution. Disagreement between adjacent or other combinations of groups would be dealt with in a similar way. Since SEERAD retains overall responsibility for the regulation of sea fisheries, it may take whatever legislative or other action considered appropriate to address the issue around which the conflict has risen.
Processes
66. The process for drawing up and approving management plans is outlined in diagram 1 opposite.
67. The key stages are:
- inshore fisheries groups will prepare local objectives and supporting management plan for the coming year, with milestones for action during the year;
- the management plans will submitted for approval to SIFAG, and assessed on whether they are consistent with national objectives, and whether proposals within them have been fully and properly assessed for implications;
- SEERAD will prepare an annual statutory instrument, when required, with which to implement approved management measures; and
- measures contained in an approved management plan which require legislation will automatically proceed for inclusion in the secondary legislation cycle.
68. A number of general working assumptions will also apply:
- subject to the conditions in Chapter 4, if management plans are consistent with national objectives they will be approved;
- proposals for inclusion in a management plan may come from any member of an inshore fisheries group, and if the proposal is not accepted, groups will be required to demonstrate why they have rejected it; and
- additional measures that are not already covered in management plans should be the exception rather than the rule.
