Demersal Fisheries Management Plans: business and regulatory impact assessment

Section 1: Background, aims and options

Background to policy issue

The Fisheries Act 2020^[2] (‘the 2020 Act’) provides the framework to manage UK fisheries as an independent coastal state outside of the EU Common Fisheries Policy. The 2020 Act requires the UK fisheries policy authorities (Defra and the devolved administrations in Scotland, Northern Ireland, and Wales) to prepare and publish fisheries management plans (FMPs) to help deliver the UK ambition for sustainable fisheries.

Fish are a common good, and are rivalrous and non-excludable. Given this characteristic, overexploitation and overconsumption are risks unless governments intervene. In addition to this characteristic, there are also negative externalities associated with fishing itself and positive externalities associated with having a healthy and diverse marine environment. FMPs are one of many tools available to the Scottish Government (and other Governments), and managing the sustainability of fish stocks can additionally involve setting fishing quotas, introducing technical measures, or encouraging research and development.

The Joint Fisheries Statement^[3] (JFS), published in November 2022, and updated in December 2024, lists 43 proposed FMPs to be published, including 11 demersal Fisheries Management Plans (FMPs) in UK waters. The fisheries policy authorities have a statutory obligation to prepare and publish any FMP on that list in accordance with the timescales set out in the JFS.

FMPs set out the policies designed to restore one or more stocks of sea fish to, or maintain them at, sustainable levels or to contribute to that restoration or maintenance. Where there is not sufficient scientific evidence for MSY, plans will also consider steps to obtain scientific evidence for this. Each plan specifies the stock(s), type of fishing and the geographic area covered. Each FMP also identifies the actions that could be used to deliver its policies. Such measures may include both existing or new regulations, statutory instruments, technical measures, or non-statutory routes such as research plans, voluntary agreements, or codes of conduct. The precise mechanisms used will depend on the policies set out in the plan and, where appropriate, will be enforced by the relevant national fisheries authority. The proposed measures could be regulatory or deregulatory, and positive or negative to business. Where actions involved proposed introduction of new measures, separate assessment, consideration, consultation and engagement on those measures would take place in the usual way before any introduction.

This BRIA has been produced to support the consultation on the Demersal FMPs. The purpose of the consultation is to seek views from those with an interest in the plans. The consultation also seeks feedback on the evidence presented in the plans and provides an opportunity for respondents to provide additional evidence that may support the FMP policies.

Purpose/ aim of action and desired effect

The desired aim of these 11 Demersal FMPs is that the fisheries they cover are managed sustainably, to help ensure that stocks are maintained above biomass levels capable of producing MSY and to highlight areas that could lead to refinements to management approaches in the future. For some stocks which are not currently being fished at sustainable levels, actions are set out to improve the management approach.

In developing the policies and actions for the 11 Scottish-led Demersal FMPs, the fisheries policy authorities have considered the current policy landscape. This includes applicable international agreements and declarations, conservation advice and wider policy development already underway, in addition to considering what additional evidence, measures or policies may be needed to support both the vision of these FMPs and delivery of the fisheries objectives.

To ensure effective ongoing management of the demersal fisheries in the UK waters, the FMPs identify five or six policies (see below) focussed on domestic and international management priorities. These policies and the individual actions that sit under each policy, are subject to the consideration of the consultation and will be prioritised appropriately to ensure realistic and measurable outputs. They were drafted to meet the requirements of section 6(3) of the 2020 Act (policies 1 and 2) and policies set out in the JFS (policies 3, 4, 5 and 6).

The six policies for the demersal FMPs are similar for most of the plans included in this Consultation, excluding the Northern Shelf Ling FMP, the Atlantic Cod FMP and the Northern Shelf Cod FMP.

