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Overview

We are consulting on proposed changes to the way the scallop fishery is managed to improve sustainability as part of implementing the King Scallop Fisheries Management Plan.

How to respond

Responses can be submitted by email, post or via an online form on the Welsh Government website.

E-mail/postal responses should be sent to the address below to arrive by midnight on 15 January 2026 at the latest. Please ensure you state “Consultation: Proposed changes to scallop fishing management measures in Wales” in the subject box.

Further information and related documents

Large print, Braille and alternative language versions of this document are available on request.

Contact details

For further information, contact:

Fisheries Division

Welsh Government 
Cathays Park 
Cardiff 
CF10 3NQ

Rydym yn croesawu gohebiaeth yn Gymraeg / We welcome correspondence in Welsh.

UK General Data Protection Regulation (UK GDPR)

Welsh Government will be data controller for Welsh Government consultations and for any personal data you provide as part of your response to the consultation.

Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. The lawful basis for processing information in this data collection exercise is our public task; that is, exercising our official authority to undertake the core role and functions of the Welsh Government. (Art 6(1)(e))

Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. In the case of joint consultations this may also include other public authorities. Where Welsh Government undertakes further analysis of consultation responses then this work may be commissioned to be carried out by an accredited third party (e.g. a research organisation or a consultancy company). Any such work will only be undertaken under contract. Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data.

In order to show that the consultation was carried out properly, Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or organisation who sent the response are published with the response. If you do not want your name or address published, please tell us this in writing when you send your response. We will then redact them before publishing.

You should also be aware of our responsibilities under Freedom of Information legislation and that Welsh Government may be under a legal obligation to disclose some information.

If your details are published as part of the consultation response then these published reports will be retained indefinitely. Any of your data held otherwise by Welsh Government will be kept for no more than 3 years.

Your rights

Under the data protection legislation, you have the right:

  • to be informed of the personal data held about you and to access it
  • to require us to rectify inaccuracies in that data
  • to (in certain circumstances) object to or restrict processing
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For further details about the information Welsh Government holds and its use, or if you want to exercise your rights under the UK GDPR, please see contact details below:

Data Protection Officer:
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

e-mail: dataprotectionofficer@gov.wales

The contact details for the Information Commissioner’s Office are:

Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113
Website: https://ico.org.uk/

Ministerial foreword

Our seas maintain an abundance of life which supports the prosperity and wellbeing of communities in Wales. In the face of increasing threats from human activities and climate change, we must find ways to adapt and protect our precious marine environment now and in the future.

Working with stakeholders, we are delivering a broad range of actions to ensure the sustainable use of our seas. This includes an ambitious programme of Fisheries Management Plans (FMP) to systematically improve the management of our fisheries.

Without appropriate management, scallop dredging can damage seafloor habitats. Wales already has a well-managed inshore scallop dredge fishery, with substantial areas closed to protect sensitive habitats. This is partly why recent site condition assessments within our Marine Protected Areas (MPA) found no habitats or species were in unfavourable condition due to fishing.

However, we are not complacent and want to go further. The reason for the consultation – as with all consultations on Fisheries Management Plans - is to ensure our marine environments are protected and that our fish stocks are managed and sustainable for future generations. Strengthening management of king scallop fishing in Welsh seas will protect both scallop stocks and the environment.

A key action in the King Scallop FMP is to develop a new framework of management measures. This is an opportunity to review the current system and develop proposals for a stronger, more adaptive management system based on evidence to ensure long-term sustainability.

The proposals in this consultation aim to strengthen and significantly extend controls on king scallop dredging from the inshore area to the entire Welsh zone (see Maps showing the Welsh Exclusive Economic Zone (EEZ/Welsh zone) and existing measures). The new framework will enable more timely management in response to evidence about stocks or the environment, for example by changing restrictions in certain locations.

Furthermore, these adaptive measures will facilitate the trialling and adoption of lower impact gears or methods.

I would like to thank members of the Wales King Scallop Advisory Group who assisted in developing these proposals. I encourage you to consider the information below and would welcome your views to help shape the future management of king scallop fishing in Wales.

