ISSUES POSITION PAPER

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George Hamilton
Fisheries Development Manager
Highland Council
Inverness, Scotland

 

FISHERIES ISSUES PAPER
HIGHLAND COUNCIL CONTRIBUTION
INSHORE FISHERIES

 

1.0 SUMMARY

The following paper briefly describes the conditions under which fisheries operate around the Highlands. It briefly considers European Fisheries (how the EU dimension effects "territorial waters") but concentrates mainly on Highland inshore fisheries (measured 6 miles from baselines) and their sustainable management. Brief consideration of the main issues currently reckoned to prohibit sustainable management is included, along with Highland Council's proposals designed to overcome their effects.

 

2.0 INTRODUCTION TO HIGHLAND/UK FISHERIES

 

2.1 Around the Highlands (and the UK generally) fisheries can be considered as falling into three bands, from a European Union (EU) Member State access point of view;

  1. Fisheries within 6 miles of the UK coast (measured from baselines). The Inshore Fishing (Scotland) Act 1984 defines fisheries within this area as "Inshore Fisheries". Within this band, licensed Highland/UK fishermen have exclusive fishing rights for all commercial stocks contained there.
  2. Fisheries between 6 and 12 miles of the UK coast. Within this narrow band certain EU Member States have historic rights of access to fisheries for certain species. For example, within this band, licensed fishermen from West Germany, France, Belgium, The Netherlands, and Eire have rights of access to fisheries for herring, mackerel, nephrops, all species or only demersal species, depending on the area concerned. Although exclusive rights do not exist for Highland/UK fishermen in this band, many fish there.
  3. Fisheries between 12 and 200 miles of the UK coast. Within this area of sea, fisheries are prosecuted by licensed vessels of the EU fleet (including Highland/Scottish/UK) depending on quota allocation and therefore historic activity where appropriate. Not all species are managed by quota. These species can be fished freely by licensed EU skippers.

Although over simplistic in description, many will already see the complex nature of EU fisheries and the potential for management difficulties when compared to Canadian fisheries.

 

2.2 Within EU waters all commercial fishing vessels must be registered as such and be licensed to fish, wither fishing for species managed by quota or not. Licenses are issued by the Member State. In the case of the Highlands, licenses are issued by the Scottish Office (SO). The licensing system is considered overly complex in itself and is currently subject to review by SO in an attempt to simplify it. Six license types exist in the over 10m sector. These are complicated further by being split among the pelagic and demersal sectors. Proposals to license scallop fishermen are currently on the table. The under 10m sector is licensed seperately and third country licenses are issued to vessels fishing in third country and international waters.

 

2.3 Without in any way detracting from the enormous importance of the offshore fishery (outside 6 and 12 miles), this paper will, from here on, mainly consider the inshore fishery within the Highlands as it is this fishery that is of most relevance to the discussions that will take place during the ECO-Knowledge Seminar. In addition, although all EU fisheries are governed by the Common Fisheries Policy, it is within the inshore fishery that local government has the greatest potential to influence management measures in pursuit of sustainability.

 

2.4 Within the Highlands approximately 73% of fishing vessels based there are under 10m overall length. The main fishery is for shellfish species comprising, lobster, crab (brown and velvet), scallops (kings mainly), nephrops, whelks, razor clams and occasionally crawfish. Of these species, the most important are, nephrops, lobsters, crab and scallops. Nowadays only small amounts of whitefish are taken within 12 miles of the coast and the fishery is considered by many to be non-viable. It is true that significant catches of pelagic species can be made at certain times of the year but the great bulk of catches are taken offshore and in third country waters. It will be obvious to readers that small vessels are mostly incapable of operating in the same manner as larger vessels of the nomadic fleet and so depend entirely on their adjacent waters. It is for this reason that sustainable inshore fisheries are vitally important if the continued viability of peripheral coastal communities dependant on them is to be secured.

