Fishing - pelagic quota cuts 2026: equality impact assessment

2. Screening

2.1 Policy Aim

The Scottish Government is implementing a temporary amendment to the economic link licence condition in the Scottish commercial sea fish licence. This will apply to Scottish fishing vessels and is aimed at increasing the proportion of mackerel and herring to be landed by these vessels into Scottish ports. This is an emergency amendment aimed at mitigation and driven by a unprecedented reduction in the Total Allowable Catch (TAC) for these species in 2026.

The policy aligns with the National Benefit Objective, set out in the Joint Fisheries Statement (JFS), the Scottish National Marine Plan (Pt 6, Sea Fisheries) and Future Fisheries Strategy^[1] (FFS) and its support for inclusive economic growth, strengthening of local communities, and supporting a strong, sustainable and resilient fishing industry.

2.2 Who Will it Affect?

The policy aim is to strengthen the economic link licence condition for Scottish registered vessels to achieve greater benefits to Scotland and its fisheries -dependent communities from Scotland’s natural resources in terms of fishing opportunities. Licence conditions are to be amended with the aim of increasing the proportion of pelagic stocks landed into Scotland in 2026. This will impact a total of 21 pelagic fishing vessels and both primary and secondary processors.

In line with the strategy, these amendments to economic link licence conditions, recognise the benefits that fishing can have for coastal communities, onshore processing, improving infrastructure, local markets, healthy eating and sustainable supply chain and opportunities for training and employment.

2.3 What Might Prevent the Desired Outcomes Being Achieved?

Sustained TAC reductions beyond 2026 may result in business failure and a reduction of catching and processing capacity at a regional/national level without further intervention.

In the near-term, the proposed balanced government intervention may prove insufficient to maintain the supply of pelagic fish to the Scottish processing industry to maintain current levels of production and employment.

The economic link licence condition retains an alternative method, as opposed to landing volume of fish into Scotland, to comply. This takes the form of a retrospective quota pay-back (in the following calendar year) equivalent to 26% of the value (in terms of the potential landed value of the quota) of the shortfall to other wise meet the 70% landings threshold.

Since 2023, when the conditions were last amended, no pelagic vessel has sought to comply in this way. If vessels were to do so in 2026, this would reduce product supply to Scotland’s processing factories.

There remains the possibility of litigation by sections of the Scottish industry opposed to Government intervention.

Characteristics

Characteristic: Age

Fishing: The average age of crew on the sampled Scottish fleet and the total Scottish and UK labour force are comparable at around 40 years old (Marine Scotland, 2016). The age distribution of crew on Scottish vessels is also comparable to that of the UK and Scottish labour force. The exceptions are the 35-49 and the 50-64 age groups which are larger and smaller respectively for Scottish fishing crews.

The nationality of crews in the sample varies across age groups. Crew from the European Economic Area (EEA) and non-EEA account for a relatively large share in the age categories 21-30, 31-40 and 41-50, when compared to the younger (below 21) and the older (above 51) age categories ( Figure 6). The age distribution of crew by nationality in 2015 is comparable to that in the 2013 survey. The only notable difference is the presence of non-EEA crew under 21 years of age and a slightly smaller share of non-EEA crew in the 51-60 age groups in 2015. It would appear that young Scottish crews are still coming into the industry as demonstrated in the <21 groups in both 2013 and 2015.

Processing: The age category with the most full-time employees was 45-54. This is followed by 35-44, 25-34, then 54-65. Fewer employees were younger than 24 and older than 65.

Sources

Marine Scotland Science Scottish Sea Fisheries Employment 2015

Seafood Processing Industry Performance: 2023

Data Gaps and Action Taken to Address the Data Gaps

The only available data on workforce age that we could find is from these two surveys the most recent being 2015 so this data would benefit from being updated.

The Seafish report – Seafood Processing Industry Performance 2023 was the only available source of data identified.

Characteristic: Disability

In December 2024, the employment rate of disabled people in Scotland was 51.4%, compared to 83% for non-disabled people, representing a gap of 31.6 percentage points.

