Clyde Seasonal Closure 2026 - no fairer Scotland duty needed declaration
Declaration that no Fairer Duty Scotland assessment is required in support of the consultation on the Clyde Seasonal Closure 2026 - 2028.
Fairer Scotland Duty - Assessment not required declaration
Title of policy, strategy or programme:
Clyde Cod Seasonal Closure 2026 – 2028
Directorate: Marine Directorate
Division: Marine Economy and Communities
Team: Inshore Fisheries
Policy leads responsible for taking the decision: Catriona Millar & Stuart Bell
Rationale for decision
Based on a scoping exercise, it has been determined that the proposed management measures for Clyde cod will not have any direct or indirect effects on individuals experiencing socio-economic disadvantage, which may include:
- Low / no wealth
- Low income
- Area deprivation
- Socio-economic background
- Material deprivation
While the proposal does not constitute a strategic decision under the Fairer Scotland Duty guidance. This is because the measures:
- apply only within a fixed and limited period (2026-2028), and
- sit within the framework of existing higher-level strategic decisions such as Scotland’s Fisheries Management Strategy 2020-2030[1]
The proposal also introduces a restriction on the number of vessels permitted to operate in the Clyde. However, this applies only to new entrants; vessels with a historical record of fishing activity in the Clyde will be exempt. As such, the measure is not expected to influence inequalities arising from socio‑economic disadvantage or alter the existing distribution of opportunities within the fleet.
While not strategic in nature, the development has nonetheless been informed by a commitment to consider how inequalities of outcome linked to socio-economic disadvantage can be reduced. This approach is consistent with the broader obligations under the Fisheries Act 2020, which require decision-makers to balance environmental sustainability with social and economic wellbeing.
The proposal does not directly address socio-economic status as a policy objective. It is not strategic in nature and is being developed within the framework of existing statutory obligations. The measures under consideration aim to support sustainable fisheries management and stock recovery, and do not introduce new policy frameworks or funding mechanisms that would materially affect inequalities of outcome.
The proposal will apply across relevant sectors and is not expected to disproportionately impact any group based on socio-economic status. Where operational changes or transitional arrangements are required, these will be considered in line with existing statutory duties and stakeholder engagement processes.
A Business and Regulatory Impact Assessment (BRIA) has been completed to assess the potential implications of the proposal, including any relevant socio-economic considerations. This provides additional evidence to support the rationale and ensure transparency in the decision-making process.
An assessment under the Fairer Scotland Duty is therefore not required, as the proposal is not strategic and is not expected to influence inequalities arising from socio-economic disadvantage.
Sign off
I confirm that the decision not to carry out a Fairer Scotland assessment has been authorised by:
Name and job title of Deputy Director (or equivalent): Malcolm Pentland, DD Marine Economy and Communities
Date authorisation given: 09 January 2026
Contact
Email: inshore@gov.scot