12. Commercial Fisheries

12.1. Introduction

This chapter of the Array Environmental Impact Assessment (EIA) Report presents the assessment of the likely significant effects (LSE1) (as per the EIA Regulations) on commercial fisheries as a result of the Ossian Array which is the subject of this application (hereafter referred to as “the Array”). Specifically, this chapter considers the potential impacts on commercial fisheries during the construction, operation and maintenance, and decommissioning phases.
The following technical chapters also inform the assessment presented in this chapter:

volume 2, chapter 9: Fish and Shellfish Ecology where effects on the ecology of fish and shellfish, including species of commercial interest, are assessed;
volume 2, chapter 13: Shipping and Navigation where effects on the navigational safety aspects of fishing activity are assessed; and
volume 2, chapter 18: Socio-Economics where effects on other businesses are assessed.

This chapter summarises information contained within volume 3, appendix 12.1.
This chapter assesses the LSE1 of the Array on commercial fisheries activity, which is understood as fishing activity legally undertaken where the catch is sold for taxable profit.

12.2. Purpose of the Chapter

The Array EIA Report provides the Scottish Ministers, statutory and non-statutory stakeholders with adequate information to determine the LSE1 of the Array on the receiving environment.
The purpose of this commercial fisheries Array EIA Report chapter is to:

present the existing environmental baseline established from desk studies, site-specific surveys and consultation with stakeholders;
identify any assumptions and limitations encountered in compiling the environmental information;
present the environmental impacts on commercial fisheries arising from the Array and reach a conclusion on the LSE1 on commercial fisheries, based on the information gathered and the analysis and assessments undertaken; and
highlight any necessary monitoring and/or mitigation measures which are recommended to prevent, reduce or offset the likely significant adverse environmental effects of the Array on commercial fisheries.

12.3. Study Area

The Array is located within the north-west portion of the International Council for the Exploration of the Seas (ICES) Division 4b (Central North Sea) statistical area; within the United Kingdom (UK) Exclusive Economic Zone (EEZ) waters (which is the area that extends from the UK territorial waters 12 nm boundary out to 200 nm). For the purpose of recording fisheries landings, ICES Division 4b is divided into statistical rectangles which are consistent across all ICES member countries operating in the North Sea (ICES, 1977).
The Array is located primarily within ICES rectangle 42E9, with small overlaps into ICES rectangles 42F0 and 41E9. These three ICES rectangles form the commercial fisheries local study area for the purposes of the EIA ( Figure 12.1 Open ▸ ). In order to understand fishing activity in waters adjacent to the Array, a commercial fisheries regional study area has been defined to include the commercial fisheries local study area together with surrounding ICES rectangles 41E8, 41F0, 42E8, 43E8, 43E9 and 43F0 ( Figure 12.1 Open ▸ ). Analysis of data at the scale of the commercial fisheries regional study area takes into consideration that most commercial fish and shellfish receptor populations are distributed at a wider spatial scale, ensuring that potential implications of displacement of fishing activity can be adequately understood.
To summarise, there are two scales of commercial fisheries study areas (Zones of Influence (ZoIs)) as follows:

commercial fisheries local study area: encompassing the Array and ICES Rectangles 42E9, 42F0 and 41E9; and
commercial fisheries regional fisheries study area: encompassing the Array and ICES Rectangles 41E8-F0, 42E8-F0, and 43E8-F0.

12.4. Policy and Legislative Context

Volume 1, chapter 2 of the Array EIA Report presents the policy and legislation of relevance to renewable energy infrastructure. Policy specifically in relation to commercial fisheries, is contained in the Sectoral Marine Plan for Offshore Wind Energy (SMP) (Scottish Government, 2020), Scotland’s National Marine Plan (NMP) (Scottish Government, 2015) and the UK Marine Policy Statement (MPS) (HM Government, 2011). Table 12.1 Open ▸ presents a summary of the policy provisions relevant to commercial fisheries. Table 12.2 Open ▸ sets out guidance relevant to commercial fisheries impact assessment.

Table 12.1: Summary of Key Policy Provisions Relevant to Commercial Fisheries

Summary of Relevant Policy	How and Where Considered in the Array EIA Report
NMP (Scottish Government, 2015)
Contains sector-specific policies relevant to offshore wind and commercial fisheries. Policies under Chapter 4 General Policies are of relevance to commercial fisheries, specifically GEN 4 which encourages proposals to enable coexistence and developments that do not result in areas being unsuitable for future use by others. Policies under Chapter 6 Sea Fisheries (‘FISHERIES 1 – 5’) are considered relevant to commercial fisheries. Policies seek to safeguard existing fishing opportunities and activities wherever possible and advise that mechanisms for managing conflicts between the fishing sector and other users of the marine environment should be in place. (FISHERIES 1) Preparation of a Fisheries Management and Mitigation Strategy (FMMS) is recommended where existing fishing opportunities and activity cannot be safeguarded. (FISHERIES 3). Chapter 6 Sea Fisheries provides principles for interactions with other users (paragraph 6.22), including short-term displacement of fishing during installation, potential damage to fishing equipment and following best practice guidance (paragraph 6.26). In addition, Chapter 11 Offshore Wind and Marine Renewable Energy provides principles for interactions with other users (paragraphs 11.26-11.29), including physical competition for space due to the impact of the physical presence of structures and encourages an inclusive approach to minimise and avoid impacts; and participation in working groups to develop co-existence and mitigation. Policies under Chapter 14 Submarine Cables (CABLES 2) are considered relevant to commercial fisheries. Policies seek to minimise impacts on the environment and other users, reduce conflict with other users, ensure suitable protection where burial is not feasible and use of post-lay surveys, monitoring and remedial action where required. In addition, Chapter 14 Submarine Cables provides principles for interactions with other users (paragraphs 14.8-14.11), including burial and protection to reduce conflict with other users and prevent damage to cables, engagement with stakeholders and provision of information under the KIS-ORCA (Kingfisher Information Service – Offshore Renewable & Cable Awareness) project.	Reflecting the key concerns and issues that should be addressed in an impact assessment and any FMMS (outline FMMS provided in volume 4, appendix 23), the EIA Report:  sets out key guidance that is adhered to ( Table 12.2 Open ▸ );  assesses the LSE1 of the Array on commercial fisheries in section 12.11; and  sets out measures to mitigate significant constraints that the Array may place on commercial fishing activity in section 12.10 and 12.11.
SMP for Offshore Wind Energy (Scottish Government, 2020)
Identifies plan option areas for offshore wind farm development and identifies key consenting issues associated with development. Potential impacts on commercial fishing are identified as a key risk factor to development in East Region plan option areas. (4.5)	Reflecting the key risk factors identified in the East Region Plan Option areas, this chapter presents an assessment of the LSE1 on commercial fisheries in section 12.10.
UK MPS (HM Government, 2011)
Explicitly expresses support for the fishing sector, and with regard to displacement, advocates "Wherever possible, decision makers should seek to encourage opportunities for co-existence between fishing and other activities” (3.8.10). Specifically, paragraphs 3.8.1, 3.8.2, and 2.3.1.5 stipulate that the process of marine planning should “should identify areas of constraint and locations where a range of activities may be accommodated” and supports the reduction of real and potential conflict as well as maximising compatibility between marine activities and encouraging co-existence of multiple uses.	Reflecting the desire for co-existence of activities in the marine environment, this chapter presents an assessment of the LSE1 on commercial fisheries in section 12.11 and identifies measures to encourage co-existence in section 12.10.