Huw Irranca-Davies MS
Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs

Purpose of this public consultation

As part of implementing the King Scallop Fisheries Management Plan for England and Wales (King Scallop FMP) (on gov.uk) and to ensure sustainability, Welsh Government is consulting on proposals to create a new framework of measures to manage king scallop (Pecten maximus) fishing in Wales by:

  • strengthening management of king scallop dredging to ensure regulations are consistent and coherent throughout the Welsh zone to protect scallop stocks and the environment
  • introducing the ability to adaptively manage all forms of targeted king scallop fishing to ensure measures can be varied in a timely manner in response to evidence about the stock, fishing activity, methods / gears, the environment or climate change
  • enabling low impact fishing methods, such as hand diving or potting with lights for scallop, to be trialled and implemented where practicable and sustainable

The changes proposed in this consultation may take the form of licence conditions, conditions to a permitting regime or implemented through standalone amendments to relevant legislation.

In addition, we are consulting on a proposal to align the Minimum Conservation Reference Size (MCRS) for queen scallop (Aequipecten opercularis / Chlamys opercularis) in Wales with neighbouring jurisdictions to provide the stock with greater protection.

Welsh Government is seeking views from stakeholders regarding these proposals and will consider all responses before deciding how to proceed.

Background

Since the United Kingdom left the European Union, the EU-UK Trade and Cooperation Agreement (TCA) (on gov.uk) has provided the international framework for management of shared stocks, including non-quota stocks like king scallop.

The UK Fisheries Act 2020 (on legislation.gov.uk) underpins the way fisheries are now managed in the UK. As fisheries management is devolved, Welsh Ministers have responsibility for management decisions in Wales and the Welsh part of the UK’s Exclusive Economic Zone (EEZ) referred to as the Welsh zone. This is the part of sea which is nearest Wales and which extends to 200 nautical miles or to the median (halfway) distance between Wales and the next nearest country (Figure 1).

The UK and Devolved Governments produced a Joint Fisheries Statement (JFS) (on gov.uk) detailing policies for achieving the objectives in the Fisheries Act and how fisheries management plans (FMP) would be used to deliver sustainable fisheries. As the King Scallop FMP is a joint plan, both UK and Welsh Minsters are responsible for implementation in their respective jurisdictions and continue to collaborate on policy development.

The King scallop fisheries management plan (FMP) was published in December 2023. Fisheries Management Plans aim to maintain stocks at, or restore them to, sustainable levels.

One of the key actions in the FMP is to consider a new framework of king scallop management measures to ensure fishing is consistent with maximum sustainable yield (MSY) or a suitable proxy measure. The Welsh Government has been working with the Wales King Scallop Advisory Group (WKSAG) to implement the King Scallop FMP in Wales and to develop the proposed measures below.

Management of king scallop fishing in Wales

King scallop fishing is already highly regulated in Wales. Welsh Government permit approximately 20 vessels each year to fish for king scallop with dredges within 6nm of the shore. Before permits are issued, a Habitats Regulations Assessment (HRA) is conducted annually by Welsh Government in consultation with Natural Resources Wales (NRW) to ensure the fishery has no adverse effects on Welsh Marine Protected Areas (MPA). Recent Natural Resources Wales site condition assessments have confirmed our annual HRA conclusion that no adverse effects to Welsh MPAs are caused by permitted scallop fishing.

King scallop stocks in Wales are concentrated in three main areas: Cardigan Bay, North of the Llŷn, and Northeast of Anglesey. These areas are relatively shallow with a sand / gravel substrate. King scallop dredging is prohibited within 1nm / bay closing lines around Wales and within relevant areas of SACs with benthic features (see figure 2). Within 12nm there is a seasonal closure from 1 May to 31 October each year (see figure 3). There are also limitations on vessel power and gears that are used.

Constitutional arrangements for managing the Welsh zone have changed dramatically in recent decades. Existing measures have been inherited from Sea Fisheries Committee byelaws, EU and UK regulations as well as legislation from the Welsh Assembly and Senedd. The measures are not therefore coherent across the Welsh zone, nor can existing measures be varied quickly in response to evidence to protect the stock and the environment. In addition, the current management framework was not designed to facilitate or manage other low impact methods of harvesting king scallop, such as hand diving, or emerging techniques such as the use of pots with lights.

Beyond the legislative framework set out above, the Welsh Government must comply with the Well-being of Future Generations (Wales) Act 2015 (on legislation.gov.uk), the Environment (Wales) Act 2016 (on legislation.gov.uk), the Conservation of Habitats and Species Regulations (2017) (on legislation.gov.uk), The Conservation of Offshore Marine Habitats and Species Regulations 2017 (on legislation.gov.uk), the UK Marine Strategy and Welsh National Marine Plan 2019 for the inshore and the offshore part of the Welsh zone.

