Fisheries Management Plans: Recent Developments

PURPOSE

This briefing note provides an overview of recent updates in the development of the UK’s Fisheries Management Plans (FMPs), including related fisheries management measures currently undergoing parliamentary scrutiny and several FMP consultations, which are of relevance to the fishing industry.

BACKGROUND

Setting out objectives for UK fisheries and providing a framework for management outside of the European Union’s Common Fisheries Policy (CFP), the Fisheries Act 2020 marked a significant moment for the UK as an independent coastal state. 

Central to this framework, the Joint Fisheries Statement (JFS) outlines the policies for achieving the objectives of the Fisheries Act 2020 and sets out Fisheries Management Plans (FMPs) as a key vehicle for delivering sustainable management of UK fisheries. Covering specific fisheries, geographies and key stocks, the JFS lists 43 proposed FMPs to be delivered by relevant national authorities in accordance with a range of timelines. 

FMPs do not lay out legislative requirements directly, but rather are evidence-based action plans, to be iteratively co-developed with industry and other stakeholders. Achieving their goals involve the introduction of new regulations and technical measures, alongside non-statutory measures such as voluntary agreements and collaborative research plans. 

Seen as a departure from the rigid and top-down structures of the CFP, FMPs have been broadly welcomed by the fishing industry as a genuine opportunity for more responsive co-management of UK fisheries by scientists, the fishing industry and regulators, that is attuned to the realities of fisheries. Environmental NGOs, on the other hand, have viewed the FMPs with more caution. 

Six frontrunner FMPs were prioritised for delivery, and published for consultation between July and October 2023. The following six FMPs have since been published:

Measures relating to these frontrunner FMPs are now coming into force. At the same time, the government is consulting on a range of new FMPs, and on amendments to the JFS to accommodate delivery timeline and technical changes to others.

Legislative UPDATES

On 16 October, The Sea Fisheries (Amendment)(No.2) Regulations 2024 were laid before  Parliament. Relating to the first published FMPs, the following measures will come into force on 16 December 2024, subject to Parliamentary scrutiny: 

  • New minimum landing sizes for lemon sole (250mm), turbot (300mm), and brill (300mm) in the English waters of the Channel Sea (Areas 7d and 7e), and for crawfish (110mm) in all English waters to protect juveniles from being landed before they have matured.

  • Engine power restrictions on vessels (greater than 221 Kw) using flyseining gear (fishing with an encircling and towed net, operated from a boat by means of two long ropes) in the English territorial waters (within 12 nautical miles) of the Channel Sea, to help manage fishing effort on inshore demersal non-quota species.

  • All vessels using flyseining gear will also have to use a larger mesh (100mm minimum) in the English waters of the Channel so that smaller, juvenile fish can escape. 

  • This new legislation will allow commercial catch limits for bass to be managed via fishing licences following international negotiations, so they are in line with evolving evidence, rather than having to wait for legislative changes.

Any changes to fishing gear and/or fishing practices to comply with these new measures will need to be made for the 16 December 2024.

Flatfish FMP

On 10 October, Defra published Southern North Sea and Eastern Channel mixed flatfish FMP, which is now being implemented and relates to a number of the measures recently introduced in Parliament. The new FMP includes key elements relating to:

  • Improving the evidence base for data poor stocks.

  • Setting total allowable catches in line with the scientific assessment body the International Council for the Exploration of the Seas’ Maximum Sustainable Yield (MSY) advice (i.e. the maximum amount of fish that can be taken, while ensuring the maintenance of the future productivity of the stock), while also taking into consideration environmental, social and economic factors.  

  • Minimum landing sizes for three stocks in the Eastern Channel (lemon sole, turbot, brill).

  • Proposals to increase the minimum landing size and explore implementation of gear restrictions, including gathering evidence on potential viable options for towed gear management and mesh size changes in the Eastern Channel.   

FMP Consultations

On 10 October, several consultations relating to the next five Defra-led FMPs were also launched, alongside a consultation on amending the JFS to accommodate publication deadline changes for the remaining FMPs, and technical changes to some.

Co-developed over several months, the next five draft FMPs being consulted on are as follows: 

Concerning the production of the remaining FMPs, amendments to the publication deadlines as currently set out in the JFS have been proposed and are currently being consulted on. Several technical changes to a number of FMPs have also been proposed:

  • For the Welsh Government to no longer be a joint authority for plans which do not cover their waters. They will remain as a joint authority for the three plans led by the Scottish Government that extend into Welsh waters. 

  • To add a periwinkle FMP for Northern Ireland.

  • To add species to three FMPs to better reflect stocks.

  • To amend the geographic scope of three FMPs to better align with the stocks. 

  • To merge two cod plans to better align with the biological stock.

NEXT STEPS

  • The Southern North Sea and Eastern Channel mixed flatfish FMP, which can be viewed here, will now be implemented.

  • The consultation on technical changes and amendments to the timeline for delivery of the remaining FMPS can be viewed here, and will remain open until 21 November 2024.

  • The management measures introduced on 16 October are expected to come into force on 16 December 2024, subject to Parliamentary scrutiny. 

  • Any changes to fishing gear and/or fishing practices to comply with these new measures will need to be made for the 16 December 2024.

  • Closing on 19 January 2025, the consultation on the five draft FMPs can be viewed here.

  • Defra are currently running quayside events around the coast as part of the current FMP consultations. More details are available here.

  • The MMO are running an online survey here, relating to the in-development Celtic Sea and Western Channel demersal Fisheries Management Plan (FMP), which will remain open until 31 January 2025.

Further reMARKS

Though the level of engagement with the fishing industry has been cited as varying across FMP development, on the whole the collaborative approach underpinning the FMPs has been supported by the fishing industry as an iterative process of refinement, with potential to truly mark a departure from the management structures of the CFP and see the co-development of a responsive, evidence-based system up to the task of managing for environmentally, socially and economically sustainable fisheries into the future.