Chamber and committees

The Scottish Government’s amended economic link conditions took effect in 2023 to increase landings of key stocks into Scotland and ensure there is a significant economic benefit to Scottish coastal communities from this fishing opportunity.

Indications are that the policy change has succeeded in delivering greater pelagic landings into Scotland – widening the benefit arising from Scotland’s fishing opportunities.

Economic link conditions apply to vessels greater than 10 metres in length and for 2025 requires vessels to land at least 55% of their total combined landings of herring, mackerel, Nephrops, haddock, anglerfish, cod, hake and whiting into Scotland or provide the Scottish Government fishing opportunities (in the following year) that we give to the broader fleet.

We monitor progress and compliance with the economic link conditions via established data gathering programmes, remote electronic monitoring is not required for that purpose.

The Scottish Government acts on many fronts to promote low-impact, sustainable sea fishing.

Our Future Fisheries Management Strategy sets out our vision for Scotland to be a world class fishing nation, delivering responsible and sustainable fisheries management, and actions we will take to deliver that vision. This ten year Strategy includes our Future Catching Policy which aims to develop new rules, in cooperation with stakeholders, to regulate activity at sea in order to support the increased accountability and sustainability of Scottish fisheries: Fisheries - future catching policy: consultation - gov.scot.

On a day-to-day basis our compliance and operational staff oversee compliance with regulation and administrative requirements (whether that be in our 18 coastal offices or marine protection vessels), and our scientists provide data to help inform management decisions at a Scottish, UK and international level.

The number of disqualification or deprivation orders imposed in 2022-24 was 307. In the period 2017-22 the number imposed was 255.

While numerous factors can contribute to fluctuations in these numbers, it is likely that amendments to the Animal Health and Welfare (Scotland) Act 2006 (the 2006 Act), that were introduced by The Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (the 2020 Act), have resulted in an increase in the number of disqualification orders being imposed by the courts.

Previously, section 40(1) of the 2006 Act provided that where a person is convicted of a relevant offence, the convicting court may make a disqualification order, but it did not specify when such an order should be made. An amendment introduced by the 2020 Act places a stronger requirement on courts to consider issuing a disqualification order in every case where a person is convicted of a relevant offence and makes clear that such an order should be imposed for the purposes of protecting animal welfare.

Section 4(4) of the 2020 Act, also inserted a new section 42A into the 2006 Act to require the Scottish Courts and Tribunals Service to establish and maintain a record of the reasons relating to disqualification orders.

Scotland’s Fisheries Management Strategy is a ten year strategy and most of the actions relate to the ongoing delivery of our management functions. The progress being made with these will help ensure a stable context for fishing businesses to operate within. We intend to publish an updated Future Fisheries Management Delivery Plan in the coming months, which will provide information on the progress made for each of the 12 actions.

We must keep our precious resources in use as long as possible, in line with our circular economy ambitions and reusing and recycling materials has an important part to play in Scotland’s response to tackling the climate crisis. I have not held discussions with academia or private sector companies regarding rare earth materials but would welcome any discussions to make progress in this area.

Scottish Enterprise (SE) has undertaken research to understand the implications for Scotland on accessing Critical Raw Materials and Technologies (CRM&T), including rare earth materials. This research will allow SE to further understand how Scottish companies can remain competitive. SE will continue to engage with academia, private enterprises, and beyond to fully understand the implications for Scotland.

The Internal Market Act (IMA) was imposed on the Scottish Parliament without its consent, and radically undermines its powers. Every party in the Scottish Parliament, barring the Scottish Conservatives, voted for its repeal in October 2023, and the Scottish Government is clear that the IMA must indeed be repealed in line with the wishes of this Parliament. We therefore welcome the statutory review of the IMA announced by the new UK Government, which must now be used to undo the damage created by the Act, and ensure that the Parliament’s powers are fully restored.

Since 2021, Scottish Government officials have had over 40 meetings with officials and/or panel members from the Office for the Internal Market (OIM), some bilateral, others multilateral meetings with the other governments of the UK. Discussion at these meetings has included updates on the parliamentary progress of the Circular Economy Act

The Scottish Government continues to engage regularly with the OIM and has discussed measures already taken to restrict supply or manufacture single-use items, and will continue to do so in relation to any future policy.

There is no single crime of animal cruelty and such crimes are identified differently in the annual Accredited Official Statistics publications on Recorded Crime in Scotland and Criminal Proceedings in Scotland. These publications are based on separate and unlinked data sets and cannot be considered as proportions of each other.

Recorded Crime in Scotland is based on a count of crimes reported to Police Scotland. The year is based on when any crime(s) were reported to police. Animal cruelty offences are only identifiable at crime level. In 2023-24 there were 274 offences of animal cruelty reported to Police Scotland. This breaks down into 49 offences of cruelty to protected animals (excluding dogs), 177 offences of cruelty to dogs, 15 offences of cruelty to wild animals and 33 offences of hunting with dogs.

Criminal Proceedings in Scotland is based on a count of people proceeded against in court (and the number of those resulting in conviction). Data for 2023-24 is not yet available.

The abundance of fish in Scottish waters means that a varied industry has developed over time, with many different types of fishing vessels operating as part of a mixed fishery. There are different target fish species, depending on the type of fishing vessel and where it operates, and different issues around unwanted catch. Discarding in the nephrops trawl fishery does occur as whitefish may be caught alongside nephrops. Since the introduction of the landing obligation, this unwanted catch can amount to a disproportionate cost for fisherman who have to land and then dispose of it. As such, the Scottish Government have utilised lawful exemptions to the landing obligation for these fish, in order to lessen the financial burden on these small nephrops vessels. These exempted fish are fully accounted for in quota calculations and factored into stock assessments.

As part of the policy development of our Future Catching Policy, we have been working with industry to explore pragmatic technical and spatial measures to support fishers to reduce discarding. We also know there are improvements we can make to the implementation of the landing obligation that will make the rules around discarding more effective and will work with industry and others to develop this.

Under the Environmental Protection Act 1990, land contamination is the responsibility of local authorities. Any land which is identified as being contaminated, including any downstream of disused lead mines, should be managed in accordance with their routine regime of identifying and securing remediation for contaminated land. The Scottish Government expects that local authorities will prioritise based upon risk to the environment and human health, rather than source of land contamination.

The Scottish Government has no current plans to ask SEPA to review local authority actions in this area.