In developing the FMP, the UK and Welsh Governments published a series of supporting documents (on gov.uk) detailing the available evidence, research and environmental considerations. A Strategic Environmental Assessment: Environment Report (on gov.uk) was also published in January 2024. Respondents are encouraged to refer to the evidence provided in those reports for further detail.

Bangor University have conducted regular stock surveys on behalf of the Welsh Government since 2012. Evidence about the stock continues to build and an initial stock assessment is anticipated within the current FMP timeframe (before 2029). This assessment will be used to inform management decisions to achieve MSY or a suitable proxy.

What new scallop management measures are being proposed?

Working with the WKSAG, Welsh Government has reviewed existing management measures and developed a range of proposed changes to manage stocks sustainably and protect the environment. The combined effect of these proposals is intended to provide fisheries managers with the necessary tools to adaptively manage Welsh scallop fisheries in response to evidence and input from stakeholders through a management advisory group.

The proposals should be considered individually and collectively. Many individual proposals are expected to have greatest effect when used in combination with others.

Welsh Government considers these proposals are reasonable, proportionate, non-discriminatory and necessary to ensure scallop stocks remain sustainable in the long term and the environment is protected in line with the King Scallop FMP, the fisheries objectives, EU-UK Trade and Cooperation Agreement (TCA) and the wellbeing goals.

The proposals below describe flexible management measures. Where we are proposing to use this new flexibility to implement specific changes in the short term, these are highlighted. If, following this consultation, Welsh Government changes scallop management measures, all necessary impact assessments will be undertaken before any changes take place. Although this consultation contains several proposals, it may be necessary to phase in changes over time. For example, remote electronic monitoring (REM) will need to be implemented as a control measure before considering the introduction of rotational management (sequential opening and closing of areas) to protect stocks and seafloor integrity.

Fishing practices and methods are constantly developing. Flexible management tools will enable the Welsh Government to respond to changes and facilitate low impact scallop fishing methods such as hand diving or to trial emerging techniques such as potting with lights.

Proposal 1

Introduce an annual all Wales king scallop permit for all vessels taking king scallop by any method in the Welsh zone. Conditions may be attached to the permit which may be varied from time to time based on evidence to ensure sustainability of the fishery

The permit would be a digital permit, similar to existing Welsh Government permits for scallop, cockle and whelk.

There are currently two permitted areas within the Welsh zone which correspond to the former Sea Fisheries Committee (SFC) areas (0-6nm area of the Welsh zone) for North Wales (Bylaw 12) and South Wales (Bylaw 40).

Since fisheries has been devolved for the whole of the Welsh zone, this is regarded as an unnecessary administrative division for fishers and fisheries managers. The Welsh Government proposes to revoke the requirements for permits for each of the former SFC areas and introduce a requirement for one permit to fish for king scallop in the whole of the Welsh zone. It is proposed that the permit should be required for all fishing methods for king scallop in the Welsh zone.

Conditions may be attached to permits to require permit holders to undertake certain activities or prohibit certain activities. Permit conditions may be added, removed or varied from time to time as required to regulate the fishery.

Where practical, the Welsh Government will consult relevant stakeholders when varying permit conditions and give reasonable notice of changes. In some circumstances, for example where urgent action is required to protect the stock or the environment, this may not be practical.

The annual permit period will run from a set date each year for 12 months (including closed periods). Guidance will explain the permit application requirements to ensure permits can be issued before the permit period starts.

If these proposals are introduced, the new permit could be required as early as November 2026.

Proposal 2

Consider introducing a fee for the annual king scallop permit 

If this change is introduced, the fee will be determined in line with guidance on cost recovery, what is reasonable and in consultation with permit holders and other relevant stakeholders.

In line with other permitted fisheries in Wales, and to contribute towards cost recovery for administration, management and survey costs it is proposed that the Welsh Government have the option to charge an application fee for the new all Wales king scallop permit. 

Proposal 3

Introduce variable catch limits for king scallop in the Welsh zone

There are currently no catch limits for scallop in the Welsh zone.

