LEGAL CHALLENGE IN SCOTLAND ON SCALLOP DREDGING AND BOTTOM-TRAWLING

Legal challenge in Scotland on scallop dredging and bottom-trawling. The Scottish Government’s current approach to licensing of scallop dredging and bottom-trawling has been ruled “unlawful,” says environmental NGO, Open Seas.

A statement on their website said:

“Now Scottish Ministers must act to stop the damage and protect our marine environment.

“This decision is a win for environmental justice as Scotland’s highest court today rules in favour of our judicial review of the Scottish Government’s licensing decisions in relation to scallop dredging and bottom-trawling.

“These are the most destructive types of fishing used in Scotland and can have a severe impact on fragile marine habitats and the wider marine environment when not properly managed. We argued that the Scottish Government has a duty to take into account the marine environment and sea life when issuing licences for scallop dredging and bottom-trawling – and that it is failing to do so. You can read more about the background to the case here.

“Lord Braid was clear in his opinion that the Scottish Government’s legal duty “expressly requires [it] to take any authorisation decision in accordance with the National Marine Plan unless relevant considerations indicate otherwise.” – and the National Marine Plan requires that activities do not cause significant impacts to Priority Marine Features. You can read the full court decision here.”

Open Seas’ Director Phil Taylor said:

“This decision is a major win for environmental justice and everyone who has campaigned to protect our seas for many years. But it is a hollow victory, because whilst it shows we were right to make this challenge, it reveals that Scottish Ministers have been unlawfully neglecting their legal duty to protect our seas for the last eight years.”

Open Seas continued:

“Scotland’s seabed is a public asset. Healthy seas are crucial to fishing businesses and coastal communities all over Scotland. We brought this case after years of campaigning for change alongside sustainable fishermen, divers, coastal communities and many others. This case has been the culmination of years of frustration with the environmental damage being sanctioned by the Scottish Government.

“Today’s result vindicates the efforts of all of those who have sought to investigate, document and raise the alarm about the destructive impact of scallop dredging and bottom-trawling on Scotland’s seabeds. And we give thanks to the Court of Session, our legal representatives, fellow campaigners, and the many who made this action financially possible, including Wild Justice and other funders.

“But this is not yet a victory.

“As part of our case, we presented recent evidence of damage to vital seabed habitats caused by scallop dredging all around Scotland’s coast: around Flotta in Orkney, Handa in the north west Highlands and Islay in Argyll. Since then, we have had reports of other similar incidents.

“This damage is the result of the Scottish Government’s failure to take these habitats into account when licensing scallop dredging and bottom-trawling. The Scottish Government must act now to stop this ongoing degradation of what is left of Scotland’s seabed habitats.”

Photo credit: Open Seas

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