Title: Southern IFCA Minimum Conservation Impact Assessment (IA) Reference Size Byelaw Date: 11/06/2020 Impact Assessment Stage: Development/Options IA No: Southern IFCA 017 Source of intervention: Domestic RPC Reference No: N/A Type of measure: Secondary legislation Lead department or agency: Southern Inshore Fisheries and Contact for enquiries: Conservation Authority (IFCA) Simon Pengelly Other departments or agencies: Department for the Environment, Evidence Team Leader, Southern IFCA Fisheries and Rural Affairs (Defra), Marine Management Organisation [email protected] (MMO) 01202 721373 RPC Opinion: RPC Opinion Status 1 Summary: Intervention and Options Cost of Preferred (or more likely) Option (in 2017 prices) Total Net Present Social Business Net Present Net cost to business per Business Impact Value Value year Target Status Qualifying provision £-150,866.50 £-9,736.70 £1,131.20 What is the problem under consideration? Why is government intervention necessary? The application of Minimum Conservation Reference Sizes (MCRS) is an effective tool for the sustainable management of fisheries and enables the sustainable development of fisheries within the district. Regulation (EU) 2019/1241 establishes that MCRS apply only in relation to commercial fishing and removes the existing prohibition on the transhipping, landing, transporting, storing, selling and displaying or offering for sale undersize marine organisms. For those species not listed in relevant Southern IFCA minimum size byelaws, there is no effective enforcement regime in respect of undersized fish and shellfish for recreational fishers and no enforcement in respect of trans-shipment, landing, transporting, storing, displaying and offering for sale of undersized fish and shellfish. The proposed byelaw will amalgamate MCRS measures which currently exist under a range of legislation and apply these to all fishery participants in the Southern IFCA district. In addition, the byelaw will introduce increases to the MCRS for grey mullet species and crawfish to support the sustainable management of these fisheries, and a new statutory MCRS will be applied to wrasse species, adopting measures previously applied through fishery guidance in the district. What are the policy objectives and the intended effects? Through the protection of juvenile marine species, to: i) enhance the sustainability of fisheries of the Southern IFCA district; ii) make a contribution to the achievement of sustainable development; and iii) balance the different needs of persons engaged in the exploitation of sea fisheries resources in the district. What policy options have been considered, including any alternatives to regulation? Please justify preferred option (further details in Evidence Base) 0. Do nothing. 1. Create a single Southern IFCA Minimum Conservation Reference Size Byelaw. 2. Voluntary measures. All options are compared to Option 0, the preferred option is Option 1. Will the policy be reviewed? It will be reviewed. If applicable, set review date: 03/2023 Does implementation go beyond minimum EU requirements? N/A Is this measure likely to impact on trade and investment? N/A Are any of these organisations in scope? MicroYes SmallYes MediumYes LargeYes What is the CO2 equivalent change in greenhouse gas emissions? Traded: Non-traded: (Million tonnes CO2 equivalent) I have read the Impact Assessment and I am satisfied that, given the available evidence, it represents a reasonable view of the likely costs, benefits and impact of the leading options. Signed by the responsible Chair: Date: 1 2 Summary: Analysis & Evidence Policy Option 1 Description: FULL ECONOMIC ASSESSMENT Price Base PV Base Time Period Net Benefit (Present Value (PV)) (£) Year 2017 Year 2017 Years 10 Low: Optional High: Optional Best Estimate: -171,127.90 COSTS (£) Total Transition Average Annual Total Cost (Constant Price) Years (excl. Transition) (Constant Price) (Present Value) Low Optional Optional Optional High Optional Optional Optional Best Estimate 11,044.38 20,288.50 171,127.90 Description and scale of key monetised costs by ‘main affected groups’ The total first-year monetised costs for the UK fishing industry associated with the introduction of the proposed measures are estimated to be £11,785.09. These costs are likely to arise as a consequence of loss of catch as a consequence of the increased minimum conservation reference size for grey mullet species, equating to approximately 12% of all catches. It is not anticipated that Southern IFCA will incur any additional costs associated with ensuring compliance with the new measures. It is estimated that the cost of introducing the recommended byelaw including the costs associated with legal review and advertising the new byelaw will be