Action

2. The Loch Torridon Nephrops creel fishery came into being following the creation of a static gear only fishery by statutory instrument in May 2001. • Two other zones were created by the SI – a mixed gear fishery and a trawl only fishery. • The fishery is bounded by the islands of Rona and Raasay, and the Scottish mainland. • By sea, it is bounded by a six month closure to the south, the mixed gear fishery and trawl fishery to the north and encloses a large BUTEC no fishing zone.

5. Following the SI in 2001, which was supported by HIFA, M&NWFA and THC, the creel fishermen sought external independent confirmation that the fishery was being responsibly and sustainably managed. • It appeared as though the MSC process was one by which this independent assessment could be achieved. • MSC certification of the fishery was achieved in January 2003. • MSC certification brought about the creation of the TNMG, a management plan for the fishery and the voluntary code of practice.

6. Action Plan Marine Stewardship Council Sustainability Certification was awarded on: 16th January 2003 Action Deadline Achieved? Establish recognised body to oversee implementation of Torridon Management Plan. 16/04/03 Yes (06/02/03) First draft of objectives and performance indicators, determined in association with SNH and FRS. 16/04/03 Yes (09/04/03) Draft of formal Torridon Management Plan document. 16/10/03 Yes (16/10/03) Formal adoption of Torridon Management Plan. Evidence of internal review of Plan’s success. Evidence of dispute resolution. Evidence of training on aims/objectives for signatories, including corrective mechanisms in event of non-compliance with the Plan. 16/01/04 Yes (See 1st surveillance report – subject to log sheets) First surveillance visit (to audit: contracts between TNMG and all fishers within the certified fishery; formally adopted Torridon Management Plan; minutes of meetings; membership details) 16/01/04 Yes (subject to log sheets) Feb 04 Annual surveillance visits in following 3 years. Possible unannounced visits. Full evaluation of the effectiveness and utility of the escape panels, including impact on the size of the catch – to be carried out by SNH in collaboration with FRS. As soon as practically possible.

7. LOCH TORRIDON NEPHROPS CREEL FISHERY MANAGEMENT PLAN December 2004

8. TORRIDON MANAGEMENT Plan - Conservation Code All boats fishing in the creel-only area are requested to follow the guidelines below: 1.Maximum of 2 x 800 prawn creels for 2 or more man boats 2.Maximum of 2 x 400 prawn creels for 1 man boats 3.Maximum of 2 x 400 or 2 x 200 crab/lobster pots for 2/1 man boats 4.Escape gaps/panels to be fitted to all prawn creels by end June 2003 5.Maximum number of days fished (creels hauled) per year to be 200. Starting from 1st July. 6.ALL berried prawns to be returned to the sea 7.Only 2 sets of gear to be fished (2 x prawn or 2 x crab or 1 x prawn plus 1 x crab) at a time 8.Only one set of gear to be hauled each day I ………………………………… agree to follow the guidelines above when fishing in the creel-only “closed” area referred to in the Marine Stewardship Council Loch Torridon Nephrops Fishery. Signature……………………..

9. It was recognised and identified very early on that the fishery would become a “honey pot” for extra creel fishers to want to fish in the static gear only zone because they would be attracted by – • The publicity associated with the MSC certification. • The fact that they could fish unhindered by the risk of having their creels towed. • The knowledge that fishing was very good indeed in the area.

10. New fishers came from the local area and from outside the area – as far afield as Fraserburgh. • In 2001, 9 creel boats were known to be fishing for nephrops in the static gear zone. All were signed up to the code of practice. • In 2006 the number fishing in the area had increased to 16. • 100% adherence to the code of practice had been lost…only four of the new fishers signed up. • Currently, 13 boats are using the area. Three of them are not signed up to the code.

11. TNMG correspondence with SEERAD/SG… In 2004, TNMG responded to the consultation on the Inshore Fisheries Review explaining the need for all fishers to comply with local rules for fisheries and calling for further static gear only areas to be created to spread increased fishing pressure.