Table 12.2: Summary of Key Guidance Provisions Relevant to Commercial Fisheries

Summary of Relevant Policy	How and Where Considered in the Array EIA Report
Good Practice Guidance for assessing fisheries displacement by other licensed marine activities (Scottish Government, 2022)	In addition to the general approach and guidance outlined in volume 1, chapter 6, the assessment of potential impacts on commercial fisheries receptors also complies with the listed guidance documents where they are specific to this topic.
Best Practice Guidance for Fishing Industry Financial and Economic Impact Assessments (United Kingdom Fisheries Economic Network and Seafish, 2012)
Fisheries Liaison with Offshore Wind and Wet Renewables group (FLOWW) Recommendations for Fisheries Liaison: Best Practice guidance for offshore renewable developers (FLOWW, 2014 and noted to be currently in the process of being updated)
FLOWW Best Practice Guidance for Offshore Renewables Developments: Recommendations for Fisheries Disruption Settlements and Community Funds (FLOWW, 2015)
Options and opportunities for marine fisheries mitigation associated with wind farms (Blyth-Skyrme, 2010a)
Developing guidance on fisheries Cumulative Impact Assessment for wind farm developers (Blyth-Skyrme, 2010b)
Guidelines for data acquisition to support marine environmental assessments of offshore renewable energy projects. Contract report: ME5403 (Centre for Environment Fisheries and Aquaculture Science (Cefas), 2012)
Guidelines for liaison with the fishing industry on the United Kingdom Continental Shelf UKCS – Issue 8 (Offshore Energies UK, 2023);
Fishing and Submarine Cables - Working Together (International Cable Protection Committee, 2009)
European Subsea Cables Association (ESCA) Guideline 01 and Appendices (ESCA, 2018);
Guidance on preparing a Fisheries Management and Mitigation Strategy (Draft) (Marine Scotland, 2020)

A map of a large area

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Figure 12.1: Commercial Fisheries Study Areas

12.5. Consultation

Table 12.3 Open ▸ presents a summary of the key issues raised during consultation activities undertaken to date specific to commercial fisheries for the Array and in the Array EIA Scoping Opinion (Marine Directorate – Licensing Operations Team (MD-LOT), 2023) along with how these have these have been considered in the development of this commercial fisheries Array EIA Report chapter. Further detail is presented within volume 1, chapter 5.

Table 12.3: Summary of Issues Raised During Consultation and Scoping Opinion Representations Relevant to Commercial Fisheries

Date	Consultee and Type of Consultation	Issue(s) Raised	Response to Issue Raised and/or Where Considered in this Chapter
Relevant Consultation to Date
June 2022	E1 East [Ossian] commercial fisheries meeting Meeting with Scottish Fishermen’s Federation (SFF) and Scottish White Fish Producers Association (SWFPA)	Applicant provided introduction to Ossian and the Array. The SWFPA and SFF raised concern related to historic ‘small haddock’ fishery in the area.	Baseline commercial fisheries activity, including demersal otter trawl activity from 2011 to 2022, is presented in section 12.7 and volume 3, appendix 12.1.
November 2022	Ossian Array EIA Pre-Scoping Workshop meeting with MD-LOT, Marine Directorate – Science, Evidence, Data and Digital (MD-SEDD) (formerly Marine Scotland Science (MSS)), NatureScot, SFF and SWFPA	Applicant provided introduction to Ossian and the Array and presented the approach to Scoping including baseline data to be considered and initial consideration of scope of the EIA. MD-LOT and MD-SEDD encouraged the use of surveillance data as part of the baseline. The geographic scope of the cumulative effects assessment was discussed and it was noted that scallop dredge vessels operate around the entirety of the UK.	Baseline commercial fisheries activity is presented in section 12.7 and volume 3, appendix 12.1, including surveillance data by gear type and vessel nationality. The geographic scope of the cumulative effects assessment is presented in section 12.12, confirming UK-wide consideration of cumulative effects to the scallop dredge fleet.
September 2023	Meeting with Scottish Pelagic Fishermen’s Association (SPFA)	Applicant provided introduction to Ossian and the Array. Discussion of pelagic trawl fishing activity in and around the Array. SPFA confirmed that the Array is not considered to be key pelagic trawl grounds, although noted a short herring season in the summer that operates within the commercial fisheries local study area, but not specifically within the Array.	Baseline commercial fisheries activity, including pelagic trawl activity, is presented in section 12.7 and volume 3, appendix 12.1. Potential impacts to pelagic fisheries including the seasonal herring fishery are assessed in the impact assessment in section 12.11.
January 2024	Meeting with SFF and SWFPA	Applicant provided update on the Array and baseline assessment, including landings statistics with an extended timeline of 2011 to 2022. SWFPA queried if Vessel Monitoring System (VMS) data is available for the years before 2016.	Ossian Offshore Wind Farm Limited (Ossian OWFL) (hereafter referred to as ”the Applicant”) confirms that Figure 12.6 Open ▸ presents long term landing trends for key species including haddock, and that volume 3, appendix 12.1 includes VMS data from 2011 to 2020.
Scoping Opinion
June 2023	MD-LOT	The Scottish Ministers are content with the proposed study area.	Noted, the commercial fisheries local and regional study areas are confirmed in section 12.3 and the commercial fisheries local study area is unchanged from that presented within the Array EIA Scoping Report (Ossian OWFL, 2023). The Applicant highlights that a commercial fisheries regional study area has been defined to ensure any displacement concerns can be adequately assessed.
		The Scottish Ministers are also broadly content with the data sources used to characterise the baseline as listed by the Developer in Section 7.1.3 and Appendix 10 of the Scoping Report.	Noted, data sources are confirmed in section 12.6.1.
		The Scottish Ministers however highlight the representation from the SFF who request that fishing industry records are reviewed alongside the baseline data already presented.	The Applicant confirms that fishing industry records for demersal otter trawl, demersal seine and pelagic trawl activity have been reviewed to sense-check the data. This was provided by the SPFA during the September 2023 meeting and the SFF in April 2024.
		In addition Scottish Ministers, in line with MSS advice, advise the Developer to include Marine Directorate and Marine Management Organisation surveillance sightings data to further improve the baseline fisheries data obtained from the study area.	The Applicant confirms that surveillance data has been obtained and presented in volume 3, appendix 12.1.
		The Scottish Ministers agree with the impacts scoped into the EIA Report, however, highlight the SFF representation and advice, for the avoidance of doubt that the worst case scenario is assessed in relation to long term loss or restricted access to fishing grounds.	Noted, the scope of the assessment and maximum design scenario for all impacts scoped into assessment are confirmed in section 12.8.
		As regards monitoring and mitigation, the Scottish Ministers highlight the representation from the SFF as regards monitoring of the following impacts: temporary loss or restricted access to fishing grounds, long term loss or restricted access to fishing grounds, displacement of fishing activity in other areas and interference with shipping activity. The Scottish Ministers advise that the representation from the SFF must be fully considered by the Developer in the EIA Report.	Commitments to mitigation are presented in sections 12.10 and 12.11 Whilst The EIA has not predicted a significant effect on an active fishery during construction or operation, the Applicant understands the importance of increasing the knowledge of how commercial fisheries will interact with operational floating offshore wind farms. We will therefore monitor fishing activity through utiliusing sing existing commercial fisheries datasets, including landings data, VMS, AIS and surveillance sightings to understand how fisheries use the area for the first 5 years of operation. This information will be detailed in the FMMS.
		The Scottish Ministers advise that in identifying appropriate mitigation measures, the Developer must consider the different types of fishing that take place within the Proposed Development and engage with the wider fishing industry to seek broad agreement on measures proposed.	Commitments to mitigation are presented in sections 12.10 and 12.11 . Commitments include the preparation of a FMMS (outline FMMS provided in volume 4, appendix 23) that will be engaged upon with the fishing industry. The FMMS includes the principles for liaison, management and mitigation for the wider fishing industry, as well as setting out the process for mitigating any significant impacts identified for specific commercial fishing fleets.
		The Scottish Ministers advise that when detailing the mitigation measures the Developer must clearly state commitments and explain any caveats to these commitments, such as EIA significance, so that stakeholders can easily understand the actual commitment(s) made.	Commitments to mitigation are presented in sections 12.10 and 12.11.
		The Scottish Ministers welcome the engagement with fisheries representatives that has been undertaken so far and recommend that early engagement with fisheries representatives is continued as outlined in the SFF and Fife Council representations.	The Applicant acknowledges the importance of early and continued engagement with commercial fisheries representatives and confirm engagement will continue throughout the consenting process and beyond.
June 2023	MD-SEDD Scoping Representation (April 2023)	MSS advise that the commercial fisheries assessment for the EIA would benefit from the addition of MMO/Marine Scotland surveillance sightings data. This would help to further improve the baseline fisheries data for the study area.	The Applicant confirms that surveillance sightings data were requested, obtained and are presented in volume 3, appendix 12.1.
June 2023	SFF Scoping Representation (April 2023).	The SFF is very concerned that this development is in such a rush to build and produce power that the Project Design Envelope (PDE) commonly known as Rochdale Envelope is going to be stretched to the limit. Turbines are not defined, mooring systems are not defined, cabling is not defined, customers are not defined, with this lack of clarity a terrestrial planning authority would be hard pushed to accept such an application.	The Applicant confirms that the maximum design scenario (MDS) has been assessed in relation to all potential impacts on commercial fisheries, as confirmed in section 12.8 and considered in the impact assessment in section 12.11.
		Because of lack of technical specification for any of the mooring systems, it is impossible to comment on the consequences of design. For example, using 9 moorings for each turbine, worst case scenario could require up to 2 km for moorings which could technically leave no room for fishing between the turbines and create massive snagging hazard for the fishing vessels. The SFF will not consider that the developers have provided enough information to grant the license.	The Applicant confirms that the MDS has been assessed in relation to all potential impacts on commercial fisheries, including long term loss or restricted access to fishing grounds. While catenary mooring systems remain a design option, this MDS equates to complete loss of active fishing access within the Array, as confirmed in section 12.8 and considered in the impact assessment in section 12.11.
		Regarding baseline data, the SFF advises to compare datasets with the fishing industry records to sense-check the data.	The Applicant confirms that fishing industry records for demersal otter trawl, demersal seine and pelagic trawl activity have been reviewed to sense-check the data. In addition, based on industry feedback, a long term data series for both landing statistics and VMS data have been analysed and presented in section 12.7 and volume 3, appendix 12.1.
		The SFF would expect to see the baseline for commercial fishery to monitor the impact for the life-time of the project.	The Applicant agrees that long term monitoring of commercial fisheries should be undertaken throughout the lifetime of the project. It is proposed that this monitoring will be defined within the FMMS and utilise existing commercial fisheries datasets, including landings data, VMS and surveillance sightings.
		Given the worst case scenario is no fishing within the project area so this should be scoped in.	The Applicant confirms that the MDS has been assessed in relation to long term loss or restricted access to fishing grounds. The Applicant remains open to exploring opportunities for coexistence, however, while catenary mooring systems remain a design option, this MDS assumes that active fishing would not resume within the Array for all gear types recorded in the study area, as confirmed in section 12.8 and considered in the impact assessment in section 12.11.
June 2023	Fife Council Scoping Representation (March 2023).	Fife Council would reiterate their comments on all wind farm projects in the North Sea that representatives of the East Coast Fishing industry should be given the opportunity to comment on the proposals at each stage of development.	The Applicant confirms that consultation is ongoing with a number of associations that represent the fishing industry operating along the east coast, including SFF, SWFPA and SPFA.