 

2.5 This last point is especially important when it is considered that very little value adding takes place within the Highlands when compared to Aberdeenshire for instance. Fishery production from the Highlands leaves the area fresh, unprocessed. Primary processing is mainly carried on outside the Highlands although most production goes fresh to markets in France, Spain, Portugal Italy, and throughout continental Europe. There are very few alternative employment opportunities in fishing dependant communities throughout the Highlands.

 

2.6 Although the Highlands and Islands (H&I) area is larger than the Highland area, by virtue of the fact that it includes the large island settlements of Orkney, Shetland and the Western Isles, it is reasonable to consider some statistics covering the Highlands and Islands. Inshore fisheries are alike throughout the H&I and because of recording techniques, it is often difficult to extract data for the Highlands accurately without some mix from the larger area.Inshore fisheries of the H&I are entirely typical of Highland fisheries. The following statistics therefore give a flavour for inshore Highland fisheries.

 

2.7 Employment in fish catching in the H&I runs at 3463 in total. Of this around 2540 are employed full time, 870 part-time and 53 constitute what are known as "crofter fishermen". Total Scottish employment in fishing is approximately 8200 which is 0.4 % of the available workforce. Of the 1647 vessels based in the H&I, 88% are below 15m overall length and 73% are below 10m overall length. Many of these vessels are restricted to operation in inshore waters. Of the 162,000 tonnes landed into H&I ports in 1997, 32,000 tonnes were shellfish landings valued at £53M. The bulk of pelagic landings arrived at Shetland and Ullapool, (52,000 tonnes of a total 58,000). These landings were made by Shetland and North East fishermen based outside the highlands. Pelagic landings valued £11M. Of the 72,000 tonnes of demersal landings the bulk arrived at Wick, Shetland, Kinlochbervie, Lochinver, Ullapool and Mallaig (70,000 tonnes). Once again, these landings were largely by fishermen resident outside the Highlands. Demersal landings in 1997 valued £63M. The main point to be drawn from these statistics is that the resident highland fleet is almost entirely dependant on shellfish which are taken from inshore areas. Of shellfish, the vital species is nephrops, landings of which which valued £23M in 1997. Scallop landings valued £11M. Other important species were, edible crab, velvet crab, lobsters, whelks and winkles mainly making up the balance in value terms.

 

2.8 Policing of Scottish fisheries is undertaken on behalf of the Government, and ultimately the EU, by The Scottish Fisheries Protection Agency (SFPA). This agency is responsible for ensuring that UK and EU enforcement policy is carried out satisfactorily. The EU also employ enforcement officers who police the application of EU fishery conservation measures on behalf of the Commission. Within the inshore fishery area anecdotal evidence suggests that very little policing by SFPA takes place. This obviously leads to infringement of conservation measures and breeds a degree of conflict within the sector as well as a feeling that inshore fisheries do not matter in the grand scale of things.

 

3.0 MAIN ISSUES EFFECTING SUSTAINABILITY OF INSHORE FISHERY

 

3.1 There are a number of issues that prohibit effective management of the inshore fishery. Those not dealt with below include, an increasingly ageing fleet and resultant inefficiency, low prices (due to exchange rates) in some fisheries and a resultant lack of funds within the sector for reinvestment. The high cost of licenses means there is very little opportunity for new blood to enter the industry (all sectors) and very few alternative species exist that are currently commercially viable. Most of these issues are difficult to deal with as a local authority because the answers are considered to lie mainly in the CFP and the application of measures by the Member State. While local authorities can lobby government on behalf of their fishermen it is difficult to become directly involved with any great success. Lack of viable alternative species depends on physical/biological environmental conditions and on market conditions. The latter is highly responsive to tradition and it would be very difficult to develop markets for some of the more obscure species for which small markets do not already exist. Within the inshore fisheries of the Highlands (mainly for shellfish) the broad problem issues which the Highland Council has been actively involved in addressing (in partnership with the industry) can be considered under three main headings;

  1. Sustainability
  2. Conservation
  3. Enhancement

 

