Chamber and committees

I refer the member to the answer to question S3W-22586 on 8 May 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

The newly formed Clyde Inshore Fishery Group has responsibility for the area covered by the no-take zone. Membership of an inshore fishery group (IFG) is open to commercial fishermen who operate in the IFG area. COAST has the ability to be involved in the IFG through participation in the advisory group to the IFG.

Subject to certain restrictions and exceptions, the public has a right to fish in Scotland. The right to fish is provided for in the Fisheries Act 1705, which empowered Scottish subjects to take buy and cure herring and white fish in all sundry and seas, channels, bays, firths, lochs, rivers etc. of this her Majesties ancient Kingdom and Islands thereto belonging wheresoever herring or white fish are or may be taken....

In general, the right extends only to fishing in the sea, foreshore, tidal lochs and the tidal (public) parts of rivers. The right extends to fishing for white fish, not salmon (which are vested in the Crown), and shellfish (but not mussels and native oysters, in respect of which the Crown retains the right to gather). The right may only be exercised where the public has lawful access to the fishings.

The right exists where not excluded or restricted by statute. For example, the Inshore Fishing (Scotland) Act 1984 enables the Scottish ministers to regulate inshore fishing, and in particular to prohibit sea fishing in areas specified in an order made under that act. The Scottish ministers recently made such an order (the Inshore Fishing (Prohibition on Fishing) (Lamlash Bay) (Scotland) Order 2008) prohibiting all fishing for sea fish in the area specified in the order thereby restricting the public right to fish.

The right to fish is a creature of statute, to be enjoyed by those who wish to engage in fishing. The right does not confer ownership of the waters over which it may be exercised to those who exercise the right - it is vested in those to whom the right applies to the extent permitted by law. This is analogous to the rights of responsible access, the so-called right to roam, created under the Land Reform (Scotland) Act 2003. That right enables those who wish to do so to access land in a responsible fashion. The right does not confer ownership of the land over which it is exercised to those who exercise it.

The first three inshore fisheries groups have only recently been formed and are intended to operate as a pilot. No guidance has been issued about how they might best contribute to sustainable economic growth through the conservation and exploitation of fish stocks.

The Scottish Inshore Fisheries Advisory Group (SIFAG) was involved in the conception and establishment of Scotland''s inshore fisheries groups. SIFAG was established in 1999. The group comprises a range of industry representatives, statutory bodies (SFPA, SNH, FRS), Seafish and Environment Link.

I refer the member to the answer to question S3W-22586 on 8 May 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

I refer the member to the answer to question S3W-25664 on 29 July 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

I refer the member to the answer to question S3W-25673 on 29 July 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Within the current framework of international fisheries governance, the Scottish Government aims to promote the sustainable management, conservation and exploitation of fish stocks in Scottish and international waters. Scottish ministers are subject to normal democratic scrutiny on behalf of all of the people of Scotland. We welcome the very substantial contribution, both supportive and critical, made by a wide range of stakeholders and members of the public on fisheries and marine policy development.

I refer the member to the answer to question S3W-25660 on 29 July 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.