12.6. Methodology to Inform Baseline

Commercial fisheries information and data has been reviewed and analysed to inform this commercial fisheries baseline. In addition, consultation with commercial fisheries industry representatives has been carried out to aid the collection of baseline information.

12.6.1. Desktop Study

Information on commercial fisheries within the commercial fisheries study area was collected through a detailed desktop review of existing studies and datasets which are summarised in Table 12.4 Open ▸ .
Data has been sourced from ICES, the European Union (EU) Data Collection Framework (DCF), the Marine Directorate National Marine Plan interactive (NMPi), the UK Marine Management Organisation (MMO) and the European Maritime Safety Agency (EMSA).
Where data sources allow, a five to ten-year trend analysis has been undertaken, using the most recent annual datasets available at the time of writing. The temporal extent of this time period is dependent on each data source analysed, e.g. 2012 to 2016; 2016 to 2020; or 2011 to 2022.
Relevant literature from a number of sources has also been reviewed in the preparation of this report. A full list of references is provided at the end of this report and are cited within the text where appropriate.
The commercial fisheries technical report (volume 3, appendix 12.1) includes full details of the analysis undertaken to develop the commercial fisheries baseline.

Table 12.4: Summary of Key Desktop Reports

Title	Source	Extent	Year	Author
Landings statistics data for UK-registered vessels, with data query attributes for: landing year; landing month; vessel length category; ICES rectangle; vessel/gear type; port of landing; species; live weight (tonnes); and value (£).	MMO	2011 to 2022	2022a; 2023a	MMO
Landings statistics for EU registered vessels with data query attributes for: landing year; landing quarter; ICES rectangle; vessel length; gear type; species; and, landed weight (tonnes).	EU DCF database	2012 to 2016	EU DCF, 2022	EU DCF database
VMS data for UK registered vessels ≥15 m length. Note that UK vessels ≥12 m in length have VMS on board, however, to date, the MMO provide amalgamated VMS datasets for ≥15 m vessels only. VMS data sourced from MMO displays the first sales value (£) of catches.	MMO	2011 to 2020	MMO, 2022b	MMO
VMS data for EU registered vessels ≥12 m length. VMS data sourced from ICES displays the surface Swept Area Ratio (SAR) of catches by different gear types and covers EU (including UK) registered vessels 12 m and over in length. Surface SAR indicates the number of times in an annual period that a demersal fishing gear makes contact with (or sweeps) the seabed surface. Surface SAR provides a proxy for fishing intensity.	ICES	2016 to 2020	ICES, 2022	ICES
Fishing vessel route density, based on vessel Automatic Identification System (AIS) positional data. AIS is required to be fitted on fishing vessels ≥15 m length.	EMSA	2019 to 2022	EMSA, 2023	EMSA
Surveillance data indicating vessel nationality and gear type for actively fishing vessels.	MMO	2017 to 2022	MMO, 2023b	MMO