Setting catch limits to ensure stocks are not subjected to over-exploitation is one of the most effective fisheries management measures used to achieve sustainability. Catch limits may be set based on historic catches, stock health indicators, stock assessment results or a combination.

Welsh Government has been conducting surveys of the three main stock areas in the Welsh zone (Cardigan Bay, North of the Llŷn, and East of Anglesey) since 2012. We have recently adjusted the coverage of the survey and are developing a stock assessment method. Our intention is to use this information to develop catch limits based on a combination of historic catch data and scientific survey results.

Depending on scientific advice, we anticipate setting an annual catch limit (ACL) which may be stock area specific. In addition, to ensure the ACL is not exceeded we may also set monthly, weekly or daily limits for each vessel as necessary to safeguard the stock.

Proposal 4

Introduce a variable Minimum Conservation Reference Size (MCRS) for king scallop in the Welsh zone and set the MCRS offshore south of 52°30′ N to 110mm (so that it is 110mm throughout the Welsh zone)

Article 11 of The Scallop Fishing (Wales) (No.2) Order 2010 (as amended) states that “the minimum size of scallop that may be carried by a fishing boat in Welsh waters is 110 millimetres” and this restriction applies to the part of the Welsh EEZ that extends from 0 to 12nm from the shore. This legislation supersedes the former Sea Fisheries Committee bylaws for North and South Wales.

In the offshore region of the Welsh EEZ there are two MCRS under retained EU law: Annex 6 Part A Regulation (EU) 2019/1241. North of the latitudinal line at 52°30′ N the MCRS is 110mm in diameter. South of that line, the MCRS is 100mm in diameter (see map at figure 4).

A MCRS of 110mm enables 95% of king scallop to spawn before being captured. This ensures the stock is both productive and resilient. There is no evidence to suggest a different MCRS offshore north and south of latitudinal 52°30′ N north is required. Increasing the MCRS to 110mm in the offshore area south of the latitudinal line at 52°30′ N may initially cause a moderate reduction in catches beyond 12nm for some vessels, however, the consequent increase in spawning stock biomass will increase recruitment, increase catches and the long-term sustainability of the fishery.

Based on the available evidence, 110mm MCRS is currently regarded as adequate protection for king scallop to spawn at least once before they are harvested in the Welsh zone. In future, Welsh Government may want to vary the MCRS either for all or parts of the Welsh zone based on evidence relating to the stock. This may be required to regulate new fishing methods such as hand diving or potting or to enable adaptation to the impacts of climate change.

Proposal 5

Introduce variable Vessel Monitoring System (VMS) requirements for all vessels fishing for king scallop in the Welsh zone and set the VMS data transmission frequency at 10 minutes for vessels over 12 metres in length in the offshore part of the Welsh zone (so that VMS requirements for all vessels in the Welsh zone are the same).

Wales has some of the most developed VMS requirements in the UK. All vessels are required to have VMS in the Welsh zone but the requirements differ according to vessel size, fishing method and location of fishing activity. Welsh vessels under 12m in length, including those fishing for king scallop, are required to have VMS with 10 minute polling frequency wherever they are under The Sea Fishing Operations (Monitoring Devices) (Wales) Order 2022 (on legislation.gov.uk).

Any vessel dredging for scallop within the 0-12nm area, wherever they are registered, are required to have VMS with 10 minute polling frequency under The Scallop Dredging Operations (Tracking Devices) (Wales) Order 2012 (on legislation.gov.uk).

Although non-Welsh registered vessels under 12m are required to use VMS and report their location every 10 minutes in the Welsh zone, over 12m vessels that do not fish in the 0-12nm area are only required to transmit locational data at 2 hourly intervals under Article 19 and Article 22 of Commission Implementing Regulation (EU) No 404/2011 (on legislation.gov.uk).

This is an inequitable situation that is not justified by scientific advice, technological limitations, fisheries management or, since the necessary powers were devolved, jurisdictional administration. Welsh Government requires all those who fish for and take king scallop with dredges to poll at the same VMS frequency. This will enable more effective fishery management, Marine Protected Areas (MPA) management and enforcement.

At present, Welsh Government considers a 10 minute polling frequency to be adequate to manage scallop fisheries. There is active research in this field which may demonstrate alternative best practice in future. It is possible different polling frequencies will be required for different types of scallop fishing or in different areas, for example to protect the environment.

