Campaigners win case over Scottish scallop dredging

Open Seas, a group concerned about the damaging impacts of the fishing method on Scotland’s seabed, accused ministers of being negligent in their regulation.

The ruling by Lord Braid at the Court of Session determined that the National Marine Plan was not considered when determining fishing licence policies by ministers.

Responding to the decision, a Scottish government spokesperson said ministers were currently reviewing the court’s decision, adding: “It would be inappropriate to comment further at this time.”

Open Seas has gathered evidence of the damage inflicted on marine habitats along Scotland’s coast using underwater cameras.

They proposed that the licensing of scallop dredging and bottom-trawling – fishing techniques that use metal rakes or weighted nets dragged across the seabed – is illegal when it causes harm to marine habitats.

Prior to 1984, bottom-trawling was prohibited in all waters within three miles of the shore, but is now permitted in these regions. Open Seas is advocating for the reintroduction of an inshore limit.

The group took legal action in response to a decision by Marine Scotland, a Scottish government agency, to change the conditions of catch quota licences in December 2022.

Its legal representatives highlighted to Lord Braid the obligation of ministers under the Marine (Scotland) Act 2010 to consider both Scotland’s National Marine Plan and the environmental impact on Scotland’s coastline. They stressed that these legislative factors were not considered when policy decisions were made.

The government’s legal team argued that the process was lawful, and that there was no requirement to consider the plan when issuing individual fishing licences.

Lord Braid ruled in favour of Open Seas, stating that the Scottish government was legally required to consult the plan under the 2010 legislation.

He stated: “The plan is to be an integral part of the process of taking a decision.” He added, “It is hard to see how a decision can be taken in accordance with a plan, unless regard is had to that plan.”

Reacting to the verdict, Phil Taylor, director of Open Seas, said the decision as a “major win for everyone who had campaigned to protect our seas”.

He added, however, that it was “hollow”, since it demonstrated the Scottish government’s “unlawful neglect of its legal duty to protect our seas for the last eight years”.