Fears have been raised that the Scottish Government could be seeking to “sidestep its legal obligations” to the marine environment with the publication of its latest national marine plan.
Campaigners at the charity Open Seas said the draft planning position statement, which outlines ministers’ approach to updating the marine plan, could reduce vital protections.
Director Phil Taylor fears this could result in “loosening environmental safeguards at a time when the biodiversity and climate crises demand action”.
It comes after Open Seas successfully mounted a legal challenge to the Scottish Government in 2023 over its approach to licensing for scallop dredging – with that decision then upheld by the Court of Session last year.
Taylor said however the latest proposals from ministers “suggest they’ve not learned from those rulings”.
Open Seas fears the Scottish Government could remove “whole sections of policies about fisheries” from the National Marine Plan, and also claims new high-level objectives to be set out in this will be “less clear and weaker” than existing rules.
It is urging the Government to strengthen these high-level objectives to bring them in line with existing rules.
Open Seas is also calling on ministers to bring in spatial planning for fisheries – which it said would help ensure activities in these areas are sustainable.
Taylor said: “By dismissing spatial planning for fisheries, the Government is not only ignoring a proven tool for sustainable management, but also risks creating a two-tier system where fishing is excluded from marine planning decisions.”
Adding that ministers’ existing environmental policies are “good”, he argued: “The difficulties have arisen from a failure of implementation by this Government.
“Delivering their commitments is where they now need to focus, not on moving and weakening the goalposts yet again.
“We are particularly concerned that this may be yet another attempt by the Scottish Government to sidestep its legal obligations.
“Our successful judicial reviews in 2023 and 2024 exposed the Government’s failure to follow environmental laws when overseeing fishing, and to attempt to override the will of the Scottish Parliament.
“These proposals suggest they’ve not learned from those rulings.
“This isn’t just about environmental policy – it’s about trust in Government decision-making.
“The proposed changes are a backward step and at odds with Scotland’s existing commitments to sustainability and climate action.”
A Scottish Government spokesperson said: “The decisions which govern our oceans are vital to the future of our planet. The national marine plan 2 (NMP2) seeks to support sustainable development of our seas, protect our marine environment, and deliver for our coastal communities.
“The planning position statement (PPS) draws together current early stage work in the development of NMP2, and includes draft high level objectives which set out the aims for marine planning in Scotland.
“Planning policy will be developed over the coming year and will be informed by the feedback on this consultation and other considerations, including the current inshore fisheries management improvement programme call for evidence, and the raft of work being undertaken as part of our ten-year fisheries management strategy.
“The public consultation on the PPS is currently open until January 28 and we are keen to hear all views from across Scotland to help shape work to develop the policies for a new plan that will be subject to a separate public consultation.”
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