Changes to other controls on fishing could also necessitate changes to VMS requirements. For example, if remote electronic monitoring is introduced, there may need to be changes to VMS to enable coordination between systems.

Proposal 6

Introduce remote electronic monitoring (REM) with cameras and sensors to fish for king scallop in the Welsh zone

REM is an integrated array of sensors (Global Positioning System and gear sensors) and video cameras used to remotely monitor fishing activities on vessels at sea. REM can provide the precise location of gear deployment as well as catch composition, handling methods and discarding without the expense of deploying observers.

Remote electronic monitoring (REM) with cameras and sensors is a novel development in UK fisheries management. The Scottish Government recently introduced the requirement to have REM with cameras and sensors for scallop dredging in the Scottish zone. The UK Government has consulted on REM for other fisheries and other countries make use of this technology.

As REM can show where fishing takes place in addition to the routes taken by vessels in transit, it could offer multiple benefits in managing the king scallop fishery. When used in conjunction with catch and survey data it would improve our understanding of the status of the stock and the management of exploitation. It could enable new management options such as rotation of fished areas to improve stock management and maintain seafloor integrity as required by the UK Marine Strategy. REM would also strengthen control and enforcement of the fishery and help safeguard the environment, where necessary. If the Welsh Government introduces a requirement for vessels fishing for king scallop in the Welsh zone to have functioning REM systems on board, it will not be before November 2027. If introduced, the REM requirements may vary for vessels of different sizes or using different fishing gears or techniques.

Formal intergovernmental arrangements for REM are not yet in place but a UK REM interoperability working group is developing options.

As REM policy at a UK level and the costs and capabilities of the technology are still developing, it may be necessary to vary technical REM specifications in response to scientific evidence and technical developments.

Proposal 7

Introduce variable closed season or seasons for king scallop in the Welsh zone and change the offshore seasonal closures so that the fishery is closed from 1 May to 31 October each year to protect the stock during the spawning period

There are several closed seasons within the Welsh EEZ.

Article 4 of The Scallop Fishing (Wales) (No.2) Order 2010 (as amended) states “no person is to fish for, take or kill scallops in Welsh waters during the period 1 May to 31 October inclusive in each year by any means, including diving.” This provision applies to the 0-12nm part of the Welsh EEZ. There are several different overlapping closed seasons in the 12nm-Welsh zone limit (offshore) under pre-devolution subordinate legislation from the 1980s (see The Scallops (Irish Sea) (Prohibition of Fishing) (Variation) Order 1986 (on legisation.gov.uk) and The Scallops (Irish Sea) (Prohibition of Fishing) Order 1984 (on legislation.gov.uk)).

In the area offshore south of the latitudinal line due West from the coast of Wales from 51°30'00.0"N there is no closed season (see map at figure 3).

In the area North of the latitudinal line at 51°30'00.0"N but south of 52°48'00.0"N, the annual closed season is 1 July – 31 October.

In the area North of the latitudinal line at 52°48'00.0"N, the close season is 1 June – 31 October.

Bylaw 20 of the former North Western and North Wales Sea Fisheries Committee extends the seasonal closure within the 0-3 nautical mile from shore area of the Welsh zone approximately from Cemaes Head in Ceredigion to Braich y Pwll on the Llŷn peninsula to 31 December (see map at figure 3).

The proposed closed season will protect king scallop in the Welsh zone during the main spawning period.

The UK subordinate legislation will apply outside of the Welsh zone to the parts of the UK EEZ which have not introduced specific alternative closures listed below.

Neighbouring jurisdictions currently have the following closed seasons:

  • Northern Ireland (0-12nm) and the Isle of Man: 1 June to 31 October
  • England - Devon & Severn IFCA – 1 July – 31 September

As the climate changes, our stock surveys or other scientific studies may demonstrate that varying the seasonal closure, either across part or the whole of the Welsh zone, would benefit the stock. With the ability to vary seasonal closures across and within the Welsh zone, Welsh Government would be able to make management changes to ensure sustainability.

Stakeholders have asked Welsh Government to explore the possibility of a hand dived scallop fishery in Wales. Hand diving for king scallop is lawful within the existing framework of measures. However, stakeholders have advised this method is only practical in shallow inshore waters during the summer months when the weather is calmer and visibility better. Therefore, to make a hand dive fishery feasible, managers would need the ability to vary the closed season for this method. Hand diving for scallop is common elsewhere and as the catch is hand selected it is regarded as a premium product so fishers can make a viable business from relatively low catches. Hand diving is regarded as having a low impact on the environment due to quantities taken and minimal contact with the seafloor.

