CHAPTER TWO: SAFEGUARDING OUR RIGHTS
Fishing rights such as quotas are an asset of national importance, in which quota holders, the Scottish Government and the wider public all have a stake. They are the lifeblood of many of our fishing communities. The fishing industry is committed to responsible and sustainable fishing. We are dedicated to helping the industry move forward, and to provide more stability and certainty for quota holders, while safeguarding the interests of the people of Scotland in this important national asset.
Proposal
The Scottish Government, while aiming to improve quota and licensing arrangements in Scotland, wishes to maintain the ability of fisheries managers to balance social and economic objectives.
We propose to establish "stewardship rights". Fixed Quota Allocation ( FQA) units will provide access to a share of the annual allocated quota subject to management measures set by us, in consultation with the fishing sector in Scotland. We propose that these rights are not granted in perpetuity, but give more certainty on access to quota than is currently the case.
We aim to safeguard the public interest through our proposal to establish a rolling 5-year review period for stewardship rights, where we will reserve the right to reconsider our management arrangements annually in dialogue with stakeholders at the annual Scottish Quota Management Rules meeting. Where the quota system is working as intended and meeting the agreed management requirements, no change will be needed. If that is not the case, then subject to a maximum period of notice of five years (broadly reflecting the period governing vessel financial commitments) the quota holder or holders concerned may be given notice that the Scottish Government intends to recall the quota unless the issues concerned are addressed. We propose to formalise these arrangements in a set of Scottish Quota Management Rules to allow the Scottish Government and those holding stewardship rights to be clear on the expectations and responsibilities of each party.
Delivering Full Benefit to Fishing Communities
If fishing rights are not being utilised, with little social and economic benefits flowing to Scottish fishing communities and the wider Scottish economy, the Scottish Government may consider changing the allocation of FQAs and associated quota following consultation. Some examples of when the Scottish Government would consider invoking a period of notice, with a view to intervening in the quota system in this way are given below, i.e. in circumstances where:
- a quota holder did not demonstrate a genuine economic link and provide direct economic benefits to Scotland, in line with the rules applying to Scottish quota management;
- where a PO group consistently under-fished its quota of a key stock, relative to other Scottish PO group's uptake, and where action could be one of the following:
- a temporary redistribution of quota in-year to those that can fish it
- a temporary redistribution at the point where quotas are allocated in a fishing year, and
- ultimately, a permanent redistribution of fish quota
- where Scottish FQAs are acquired but not fished against or exchanged with other groups to fish against.
The above would be subject to certain safeguards, taking account of economic, social, environmental, and other factors bearing on the fishery.
External Shocks
While we would normally aim to give a relatively lengthy notice period as described above, we cannot, of course, predict the future. There may be circumstances whereby Government may need to react more quickly. It is important that we have management tools at our disposal to be able to respond to any external shocks to the quota system which could arise. For example, if the EU authorities decided to change the current basis for the allocation of quota to member states, we would want to retain the ability to review the Scottish allocation key at an early opportunity.
Defining Scottish Quota
For the purposes of operating a distinct Scottish quota management system, we propose that "Scottish quota" is defined at the outset as quota deriving from the FQA units associated with a Scottish licensed fishing vessel as defined in Chapter 5, and in the first instance, managed by a Scottish recognised Fish Producer Organisation ( PO) or managed directly by the Scottish Government Marine Directorate. We propose that FQA units meeting this definition are given a unique serial number. This would allow the Scottish Government to track the movement of Scottish Fixed Quota Allocations to ensure our management measures are being properly applied and our economic link criteria met.
We propose to create a register of Scottish quota holders. The current register of vessel licences records FQA unit holding associated with vessel licences, but not the identity of holders or details of holdings associated with dummy or holding licences. A register, showing details of quota holdings associate with individual licences, would improve transparency, particularly for those engaged in quota/ FQA transactions, and ease of access to information on quota holdings. We propose that this register would be publicly available on the Scottish Government website.
Q1. Do you agree with our proposals to identify and manage fishing rights in Scotland by granting "stewardship rights", to provide greater certainty for quota holders while safeguarding the position for future generations?