There is no data nor research on disability in the sea-food industry workforce as far as we are aware.

Source

Scotland's Labour Market Insights: April 2025

Data Gaps and Action Taken to Address the Data Gaps

Lack of data on disability. As the numbers are low it would not be viable to gather data on this theme.

Marine Directorate should consider if more data could be collected about what happens to workers who sustain injuries or disabilities when working in seafood and related industries.

Characteristic: Sex

Women are in the minority in the catching sector. Seafish reported that of 402 workers surveyed in 2024, only 2 were female.

By comparison women make up about half of the seafood processing workforce.

Women do a wide range of jobs including roles in fish capture, trading, seafood processing, management, administration, and looking after families.

The Women in Fisheries policy brief suggests that “Women’s contributions are often seen as “help” rather than “work””.

For the firms that reported number of Full Time Equivalent (FTE) workers by gender, there were 8,476 male FTE workers and 5,338 female FTE workers. However, the proportion of unreported gender in the sample is quite substantial (20%).

Sources

Quoted in “Women in Fisheries, Policy Brief”

2024 Employment in the UK Fishing Fleet — Seafish

Seafood Processing Industry Performance: 2023

Data Gaps and Action Taken to Address the Data Gaps

More evidence and data about the role and contribution of women in seafood jobs is needed.

For catching, the Seafish report – 2024 Employment in the UK Fleet was the most recent available source of data we could find.

For processing, the Seafish report – Seafood Processing Industry Performance 2023 was the only available source of data we could find.

Characteristic: Pregnancy and Maternity

We are not aware of any relevant existing evidence at this time on pregnancy and maternity in relation to this policy.

Data Gaps and Action Taken to Address the Data Gaps

Lack of data on pregnancy and maternity but numbers are very small so may not be viable or feasible to collect it.

Characteristic: Gender Reassignment

We are not aware of any relevant existing evidence at this time on gender reassignment in relation to this policy.

Data Gaps and Action Taken to Address the Data Gaps

No data identified for this characteristic. We will consider how to obtain data on this in future.

Characteristic: Sexual Orientation

We are not aware of any relevant existing evidence at this time on sexual orientation in relation to this policy.

Data Gaps and Action Taken to Address the Data Gaps

No data identified for this characteristic. We will consider how to obtain data on this in future.

Characteristic: Race

Fishing : A range of nationalities were represented in the 753 crews from sampled vessels in a Marine Scotland Workforce Survey.

Respondents from the United Kingdom identified their nationality as Scotland, Shetland and England, and accounted for 67.7%, 2.5% and 1.6%, respectively. Crews from the EEA totalled 8.1% of those sampled and came from six countries - Ireland, Latvia, Lithuania, Poland, Romania and Spain. Crews from non-EEA countries totalled 19.3% and came from four countries - Philippines, Ghana, Sri Lanka and Belarus.

Filipino and Ghanaian crews account for the majority of crews from non- EEA countries - 80% and 15%, respectively. Between the 2013 and the 2015 survey, the percentage of Ghanaian crew sampled has changed from 1.3% in 2013 to 2.9% 2015. Romanian crew, who were absent in the 2013 sample, made up 3.9% of the sampled crew in 2015.

A survey by Seafish in 2024 found that 82% of workers had British nationality. Of those that came from outside the UK, most were from the Philippines, with Ghanaians and Latvians being the next most common nationality.

In Scotland, most non-UK workers in the catching sector are employed on demersal trawlers over 10m, working as deckhands.

Processing: Of the total 17,246 FTE workers in the processing industry in 2023, 5,640 FTE workers were non-UK nationals (33%). This includes 5,187 EU/EEA FTE workers (30%) and 453 non-EU/EEA FTE workers (3%).

Sources

Marine Scotland Science Scottish Sea Fisheries Employment 2015

2024 Employment in the UK Fishing Fleet — Seafish

Seafood Processing Industry Performance: 2023

Data Gaps and Action Taken to Address the Data Gaps

The Seafish report – Seafood Processing Industry Performance 2023 was the only available source of data we could find.