Before considering the creation of a hand dived fishery with an exception to the current closed season from 1 May to 31 October in the inshore area, trials will be conducted to test and identify the best time or times to allow fishing by this method. In addition to timing, consideration of other exceptions such as a larger MCRS may also be needed for a hand dived scallop fishery to mitigate any impact on spawning animals.

Proposal 8

Introduce variable temporal (time at sea or time spent fishing) restrictions or closures within the Welsh zone

Seasonal closures are not the only kind of time-based or temporal restriction which can be applied for fisheries management purposes. Other temporal restrictions could include curfews, limits on the number of hours or days spent at sea or actively fishing.

Welsh Government does not intend to introduce any additional temporal restrictions in the short-term, however, advice from the WKSAG suggests future management may require such measures. This management approach is used in king scallop fishery management elsewhere including the Isle of Man and France. It could also be necessary to impose temporal restrictions in some parts of the Welsh zone in future as the effects of other changes are evaluated. Any change would be based on evidence to ensure stock and environmental sustainability.

Proposal 9

Introduce variable spatial restrictions or closures within the Welsh zone

There are various spatial restrictions in the Welsh zone. The Scallop Fishing (Wales) (No.2) Order 2010 creates a management framework within the 0-12nm area of increasing restrictions in zonal areas as measured in distance from the shore. The 2010 Order also creates a series of areas which are permanently closed to scallop dredging. The Sea Fish (Specified Sea Areas) (Prohibition of Fishing Method) (Wales) Order 2012 (on legislation.gov.uk) closes 2 areas to bottom towed fishing gear, which includes dredging.

Welsh Government is not proposing to change restrictions to any areas which are currently closed to dredging in the 2010 or 2012 Orders above or the former South Wales SFC retained bylaws 27 or 28.

Welsh Government anticipates using variable spatial restrictions or closures in a variety of circumstances. Restrictions or closures could be used to protect areas of high juvenile scallop abundance in response to survey evidence or as part of planned rotational management. Alternatively, restrictions or closures could be implemented at short notice to protect stocks or the marine environment from imminent threats.

Proposal 10

Introduce variable effort restrictions (engine size, towing capability, vessel length) to fish for king scallop within the Welsh zone

Fishing “effort” can be defined as a function of time and energy spent fishing. This means any measures that regulate time spent fishing, or the energy expended when fishing, affect fishing effort. Arguably vessel length has sometimes been used as a proxy measure for a vessel’s energy output as opposed to an engine size or a measure for thrust.

Using this formulation of effort, there are already some effort restrictions in the Welsh zone but they are fixed measures.

Article 3 of The Scallop Fishing (Wales) (No.2) Order 2010 excludes vessels from dredging for scallop within the 0-12nm part of the Welsh zone unless they have an engine whose power output is 221 kilowatts or less.

Article 6 limits scallop dredging within the 1-3nm part of the Welsh zone to vessels 10 metres in length or less.

The former North Western and North Wales Sea Fisheries Committee retained bylaw 9 limits vessel length to 12 metres West of Orme’s Head and 15 metre’s East of Orme’s head in the 0-6nm part of the Welsh zone.

The Western Waters Effort Regime created by retained EU law (Council Regulation (EC) No 1954/2003) (on legislation.gov.uk) applies to vessels of 15 metres or over in length fishing for scallop in the Welsh zone and wider Irish Sea.

This change is proposed so that former bylaws can be incorporated into a coherent framework for scallop management and so Welsh Government can adaptively manage effort in response to evidence and stakeholder engagement where appropriate.

Welsh Government is not proposing to change the spatial effort restrictions as they currently apply in the 2010 Order and NWNWSFC byelaws.

Proposal 11

Introduce catch recording and reporting requirements for catches of king scallop in the Welsh zone

All commercial scallop fishers have some reporting requirements, but they differ by vessel length. This is a UK/EU legacy. Any reporting associated with fishing licences will remain necessary regardless of any Wales specific reporting requirements.