12.6.2. Site-Specific Surveys

No site-specific surveys have been undertaken to inform the EIA for commercial fisheries. Baseline data sources have been validated via engagement with fisheries stakeholders (see Table 12.3 Open ▸ ) and by the results of site-specific marine traffic surveys that are described in volume 2, chapter 13.
The shipping and navigation EIA chapter (volume 2, chapter 13) analysed 12-months of AIS data for the 2022 period. AIS is only mandatory for fishing vessels of 15 m length and over, and therefore there is potential for fishing vessel activity to be underrepresented within the dataset.
Fishing vessels made up 4% of all vessels recorded on AIS during the 2022 data period. Fishing activity was determined by vessel speed, destination, track behaviour, and navigational status information transmitted via AIS. The shipping and navigation study area covers the Array plus a 10 nm buffer applied around the site boundary. A vessel traffic survey was undertaken over a period of 28 days (14 days in the summer and 14 days in the winter) to characterise the shipping and navigation baseline. Overall, fishing was relatively low in the shipping and navigation study area across the data period with the majority of vessels in transit to/from fishing grounds notably transiting north-west to south-east (see Figure 3.15 of volume 3, appendix 13.1). Only a small proportion of fishing vessels were considered to be involved in likely active fishing activity. These vessels were noted to the south-east extent and the north of the study area, and only engaged in likely activity during the months of May, June, and September.
Based on the AIS data assessment, the presence of fishing vessels can be regarded as seasonal with a greater average of unique vessels per day being recorded across the spring and summer months when compared with winter. On average, one fishing vessel was seen within the shipping and navigation study area every two to three days across the data period. May was the busiest month for fishing vessels with an average of one vessel recorded per day within the study area. February was the quietest month with only three unique vessels being recorded across the whole month, averaging at one vessel every nine days (see volume 2, chapter 13 for further details).

12.7. Baseline Environment

12.7.1. Overview of Landings from the Commercial Fisheries Local Study Area

Commercial fisheries statistics for the annual landed weight and first sales value of UK vessels operating within the specified commercial fisheries local study area (41E9, 42E9 and 42F0) are shown in Figure 12.2 Open ▸ and Figure 12.3 Open ▸ respectively. These data indicate a spike in landings of herring Clupea harengus during 2018 (equating to 2,000 tonnes and first sales value of £1.2 million in 2018). Herring is a pelagic species that is caught in shoals by vessels deploying pelagic trawls that target the shoaling fish as they migrate. This pattern leads to sporadic spikes in landings as noted in Figure 12.2 Open ▸ and Figure 12.3 Open ▸ .
Following that, the landings are primarily dominated by Nephrops norvegicus (also known as Norway lobster, Dublin Bay prawn, langoustine and Nephrops; hereon referred to as Nephrops), haddock Melanogrammus aeglefinus and mixed demersal finfish species caught by demersal otter trawling vessels. The majority of landings by UK fishing vessels are made by vessels registered in Scotland (86% by value) and England (14% by value).

Figure 12.2: Key Species by Annual Landed Weight (tonnes) (2016 to 2022) from the Commercial Fisheries Local Study Area (MMO, 2022a; MMO, 2023a)

An annual average value of almost £1.72 million was landed by all UK vessels for the years 2016 to 2022 from the commercial fisheries local study area. Nephrops represent the highest value species landed from the commercial fisheries local study area (average £1 million per annum, Figure 12.3 Open ▸ ), although landings are highly variable across the time series, peaking in 2019 with significant drops in 2020 and 2021 (COVID- 19 pandemic), and growth in 2022. It is noted that during the COVID-19 pandemic (2020 to 2021) there was a drop in the market demand for Nephrops due to a reduction in restaurant trade and export of this high value shellfish. This is reflected in the landings and accounted for by considering a five and thirteen-year timeseries of data. Haddock, monkfish Lophius piscatorius, whiting Merlangius merlangus and halibut Hippoglossus hippoglossus have all followed a similar trend in landings pattern as Nephrops, which is expected given that they are caught as retained bycatch within the Nephrops targeted fishery. These species have a combined annual average value of £288,000 from 2016 to 2022.
Relatively small quantities of other species are landed from the commercial fisheries local study area, including lobster Homarus gammarus (£33,000 average annual value), king scallop Pectan maximum (£18,000 average annual value) and brown crab Cancer pagurus (£25,000 average annual value).

Figure 12.3: Key Species by Annual Landed Value (GBP) (2016 to 2022) from the Commercial Fisheries Local Study Area (MMO, 2022a; MMO, 2023a)

The commercial fisheries local study area encompasses three ICES rectangles, however, the majority of the Array is located within ICES rectangle 42E9. Landings statistics data by ICES rectangle is presented in Figure 12.4 Open ▸ and Figure 12.5 Open ▸ for weight and value respectively for the time period 2016 to 2022. The highest weight and value are landed from ICES rectangle 42F0, which overlaps with a very small portion of the Array, i.e. 1.02% of the Array is located in 42F0.
The average annual value landed by UK vessels from ICES rectangle 42E9 is £136,000, compared to landings of £1.5 million from 42F0. This highlights that 42E9 is not heavily fished or targeted by UK vessels, with relatively low value of catches; this pattern has remained consistent across the time period analysed (2016 to 2022).
VMS data provides detail on the number of vessels operating within each subdivision of the ICES rectangle at the scale to which data is reported (i.e. 200th of an ICES rectangle). Any individual vessel can operate throughout the ICES rectangle and therefore summing across the ICES rectangle will double count multiple vessels. To give an indication of the number of vessels active in ICES rectangle 42E9, the maximum number of vessels found in any subdivision across the period 2016 to 2020 was four demersal otter trawlers and two dredge vessels. Thereby, a minimum of six vessels contributed to the value of £136,000 from ICES rectangle 42E9.

Figure 12.4: Annual Landed Weight (tonnes) (2016 to 2022) by ICES Rectangle from the Commercial Fisheries Local Study Area (41E9, 42E9 and 42F0) (MMO, 2022a; MMO, 2023a)

Figure 12.5: Annual Landed Value (GBP) (2016 to 2022) by ICES Rectangle from the Commercial Fisheries Local Study Area (41E9, 42E9 and 42F0) (MMO, 2022a; MMO, 2023a)