approximately £11,044.38. Other key non-monetised costs by ‘main affected groups’ As a consequence of loss of catch there is the potential for fishers and related businesses to experience a loss in income as a result of the recommended byelaw. There is also the potential for the displacement of fishing effort to other areas, potentially creating additional conflict with other users and reducing the sustainability of fisheries and the marine environment. BENEFITS (£) Total Transition Average Annual Total Benefit (Constant Price) Years (excl. Transition) (Constant Price) (Present Value) Low Optional Optional Optional High Optional Optional Optional Best Estimate 0 0 0 Description and scale of key monetised benefits by ‘main affected groups’ It is not possible to estimate monetised benefits at this point. Other key non-monetised benefits by ‘main affected groups’ It is anticipated that the proposed measures will benefit the sustainability of fish and shellfish populations through a reduction in fishing mortality of juvenile species. A reduction in juvenile fish and shellfish mortality will increase the potential for these populations to reproduce, which will benefit adjacent fisheries, both commercial and recreational. The amalgamation of MCRS measures for all fish and shellfish species in the Southern IFCA district under a single byelaw has the potential to improve the understanding of these measures and as a consequence, compliance with the measures. The proposed byelaw will apply to all persons at all stages of the supply chain, from take to sale, removing any uncertainty associated with how different MCRS restrictions may apply to different fishery users. Key assumptions/sensitivities/risks Discount rate (%) 3.5 Information has been gathered from stakeholders through stakeholder consultation meetings and liaison. A key assumption of intervention is that there will be compliance with the measures and that the measures will achieve the policy objective. Costs to fishers have been calculated using MMO landings data. BUSINESS ASSESSMENT (Option 1) Direct impact on business (Equivalent Annual) £: Score for Business Impact Target (qualifying provisions only) £: 5,655.8 Costs: Benefits: Net: 1,283.10 0.0 1,283.10 2 Evidence Base 1 Introduction 1.1 This Impact Assessment (IA) is for the Southern Inshore Fisheries and Conservation Authority (IFCA) Minimum Conservation Reference Size Byelaw. This byelaw will affect all persons who fish for sea fisheries resources in the Southern IFCA district. There is the potential for those fishers who catch grey mullet species (Chelon spp.) and crawfish (Palinurus spp.) in the Southern IFCA district to incur a monetised cost as a result of the proposed measures. The IA indicates why the option being recommended is the preferred option for management. 1.2 Southern IFCA has consulted the community on the development of these measures prior to the making of the byelaw through informal consultation1. 2 Rationale for intervention 2.1 The nationally agreed vision of the IFCAs is that they will: “…lead, champion and manage a sustainable marine environment and inshore fisheries within their Districts by successfully securing the right balance between social, environmental and economic benefits to ensure healthy seas, sustainable fisheries and a viable industry…” 2.2 Southern IFCA has a duty to manage the exploitation of sea fisheries resources in the district to ensure that it is carried out in a sustainable manner, whilst balancing the different needs of persons engaged in the exploitation of sea fisheries resources in the district. 2.3 Fishing can potentially cause negative outcomes as a result of ‘market failures’. These failures can be described as: • Public goods and services – A number of goods and services provided by the marine environment such as biological diversity are ‘public goods’ (no-one can be excluded from benefiting from them, but use of the goods does not diminish the goods being available to others). The characteristics of public goods, being available to all but belonging to no-one, mean that individuals do not necessarily have an incentive to voluntarily ensure the continued existence of these goods which can lead to under-protection/provision. • Negative externalities – Negative externalities occur when the cost of damage to the marine environment is not fully borne by the users causing the damage. In many cases no monetary value is attached to the goods and services provided by the marine environment and this can lead to more damage occurring than would occur if the users had to pay the price of damage. Even for those marine harvestable goods that are traded (such as wild fish), market prices often do not reflect the full economic cost of the exploitation or of any