The six policies for the Demersal FMPs, excluding the Northern Shelf Ling FMP, the Atlantic Cod FMP and the Northern Shelf Cod FMP, are to:

1. Harvest the stocks sustainably, with biomass maintained above the level capable of producing MSY;

2. Use the best-available scientific evidence to support management decisions relating to the setting of sustainable fishing opportunities;

3. Address discarding issues in the respective fishery and ensure that where possible all catches are counted against quotas;

4. Deliver wider sustainable management by taking steps to minimise the impact of the demersal fisheries on the marine ecosystem;

5. Support fishing businesses to continue to deliver socio-economic and cultural benefits for communities;

6. Reduce the impact of fishing on climate change and support the fishing industry to adapt to the impacts of climate change.

The policies and actions for the Northern Shelf Ling FMP differ slightly from the other demersal FMPs.

Whilst the relevant fisheries policy authorities do not have sufficient evidence to estimate MSY reference points for the Northern Shelf ling fishery covered by this FMP, the advice and management approach follows the ICES MSY approach under their framework for Category 3 stocks. To ensure effective ongoing management of the Northern Shelf ling fishery in UK waters, the FMP identifies six policies focussed on domestic and international management priorities. These policies are subject to the consideration of the consultation and will be prioritised appropriately to ensure realistic and measurable outputs. Similar to the other demersal FMPs, they were drafted to meet the requirements of section 6(3) of the 2020 Act (policy 1 and 2) and policies set out in the JFS (policies 3, 4, 5, and 6).

The six policies of the Northern Shelf Ling FMP are to:

1. Continue to manage the Northern Shelf ling stock using existing tools to maintain stock levels;

2. Improve the evidence base underpinning the stock, in order to support sustainable harvesting of the Northern Shelf ling stock, with biomass maintained above the level capable of producing MSY;

3. Address discarding issues in the Northern Shelf ling fishery and ensure that where possible all catches are counted against quota;

4. Deliver wider sustainable management by taking steps to minimise the impact of the ling fishery on the marine ecosystem; 

5. Support fishing businesses to deliver socio-economic and cultural benefits for communities; 

6. Reduce the impact of fishing on climate change and support the fishing industry to adapt to the impacts of climate change. 

The policies and actions for the Atlantic Cod FMP also differ slightly from the other demersal FMPs. This is because there is a significant shortfall in the data available for Rockall cod and it is classified by ICES as data limited (Category 6). This means that ensuring the right fisheries management measures are in place is difficult, as the overall health of the stock cannot currently be determined. The stock itself is caught as part of a mixed fishery with fishing vessels that target Rockall haddock and anglerfish (stocks that are healthy and abundant in the area). Therefore, there are significant socio-economic considerations to be taken into account when setting fishing opportunities for Rockall, and consequently fishing opportunities for Rockall cod are currently often set above the ICES MSY advice. The actions within this FMP are therefore focussed on improving the evidence base for Rockall cod, so that an accurate assessment of stock health can be undertaken, and fishing opportunities set at appropriate levels in the future. Areas for action also include those which support the wider delivery of policies within the JFS and which contribute to the delivery of the objectives contained within the 2020 Act.

Sustainable management of the Rockall cod stock is dependent on the evidence base being strengthened, with actions focussed on restoring (if required) and then maintaining the stock at sustainable levels.

The Atlantic Cod FMP, therefore, identifies five policies focussed on domestic and international management priorities. These policies are subject to the consideration of the consultation and will be prioritised appropriately to ensure realistic and measurable outputs. Similar to the other demersal FMPs, they were drafted to meet the requirements of section 6(3) of the 2020 Act (policies 1 and 2) and policies set out in the Joint Fisheries Statement (policies 3, 4 and 5).

The five policies of the Atlantic Cod FMP are to:

1. Continue to manage the Rockall cod stock using existing tools to maintain stock levels;

2. Take action in partnership with the EU to improve the evidence base underpinning the stock, in order to support sustainable harvesting, with biomass maintained above the level capable of producing MSY;

3. Address discarding issues in the Rockall cod fishery and ensure that where possible all catches are counted against quotas;

4. Deliver wider sustainable management by taking steps to minimise the impact of vessels fishing in the Rockall area which take a bycatch of codon the marine ecosystem;

5. Reduce the impact of fishing on climate change and support the fishing industry to adapt to the impacts of climate change.

