1. Creating marine reserves around the Isle of Arran –
the Scottish experience
Dr Thomas Appleby
Associate Professor and non-practising solicitor
UWE, Bristol
Robert Watt
Community of Arran

2. Location

3. Arran in the 1960s and 1970w
Courtesy of COAST

4. Scallop Dredging
Courtesy of Bryce Beukers-Stewart

5. Courtesy of Howard Wood
Courtesy of COAST

6. Courtesy of COAST

7. COAST Proposal
Courtesy COAST

8. How would you do it?

9. Due diligence on commercial fishing rights
[4]
Seabed in territorial sea owned by the Crown [1]
Subject to the Public Right to Fish [2]
Public Right to Navigate [3]

10. Public right to fish
Probably owned by the Crown on behalf of the people [5]
Subject to
Legislation [6]
The extent of the right granted [7]
Native Title [8]
Human Rights [9]
Courtesy Lozano Guzman

11. The extent of the public right
What is ‘fishing?’[10]
Managing the sea as a prawn and scallop fishery does not do that.
Courtesy Oleg Alexandrov

12. ‘Grandfather rights’ No native title rights in Scotland
Formal regulatory rights
Several fisheries [11]
Informal entitlements [12]
Fishing quota
Vessel licences
Days at sea
Track Record
Courtesy 85mm.ch

13. Legislation
Should COAST wait for marine planning? – Marine (Scotland) Bill
Regulating Order
The ultra vires question
Use of fisheries measures for conservation
Vessel licences

14. Adversarial position with Clyde Fishermen’s Association
Constant legal representation by CFA

15. Petitioned the Scottish Parliament
Select Committee Recommended going ahead with COAST proposal
Courtesy Pschemp

16. Eventually
After:
Fighting off a fish farm
Moving a pipeline
Putting the first line in the Arran Local plan
The Inshore Fishing (Prohibition on Fishing) (Lamlash Bay) (Scotland) Order 2008

17. South Arran Marine Protected Area
Marine (Scotland) Act 2010
Demonstration and Research MPA
Nature Conservation MPA
Historic MPAs

18. South of Arran Marine Protected Area
But the name is misleading only protects certain features within the MPA.
South Arran Nature Conservation Marine Protected Area Order 2014

19. Goldman Environmental Prize 2015
Courtesy Goldman Environmental Prize

20. Lessons Ownership Local engagement Simple consultation mechanisms
the sea is a public space
The right to fish is public
Check claims of ‘rights’
Public trust?
Local engagement
Who is the local community?
Simple consultation mechanisms
It is only the management measures which make the mpa
Courtesy Thomas Galvez

21. What do we want from the Oceans?
Courtesy of COAST

22. View from the island
Courtesy Benjie Croce

23. References
[1] Crown Estate v Fairlie Yacht Slip Ltd 1979 SC 156 p [2] Ibid [3] Ibid [4] Appleby, T. (2005) The public right to fish: Is it fit for purpose? Journal of Water Law, 16 (6). pp ISSN Available from: [5] Charles Stewart A Treatise On The Law Of Scotland Relating to Rights of Fishing; comprising The Law affecting Sea Fishing, Salmon Fishing, Trout Fishing, Oyster & Mussel Fishing; Etc., Etc.,: With An Appendix on Statues and Byelaws ( 2nd Ed by J C Shairp, T & T Clark, Edinburgh: 1892) page 20 [6] Various sea fisheries regulations principally: Sea Fish (Conservation) Act 1967, Inshore Fisheries (Scotland) Act 1984, the Marine (Scotland) Act 2010 and various regulations emanating from the EU Common Fisheries Policy [7] The Commonwealth v Yarmirr [2001] HCA 56 [8] Attorney-General for Canada v Attorney General for Quebec (1921) 56 DLR 358. [9] United Kingdom Association of Fish Producer Organisations v Secretary of State for the Environment Food and Rural Affairs [2013] EWHC 1959 (Admin) [10] Appleby, T. (2007) Damage by fishing in the UK's Lyme Bay - A problem of regulation or ownership? Journal of Water Law, 16 (6). pp ISSN Available from: [11] Sea Fisheries (Shellfish) Act 1967 [12] Appleby, T. (2013) Privatising fishing rights: The way to a fisheries wonderland? Public Law. pp ISSN Available from: More information or