Long term landings data

Stakeholder consultation suggested that the commercial fisheries local study area has been more important in the years prior to 2016, specifically for small size classes of haddock (see Table 12.3 Open ▸ ). To explore this further, a longer term trend in landings has been analysed across the commercial fisheries local study area for the period 2011 to 2022 for the three top species: haddock, Nephrops and herring ( Figure 12.6 Open ▸ ).
Haddock show significantly higher landings from 2011 to 2013, particularly from ICES rectangle 42E9 (which the majority of the Array overlaps with). The average value of haddock landed from 42E9 from 2011 to 2013 was £975,000, compared to £69,000 landed per annum from 2019 to 2022.
Landings of haddock from the commercial fisheries local study area fell dramatically in 2016, where levels have remained up to 2022. This trend is not seen at a stock level, where total landings of haddock from the North Sea, West of Scotland and Skaggerak (ICES Divisions 4, 6a and 3a respectively) haddock stock have remained relatively consistent since 2008. Therefore, the evidence suggests that the decline in landings from the commercial fisheries local study area in 2016 is not linked to biological stock factors such as low recruitment for example. Consultation with the fishing industry highlighted that the commercial fisheries local study area had historically been important for small size classes. After Brexit the market and processing resources (including staff) available for this size of haddock became unavailable resulting in the observed drop in haddock landings.
Landings of Nephrops from the commercial fisheries local study area are almost entirely from ICES rectangle 42F0 (partially overlapping the Array, but mainly to the east of the Array). Nephrops landings from this area have peaked and troughed, with a notable spike in landings in 2019; overall landings have been highest from 2019 to 2022 for the long term time series.
Herring landings are sporadic in nature, as previously discussed (see paragraph 22). A high peak is noted to occur in 2018 from ICES rectangle 42F0. Smaller landings from 42E9 are noted in 2014 and 2016, but any trends are typically more reliable to consider at a wider geographic scale due to the high mobility of this species.
The total landed weight and first sales value in ICES rectangle 42E9 and in all ICES rectangles within the UK EEZ are presented in Table 12.5 Open ▸ . The landings and first sales value within 42E9 have steadily decreased between 2011 and 2021. As illustrated, the landings and first sales value from 42E9 are generally low in comparison to the wider UK.

Table 12.5: Summary of Key Fisheries Statistics for ICES Rectangle 42E9 and all ICES Rectangles in the UK EEZ between 2011 and 2021 (Source: MMO, 2017, 2022a)

Year	Sum of Landed Weight (tonnes)		Sum of First Sales Value (£)
Year	42E9	Whole UK EEZ	42E9	Whole UK EEZ
2011	1,063	559,307	1,405,705	832,041,863
2012	1,237	591,727	1,023,182	787,909,538
2013	901	590,278	949,180	741,273,208
2014	521	719,403	411,542	864,103,318
2015	168	671,357	257,387	775,136,432
2016	510	701,091	316,003	936,160,594
2017	54	726,709	94,205	987,640,333
2018	32	699,988	58,423	1,002,769,899
2019	32	621,886	52,552	986,839,884
2020	80	623,246	99,097	830,878,160
2021	81	651,828	116,735	921,304,637
2022	229	625,737	213,747	1,067,524,790

Figure 12.6: Long Term Landing Trends for Haddock, Nephrops and Herring from the Commercial Fisheries Local Study Area (MMO, 2022a; MMO, 2023a)

Haddock fishery

The long term data trends presented in Figure 12.6 Open ▸ , together with the VMS data for 2011 to 2015 presented in the commercial fisheries technical report (volume 3, appendix 12.1) provide evidence that a haddock fishery was targeted by demersal otter trawl and demersal seine vessels pre 2016 . Furthermore, evidence provided by the fishing industry for vessel tracking/plotter data indicates activity by demersal otter trawl vessels in the north, central and southern portions of the Array (in a north to south direction). Activity by demersal seine vessels is evidenced in the central portions of the Array, understood to be harder ground routinely targeted by this gear type.
Industry consultation indicates that after Brexit, the fish processors found it challenging to secure labour to process small fish by hand, which led to the decline in demand for smaller size class of fish which are more labour intensive to hand-fillet.
Looking in more detail at the time-line of events, the free movement between the UK and the European Union ended on 31 December 2020 and moved to a point-based system based on skills and talent (UK Government, 2020). Therefore, labour shortages could feasibly impact the processing sectors from mid-2020/2021 onwards. However, the drop in haddock landings is noted from 2016 onwards (including the period prior to the referendum vote in the UK). While the reasoning for decline may have been influenced by Brexit, as well as COVID-19 restrictions from 2020 onwards, it does not explain the marked drop from 2016 onwards.
Fisheries legislation that may have influenced the fishery from 2016 onwards includes the Landing Obligation (MMO, 2015), which for the demersal otter trawl fishery in the North Sea was implemented in stages from 2016 to 2017. The landing obligation means that no commercial fishing vessel can return any quota species of any size to the sea once caught. This includes fish that are both over and under minimum conservation reference size (MCRS), with fish less than MCRS permittable to sell, but not for human consumption. In terms of implementation, in the North Sea in 2016, vessels using gear of mesh size 100 mm and more were required to land all haddock and in 2017 this was extended to gear of mesh size 80-99 mm (Marine Directorate, 2023). The landing obligation may have influenced fishers to avoid areas targeted for ‘small’ fish that are above the MCRS, but may bring a higher proportion of catch below MCRS.
Nevertheless, industry consultation in relation to the Array (see Table 12.3 Open ▸ ) has consistently raised the potential for this ‘small’ haddock fishery to resume in the region and overlapping the Array in the short to medium term.
This has been informed by recent investment in the Peterhead area for new processing capabilities, specifically an automated fish processing line using machinery to process smaller fish (rather than labour for filleting by hand). This will process smaller size classes of fish to produce fresh and frozen fillets and portion blocks for value-added ranges in UK and overseas markets. This venture was announced recently (April 2024), with production being fully operational later in 2024 and aims to provide capacity for processing of small size haddock landed within current fisheries quotas (Findlay, 2024). Processing capacity for small haddock may increase the value and profitability of landings with greater proportions of small size classes. This may lead to increase effort by demersal seine and otter trawl commercial fishing fleets in areas known for small size class haddock (and other white fish) in the future.
Overall, there is potential for this haddock fishery to return to the local study area, but it is not possible to predict when or the potential scale of any future fishery due to the range of factors influencing the decline in 2016, including the implementation of legislation (specifically the Landing Obligation in 2016 and 2017), and Brexit (specifically the referendum in 2016 and end of free movement between UK and EU in 2020).

12.7.2. Overview of Landings from the Commercial Fisheries Regional Study Area

An overview of the UK and EU landings from the commercial fisheries regional study area is presented in the commercial fisheries technical report (volume 3, appendix 12.1).
Within the commercial fisheries regional study area, the highest quantity of catch is taken from 43E9 (north of the Array). For non-UK activity, vessels registered in Denmark, Netherlands, France, Germany and Sweden are recorded to fish within the commercial fisheries regional study area. The key target species for these fleets is herring.

12.7.3. Key commercial fisheries fleet métiers

The key fleet métiers operating across the commercial fisheries local and regional study areas include (in no particular order):

UK demersal otter trawlers targeting Nephrops, haddock and mixed demersal species;
UK demersal seine targeting haddock and mixed demersal species;
UK, Norwegian, Danish, Dutch and German pelagic trawlers targeting herring;
UK scallop dredgers targeting king scallop; and
UK potting vessels targeting brown crab and lobster.

Volume 3, appendix 12.1 noted potential for a fishery by Danish industrial trawlers targeting sandeel. However, as of 2024, sandeel fishing within the UK EEZ has been prohibited for all UK and non-UK vessels and therefore this receptor is no longer considered appropriate to assess.

12.7.4. Designated Sites

A screening of designated sites in the vicinity of the Array has been carried out and has identified that there were no designated sites relevant to commercial fisheries. The potential for cumulative impacts to arise for commercial fisheries in relation to potential management measures implemented within designated sites is considered in section 12.12.