Characteristic: Religion of Belief

We are not aware of any relevant existing evidence at this time on religion or belief in relation to this policy.

Data Gaps and Action Taken to Address the Data Gaps

No data identified for this characteristic. We will consider how to obtain data on this in future.

Characteristic: Marriage and Civil Partnership (the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices – refer to Definitions of Protected Characteristics document for details)

The Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices.

Stage 1: Framing

Results of Framing Exercise

In response to pleas from the pelagic processing sector, the Scottish Government engaged with the pelagic sector to establish if government intervention in relation to pelagic landings was in the public interest. Based on this consultation exercise and direct interviews with both catchers and processors we determined that action was justified and that its impacts will be limited to the reduction in turnover of 21 highly profitable vessels who have the alternative of quota gifting to meet their licence conditions.

Extent/Level of EQIA Required

In developing the amendment to the economic link criteria, we engaged with a range of fisheries organisations representing a diverse range of people with one or more of the protected characteristics which included trade bodies and individual companies which are representative of the sector. We also drew from existing evidence and work undertaken in respect of Scotland’s Future Fisheries Management Strategy and its associated EQIA. Together this helped us shape the policy in a way which recognises the importance of assessing new and revised policies against the needs of the general equality duty set out in section 149 of the Equality Act 2010 to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity between people who share a protected characteristic and those who do not, and foster good relations between people who share a protected characteristic and those who do not. The Scottish Government also considered whether the amended licence criteria could constitute direct and/or indirect discrimination.

Stage 2: Data and Evidence Gathering, Involvement and Consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Stage 3: Assessing the Impacts and Identifying Opportunities to Promote Equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people on the grounds of their age? Either directly or indirectly?

Positive impact on age:

• Eliminating unlawful discrimination, harassment and victimisation
• Advancing equality of opportunity
• Promoting good relations among and between different age groups

Reasons for your decision

The policy aims to make Scotland a more attractive place to invest, particularly in the pelagic industry and the communities that rely upon it for economic stability, employment and growth.

By encouraging new entrants to join the industry & ensuring sustainable industry maintains careers for those who are older.

Increased investment benefits all age groupings.

Do you think that the policy impacts disabled people? Either directly or indirectly?

No impact on disability:

• Eliminating unlawful discrimination, harassment and victimisation
• Advancing equality of opportunity
• Promoting good relations among and between different age groups

Reasons for your decision

There is no data nor research on disability in the sea-food industry workforce as far as we are aware. It is difficult to assess the type of impacts without further data.

Do you think that the policy impacts on men and women in different ways? Either directly or indirectly?

No impact on sex:

• Eliminating unlawful discrimination, harassment and victimisation
• Advancing equality of opportunity
• Promoting good relations among and between different age groups

Reasons for your decision

This policy is neutral in its anticipated impacts on employment against gender criteria.

Do you think that the policy impacts on women on the grounds of pregnancy and maternity? Either directly or indirectly?

No impact on pregnancy and maternity:

• Eliminating unlawful discrimination, harassment and victimisation
• Advancing equality of opportunity
• Promoting good relations among and between different age groups

Reasons for your decision

This policy is neutral in its anticipated impacts on employment against pregnancy and maternity, of which there is no data.

Do you think your policy impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex? Either directly or indirectly? (NB: the Equality Act 2010 uses the term ‘transexual people’ but ‘trans people’ is more commonly used)

No impact on gender reassignment:

• Eliminating unlawful discrimination, harassment and victimisation
• Advancing equality of opportunity
• Promoting good relations among and between different age groups

Reasons for your decision

We are not aware of any relevant existing evidence at this time to suggest an impact on people proposing to underdo, undergoing or who have undergone gender reassignment as a result of the policy.

Do you think that the policy impacts on people on the grounds of their sexual orientation? Either directly or indirectly?

No impact on sexual orientation:

• Eliminating unlawful discrimination, harassment and victimisation
• Advancing equality of opportunity
• Promoting good relations among and between different age groups

Reasons for your decision

We are not aware of any relevant existing evidence at this time to suggest an impact on people on the grounds of their sexual orientation as a result of this policy.

Do you think the policy impacts on people on the grounds of their race? Either directly or indirectly?

No impact on race:

• Eliminating unlawful discrimination, harassment and victimisation
• Advancing equality of opportunity
• Promoting good relations among and between different age groups

Reasons for your decision

In line with our “Fair Work First” policy, our view is that all those working in the fishing industry, regardless of national origin, should be paid and treated fairly.

Do you think the policy impacts on people on the grounds of religion or belief? Either directly or indirectly?

No impact on religion or belief:

• Eliminating unlawful discrimination, harassment and victimisation
• Advancing equality of opportunity
• Promoting good relations among and between different age groups

Reasons for your decision

We are not aware of any relevant existing evidence at this time suggesting that this policy impacts (directly or indirectly) on people based on their religion or belief.

Do you think the policy impacts on people on the grounds of their marriage or civil partnership? Either directly or indirectly?

No impact on marriage or civil partnership^[2]:

• Eliminating unlawful discrimination, harassment and victimisation
• Advancing equality of opportunity
• Promoting good relations among and between different age groups

Reasons for your decision

We are not aware of any relevant existing evidence at this time suggesting that this policy impacts (directly or indirectly) on people based on their marriage and civil partnership status.

Stage 4: Decision Making and Monitoring

Identifying and Establishing any Required Mitigating Action

If, following the impact analysis, you think you have identified any unlawful discrimination – direct or indirect - you must consider and set out what action will be undertaken to mitigate the negative impact. You will need to consult your legal team in SGLD at this point if you have not already done so. Have positive or negative impacts been identified for any of the equality groups?

Yes – positive

There may be certain groups with protected characteristics where this policy could have an impact on employment indirectly, so steps will be taken to ensure that there are not unintended negative consequences for those groups.

For those characteristics where we did not have any relevant existing evidence for assessing whether impacts would occur or not, we would be looking to review this EQIA should this data become available.

Is the policy directly or indirectly discriminatory under the Equality Act 2010? No If the policy is indirectly discriminatory, how is it justified under the relevant legislation? No If not justified, what mitigating action will be undertaken? No

Describing How Equality Impact Analysis Has Shaped the Policy Making Process

The policy of revising the economic link condition in the Scottish commercial sea fishing licence to increase pelagic landings (mackerel and herring) is largely neutral in terms of Equality as it applies equally to the limited number of vessels it applies to and benefits coastal communities as a whole.

Most significantly, this EQIA has highlighted important gaps in the data on certain protected characteristics within the fishing industry. There is a need for data collection, particularly in relation to disability, in order to better understand the picture of those working within the industry and the patterns of inequality which may exist. In our evaluation of this policy, we will continue to use any new data that is provided, to help address issues of inequality that come to light.

No material changes to the policy have arisen following this impact assessment.

Monitoring and Review

The performance against the revised licence condition will be continuously monitored throughout 2026 This will give us the opportunity to ensure that equalities issues are taken into consideration throughout the its intended lifespan, to ensure that there are no unintended consequences of adverse impacts, and that any negative impacts are mitigated wherever possible.

Stage 5 – Authorisation of EQIA

Please confirm that:

• This Equality Impact Assessment has informed the development of this policy: Yes
• Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation has been considered, i.e. (eliminating unlawful discrimination, harassment, victimisation; removing or minimising any barriers and/or disadvantages; taking steps which assist with promoting equality and meeting people’s different needs; encouraging participation – in public life; fostering good relations, tackling prejudice and promoting understanding): Yes
• If the Marriage and Civil Partnership protected characteristic applies to this policy, the Equality Impact Assessment has also assessed against the duty to eliminate unlawful discrimination, harassment and victimisation in respect of this protected characteristic: Not Applicable

Declaration:

I am satisfied with the equality impact assessment that has been undertaken for the Response to Pelagic Quota Cuts for 2026 and give my authorisation for the results of this assessment to be published on the Scottish Government’s website.

Name: Malcolm Pentland

Position: Deputy Director, Marine Economy & Communities Authorisation date: 17 December 2025