3.2 Sustainability

A fishery can only be sustainable if it is managed in such a way so as to ensure that annual recruitment can maintain stocks at a level which allows the fishery to continue year on year economically, and supporting dependant communities. The thrust of the Highland Council's work in inshore fisheries is based on it's belief that before management systems can truly begin to address the sustainability issue they have to be developed in partnership with those prosecuting the fishery. Survey work undertaken by the Council has clearly shown that one of the main requirements of inshore fishermen in the area is to have more input and responsibility for management measures put in place. Highland fisheries must increasingly be managed by those with the greatest stake in them (fishing communities), for their benefit. In the Highlands, inshore fishermen have little stake in the fishery, other than the vessel they own and their fishing license. The fishery is basically a "free for all" provided that those entering the fishery are licensed. No restrictive licensing system operates within the shellfish fishery other than for nephrops which is managed as a European stock (being subject to quota and minimum landing size restrictions). As mentioned earlier, proposals for a restrictive scallop license within the over 10m sector are currently on the table. The basic result for sustainable management is that each fisherman catches as much as he can as quickly as he can. Highland fishermen are effectively in direct competition with their neighbours rather than managing the fishery with them. Of course an element of competition will always exist and is probably beneficial, but fierce competition can lead to irresponsible fishing and over fishing with the obvious price, wastefulness and quality problems that can result. The Highland Council considers that in addressing sustainability in it's fisheries, much more of a stake must be given to those prosecuting it and they must be made much more responsible for management measures applied in the fishery.

In pursuing this line, the Council has been promoting a system of Regulating Orders (ROs) within the Highlands. Legislation governing the application of ROs is already in place but has not been utilised in Scottish fisheries as yet. ROs are granted under the Sea Fisheries (Shellfish) Act 1967 and have operated in England and Wales for around twenty years. These Orders basically transfer the right to regulate shellfisheries to groups legally established for the purpose. Proposals thus far consider that 60% of any such group should come from fishing communities and fishing interests. The remainder being made up of scientists, conservationists, local politicians and other community leaders. The body granted regulatory powers is responsible for raising funds (via a levy system) required to ensure adequate regulation of the fishery, including enforcement, and may issue permits to fishermen within the regulated area giving them the right to fish within the fishery. Those fishermen fishing within the regulated fishery (whose representatives make up the majority of the regulating body) have the benefit of protection afforded by the regulating body via restricted access, application of agreed conservation measures, self policing and enhancement programmes. Orders are granted by the Secretary of State for Scotland for the purpose of creating or enhancing a fishery. All monies raised through the operation of an Order must be reinvested in the fishery. The Highland Council and other public sector bodies, the Scottish Office and the EU (via structural funds) would be willing to fund the establishment of such orders.

 

3.3 Conservation

Conservation measures operating within the shellfish fisheries around the Highlands are almost non existent when compared to those in place around in, for example the New Brunswick (NB) lobster fishery. Lobster conservation measures in place around the Highlands are those imposed by Scottish Office (on behalf of the EU) and consist only of a minimum landing size (set at 95mm carapace length) over and above the need to be licensed, which is a general requirement of all commercial fishermen. Similar measures operate in other shellfish fisheries for crab, scallops etc while for other species, no technical conservation measures exist at all. Returning to the NB lobster fishery as a comparison, in Scotland there are no restrictions on landing berried lobsters, no mandatory escape panels, no trap limits, no trap numbering system, no logbook requirements, no closed season and the list goes on. This despite the fact that in areas of our fishery, there are a number of fishermen's groups working alone and unprotected by statute, applying their own lobster conservation measures, for instance,"V" notching, returning lobsters over a maximum size, returning berried hens and lobsters "caught out of season". These type of measures need to be applied evenly and with the protection of statute.

