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The Scottish Government does not have the powers to prosecute Marine and Fisheries offences, these powers lie with the Crown Office Procurator Fiscal Service (COPFS) who prosecute on our behalf. This is a technical point.

The 1984 Act is one of many acts and orders which the Scottish Government uses to control marine and fisheries activities.

The 1984 Act mainly controls restrictions on fishing methods in vulnerable areas, much of which is now covered by orders made under the Marine Scotland Act 2010.

The legislation used depends on the offences committed and the penalties available.

Additionally, the Scottish Government has powers to issue Fixed Penalty Notices (FPN) in lieu of reporting cases to the COPFS. Most cases where a penalty was deemed appropriate were dealt with in this way. Details of FPNs are published, link Reporting statistics from marine and fisheries compliance - gov.scot

Table detailing cases prosecuted under the 1984 Act.

In relation to Producer Organisations (POs), Scottish Government officials had sought to co-operate with the UK Government in a review of POs. The previous UK government administration had committed to a review of POs (and the retained EU regulations that enabled them) however this did not come about. Given, the pan UK nature of POs (which are governed by guidance developed by the four UK administrations), there are benefits to a joint review. Scottish Government officials will explore the potential for a joint-review with the new UK Government administration in the first instance.

In relation to Quota Management Groups, the Scottish Government is conducting a review of these organisations (which are a Scottish Government initiative and only have remit in Scotland). This review will be published in the coming months.

I understand the concerns around increasing competition for marine space and the different pressures on various marine activities.

I welcomed publication of the National Federation of Fishermen’s Organisations’ and the Scottish Fishermen’s Federation’s joint report, ‘Spatial Squeeze in Fisheries’ in June 2022. I am very aware of the potential cumulative impacts on the fishing industry and my officials and I continue to engage stakeholders to explore this issue within the policy development process.

Effectively managing how we use our marine space is critical in our transition to net zero, the achievement of our national and international biodiversity commitments and to maximise the opportunities a blue economy approach can deliver for our marine industries and communities.

That is why we have committed to developing a new National Marine Plan for Scotland (NMP2). Marine planning is a powerful tool for managing multiple uses of our seas by bringing together different interests and seeks to balance the needs of people and our environment through decision-making. Encouraging economic growth across both developing and existing marine sectors is a key priority.

A new planning framework as part of NMP2 must help facilitate this, and further action aimed at tackling the climate and nature emergency. Delivering a new National Marine Plan relies on speaking and working with those who know our seas best. We have taken forward a number of engagement events that have discussed the full range of marine planning issues, of which pressures on the marine space has been a high level topic. Please find details of these below:

Fisheries stakeholders present:

• 22-06-2023 – NMP Forum, in-person event at EICC, Edinburgh
• 20-06-2024 – NMP2 HLO Fisheries workshop, virtual
• 22-8-2024 – NMP2 Fisheries in-person workshop at FSS offices in Aberdeen
• 13-11-2024 - NMP Forum, in-person event in Stirling
• 21-01-2025 – NMP2 Community Engagement drop-in session, virtual meeting

Environmental stakeholders present:

• 22-06-2023 – NMP Forum, in-person event at EICC, Edinburg
• 11-01-2024 – NMP2 consultation authorities workshop, VQ
• 02-02-2024 – Meeting with consultation authorities, VQ
• 23-4-2024 – NMP2 HLO workshop with Consultation authorities, VQ
• 25-8-2024 – NMP2 HLO and draft policy ideas workshop with eNGOs, virtual
• 30-5-2024 – NMP2 HLO Workshop with young Environmentalists, virtual
• 13-8-2024 – NMP2 HLO follow-up discussion with Young Environmentalists, virtual
• 15-8-2024 - NMP2 Environment follow-up discussion on HLO and draft policy ideas, virtual meeting
• 13-11-2024 - NMP Forum, in-person event in Stirling
• 21-01-2025 – NMP2 Community Engagement drop-in session, virtual meeting

We are aware that the fishing sector is not always understood as welcoming to women which can discourage women from entry. There are also reports of sexist attitudes, behaviour and language and this is unacceptable.

We would benefit from further research into views of men (of different ages) working in seafood jobs towards women and how these are changing, and we would be happy to explore options for collaborative working and for actions to be developed in partnership with the fishing industry and the wider research communities.

The Scottish Government’s understanding of regional trade flows in seafood is informed by a range of sources. Primary data relating to the seafood industry including fisheries, aquaculture, processing, trade, and retail statistics is either collected by the Scottish Government (for example, Scotland’s Sea Fisheries Statistics), collected by relevant UK Government Departments (for example HM Revenue & Custom’s international trade statistics or the Office for National Statistic’s Living Costs and Food Survey), or collected by industry bodies (for example Seafish’s Processing Sector Survey). Relevant HMRC datasets that are of particular relevance include the Overseas Trade Statistics (OTS) and Regional Trade Statistics (RTS) publications.

The member should also note ongoing research as part of the Scottish Government’s Environment, Natural Resources and Agriculture (ENRA) 2022-27 research programme which includes a project focused on understanding Scottish food supply chains, including seafood. The project aims to develop a better understanding of seafood being produced in Scotland, what is imported and exported, and how that relates to what we eat and what we should be eating in terms of recommended amounts of seafood consumption.

These various sources all inform Scottish Government’s approach to the seafood industry and seafood trade.

We set up the Fisheries Management and Conservation (FMAC) Climate Change Subgroup in early 2023 to help guide us and to build our knowledge and understanding of both climate mitigation and adaptation. The group is formed of industry reps, eNGOs, academia, as well as organisations such as Seafish and Fisheries Innovation and Sustainability.

We will work with the subgroup to understand what options for reducing emissions from fishing can be taken in the short, medium and long-term and develop a plan of actions.

I refer the member to the answer to the question S6W-33850 on 31 January 2025. All answers to written Parliamentary Questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

From 2019 the landing obligation requires all species subject to a Total Allowable Catch (TAC) be landed irrespective of whether they are above the required marketable size. It is therefore not illegal to land fish below the minimum size if it is recorded and not sold for human consumption. It can be processed for fishmeal or used as bait in creel fisheries. The following link provides further information Landing obligation and discarding - Sea fisheries - gov.scot

The following table details reports where fish below the relevant minimum size was landed to be sold for human consumption.

The Scottish Government does not have the powers to prosecute Marine and Fisheries offences, these powers lie with the Crown Office Procurator Fiscal Service (COPFS) who prosecute on our behalf. This is a technical point.

The 1967 Act is a parent act under which orders were made, it is therefore more likely that any offence would be taken against a subordinate order rather than the act itself. Other acts have also superseded the 1967 Act, such as the Fisheries Act 2020, which is where licensing powers comes from. Any licence breaches are therefore pursued under the 2020 Act.

Additionally, the Scottish Government has powers to issue Fixed Penalty Notices (FPN) in lieu of reporting cases to the COPFS. Most cases where a penalty was deemed appropriate were dealt with in this way. Details of FPNs are published, link Reporting statistics from marine and fisheries compliance - gov.scot

Table detailing cases prosecuted under the 1967 Act or subordinate orders.

Marine and aerial taskings are determined by a rigorous risk assessment process, using live data and intelligence to prioritise the areas where assets are directed.

In 2024 our three patrol ships carried out 866 patrol days, and our two-surveillance aircraft undertook 165 flights, it is therefore not possible to describe the routes taken other than to state they include Rockall, Shetland, the West Coast and North Sea.

A copy of a document detailing heat maps showing patrol areas for each year has been provided to the Scottish Parliaments Information Centre (Bib number is 65620)