Scottish Government
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Transfer of Crown Estate oyster and mussel rights
Lochhead welcomes Smith Commission recommendation on Crown Estate.
The rights to naturally occurring oysters and mussels is transferring to Scotland from the Crown Estate.
It comes after the Smith Commission recommended that responsibility for the management of the Crown Estate’s economic assets in Scotland, and the revenue generated from these assets, be transferred to the Scottish Parliament.
Naturally occurring oysters and mussels in Scottish territorial waters form part of the ancient rights currently administered by the Crown Estate Commissioners. Preparations have been made for the transfer of existing rights and titles to Marine Scotland, on behalf of the Scottish Ministers.
Scottish Fisheries Secretary Richard Lochhead said:
“The transfer of these oyster and mussel rights is a welcome, if limited step, but the Scottish Government has continually argued for full devolution of the Crown Estate to Scotland. We believe the Scottish people are best placed to make the decisions about our waters and seabed out to 200 nautical miles. I am pleased the Smith Commission has agreed the case for transfer of all the responsibilities of the Crown Estate.
“The Scottish Government committed in June that island and coastal communities should receive 100 per cent of the net income from seabed leasing revenues from activities in their adjacent waters currently administered by the Crown Estate, including those from renewables leases, reversing the current situation where this income is taken by the Crown Estate Commissioners. The Smith recommendations will enable us to make sure that now happens.
“Controlling Crown Estate revenues in Scotland will enable greater investment in a wide variety of projects ranging from harbour improvements to community tourism projects, with far greater decision making taking place at a local level.
Notes To Editors
Background
The House of Commons Scottish Affairs Committee undertook an inquiry into the Crown Estate in Scotland in 2012. The transfer of Crown rights to naturally occurring mussels and oysters to a suitable body in Scotland was one of the few recommendations outlined in the UK Government’s response. UK Ministers asked the Crown Estate to devolve the rights to fish naturally occurring oysters and mussels in Scotland.
Decisions on any lease applications, and responsibility of ensuring the terms of the lease, relating to naturally occurring oysters and mussels in Scotland will be taken by Scottish Ministers. The only commercial lease in Scotland is at Loch Etive.
The Smith Commission has now recommended that the management of and revenue from the Crown Estate’s economic assets in Scotland should be transferred to the Scottish Parliament. These include Crown Estate’s seabed, urban assets, rural estates, mineral and fishing rights, and the Scottish foreshore for which it is responsible.
In 2013/14 the total value of the Crown Estate in Scotland was £267 million. Overall revenues in Scotland were £13.6 million.
The Island Areas Ministerial Working Group report Empowering Scotland’s Island Communities (June 2014) included the Scottish Government’s commitment to the principle that 100% of the net income from the seabed should be passed to island and communities. The SG has subsequently confirmed that this also extends to mainland coastal communities.