Under The Inshore Fishing (Scotland) Act, the, Prohibition of Fishing and Fishing Methods Order, 1984 applies measures designed to conserve stocks and limit gear conflict within the fishery. Measures usually take the form of seasonal closures in small areas (often imposed to protect whitefish nursery areas) and gear restrictions in small areas and at certain times of the year (to protect juvenile whitefish and limit gear conflict). Vessel length restrictions are also in place in one or two small areas and only occasionally are shellfish species specifically protected, again in small areas for short periods. The measures in place are generally considered outdated and in place for the wrong reasons. Much conflict with the fishing industry is generated as no monitoring of the "benefits" of closed areas is undertaken and it is generally thought that most commercial whitefish species are driven to near extinction within inshore waters and that spawning now takes place in areas further off shore. In short the measures currently in place under the "Prohibitions Order" are mostly adhered to but disrespected. They are opposed at every opportunity as useless measure merely imposed, and not based on fishery needs.

Once again Regulating Orders are considered to offer a solution to some of the problems which exist in shellfish management. The regulating body (consisting mainly of fishing community representatives) is empowered to prepare and apply conservation measures suited to the fishery generally and the stock specifically. Measures would be worked up based on an intimate knowledge of the fishery, in partnership with government fishery scientists, much in the way lobster management measures are prepared and applied in the NB lobster fishery.

 

3.4 Enhancement

No fishery enhancement work is undertaken in Scottish waters at present other than on an experimental basis. However, similar work is at a much more advanced stage and enhancement of some species already takes place (lobster, mussels scallops) in England, where Regulating Orders already operate. Technology is developing and it is now possible to culture juveniles of the more important species like lobsters, crawfish, and scallops. Due to the sedentary nature of shellfish, Regulating Orders as shellfish management tools provide the opportunity not only to more effectively manage inshore fisheries, but also to enhance them, for some species. Restricted access to regulated fisheries affords the protection needed by groups undertaking enhancement projects. Because of it's fund raising powers, the regulating body can budget for enhancement work in agreement with it's members

The Highland Council considers that conservation and enhancement, in partnership with fishery dependant communities, together constitute the means to achieving sustainability in it's inshore fisheries.

 

4.0 CONCLUSION

 

4.1 Inshore fisheries in the Highlands occupy the band measured 6 miles from baselines. The fleet based there is characterised by small (under 10m) vessels that depend entirely on waters immediately adjacent to the coast. Fishing mainly for shellfish, they have little ability to operate nomadically (as larger vessels of the fleet do) and very few alternative employment opportunities exist within their home communities.

 

4.2 Shellfish landing are the mainstay of the highland fleet the most important species being nephrops, scallops and the edible crab. Other important species include velvet crab lobster whelks and winkles. Shellfish landings valued at £53M were made in the Highlands and Islands during 1997. Most demersal and pelagic landings are by fishermen resident outside the Highlands.

 

4.2 Sustainable management of inshore fisheries is considered vital for the continued, long-term viability of dependant coastal communities. Although all fisheries within the European Union are subject to the requirements of the Common Fisheries Policy, local authorities (The Highland Council) have the greatest opportunity to influence the operation of inshore fisheries. Existing management measures applied to inshore fisheries are considered imposed and useless. Members of the industry broadly consider that they no longer reflect the needs of the fishery. There is general agreement among fishing community members that conservation measures need to be significantly enhanced if fisheries are to survive. The general free for all nature of inshore shellfisheries needs to be addressed as a matter of urgency. Fishing communities want more involvement in the development of and greater responsibility for applied management measures.

 

4.3 While a number of issues play an important role in determining viable long-term management systems for inshore fisheries in the Highlands, the broad issues that influence the development of management proposals are, sustainability, conservation and enhancement. The Council has carried out industry surveys and as a result has been promoting the application of Regulating Orders in inshore fisheries as a means of addressing these issues, in close partnership with the fishing industry. Regulating Orders provide the means to adopting a partnership approach to inshore management, to the application of conservation measure and to enhancement projects, all based on the intimate knowledge of the fishery held by fishing communities. Equally, they provide the opportunity to increase the stake held in the fishery by those dependant on it. This they do by restricting entry to the fishery to those that manage /enhance it, with important additional outcomes in improved efficiency and quality of production from the fishery.