Lamlash Bay No Take Zone: A Success Left Stranded in Scottish Waters

We continue our series of LLB student essays from our ‘Law and Sustainability’ honours course, with an article by Lyle Hamilton on Scotland’s first ‘No Take Zone’.

To find out more about the Law and Sustainbility course, visit our UofG Course Catalogue. 

By Lyle Hamilton

It has now been 15 years since the legal recognition of Scotland’s first No Take Zone (NTZ); a 2.67 square kilometre section of Lamlash Bay, off the coast of the Isle of Arran. The successes of the project are well recognised however, Lamlash Bay is still the only NTZ (a form of Highly Protected Marine Area (HPMA)) in Scotland.  

The Story of Lamlash Bay 

The waters surrounding Arran, as well as the greater Firth of Clyde area, have historically contained an abundance of marine life. The steady decline of these populations was made significantly worse when the ban on bottom trawling within three miles of the British coast was lifted in 1984. The origin of this project is in 1995, with the establishment of the Community of Arran Seabed Trust (COAST) by two local divers interested in conserving and promoting the declining marine life in the area. 

After considering different options, COAST settled on Lamlash Bay as the first area that should be protected. They fostered strong support for the proposed restrictions amongst the local community before consulting with local fishermen and scientists, gaining their approval. After years of campaigning COAST eventually convinced the Scottish Government to legally protect Lamlash Bay in 2008. 

 The Success of the No Take Zone 

A NTZ prohibits all forms of removal of sea life from that area. From industrial fishing to angling for leisure, from seabed dredging to hand diving, all fishing is outlawed, and breaches are punished criminally. NTZs are the most restrictive measures that can be put in place regarding fishing, this makes them the most controversial yet most effective method of marine protection. 

A 2020 report on Lamlash Bay NTZ shows its staggering success in the promotion of local marine life. The populations of lobster and King Scallop have increased fourfold since 2013. The Bay is also now a ‘nursery’ for young fish, mainly Cod. The very seabed itself has benefited, with vulnerable Maerl beds rejuvenated. 

The NTZ has been shown to not just benefit marine life; stakeholders also reap rewards. The community has gained an asset that can be used for education and recreation. It has had the economic benefit of increased tourism from those seeking to see the biodiversity. Surprisingly, local fishermen have also seen benefits. The overspill of fish stocks from Lamlash Bay are now caught in fished zones and the size of fish caught has increased due to safe development time in the NTZ. Lastly, Lamlash Bay served as evidence for the creation of new marine protected areas (MPAs), specifically the significant South Arran MPA, where destructive forms of fishing have been prohibited. 

HPMAs & the Scottish Government  

The success of Lamlash Bay has not gone unnoticed by the Scottish Government. With the Scottish Government, made up of the Scottish Nationalist Party and the Scottish Green Party working together under the so-called ‘Bute House Agreement’, proposing that 10% of all Scottish Waters should be HPMAs by 2026, specifically citing Lamlash Bay as an example of a successful HPMA. 

This policy was included in a broad consultation on HPMAs that took place between 2022 and 2023 and received 4,502 responses. In the Scottish Government’s own words, the responses of the consultation were ‘highly polarised’ on the introduction of HPMAs. For example, Scottish Fisherman’s Federation stated that the proposals would be ‘catastrophic’ for the industry. 

Due to the nature of the results of the consultation as well as the feedback from engagement with stakeholders the Scottish Government announced in June 2023, that the proposals, including the 10% promise, would not implemented. Recently, more in-depth feedback was published on the consultation. It highlighted that the 2026 timeframe ‘could limit aspirations for genuine collaboration with communities, which is integral to Scotland’s approach to a fair and just transition.’ 

 Conclusion 

Lamlash Bay NTZ is rightly seen as a trailblazer in marine protection in Scotland. When trying to introduce HPMAs the Scottish Government should have first understood why it is such a success. It was not imposed by the state but is, from its genesis, a community project with local decision-making. This type of development allowed for stakeholder concerns to be addressed throughout; local fishermen were happy to lose some fishing grounds if it improved fish stocks for the future and benefitted the community.  

This is contrasted with the 10% proposal, an overly ambitious, time-constrained, state-wide plan. Naturally, it made communities and fishermen worry that such restrictions would be imposed on them without regard for local opinion. Stakeholders are willing to make concessions when they know the direct benefits, this is done through constant involvement.  

 Strict marine protection is an essential tool for the future, Lamlash Bay shows that when implemented correctly the benefits are wide for the natural environment and the communities tied to them