12. In 2006, TNMG responded to the Coastal and Marine National Park consultation with the following comments, • “The TNMG is currently frustrated by the lack of legal backing for the code of practice, which requires proper legal power and enforcement if it is to remain an effective management tool for the long term.” • “The new Inshore Fishery Groups have been put forward by SEERAD as offering a new way to deal locally with fishery management issues. However, the IFGs are not being established fast enough, nor are they empowered to make management decisions and enforce them…”

13. In 2006 and on many occasions since then, the TNMG has had correspondence and meetings with the SG explaining the need for legal backing for the CoP and for the creation of further areas to spread the fishing pressure and allow local fishers access to similar fisheries. • The response from the SG inshore fisheries dept has consistently been to wait for the IFG, however, the IFGs were very slow in being developed, and it was never clear how the IFG could actually action the changes necessary. • The TNMG continues to believe that the IFGs do not have the power to implement the measures needed to effectively control and manage the fishery.

15. The position regarding MSC and certification of the fishery in 2010/11. For the duration of the first five years of certification, Moody Marine, the certifier, was able to rely on up-to-the-minute scientific research from the University of Glasgow PhD study and a 3 year study by SNH along with records of fishing landings from Shieldaig Export Ltd. However, at the re-assessment in 2008, Moody Marine raised the issue of the weaknesses in the management regime and required the TNMG to seek a remedy for this with the appropriate management body (the SG).

16. The TNMG has continued throughout the MSC process, to collect fishery data far beyond legal requirements from its fishers. The data collected is based on numbers of creels hauled and days fished. The TNMG also maintains records (by the same means) of compliance with the CoP.

20. Reasons for suspension of MSC certificate… The Scientific Data… Moody Marine has found it impossible to find sufficient scientific data to support an argument either for or against the sustainability of the fishery. The data that the TNMG are able to provide is insufficient without further data from other sources to support and explain it. Against this, Moody Marine have seen that the number of boats using the fishery has risen, and the total LPUE has reduced over time since records have been kept.

21. The Management Regime… It is quite clear that despite the strong and consistent efforts of the TNMG, there has been no improvement in the management regime for the fishery, and that if a problem does exist, there is no management means by which it can be resolved.

22. Moody Marine and the MSC are NOT saying that this is a failed fishery, however there appears to be an amber light situation, and MSC needs to be more certain in order to be able to continue certification. In short, the management issues and issues with the provision of adequate interpreted scientific data need to be addressed. There appears to be no desire to address the management issue by the SG, hence the TNMG has sought support from the Scottish Parliament by means of a Public Petition.

23. The Petitions committee sought further information from: The SG The SFF The IFG Marine Stewardship Council Prof. Jim Atkinson – UMBS Millport Dominic Counsell – Head of Marine Ecosystems Unit, SNH Dr. A. J. Nightingale - University of Edinburgh Dr. Richard Nixon – Director, WWF Scotland

24. For further information and scientific reports, I will be happy to pass on the following references… Torridon and Inner Sound Nephrops Fishery – Seabed survey of the Inner Sound February 2006. Report from University Marine Biological Station Millport to Scottish Natural Heritage. Atkinson, R. J. A., Stevenson, T. D. I., & Foster-Smith, R. L. Aspects of the sustainability of creel fishing for Norway lobster, Nephrops norvegicus (L.) on the west coast of Scotland. J. M. Adey, PhD thesis. Faculty of Biomedical and Life Sciences, University of Glasgow. March 2007.

25. Surveillance Report 2009 - Loch Torridon Nephrops creel Fishery – Moody International - http://www.msc.org/track-a-fishery/certified/north-east-atlantic/loch-torridon-nephrops-creel/reassessment-downloads-1/2009.09.15-Loch-Torridon-Nephrops-Surveillance-Report.pdf Surveillance Report 2010 – Loch Torridon Nephrops Creel Fishery – Moody International - http://www.msc.org/track-a-fishery/certified/north-east-atlantic/loch-torridon-nephrops-creel/reassessment-downloads-1/09.10.2010-torridon_nephrops_surv2.pdf

26. As stated by one of the respondents, Torridon is one of the best studied fisheries in Scotland… In our view, in order to remain a healthy and successful fishery, it needs effective mandatory controls on effort and monitoring of stocks. There also need to be further similar areas of segregated fishing in order to spread out the pressure. Thank you for your attention.