The policies and actions for the Northern Shelf Cod FMP also differ slightly from the other demersal FMPs. For many years ICES advice considered the North Sea cod and the West of Scotland cod as two separate stocks, and there were a number of fluctuations in the advice and TAC over the years 2019 to 2024. The TAC advice issued by ICES in September 2023 represented a significant change in the perception of the stock health, and the merging of the advice for North Sea and West of Scotland into one overarching ‘Northern Shelf’ stock advice. Fluctuations in the health of the stock over the years represent the complex structure of the cod stock, its susceptibility to significant changes, and the underlining evidence challenges for the stock. In turn, it makes cod one of most challenging stocks to manage. There are a number of measures in place to manage the Northern Shelf cod stock, including a range of stock specific measures established in 2020 under the National Cod Avoidance Plan (NCAP). These are detailed in Annex A of the Northern Shelf Cod FMP. It should be noted that the TAC advice for 2026 was recently published by ICES (on 23 September 2025) and when reviewing measures, the fisheries authorities will consider the status of the substocks for 2026, and application of ICES guidelines on mixed fisheries.

The FMP sets out six policies and a number of corresponding actions for each policy to manage the Northern Shelf cod stock at sustainable levels, ensuring that it can continue to play a key role in providing positive socio-economic benefits to the UK. Although the six policies are similar to the other demersal FMPs, the individual actions set out the need to improve the scientific evidence base underpinning the stock, along with actions to improve management, in particular actions to be undertaken in collaboration with other Coastal States.

The six policies of the Northern Shelf Cod FMP are to:

1. Harvest the Northern Shelf cod stock sustainably, contributing to restoring and maintaining the biomass above the level capable of producing MSY, taking decisions that reflect the status and uncertainty of vulnerable substocks;

2. Use the best-available scientific evidence to support management decisions relating to the setting of sustainable fishing opportunities;

3. Address discarding issues in the Northern Shelf cod fishery and ensure that where possible all catches are counted against quotas;

4. Deliver wider sustainable management by taking steps to minimise the impact of the cod fishery on the marine ecosystem;

5. Support fishing businesses to deliver socio-economic and cultural benefits for communities;

6. Reduce the impact of fishing on climate change and support the fishing industry to adapt to the impacts of climate change.

Once formally published, the policies and actions within the plans will need to be implemented. This will be an iterative process and the Scottish Government will be working closely with the other fisheries administrations, the fishing sector and wider stakeholders on implementation. Publishing the FMPs is the start of a multi-year cycle, and we will ensure that the plans strike the balance between building momentum for short-term actions and setting direction for the longer term. This can be further iterated as the evidence base is improved. The plans must be reviewed at least every six years. Cross regulator, government and industry groups have been central to the development of the draft FMPs. Stakeholder involvement and ongoing collaboration underpins successful delivery of the FMPs and will continue beyond their publication.

Options (considered so far/ still open)

Option 1 (preferred option): Publication of Demersal FMPs

The Demersal FMPs are published, setting out the policies designed to maintain stocks at sustainable levels by bringing together information on existing measures and available evidence, mapping where there are gaps and opportunities to fill them, setting a clear pathway to developing and introducing improved, evidence-based management in collaboration with industry/ stakeholders.

Option 2: Business as Usual (Do Nothing) – No Demersal FMPs published

By pursuing Option 2 and not publishing demersal FMPs the Scottish Government (and the other relevant authorities in the UK) would fail to meet legal obligations under the 2020 Act and JFS requiring publication of the FMPs. If there was an intention to pursue Option 2, of not publishing the FMPs, amendments to the JFS would be required.

Sectors/ Groups affected

The following sectors have been identified as groups who will be affected by the proposal:

• UK demersal fishing industry
• Wider UK and International demersal fishing industry operating in UK waters
• UK retailers

Businesses will be invited to respond to the public consultation. This section of the BRIA will be updated following input from relevant organisations.