Chamber and committees

I refer the member to the answer to question S5W-15299 on 26 April 2018. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

The Razor Clams (Prohibition on Fishing and Landing) (Scotland) Order 2017 (SSI 2017/419) is made in terms of the Sea Fish (Conservation) Act 1967, and in particular sections 5 and 6 thereof. These sections do not include a power to prohibit the carrying of sea fish on-board a fishing vessel.

Razor clam fishing can be conducted at all times during the year, but is most practicable in better weather. Allusion to a fishing season is intended as a reference to the summer months. Current plans allow for the trial to continue for at least two years from 1 February 2018 but the duration of the trial will be kept under review.

8.7 per cent. The total area covered by the trial sites, including those where an appropriate assessment is yet concluded and fishing is therefore not currently authorised, is 5,410 square kilometres. The total area of Scottish waters bounded by the area up to 6 nautical miles from the coast is 62,212 square kilometres.

These assessments will be completed and published as soon as possible. No fishing under the trial is authorised in these areas at present. The two areas in question are the Sound of Barra and Luce Bay in the Solway Firth.

Separate annual total allowable catches have not been set. The Scottish Government will keep the trial under review and reserves the right to close areas to further fishing or introduce specific conditions for particular trial areas.

There are no plans at present to publish these details.

There is no difference in the implementation of the trial between Scottish and non-Scottish vessels. All fishing by UK vessels for razor clams is prohibited further to the Razor Clams (Prohibition on Fishing and Landing) (Scotland) Order 2017. Vessels taking part in the trial are authorised to do so further to a bespoke derogation issued in accordance with the terms of Section 9 of the Sea Fish (Conservation) Act 1967, Article 43 of Council Regulation 850/98 and Section 3(2) of the Razor Clams (Prohibition on Fishing and Landing) (Scotland) Order 2017.

The legal basis of the trial is Article 43 of EC Regulation 850/98.

With respect to the monitoring of vessels participating in the trial, I refer the member to the answer to question S5W-15298 on 26 April 2018. In relation to any razor fishing that vessels not authorised within the terms of the trial, Marine Scotland Compliance will take appropriate steps to detect and address such activity. In this context it is relevant that the Razor Clams (Prohibition on Fishing and Landing) (Scotland) Order 2017 prohibits not only the fishing for but also the landing of razor clams.

The use of Registered Buyers and Sellers legislation will also allow compliance to be monitored post landing. Risk assessments will be regularly reviewed and acted upon including visits to buyers and sellers of razor clams.

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .