Fishing - Clyde Seasonal Closure: consultation

1. Clyde Seasonal Closure

1.1 Background to the Consultation

1. Since 2002, a specific area in the Firth of Clyde has been closed to fishing each year between 14 February and 30 April to protect spawning cod. This was implemented by a Scottish Statutory Instrument (SSI) annually until 2009, and on a biennial basis since.

2. Exemptions were previously provided for Nephrops trawlers, creel vessels and scallop dredgers in the area due to their minimal cod by catch. These exemptions were removed in 2022 and 2023 on the basis that research suggested any activity within 10 metres of the seabed potentially impacts on spawning activity. Removing all fishing activity during the spawning period was considered the best way to maximise protection and minimise disturbance, thus contributing to cod stock recovery in the Clyde.

3. To help balance environmental protection with the livelihoods of local fishers, the 2022 closure was refined – reducing the restricted area by approximately 28% compared to previous years. This adjustment was informed by the best available science on seabed substrate, in combination with valuable input from local fishing communities. Cod are understood to prefer spawning on harder seabed types such as coarse sand and gravel, while they are less likely to use softer sediments like mud and sand. The revised closure focused protection on these higher-quality spawning habitats, while allowing continued fishing access in surrounding areas considered less likely to support active spawning. This approach aimed to support cod recovery while minimising unnecessary disruption by fishing.

4. Following the next consultation in summer 2023, The Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2024^[1] was laid continuing the same closure area and duration for 2024 and 2025, without exemptions.

1.2 Aims of the Consultation

5. As managers of Scotland’s shared marine resource, we are committed to an evidence-led approach that balances long-term health and productivity of marine ecosystems with the socio-economic needs of communities. Around 80% of Scotland’s approximately 2000 registered vessels operate in increasingly busy inshore waters, with different users competing for access. In response, it is essential the Scottish Government develops effective and appropriate management strategies that balance environmental and sustainable economic activity in-line with our obligations under the Fisheries Act 2020^[2].

6. Despite efforts to protect and enhance cod in this area via the Clyde Seasonal Closure, it has shown little signs of recovery. As such, we require a better understanding of this stock to ensure the closure is in the correct place, at the correct time; and to better explore other options open to support stock recovery in the longer term.

7. This consultation invites the views of stakeholders on the future of the Clyde Seasonal Closure for 2026 and beyond. It aims to gather input on supporting the recovery of spawning cod populations in the Clyde and how this can contribute to the broader regeneration of stocks. The consultation also seeks to ensure that the socio-economic impact of the closure is fully explored and understood, including options to mitigate those impacts.

8. We will ensure that any decisions made in relation to this policy align with wider strategic priorities, including Scotland’s Fisheries Management Strategy and the Inshore Fisheries Management Improvement (IFMI) Programme.

1.3 What we know about cod in the Clyde

9. We acknowledge that all fishing methods have some impact on the marine environment. This is reflected by our current approach of maximum protection, minimum disturbance.

10. In August 2015 a scientific paper entitled Evaluating the effectiveness of a seasonal spawning area closure^[3] was published in the ICES Journal of Marine Science. This paper concludes that there had been no recovery in terms of stock size or reduced mortality after more than 10 years of the previous closure, and suggests that this could have been due to factors such as bycatch in the Nephrops fleet and/or increased predation by whiting. It further suggests that spawning area closures may be insufficient when the stock size is too low to withstand environmental fluctuations and additional sources of mortality.

11. Cod in the Firth of Clyde are subject to quota management as part of the ICES Area 6.a management unit. Following a benchmarking exercise which concluded in February 2023, the previously separate assessment units for area 4 (North Sea) and area 6a (West of Scotland) cod were combined into a single Northern Shelf cod assessment unit. The newly defined stock includes three substocks: northwestern, Viking and southern. The northwestern sub-stock covers the principal Scottish fishing waters of areas 4 and 6.a, including the Clyde region.

While ICES advice states that Clyde Cod is likely to be a distinct stock, the current availability of data is insufficient for it to be treated as such for assessment purposes.

12. Total Allowable Catches (TAC) for the Northern Shelf stock are agreed trilaterally between the UK, EU, and Norway, and the TAC for West of Scotland cod feeds through from this. The TAC advice issued by ICES in September 2023 and June 2024 showed a much-improved picture of the health of the northwestern component of the Northern Shelf stock. This was a marked change from the previous zero TAC advice for West of Scotland cod. ICES will provide 2026 catch advice for the Northern Shelf cod stock during 2025. However, as this relates to the wider Northern Shelf stock, the 2026 advice will not allow us to directly infer anything about the - likely distinct - stock in the Clyde. This underlines the need for tailored, locally informed management approaches.

13. Scotland’s survey data for the Clyde is sparse and we lack information on some aspects of the fishery, for example discards of cod in creel fishing. Surveys carried out by the Marine Directorate in 2023 and 2024 encountered cod in very low numbers throughout the Clyde and could only conclude that spawning cod were found both inside and outside the closure area, with similar proportions of spawning and non-spawning in each. Given the low number encountered, it is not possible at this time to draw firm conclusions on the relative abundance or proportions of spawning cod in the Firth of Clyde. This raises questions as to the overall effectiveness of the Clyde Seasonal Closure. One way to help address this is to gather more evidence to underpin future decision-making.

14. In addition to survey work, we have used passive acoustic monitoring within the closure area to detect the presence of spawning cod. The data have been analysed and produced no spawning cod presence at the two sites that were selected (with guidance from fishers). As these receivers have a relatively small range (in the order of 50 – 100 metres), it is believed that a wider range of locations would increase the chance of them yielding usable information on the presence of spawning cod.

15. A PhD thesis by Ana Adao on ‘The Role of Discarding in the Dynamics of the Demersal Fish Community in the Firth of Clyde’^[4] provides potentially useful assessment models for Clyde cod, haddock and whiting. This thesis set out to a) develop estimates of discards of these species from Nephrops trawl fisheries; b) incorporate these estimates into new stock assessment models; and c) use these models in simulations of future stock developments under different hypothesised mortality and recruitment scenarios. This thesis highlights that Nephrops trawl fisheries regularly catch cod as bycatch, and concludes that cod are unlikely to recover under current levels of fishing mortality.

16. Although this thesis provides useful conclusions about Clyde cod, further research is required to address existing gaps in knowledge and understanding. Two important factors that still need to be considered are: Firstly, it only takes account of bycatch in the Nephrops trawl fleet (who fish with gear designed to target Nephrops) and does not assess bycatch of cod in creels – which we know does happen. Secondly, it does not tell us anything about stock structure. This means that we don’t know how much of cod caught in the Clyde and included in the assessment are resident and how many are seasonal migrants from other areas. This is a problem because stock assessment models typically describe a discrete population, e.g. where there is no immigration or emigration and juveniles ultimately rejoin that same adult stock. Therefore, we cannot reliably determine whether changes in local abundance are due to the dynamics of the local population or due to the flow of fish from outside. In extremis, it would be possible to completely eradicate the Clyde cod stock and be unaware as a result of the presence of immigration from elsewhere.

17. In summary, the current approach to evidence gathering makes it difficult to recommend decisive action on management of the stock, and to ascertain whether the current protections are likely to enable recovery.

1.4 Existing and future management

18. Our Fisheries Management Strategy makes a commitment to work with stakeholders to help deliver an ecosystem-based approach to fisheries management. In our inshore waters this is being realised by the IFMI Programme which seeks to develop an agile and responsive approach to inshore fisheries management, balancing economic, social and environmental outcomes. The framework we seek to develop under this programme has the potential to enable tailored regional management. In June 2025 we published an analysis report on responses to our Call for Evidence^[5] and expect to consult on proposals for a management framework in early 2026.

19. The Clyde Seasonal Closure complements similar initiatives including the Irish Sea closure which, since 2001 has taken place at the same time of year. It also aligns with the National Cod Avoidance Plan (NCAP)^[6], which is currently undergoing a review. While NCAP applies to the North Sea only at present, given this area is now assessed and managed as a single stock along with West of Scotland, its review may ultimately impact on management of cod in the Clyde.

20. A Fisheries Management Plan (FMP) for cod is also currently in development and will cover both the North Sea and West of Scotland.

21. The South Arran Marine Conservation Order 2015 No. 437 (the South Arran Marine Conservation Order [MCO]) prohibits and regulates fishing activities in the South Arran Nature Conservation Marine Protected Area (MPA) Order 2014. Restrictions contained in the South Arran MCO which overlap with parts of the Clyde seasonal closure would continue to apply regardless of our future approach regarding the Clyde seasonal closure.

22. There are proposed measures for the Firth of Clyde Sill MPA which have been developed along with stakeholders. Environmental, social and economic assessments are currently being undertaken, and we aim to consult on the proposed fisheries management measures in November 2025.

1.5 Improving our evidence base

23. We appreciate that there are deficiencies in the evidence base regarding Clyde cod. Our scientific advisors are working to improve this in collaboration with the wider scientific community.

24. The Clyde Seasonal Closure currently ensures a degree of protection for spawning cod based on historical information, but we have little understanding of how this stock might have changed in the past twenty years. We wish to seek stakeholders’ views on how to address this.

25. As a component of the options set out below (para 29), we would like stakeholder views on the Scottish Government addressing deficiencies in the evidence base by undertaking, a Targeted Scientific Programme (TSP) to improve understanding of Clyde cod. This could be undertaken over three years from January 2026, consolidating our own resources by harnessing the expertise of local fishers to assist in survey and sampling work. To minimise the potential for detrimental impacts on cod spawning, any such activity in the closure area during the spawning season would be for the purpose of gathering scientific evidence. To monitor this activity the Marine Directorate could, for example, mandate carriage of appropriate REM, introduce creel limits, enhanced reporting requirements, and real-time closures of areas where spawning cod are encountered in significant numbers.

26. The TSP could potentially include:

a. A more regular programme of surveys throughout the year (working with appropriately monitored local creel and trawl vessels) and across the Clyde area to improve understanding of abundance, stock structure, sediment disturbance and also the role of bycatch in creel fisheries.

b. Progressing our acoustic monitoring programme, using fishers’ knowledge to identify suitable sites to improve understanding of distribution and abundance of spawning cod both inside and outside the closure area.

c. Building on Ana Adao’s work by evaluating the applicability and impact of new data on the Clyde stock assessment model, paving the way for more agile and better-informed decision-making for this stock in isolation.

1.6 Proposals for the Clyde Seasonal Closure from 2026

27. We seek stakeholder views on the following options:

28. Option One: Reinstate the Clyde Seasonal Closure via SSI for 2026 and 2027, in the same location and for the same duration as 2025 with no exemptions (area map and coordinates are set out in Annex B).

29. Option Two: Implement the TSP set out at paragraph 25 – 26 from January 2026. Additionally, reinstate the Clyde Seasonal Closure via SSI for the duration of the TSP from 2026 until 2028, in the same location and for the same duration as 2025, with no exemptions (area map and coordinates are set out in Annex B).

30. We propose a three-year time period as our scientific advisors require a minimum three years’ data in order to gather the necessary data to draw meaningful conclusions.

31. Option Three: The original Clyde Seasonal Closure^[7] was identified over 20 years ago using the combined knowledge of active fishers and scientific surveys. It covered two adjoining sea areas (area one and area two, Annex A). Exemptions for areas one and two were, until 2022 as follows:

• Area one: Nephrops trawlers, scallop dredgers and creel vessels
• Area two: Scallop dredgers and creel vessels

32. Exemptions were removed in 2022, meaning that there was a complete prohibition of fishing within the spawning area. Whilst the previously exempted fishing methods were understood to catch few cod, we did not previously account for the disturbance these methods have on spawning cod. Scientific research suggests that any activity within 10 metres of the seabed has the potential to impact on spawning activity.

33. In the interests of taking a broader look at the Clyde Seasonal Closure, we wish to explore views on this previous iteration of the Clyde Seasonal Closure, including whether we should reconsider reinstating some of these exemptions.

34. Restrictions contained in the South Arran MCO which overlap with parts of the Clyde cod closure area will continue to apply in addition to the measures which will be contained in any policy delivered as a result of this consultation.

35. Other Options: In addition to the options set out above, question seven of the consultation seeks alternative proposals or additional complementary measures.

36. Our previous consideration of the area and time of the Clyde Seasonal Closure was based on historic agreement by the fishing industry and given that recent survey work by Marine Directorate has observed only small numbers of cod inside and outside of the closure area, we welcome views on how we could modify our approach. These can include but are not limited to altering the area or duration of closure, or incorporating other technical measures to limit the disturbance caused by fishing activity.

1.7 Conclusion

37. The Clyde cod seasonal closure presents a challenge in terms of protecting the species in ways that are effective but that minimise impacts on fishing businesses who rely on the area for their livelihood. We recognise that many of these challenges are not easily answered and our stakeholders have diverse views. This is why we have expanded the range of options for consultation.

38. Your views are now invited on the issues raised in this paper, by answering the questions at Annex D.

1.8 Consultation Questions

1. The Clyde Seasonal Closure should remain in place for 2026 and 2027 in the same location and during the same time period as in 2025:

Strongly Agree / Agree / Neither Agree nor Disagree / Disagree / Strongly Disagree / Don’t Know

2. The current timing and location of the Clyde Seasonal Closure are appropriate for protecting spawning cod:

Strongly Agree / Agree / Neither Agree nor Disagree / Disagree / Strongly Disagree / Don’t Know

3. What is your opinion of the option to carry out a three-year targeted Scientific Programme (TSP) to improve the evidence base about Clyde cod:

Strongly Agree / Agree / Neither Agree nor Disagree / Disagree / Strongly Disagree / Don’t Know

4. Should we lay an SSI that continues until the end of the TSP (2028):

Strongly Agree / Agree / Neither Agree nor Disagree / Disagree / Strongly Disagree / Don’t Know

5. The Scottish Government should work collaboratively with local fishers during the TSP to maximise data collection and improve scientific understanding:

Strongly Agree / Agree / Neither Agree nor Disagree / Disagree / Strongly Disagree / Don’t Know

6. What is your opinion on the Scottish Government returning the Clyde Seasonal Closure to the area, duration and exemptions that were utilised from 2002 until 2022:

Strongly Agree / Agree / Neither Agree nor Disagree / Disagree / Strongly Disagree / Don’t Know

7. Do you have any further views on alternative or complementary management measures that could be considered for the protection of cod spawning in the Firth of Clyde for 2026 and beyond?

8. With reference to management of Clyde cod, do you have views on the balance between environmental protection and the socio-economic benefits provided by our fishing industry?