Chamber and committees

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 Other acts have also superseded the 1967 Act, such as the Fisheries Act 2020, which is where licensing powers comes from.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.

We acknowledge that there is an overall lack of data and evidence on women in fisheries for a number of reasons, and we agree that steps are needed to improve this. This is an important issue and many of these gaps will need to be filled in collaboration with the industry and the wider research communities.

The Commercial Fisher Social Survey Scotland pilot is testing methods to deliver a representative social survey with the goal of capturing diverse industry voices and addressing underrepresented groups like crew members and a range of onshore roles that women may be involved in.

The Strategy for Seafood was developed in discussion with key stakeholders across the seafood sector. This was primarily via meetings with producer organisations, regional fisheries groups, representatives of the processing industry and a number of further organisations with an interest. This engagement highlighted a number of ongoing issues which the sector was experiencing. This included access to sustainable funding support; approaches to marine spatial planning; support with technical trade issues; simplified access to support; labour shortages; coordinated marketing support; and coherent and collaborative marine management.

The Strategy was also informed via wider industry engagement relating to seafood trade that was ongoing during its development. This included a questionnaire issued to key industry stakeholders in 2021 which sought to understand barriers to seafood trade and any support required.

The Minister for Agriculture and Connectivity and I have not met directly with the Scottish Anglers National Association (SANA).

However, representatives of SANA were part of the stakeholder group that advised on the development of the Wild Salmon Strategy published in 2022. Since then, three Scottish angling governing bodies – SANA, the Scottish Federation for Coarse Angling and Scottish Federation of Sea Anglers - have been brought together under the umbrella of Angling Scotland. Angling Scotland now represents the interests of SANA in Marine Directorate stakeholders groups.

Officials engaged closely with colleagues in UK Government in the lead up to and throughout the negotiations, to discuss the scientific advice and negotiating approaches. Scotland continued to play an active role in the UK delegation throughout negotiations, striving to be a constructive partner, and seeking balanced agreements to protect Scottish interests.

In preparation for all negotiating forums, including those with the EU, Scottish Government officials prepare mandates for ministerial approval which outlines the approach and boundaries within which negotiators can work as part of the UK delegation. These mandates are treated highly confidentially and would not be appropriate for external publication to avoid undermining Scotland’s negotiating positions and protect Scottish fishing interests.

The Scottish Government is using its legislation and policies to maximise the impact procurement can have for public bodies, local suppliers and the Scottish economy.

Local authorities, supported by Scotland Excel, remain committed to using local and sustainable produce in school catering. All local authorities are under a statutory duty to consider the principles of sustainable development (fresh, local, sustainable) when providing food or drink or catering services in schools. This includes seafood procured to meet the oily fish standard set out in the school food and drink Regulations.

To promote local and sustainable produce public bodies have the flexibility to:

• Design menus that include Protected Geographical Indication (PGI) Food;
• Specify food produced according to recognised assurance schemes, e.g. Quality Meat Scotland, MSC, Red Tractor, RSPCA, or equivalent bespoke company systems.

While public bodies are responsible for their own procurement decisions, the Procurement Reform (Scotland) Act 2014, which came into force on 18 April 2016, proposes a range of opportunities to increase the quality and provenance of food and drink procured. The key opportunity is in relation to the form and content for public bodies’ procurement strategies in which they must set out their policy on the procurement of food.? Under the Procurement Reform (Scotland) Act 2014, a public body with an annual procurement spend of at least £5 million must report each year on how, its procurements improve the economic, social and environmental well-being of an area and facilitate access to procurement for SMEs, the third sector and supported businesses. Statutory Guidance published under the Act sets out this requirement in more detail.

The Scottish Government is also providing Marine Fund Scotland funding towards Seafood Scotland’s “Market Development Project”, which involves work to ensure Scottish seafood’s profile grows in UK markets. This includes specific activity with various stakeholders throughout the supply chain to look at ways of increasing consumption of Scottish seafood in public procurement settings.

The Marine Fund Scotland (MFS) is focused on supporting projects that deliver outcomes relating to Scotland's Blue Economy Vision. This aims to support projects & investments that are innovative, entrepreneurial, productive and internationally competitive; resilient to climate change, contributing to climate change mitigation and adaption; to achieve marine sectors which are decarbonised, resource efficient and supporting Scotland's Net Zero commitments.

An example of the innovative circular economy approaches that this funding supports include projects such as Tiny Fish LTD, who won the Global Seafood Alliance 2024 Responsible Seafood Innovation Award. This project is finding unique markets for juvenile salmon that are removed from hatcheries prior to transfer of the best fish to sea pens. It received grant funding support via the MFS of over £118,000.

The Scottish Government has prioritised improving the collection and recycling of end-of-life fishing and aquaculture gear in our Marine Litter Strategy published in 2022 in order to protect our environment from plastic pollution and support the growth of our circular economy. There are currently very few relevant recycling facilities in Scotland or the rest of the UK due to the low-value, bulky, contaminated and degraded nature of the waste. We are therefore working across the four nations to increase more sustainable waste management opportunities, coordinating our research and policy analysis and we will work with industry towards effective solutions in the long term.

The Scottish Government has no access to information on quotas held by individual vessels, it is therefore not possible for the Scottish Government to provide any information on instances of EU or non-EU vessels landing fish in Scottish waters without sufficient quota coverage.

Individual state’s quota uptake is monitored, where fleets have fished beyond their quota limit, the excess is covered retrospectively through quota exchanges.

It was not possible within the timeframe to produce data for 2021 to 2023. This is because of the way the data was previously processed and would require manual analysis of all reports to distil the correct data. As part of our business improvement strategy in 2024 we developed a new analytical process to improve efficiency by removing manual checks.

In 2024 there were 798 breaches of the catch composition rules. They were all UK vessels, 96% of which were Scottish registered.

This offence is particularly difficult to detect and gather sufficient evidence to prosecute. The Landing Obligation requires all fish which is subject to a Total Allowable Catch (TAC) are landed, this makes it difficult to comply with requirements to catch minimum quantities of target species, especially in mixed fisheries.

Under the Future Catching Policy (FCP), we will take firm measures to increase selectivity by introducing additional technical measures to reduce unwanted catch, working with stakeholders to explore and deliver solutions.