Ensuring Welsh Ministers have access to real-time catch recording evidence to inform fisheries management decisions will be necessary to enable adaptive management in the Welsh zone. Consequently, this is regarded as a key part of the new framework to operate variable catch limits, temporal and spatial restrictions. In this context, catch recording may be required daily.

Fisheries managers are mindful of the administrative burden on fishers and where additional catch recording is introduced in the Welsh zone, will endeavour to avoid any unnecessary duplication.

Proposal 12

Introduce variable gear specifications to fish for king scallop in the Welsh zone and set a minimum dredge belly ring size of 75mm internal diameter

Generally, the provisions for technical scallop dredging gear in The Scallop Fishing (Wales) (No.2) Order 2010 are well regarded by stakeholders as they are clear and apply appropriate rules according to specific spatial areas of the Welsh zone. These rules only apply as far as the 0-12nm area however. This means that there are very few technical gear requirements in the 12nm-EEZ limit (offshore) part of the Welsh zone.

One issue identified by the WKSAG was that, although the 2010 Order specifies the number of “belly rings” attached to the belly bar, it does not specify the size those belly rings must be. The internal diameter of the belly ring is a crucial part of the selectivity of the dredge. The internal diameter of the belly ring can be smaller than the MCRS for the targeted scallop because scallops are not perfectly circular and the MCRS refers to the widest part of the shell. Smaller scallops also escape through the gaps between rings, depending on how they are linked together.

In addition to in situ gear selectivity, fishers can sort scallop by size on deck, returning undersized scallop near where they were caught. Further work is required to consider the relative impacts of disturbance on the seabed.

Any belly ring size specification needs to account for the sized scallop lawfully targeted and caught. Many stakeholders targeting king scallop in the Welsh zone use belly rings with an internal diameter of approximately 80mm to 90mm to target king scallop of 110mm diameter.

The Isle of Man and Northern Ireland require a minimum belly ring size of 75mm internal diameter for 110mm MCRS scallop. Stakeholders advise that fishers do still vary the size of belly rings above the minimum requirement according to conditions.

It is understood that dredges require regular maintenance and replacement. Any changes would be scheduled to give fishers adequate time to adapt to new requirements.

Welsh Government considers that using the flexibility to make changes to gear specifications to introduce a minimum belly ring size of 75mm would improve selectivity and sustainability of the fishery.

Gear trials and studies are conducted periodically. This can lead to changes in advice on best practice. Being able to vary belly rings sizes as well as other technical gear specifications in future in response to evidence would allow for adaptive management to ensure sustainability.

One development in king scallop fishing where the ability to vary gear requirements could be important in the future is in response to trials of fishing with lights in pots which seem to attract king scallop. Not enough is known about this fishing method to advance any gear specifications at this stage but it is anticipated that this could become necessary in future in the Welsh zone. This proposal would enable fisheries managers to update gear specification as evidence on best practice changes.

The Seafish website has further information about dredges.

Proposal 13

Introduce a variable limit on the number of dredges which vessels may use to fish for king scallop in the Welsh zone and set a maximum limit for dredges in the offshore part of the Welsh zone at 28 (14 per side)

There is no limit on the number of dredges which may be used in the 12nm-EEZ limit / median line (offshore) part of the Welsh zone. This contrasts with the dredge upper limit of 14 dredges in the 6-12nm area of the Welsh zone.

Scotland have introduced a 28 dredge (14 per side) per vessel limit in the offshore part of the Scottish zone. Welsh Government therefore proposes to introduce the ability to set dredge limits in the offshore part of the Welsh zone to align with other UK jurisdictions.

Stakeholders have advised there are no, or very few, scallop dredgers fishing with more than 28 dredges in the Welsh zone so the impact in relation to historical fishing would be limited. Introducing a dredge limit in the offshore area would limit the environmental and stock effects of any potential displacement of large scallop vessels to the Welsh zone.

Proposal 14

Increase the MCRS for queen scallop from 40mm to 55mm in the Welsh zone

This measure is not directly related to the King Scallop FMP.

Traditionally, king scallop and queen scallop have been managed separately although they are related in that they are a similar species and there are similarities in the habitats, fishers, vessels and fishing methods targeting both species.

The MCRS for queen scallop in the Isle of Man in 55mm. The recent UK Government Queen Scallop FMP consultation (on gov.uk) proposed a change to 55mm MCRS for queen scallops in the English zone although this proposal has not been implemented to date.