12.7.5. Future Baseline Scenario

The EIA Regulations require that “a description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort, on the basis of the availability of environmental information and scientific knowledge” is included within the Array EIA Report.
If the Array does is not developed, the ‘without development’ future baseline conditions are described within this section.
Commercial fisheries patterns change and fluctuate based on a range of natural and management-controlled factors, including the following:

market demand: commercial fishing fleets respond to market demand, which is impacted by a range of factors, including the 2020 to 2021 COVID-19 pandemic;
market prices: commercial fishing fleets respond to market prices by focusing effort on higher value target species when prices are high and markets in demand;
stock abundance: fluctuation in the biomass of individual species stocks in response to status of the stock, recruitment, natural disturbances (e.g. due to storms, sea temperature etc.), changes in fishing pressure etc.;
fisheries management: including new management for specific species where overexploitation has been identified, or changes in Total Allowable Catches (TACs) leading to the relocation of effort, and/or an overall increase/decrease of effort and catches from specific areas. Specifically, the recent prohibition on sandeel fisheries within the UK EEZ portion of the North Sea is noted;
environmental management: including the potential restriction of certain fisheries within protected areas;
improved efficiency and gear technology: with fishing fleets constantly evolving to reduce operational costs, e.g. by moving from beam trawl to demersal seine. Specifically, the recent prohibition of bottom trawling in thirteen MPAs implemented by the MMO is noted; and
sustainability: with seafood buyers more frequently requesting certification of the sustainably of fish and shellfish products, such as the Marine Stewardship Council certification, industry is adapting to improve fisheries management and wider environmental impacts.

The variations and trends in commercial fisheries activity are an important aspect of the baseline assessment and forms the principal reason for considering up to five years of key baseline data. Given the time periods assessed, the future baseline scenario would typically be reflected within the current baseline assessment undertaken. However, in this case, existing baseline data do not capture any potential changes in commercial fisheries activity resulting from the withdrawal of the UK from the EU.
Following withdrawal, the UK and the EU have agreed to a Trade and Cooperation Agreement (TCA), applicable on a provisional basis from 01 January 2021. The TCA sets out fisheries rights and confirms that from 01 January 2021 and during a transition period until 30 June 2026, UK and EU vessels will continue to access respective EEZs, (12 nm to 200 nm) to fish. In this period, EU vessels will also be able to fish in specified parts of UK waters between 6 nm to 12 nm.
Over the five-year transition period, 25% of the EU’s fisheries quota in UK waters will be transferred to the UK; with 15% transferred in year one, most of this quota has already been transferred and distributed across the four nations of the UK. After the five-year transition there will be annual discussions on fisheries opportunities. Across the commercial fisheries regional study area, where UK fisheries primarily target non-quota shellfish species, it is expected that fleets are unlikely to be impacted by quota transfers. It is possible that UK vessels will seek to exploit additional quota-species opportunities, but fishing vessel owners would need to obtain the relevant quota allocation for that specific target species.
Market changes have the potential to impact fishing activity in the commercial fisheries local and regional study areas; including the potential re-establishment of the historic ‘small’ haddock fishery. In terms of future baseline scenarios, with or without the Array, it is therefore possible, that the UK fleet will more heavily target ‘small’ haddock given the potential return of processing and market for this product.

12.7.6. Data Limitations and Assumptions

Limitations of landings data include the spatial size of ICES rectangles, which can under- or over-estimate actual activity across the Array, and care is therefore required when interpreting the data. A further limitation of landings data is the potential under-reporting of landings associated with potting vessels. This may occur as a result of estimating catches (as opposed to accurate weighing) and not reporting catches that fall below the acceptable limit, as defined within the UK Registration of Buyers and Sellers (RBS) (i.e. when purchases of first sale fish direct from a fishing vessel are wholly for private consumption, and less than 30 kg is bought per day). While it is recognised that there is no statutory requirement for owners of vessels 10 m and under to declare their catches, registered buyers are legally required to provide sales notes of all commercially sold fish and shellfish, due to the 2005 Registration of Buyers and Sellers of First-Sale Fish Scheme (RBS legislation) (MMO, 2021). The RBS legislation is applicable to licenced fishing vessels of all lengths and requires name and Port Letters and Numbers (PLN) of the vessel which landed the fish, to be recorded in relation to each purchase. For the <10 m sector, landing statistics are recorded on sales notes provided by the registered buyers (MMO, 2021). Information that may not be formally recorded on the sales note, such as gear and fishing area, is added by coastal staff based on local knowledge of the vessels they administer; for example, from observations of the vessel during inspections at ports, or from air and sea surveillance activities, as well as discussions with the owner and/or operator of the vessel (MMO, 2021).
Lack of recent landings statistics for EU (non-UK) fleets is also recognised as a data limitation; based on the most recent European Commission data call, more recent (i.e. from 2017 onwards) landings data is no longer available by ICES rectangle. Data at a scale of ICES division (i.e. the whole of the North Sea) is less useful to understand fishing activity specific to the area overlapping the Array.
Limitations of VMS data are primarily focused on the coverage being limited to vessels ≥15 m for MMO data. It is important to be aware that where mapped VMS data may appear to show inshore areas as having lower (or no) fishing activity compared with offshore areas, this is not necessarily the case, because VMS data does not include vessels typically operating in inshore areas (i.e. which typically comprises vessels <15 m in length). Specifically, VMS data does not represent activity of vessels under 15 m in length. To assist in mitigating the risk of under-representing smaller inshore vessels, site-specific marine traffic survey data, comprising information on vessel movements gathered by AIS and radar, has been analysed alongside VMS data (detailed in volume 3, appendix 12.1).
Fishing vessel route density data from the EMSA is based on AIS data, representing activity for vessels with AIS (≥15 m in length). A limitation of AIS data is that is does not distinguish between steaming and actively fishing; nevertheless, it provides corroboration for key fishing grounds and insight into transit routes to alternative fishing grounds.
In addition, there is potential for the small haddock fishery detailed in paragraphs 40 and 41 to return to the local study area, however, it is not possible to predict when or the potential scale of any future fishery. This potential future baseline has been taken into consideration within impact assessments in sections 12.11 and 12.12, where applicable, however, it should be noted given the uncertainty around the small haddock future baseline, the assessments which consider the small haddock fishery are presented with a high level of precaution.
Data limitations have been managed by ensuring accurate interpretation of the data and clear understanding of its scope, together with cross-referencing between data sources and consultation with the fishing industry. Data forms only part of the evidence base and all data sources have been contextualised by consultation and professional judgement; therefore the limitations identified are not considered to affect the certainty, or reliability, of the impact assessments in sections 12.11 and 12.12.

12.8. Key Parameters for Assessment

12.8.1. Maximum Design Scenario

The maximum design scenarios identified in Table 12.6 Open ▸ are those expected to have the potential to result in the greatest effect on an identified receptor or receptor group. These scenarios have been selected from the details provided in volume 1, chapter 3 of the Array EIA Report. Effects of greater adverse significance are not predicted to arise should any other development scenario, based on details within the Project Description (volume 1, chapter 3) (e.g. different infrastructure layout), to that assessed here, be taken forward in the final design scheme.

