Environment, Climate Change and Land Reform Committee

Meeting date: Tuesday, March 16, 2021

Official Report 472KB pdf

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Subordinate Legislation

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Red Rocks and Longay Urgent Marine Conservation Order 2021 (SSI 2021/131)

Item 4 is consideration of a Scottish statutory instrument that the Scottish Government laid on an urgent basis to protect a recently discovered nursery site for the endangered flapper skate. The committee notes the breach of the 28-day rule. The Scottish Government has written to the Presiding Officer, as required, to explain why that was deemed necessary in this case. Members know that, in portfolio questions to the Minister for Rural Affairs and the Natural Environment in the chamber, a member asked what is being done to protect the breeding ground in question. I invite members to comment.

It is fundamentally important to protect such sites in our marine environment in the context of sustainable development. I am relieved that the SSI has been made. Other members might have questions about why the order had to be made on an urgent basis.

The flapper skate is a protected species, and I am eager for the committee to agree that the order should come into force, but I seek clarification on advice that I understand that NatureScot has given, which is that, for recreational divers and scallop divers, there could be a no-touch arrangement as opposed to a no-take arrangement—that is, people should not touch the flapper skate eggs, which take a very long time to mature.

I was recently approached by a recreational scuba diver who is also a citizen scientist and was involved in finding the eggs. The no-take zone was raised and it would be helpful to have clarification on it, because it is vital that we take with us people who have been working to discover things. It may well be that there should be a no-take zone—I would totally respect that, as I hope and expect that everybody would—but I would still like that clarification.

Following on from Claudia Beamish’s comments, I agree that there seems to be an issue on that point. We would not be aware of the situation at Red Rocks and Longay without the information that was received from scallop divers, recreational divers and citizen science divers, as well as the local knowledge and feedback from creel fishermen, yet they are all to be banned from the no-take zone. That will clearly hinder the gathering of much of the sighting information and the local knowledge gained from divers and creel fishermen, resulting in a distinct lack of data being fed back. It is also concerning that organisations and individuals are now considering not providing data to NatureScot in case more no-take or no-touch zones are introduced, which will adversely affect their ability to operate in their areas.

I am aware of the urgency, given that the seasonal closures will end shortly. It is clearly a difficult call for NatureScot, Marine Scotland and the Scottish Government, but we need to know that they are aware of the issues that are arising and that they are taking them on board. As a committee, we need to highlight the issues and their knock-on effects to the Government.

It is important that we appreciate how important it is to protect the flapper skate, which the Scottish Government has identified as a priority feature. However, I have concerns about the lack of information regarding the consequences of a complete ban on any fishing and the impacts of the displacement of hand diving, as well as the use of mobile and fixed gear.

It would be useful to have more information on the potential impacts on the sustainability of some of the fisheries and on the steps that have been taken to address the potential loss of income for fishermen, who will not be able to fish in those areas at all. I stress the overriding importance of protecting the species, but more information would have been useful and we should request it, particularly because the order will result in compete closure of the fisheries for at least a year.

It is right that NatureScot’s initial advice took a precautionary approach and called for the closure of a wide area with a buffer zone. It takes only one mistake to dredge out or destroy an area such with those precious flapper skate eggs. Once those eggs are gone, they are gone, so a precautionary approach makes sense.

Angus MacDonald makes an important point about the role of divers doing citizen science research and identifying those precious areas in which the flapper skate are laying their eggs, which ensures that we can protect them. Although the area has been drawn tightly and is quite small, there is a need for more science and a need to involve the divers—in particular, professional scallop divers—so that they can continue their work in a broader area and can identify other areas that should be protected.

In that respect, I am happy to approve the order today—I will not object to it—but it is the absolute minimum that the Scottish Government can do. Understanding what lies beneath the seas and what we need to do to protect such areas will involve divers and citizen scientists being able to access a wider area to bring in data to enable the design of conservation policy with full understanding and knowledge of the vulnerability of the species and where they are.

Thank you. There is also the issue that NatureScot recommended that a wider area be protected but the Government has decided to go with the evidence of where the flapper skate eggs are that we know of. Work still needs to be done to find out where other sites could be, so we could flag up that issue and ask what has been done to identify where other breeding sites might be. This is a seriously endangered species that needs protection, but we must recognise that, as Angus MacDonald rightly said, the eggs were identified only because citizen scientists and divers had access to the area in the first place. There needs to be some balance in that.

We can reflect all those points to the Scottish Government. The order is a negative instrument, so it does not require that we vote on it, but we can mention to the Government the points that the committee has raised. I remind members that the Delegated Powers and Law Reform Committee has yet to look at the technical aspects of the order. If that committee identifies and flags any issues, it will let us know.

That concludes our committee’s public business for session 5. We will move into private session to consider our annual report, which covers the 2020-21 parliamentary year, and our legacy report, which covers the committee’s work throughout session 5 and will help to inform any successor committee in its future business.

Before we move into private session, I should mention that this is very likely to be the last meeting of the Environment, Climate Change and Land Reform Committee with its current members. I want to put on record my thanks to every single member who is before me now for the power of work that you have done, as well as my thanks to previous committee members for the great work they have done with us throughout the years. I also thank all the stakeholders who gave evidence and all those who work behind the scenes in the Parliament: our excellent clerks, our excellent colleagues in the Scottish Parliament information centre, the official report, broadcasting, security and everyone who has helped along the way.

I would also like to single out two members who are retiring. Stewart Stevenson, who is not with us today, is a long-serving committee member. Angus MacDonald, who is with us today, has been on the committee throughout this parliamentary session and was on the committee in its previous form, in the previous parliamentary session. I thank them both very much for their dedicated service and wish them all the very best in their lives beyond the Scottish Parliament. Do any other members wish to comment?

I echo your words, convener, and I would like to thank you heartily for convening the committee, managing us all and helping us to be, whenever we could be, a consensual and, if I may say so, quite thoughtful committee. Thank you very much.

That is really appreciated. Thank you. I should mention that the other person who is involved very closely with our committee, the Cabinet Secretary for Environment, Climate Change and Land Reform, Roseanna Cunningham, is also retiring. She will not be in front of us again for us to thank in person—or virtually—for all the work that she has done in this portfolio, so I put on record our thanks and best wishes to her as well.

09:29 Meeting continued in private until 10:10.