EU law implementation
Common Fisheries Policy
The Common Fisheries Policy (CFP) was the EU’s legal framework for managing shared fishery resources. Some of its aims were: Ensuring sustainable fishing practices and Setting Total Allowable Catches (TACs) and quotas per species/country.
In Scotland, implementation was led by Marine Scotland.
Brexit Impact - With Brexit, the UK left the CFP framework, and fisheries management is now governed by domestic laws. The UK-EU Trade and Cooperation Agreement (TCA) (2020) set transitional arrangements for shared fish stocks and access until 2026. The key UK replacement is Fisheries Act 2020: Establishes a UK-wide legal framework for sustainable fisheries. Introduces Joint Fisheries Statements, new fisheries management plans, and sustainability objectives (Sections 1–10). Under the devolution settlement, Scotland controls fishing within its 12nm zone and manages Scottish-registered vessels.
Fisheries Management Strategy
Post-Brexit, Scotland came up with its Future Fisheries Management Strategy 2020 - 2030, which sets vision for Scotland to be a world class fishing nation, delivering responsible and sustainable fisheries management. This strategy sets out our approach to managing Scotland's sea fisheries from 2020 to 2030, as part of the wider Blue Economy. It explores how we will achieve the delicate balance between environment, economic and social outcomes, and how we will work in partnership with our fisheries stakeholders at home, within the UK, and in an international context, to deliver the best possible results for our marine environment, our fishing industry and our fishing communities.
https://www.gov.scot/publications/scotlands-future-fisheries-management-strategy-2020-2030/pages/2/
Water Framework Directive - 2000/60/EC
The WFD requires all surface and coastal waters to achieve “Good Ecological Status” (GES) or Good Environmental Potential by setting targets for:
1. Pollution control
2. Chemical & biological water quality
3. River Basin Management Planning (RBMP)
Scotland transposed WFD into law via: Water Environment and Water Services (Scotland) Act 2003; Enforced by SEPA (Scottish Environment Protection Agency) under River Basin Management Planning which protects and improves Scotland’s water environment for the benefit of people, wildlife and the economy.
Post-Brexit, WFD remains part of retained EU law, and Scotland continues to follow its principles.
https://www.sepa.org.uk/environment/water/river-basin-management-planning/
Bathing Water Directive - 2006/7/EC
The Directive protects public health at designated bathing waters, setting standards for: Intestinal enterococci and E. coli, Public notification and signage and Real-time monitoring and pollution source identification.
It transposed into Scots law by:
1. The Bathing Waters (Scotland) Regulations 2008
2. Enforced by SEPA, with annual monitoring and public reports.
SEPA monitors multiple designated bathing waters, including Stonehaven, Aberdeen, Fraserburgh, Montrose, Cruden Bay, Balmedie among others.
2023 data shows most NE Scotland beaches rated 'Excellent' or 'Good', though occasional rainfall events cause short-term pollution spikes.
https://bathingwaters.sepa.org.uk
Habitats Directive (92/43/EEC) & Birds Directive (2009/147/EC)
Together these two directives created the Natura 2000 network of protected areas:
1. Special Areas of Conservation (SACs) under the Habitats Directive.
2. Special Protection Areas (SPAs) under the Birds Directive.
Directives -
> Protect habitats and species of European importance (e.g. sand dunes, bottlenose dolphins, migratory birds)
> Regulate activities that could harm designated sites
> Require Appropriate Assessment before consent for developments
These directives are retained in UK law post-Brexit via: Conservation of Habitats and Species Regulations 2017 (as amended); In Scotland, implemented through The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended)
Protected Sites in NE Scotland
1. Ythan Estuary and Sands of Forvie (SAC & SPA) - important of terns, eider ducks and dune habitats.
2. River Dee SAC – For Atlantic salmon and freshwater pearl mussel
3. Buchan Ness to Collieston Coast SPA
4. Moray Firth SAC – Bottlenose dolphins
5. North-East Faroe-Shetland Channel MPA
6. Southern Trench MPA - located off the Moray coast, it protects minke whales and specific oceanographic features.
NatureScot oversees site management, with public authorities (e.g. councils, Marine Scotland) under a legal duty to avoid harm to these areas.
Notes
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Status
Not Live - Next review due 24/01/2026
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Contact us
Telephone: 07971149117
E-mail: ian.hay@stateofthecoast.scot
