Chamber and committees

The selection of areas for inclusion in the razor clam electrofishing trial was informed by consultation with fishermen and others with an interest in the razor clam fishery. Abundance of razor clams will fluctuate over time and across different geographical areas, but the total number of vessels that it is expected will be authorised to participate (up to 28) is similar to the number of vessels that have participated in this fishery in the recent past. The Scottish Government will keep under review the distribution of vessels across trial areas, and the total number of vessels in the trial.

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.

A derogation authorising participation in the electrofishing for razor clams trial is only issued once the electrofishing gear has been inspected on-board the vessel by Marine Scotland Compliance.

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.

I refer the member to the answer to question S5W-15314 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 Food Standards Agency has no role on this issue in Scotland. It is presumed that Mr Wightman means Food Standards Scotland, the independent agency established to 2015 in Scotland and answers to his question are provided on that basis. The trial areas are limited to waters below mean low water spring (MLWS), whereas Food Standards Scotland (FSS) classified areas generally extend to mean high water spring (MHWS).

a) The boundary of the trial area 4 is yet to be confirmed, but there are four sites classified by FSS for razor clams in the general area of Barra. 75 per cent of the classified waters are included within the draft boundary, this represents 100 per cent of classified waters below MLWS.

b) The boundary of the trial area 10b is yet to be confirmed, but there are two sites classified by FSS for razor clams in the general area of Luce Bay. 82 per cent of the classified waters are included within the draft boundary, this represents 100 per cent of classified waters below MLWS.

c) There are fourteen sites classified by FSS for razor clams in these sites. In total, 83 per cent of the classified waters are included within these trial boundaries. For the fourteen sites within trial areas, this represents 100 per cent of classified waters below MLWS.

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.

There are three fishing vessels presently registered in England that have been invited to take part in the trial.

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.