Table 12.6: Maximum Design Scenario Considered for Each Potential Impact as Part of the Assessment of LSE1 on Commercial Fisheries

Potential Impact	Phase [1]			Maximum Design Scenario	Justification
Potential Impact	C	O	D	Maximum Design Scenario	Justification
Temporary loss or restricted access to fishing grounds				Construction Phase:  construction phase: 8 years from 2031 to 2038 inclusive; and  total Lease Area: 858 km2. Safety zones:  500 m safety zones around structures with active ongoing construction activities;  50 m safety zones around partially complete structures or complete structures prior to commissioning of the full Array; and  Use of ‘rolling’/temporary 500 m advisory safe passing distances around installation/maintenance vessels actively engaged in works. Site preparation activities:  area of boulder clearance along inter-array cables: 7,334,400 m2;  area of boulder clearance along interconnector cables: 1,416,000 m2; and  sand wave clearance area (within Array): 5,867,520 m2 (excavated to a locality within the Array). Wind turbines generators and Offshore Substation Platforms (OSPs), scour protection, and mooring and anchoring system: As described for the potential impact of “long term loss or restricted access to fishing grounds”. Inter-array cables:  total inter-array cables length: 1,261 km;  minimum target burial depth: 0.4 m; subject to Cable Burial Risk Assessment (CBRA);  total area of seabed disturbance: 24.45 km2;  up to 20% of the length of the cables may require cable protection including: rock/concrete/cast iron/polyurethane/polyethylene. Total inter-array cable protection footprint for the Array: 4,889,600 m2; and  with up to 12 inter-array cable crossings including: rock/rock bags/concrete mats cast iron/polyurethane/polyethylene. Total area of inter-array cable crossings: 12,000 m2. Interconnector cables:  up to 12 interconnector cables;  total interconnector cables length: 236 km;  minimum target burial depth: 0.4 m; subject to CBRA;  total area of seabed disturbance: 4.72 km2;  up to 20% of the length of the cables may require cable protection including: rock/concrete/cast iron/polyurethane/polyethylene. Total interconnector cable protection footprint for the Array: 944,000 m2; and  with up to 12 interconnector cable crossings including: rock/rock bags/concrete mats/cast iron/polyurethane/polyethylene. Total area of interconnector cable crossings: 12,000 m2. Decommissioning Phase: At the end of the Array’s operational lifetime, it is expected that all structures above the seabed (with the exception of driven piles and drag embedment anchors (DEA) (depending upon anchor system used), scour protection and cable protection) will be fully removed where feasible. Driven piles and/or DEAs installed as part of the wind turbine anchoring system, static portions of inter-array cables, interconnector cables, scour protection and cable protection are either expected to remain in where they are embedded within the seabed. Legislation, guidance and good practice will be kept under review throughout the lifetime of the Array and will be followed at the time of decommissioning. Environmental conditions and sensitivities will also be considered since removal of structures may result in greater environmental impacts in comparison to leaving in situ.	The maximum design scenario represents the maximum duration and extent of fishing exclusion throughout the construction and decommissioning phase and, hence, the greatest potential to restrict access to fishing grounds. Given that construction of the site will happen sequentially from 2031 to 2038, it is assumed that construction activities could occur anywhere within the Array at any given time. It is therefore assumed that fishing is not prohibited from resumption, but is unlikely to resume within the Array throughout the construction and decommissioning phases.
Long term loss or restricted access to fishing grounds				Operation and Maintenance Phase:  operational lifetime: 35 years Wind turbines:  maximum number of wind turbines: 265;  number of floating foundations: 265;  foundation surface dimension: 130 m x 110 m;  depth of structure "draft" in the water column: 25 m; and  minimum wind turbine spacing: 1,000 m. Wind turbines mooring system:  catenary mooring line type with up to 6 mooring lines and anchors (per foundation);  mooring line radius: up to 700 m;  mooring line cross-sectional area (r2): 1,539,380 m2;  total mooring line area for 265 foundations: 407,935,806 m2; and  proportion of mooring radius compared to total lease area: 47.54%. OSPs:  maximum number of OSPs: 15 (within the Array), including: – 3 larger OSPs of length x width: 121 m x 89 m; with piled jacket foundation, up to 12 legs per foundation and total seabed footprint and scour protection of 44,693 m2; and – 12 smaller OSPs of length x width: 41 m x 37 m; with piled jacket foundation, up to 6 legs per foundation and total seabed footprint and scour protection of 50,121 m2. Scour protection (of moorings and anchors):  scour protection material: mattress or rock;  scour protection footprint per foundation: 2,385 m2;  total scour protection for the Array: 632,196 m2. Inter-array cables:  cable protection: up to 20% of 1,261 km, with total protection footprint: 4,889,600 m2;  Scour protection footprint (per box): 884 m2  crossings: up to 12 with total area of crossings: 12,000 m2. Interconnector cables:  cable protection: up to 20% of 236 km, with total protection footprint: 944,000 m2; and  crossings: up to 12 with total area of crossings: 12,000 m2. Maintenance activities:  Routine inspections (rolling campaign for wind turbines; every 6 months for first two years and annually thereafter for floating foundations and inter-array cables; annually for first 3 years then every 24 months thereafter for interconnector cables);  Geophysical surveys (every 24 months for foundations, annually for first 3 years then every 24 months thereafter for inter-array and interconnector cables);  Repairs or replacements of navigational equipment (estimated at once every 2 years); and  Cable repair (1 every 5 years) for interconnector cables and 5% of the inter-array cables annually. Cable reburial/protection (5% of cable annually) for inter-array and interconnector cables..	This represents the maximum duration and extent of fishing exclusion throughout the operation and maintenance phase and hence the greatest potential to restrict access to fishing grounds. Given the mooring line radius of 700 m and minimum wind turbine spacing of 1,000 m, it is assumed that fishing is not prohibited from resumption, but is unlikely to resume within the Array throughout the operation and maintenance phase.
Displacement of fishing activity into other areas				Construction and Decommissioning Phases: As described for the potential impacts of “temporary loss or restricted access to fishing grounds”. Operation and Maintenance Phase: As described for the potential impacts of “long term loss or restricted access to fishing grounds”.	As per justifications for “long term” and “temporary loss or restricted access to fishing grounds”.
Interference with fishing activity				Construction Phase:  maximum number of return trips for vessels over the construction phase: including site preparation 7,902; and  maximum number of vessels on site at one time over the construction phase: 97. Operation and Maintenance Phase:  maximum number of return trips for operation and maintenance phase: 508; and  maximum number of vessels on site at one time for operation and maintenance phase: 31. Decommissioning Phase: This is expected to be the same or similar as described for the construction phase.	The maximum number of wind turbines and associated infrastructure will lead to the highest level of construction activities and therefore highest level of construction vessel round trips. The maximum number of vessels transits and the maximum duration of the construction would result in the greatest potential for interference.
Increased snagging risk, which could result in loss or damage to fishing gear				Construction and Decommissioning Phases: As described for the potential impacts of “temporary loss or restricted access to fishing grounds”. Operation and Maintenance Phase: As described for the potential impacts of “long term loss or restricted access to fishing grounds”.	As per justifications for “long term” and “temporary loss or restricted access to fishing grounds”.
Increased steaming/vessel transit times				Construction and Decommissioning Phases: As described for the potential impacts of “temporary loss or restricted access to fishing grounds”. Operation and Maintenance Phase: As described for the potential impacts of “long term loss or restricted access to fishing grounds”.	As per justifications for “long term” and “temporary loss or restricted access to fishing grounds”.
Impacts to commercially exploited species populations				As provided in Table 9.14 in volume 2, chapter 9:.	As provided in Table 9.14 in volume 2, chapter 9.

