For further background information on this case, please see the previous case summary report by Environmental Standards Scotland (ESS) on our website.
What was the issue?
ESS received a representation alleging that the Scottish Government’s Marine Directorate (‘Directorate’) had failed to carry out an appropriate assessment under the Habitats Regulations[1] before allowing commercial fishing of wrasse.
What did ESS do?
ESS accepted the case for pre-investigation, made enquiries of the Directorate and NatureScot and concluded that the Directorate had not fulfilled its legal obligations under the Habitats Regulations.
The Directorate committed to undertake an appropriate assessment prior to the commencement of the 2025 fishing season. ESS noted that it would monitor progress and consider what further action, if any, was required once the assessment was available for consideration.
What outcome was achieved?
The Directorate has now completed an assessment, consulted NatureScot and published the findings on its website.
ESS is now considering the assessment to determine what further action, if any, is required.
[1] The Conservation (Natural Habitats, &c.) Regulations 1994 (the Habitats Regulations) provide the legal framework for protected sites and species requiring strict protection. Regulation 48 requires an ‘appropriate assessment’ to be undertaken for any plan or project likely to have a significant effect on a protected site. For a project or development to proceed, the appropriate assessment must demonstrate that the site integrity will not be adversely affected. Where potential adverse effects are identified, mitigation measures can be implemented to prevent or reduce them to an acceptable level.