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ANNEX C
REGULATORY IMPACT ASSESSMENT ( RIA)
1. Title of proposal
The Inshore Fishing (Prohibition on Fishing) (Lamlash Bay) (Scotland) Order 2008
2. Purpose and intended effect
2.1 Objectives
The Objective of the Order is to prohibit all fishing within the Lamlash Bay Marine Reserve.
2.2 Background
Proposals for marine management in Lamlash Bay were further developed by the Lamlash Bay Working Group, following the work of the Community of Arran Seabed Trust ( COAST). The working Group is made up of representatives of COAST, the Clyde fishermen's Association ( CFA), the Firth of Clyde Partnership and is supported by Scottish Natural Heritage ( SNH), Fisheries Research Services FRS) and the Scottish Government.
The proposals are that part of Lamlash Bay would be Marine Reserve underpinned by an Order made under the Inshore Fishing (Scotland) Act 1984. The Marine Reserve, which would be a "no take zone", would be complimented by a Fisheries Management Area covering the remainder of Lamlash Bay. The Fisheries Management Area, which is not covered by this RIA, would be underpinned by a Regulating Order granted under the Sea Fisheries (Shellfish) Act 1967. The Regulating Order would be subject to the receipt of an application and the requirements of the 1967 Act. Collectively, the two management areas in Lamlash Bay would from a Community Marine Conservation Area
The objective of the Marine Reserve is the conservation of biodiversity. It would also contribute to the enhancement of fish stocks, in particular scallops. .
2.3 Rationale for government intervention
Statutory underpinning of the Lamlash Bay Marine Reserve will provide the maximum protection for the area and ensuring, so far as possible, the integrity of the scientific monitoring, which will be undertaken in conjunction with the designation. I will also mean that enforcement of the prohibitions will be undertaken by the Scottish Fisheries Protection Agency. .
3. Consultation
Section 1 (1) of the Inshore Fishing (Scotland) Act 1984 enables Scottish Ministers to make Orders to regulate fishing for sea fish in any specified area in Scottish inshore waters after consultation with such bodies as are considered appropriate. This RIA forms part of the consultation material. Section 1 (2) (a) enables Scottish Ministers to prohibit all fishing within the specified area.
3.1 Within government
The Scottish Government Marine Directorate has had detailed discussions on the proposed Order with:
- Scottish Fisheries Protection Agency ( SFPA)
- Fisheries Research Services ( FRS)
- Scottish Natural Heritage ( SNH)
- Various policy officials within Marine Directorate.
3.2 Public Consultation
The proposed Order was subject to discussion with stakeholders at an open public meeting on Arran on 21 January. Proposals for marine management in Lamlash Bay have also been considered by the Scottish Parliament Public Petitions and Rural Affairs and Environment Committees.
[It is presently subject to wide public consultation.]
4. Options
Option 1. No Change/Do Nothing
The intention of the Marine Reserve is to protect and enhance biodiversity. To do nothing, i.e. to not seek to make the proposed Order, would mean that the Marine Reserve would not be given the maximum possible protection and, in this case, could result in the associated scientific monitoring being compromised.
Option 2. Statutorily underpinned prohibition on fishing activity in the area covered by the Marine Reserve
Statutory underpinning, in this case, would, on the other hand, mean that the maximum protection possible was being provided. There would, therefore be every possible confidence in the management of the site and the monitoring outputs. The implementation of the proposal would help to inform future thinking on designations and closed areas and inform thinking on the use of spatial planning in relevant fisheries. There would also be recognition of the conclusions reached by the stakeholders involved in the development of management for Lamlash Bay.
5. Cost and benefits
5.1 Sectors and groups affected
5.1.1 Fishing Industry
The closure of the area covered by the Lamlash Bay Marine Reserve to fishing will have a negligible impact on the fishing industry as very little fishing activity take place within the area concerned. It is understood that some scallop diving takes place in the area. The consultation exercise will establish whether this of concern. Generally, the transfer of larvae to adjacent areas, thus enhancing local stocks, would help to balance any negative impact.
5.1.2 Social Impacts
The establishment of a Marine Reserve under statute is likely to have a positive social impact. The Reserve is likely to present opportunities to study and better understand the marine environment in the area, possibly by means of remote cameras located on the sea bed and to help raise awareness of Scottish marine biodiversity more widely. There are also likely to be benefits from increased environmental tourism and recreational diving
5.1.3 Environmental Impacts
The intention is that the statutory underpinning of the Marine Reserve would help to protect and enhance biodiversity. .
5.2 Benefits
See social impacts above.
5.3 Costs
Statutorily underpinning the Marine Reserve will not result in any additional costs being incurred.
6. Small/Micro Firms Impact Test
N/A
7. " Test Run" of business forms
N/A
8. Competition assessment
N/A
9. Enforcement, sanctions and monitoring
Enforcement would be carried out by the Scottish Fisheries Protection Agency. Any non-compliance would be dealt with through formal enforcement action including, where appropriate, the referral of matters to the Procurator Fiscal for possible prosecution. It is intended that a programme of monitoring would be developed and undertaken through a partnership involving the parties referred to at paragraph 2.2 above, with FRS and SNH contributing advice and resources towards the programme.
10. Implementation and delivery plan
The SSI prohibiting fishing in the Marine Reserve would be laid before the Scottish Parliament under the negative resolution procedure. No additional implementation measure would be required.
11. Post-implementation review
The Scottish Government would review the impact of the closure of the area concerned to inform consideration of whether the measure should continue to remain in place. As stated above a monitoring regime will be developed with the help of SNH and FRS and implemented by COAST.
12. Summary and recommendation
[This section of RIA will be completed after the public consultation exercise is complete.]
13. Declaration
I have read the Regulatory Impact Assessment and I am satisfied that the benefits arising from this Order outweigh any negative considerations and justify the costs.
Signed by the responsible Cabinet Secretary………………………………………………..
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