There are very few management measures for queen scallop in the Welsh zone. The existing MCRS of 40mm derives from retained EU law (Regulation (EU) 2019/1241 of the European Parliament and of the Council).

Queen scallops are present in the Northern Irish Sea. In the Welsh zone queen scallops are mostly found in the areas between the Isle of Man and North Wales.

Welsh Government is of the view that increasing the MCRS for queen scallop is necessary to ensure stock sustainability as larger animals have more opportunity to spawn before being caught and to avoid over-exploitation due to displacement from other neighbouring areas with higher MCRS.

Consultation questions

Question 1

Proposal 1:
Do you agree with the proposal to introduce an annual all-Wales king scallop permit for all vessels taking king scallop by any method in the Welsh zone?
Please explain and provide evidence to support your reasoning where possible.

Question 2

Proposal 2:
Do you agree with the proposal to charge a fee for a permit to contribute towards the cost of sustainable management of the fishery?
Please explain and provide evidence to support your reasoning where possible.

Question 3

Proposal 3:
Do you agree with the proposal to introduce variable catch limits for king scallop in the Welsh zone?
Please explain and provide evidence to support your reasoning where possible.

Question 4 

Proposal 4:
Do you agree with the proposal to introduce a variable Minimum Conservation Reference Size (MCRS) for king scallop in the Welsh zone and change the MCRS offshore south of 52°30′ N from 100mm to 110mm?
Please explain and provide evidence to support your reasoning where possible.

Question 5

Proposal 5:
Do you agree with the proposal to introduce variable Vessel Monitoring System (VMS) requirements for all vessels fishing for king scallop in the Welsh zone and set the VMS data transmission frequency at 10 minutes for vessels over 12 metres in length in the offshore part of the Welsh zone?
Please explain and provide evidence to support your reasoning where possible.

Question 6 

Proposal 6:
Do you agree with the proposal to introduce remote electronic monitoring (REM) with cameras and sensors to fish for king scallop in the Welsh zone?
Please explain and provide evidence to support your reasoning where possible.

Question 7

Proposal 7:
Do you agree with the proposal to introduce variable closed season or seasons for king scallop in the Welsh zone and change the offshore seasonal closure so that the fishery is closed from 1 May to 31 October each year to protect the stock during the spawning period?
Please explain and provide evidence to support your reasoning where possible.

Question 8

Proposal 8:
Do you agree with the proposal to introduce variable temporal (time at sea or time spent fishing) restrictions or closures within the Welsh zone?
Please explain and provide evidence to support your reasoning where possible.

Question 9

Proposal 9:
Do you agree with the proposal to introduce variable spatial restrictions or closures within the Welsh zone?
Please explain and provide evidence to support your reasoning where possible.

Question 10

Proposal 10:
Do you agree with the proposal to introduce variable effort restrictions (engine size, towing capability, vessel length) to fish for king scallop within the Welsh zone?
Please explain and provide evidence to support your reasoning where possible.

Question 11

Proposal 11:
Do you agree with the proposal to introduce catch recording and reporting requirements for catches of king scallop in the Welsh zone?
Please explain and provide evidence to support your reasoning where possible.

Question 12

Proposal 12:
Do you agree with the proposal to introduce variable gear specifications to fish for king scallop in the Welsh zone and set a minimum dredge belly ring size of 75mm internal diameter?
Please explain and provide evidence to support your reasoning where possible.

Question 13

Proposal 13:
Do you agree with the proposal to introduce a variable limit on the number of dredges which vessels may use to fish for king scallop in the Welsh zone and set a maximum limit for dredges in the offshore part of the Welsh zone at 28 (14 per side)?
Please explain and provide evidence to support your reasoning where possible.

Question 14

Proposal 14:
Do you agree with the proposal to increase the Minimum Conservation Reference Size (MCRS) for queen scallop from 40mm to 55mm in the Welsh zone?
Please explain and provide evidence to support your reasoning where possible.

Question 15

What, in your opinion, would be the likely effects of the proposals on the Welsh language? We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English.

  • do you think that there are opportunities to promote any positive effects?
  • do you think that there are opportunities to mitigate any adverse effects

Question 16

In your opinion, could the proposals be formulated or changed so as to:

  • have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English; or
  • mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

Question 17

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