12.8.2. Impacts Scoped Out of the Assessment

The commercial fisheries pre-Scoping workshop was used to facilitate stakeholder engagement on topics to be scoped out of the assessment.
On the basis of the baseline environment and the Project Description outlined in volume 1, chapter 3 of the Array EIA Report, and following feedback from the pre-Scoping workshop and Ossian Array EIA Scoping Opinion (MD-LOT, 2023), it is proposed that no impacts are to be scoped out of the assessment for commercial fisheries.

12.9. Methodology for Assessment of Effects

12.9.1. Overview

The commercial fisheries assessment of effects has followed the methodology set out in volume 1, chapter 6 of the Array EIA Report. Specific to the commercial fisheries EIA, the following guidance documents have also been considered:

Good Practice Guidance for Assessing Fisheries Displacement (Xodus, 2022);
Best Practice Guidance for Fishing Industry Financial and Economic Impact Assessments (United Kingdom Fisheries Economic Network (UKFEN) and Seafish, 2012);
FLOWW Recommendations for Fisheries Liaison: Best Practice guidance for offshore renewable developers (FLOWW, 2014);
FLOWW Best Practice Guidance for Offshore Renewables Developments: Recommendations for Fisheries Disruption Settlements and Community Funds (FLOWW, 2015);
Damage to Gear Compensation Claim Forms (Marine Scotland, 2021);
Guidance on completing Damage to Gear Compensation Claim Forms (Marine Scotland, 2021);
Options and opportunities for marine fisheries mitigation associated with wind farms (Blyth-Skyrme, 2010a);
Developing guidance on fisheries Cumulative Impact Assessment for wind farm developers (Blyth-Skyrme, 2010b);
Cumulative impact assessment guidelines, guiding principles for cumulative impacts assessments in offshore wind farms (RenewableUK, 2013);
Fishing and Submarine Cables - Working Together (International Cable Protection Committee, 2009); and
Guidance on preparing a “FMMS” (draft) (Marine Scotland, 2020).

Assessment of displacement

The assessment of displacement has been undertaken with due regard to Xodus guidelines (Xodus, 2022) in defining the magnitude of impact to each receptor group and sensitivity of each commercial fishing fleet. The displacement considers both primary and secondary displacement, defined as follows (Xodus, 2022):

Primary displacement refers to the first instance of displacement where fishing effort is relocated to another area as a result of a change in the spatial environment. In the context of this guidance, this corresponds to displacement that is a direct result of other licensed marine activities and associated infrastructure.
Secondary displacement is an indirect effect of the other licensed marine activity and associated infrastructure. This occurs when the fishing effort that is relocated through primary displacement also displaces fishing effort.

The guidance provides details on baseline data sources, highlighting that "no single source of data can be used to comprehensively describe commercial fishing activity, due to the inherent limitations of each data source”. Data sources are detailed in Table 12.4 Open ▸ and Table 12.5 Open ▸ , together with associated limitations and uncertainties.

The guidance specifically recommends the following steps (Xodus, 2022):

Clear understanding of the commercial fishing 'receptors' for which impacts will be assessed, the fishing methods which are operated in the study area, including the areas where fishing activity may be relocated;
Identification of the likely maximum distance of displacement by the receptors, and the potential spatial extent of displacement effects for the fishing vessels which are already operational in the area which vessels are displaced to;
Identification of potential impacts on displaced commercial fisheries from the area that vessels are initially displaced from;
Identification of potential impacts on any fishing vessel operators / owners which are already active in the area in which vessels are displaced to and the potential for competition for space;
Establishing the sensitivity of each commercial fisheries receptor to displacement, with reference to the specifications;
If possible, a quantitative assessment of magnitude (e.g. taking account of spatial extent, duration, fishing effort, number of vessels); and
Consideration of primary and secondary displacement where applicable.

12.9.2. Criteria for Assessment of Effects

When determining the significance of effects, a two stage process is used which involves defining the magnitude of the potential impacts and the sensitivity of the receptors. This section describes the criteria applied in this chapter to assign values to the magnitude of potential impacts and the sensitivity of the receptors. The terms used to define magnitude and sensitivity are based on those which are described in further detail in volume 1, chapter 6 of the Array EIA Report.
The criteria for defining magnitude in this chapter are outlined in Table 12.7 Open ▸ and are based upon the technical expert’s experience and judgement. Each assessment considered the spatial extent, duration, frequency and reversibility of impact when determining magnitude which are outlined within the magnitude section of each impact assessment (e.g. a duration of hours or days would be considered for most receptors to be of short term duration, which is likely to result in a low magnitude of impact).

Table 12.7: Definition of Terms Relating to the Magnitude of an Impact

Magnitude of Impact	Definition
High	Impact is of long term duration (e.g. greater than 12 years duration) and/or is of extended physical extent; and/or: Impact is expected to result in one or more of the following:  Substantial loss of target fish or shellfish biological resource (e.g. loss of substantial proportion of resource within project area); and  Substantial loss of ability to carry on fishing activities (e.g. substantial proportion of effort within project area). (Adverse)
Impact is expected to result in one or more of the following:  Large scale or major improvement of resource quality, measurable against biomass reference points; and  Extensive restoration or enhancement of habitats supporting commercial fisheries resources. (Beneficial)
Medium	Impact is of medium term duration (e.g. less than 12 years) and/or is of moderate physical extent; and/or: Impact is expected to result in one or more of the following:  Partial loss of target fish or shellfish biological resource (e.g. moderate loss of resource within project area); and  Partial loss of ability to carry on fishing activities (e.g. moderate reduction of fishing effort within project area). (Adverse)
Impact is expected to result in one or more of the following:  Moderate improvement of resource quality; and  Moderate restoration or enhancement of habitats supporting commercial fisheries resources. (Beneficial)
Low	Impact is of short-term duration (e.g. less than 2 years) and/or is of limited physical extent; and/or: Impact is expected to result in one or more of the following:  Minor loss of target fish or shellfish biological resource (e.g. minor loss of resource within project area); and  Minor loss of ability to carry on fishing activities (e.g. minor reduction of fishing effort within project area). (Adverse)
Impact is expected to result in one or more of the following:  Minor benefit to or minor improvement of resource quality; and  Minor restoration or enhancement of habitats supporting commercial fisheries resources. (Beneficial)
Negligible	Impact is of very short-term duration (e.g. less than 1 year) and/or physical extent of impact is negligible; and/or: Impact is expected to result in one or more of the following:  Slight loss of target fish or shellfish biological resource (e.g. slight loss of resource within project area); and  Slight loss of ability to carry on fishing activities (e.g. slight loss of fishing effort within project area). (Adverse)
Impact is expected to result in one or more of the following:  Very minor benefit to or very minor improvement of resource quality; and  Very minor restoration or enhancement of habitats supporting commercial fisheries resources. (Beneficial)

Magnitude of Impact

Definition

High

Impact is of long term duration (e.g. greater than 12 years duration) and/or is of extended physical extent; and/or: