NFFO said that most of its response are directed to the Scottish administration’s original consultation on a separate quota management system are still relevant and stand. It is also noted that a number of adjustments have been made to some of the detailed arrangements proposed, including different variants on how to unilaterally define “Scottish” quota and to apply a Scottish economic link requirement to FQA units deemed to be Scottish.
According to NFFO this part of the proposal is almost certainly illegal, being outside the terms of the devolution settlement as defined in the Scotland Act. The paper posits two alternative ways of imposing Scottish economic link requirements: Either all FQAs transferred out of Scotland would have to be attached to an active Scottish licence and those seeking to employ the quota would have to lease it, or alternatively, an economic link applied through a dual system of licensing would compel vessels holding such units to meet certain licence conditions.
It is told that in order to unilaterally establish a separate quota system, on the lines outlined in the two consultation papers, in light of the clear and unequivocal legal advice that it would be outside the law, would be irresponsible and lead to unnecessary conflict at a time when a coherent, unified UK approach is paramount. NFFO said that the moves towards a separate quota management system are driven primarily by narrow political considerations rather than what is desired by, or good for, the Scottish or any other part of the UK fishing industry.
