Scotland's future catching policy - selectivity proposals consultation 2026: partial BRIA

Executive summary

Issue and why it needs to be addressed

In order to ensure the sustainability of fishing activity and support healthy stock management it is important that we monitor, understand and account for how much fish is being caught across the various fleet segments that operate in Scottish waters.

There are a number of different measures that are used in order to manage fishing activity and fish stocks. There are rules in place designed to protect fish stocks and marine ecosystems by regulating how, when, and where fishing activity takes place. These measures aim to reduce unwanted catch (both of fish and sensitive marine species), protect juvenile fish, and minimise environmental impacts. These measures combined with the Landing Obligation are designed to reduce discarding of non-target species. However, in a mixed fishery it is very difficult to completely select out unwanted fish.

Addressing selectivity in fishing is essential for sustainable fisheries. Non-selective gear can lead to high levels of bycatch, including juvenile and non-target species, which contributes to waste and harms marine ecosystems. Improving selectivity helps protect fish stocks, supports compliance with regulations, and ensures that fishing practices are more transparent and accountable. Ultimately, it plays a vital role in maintaining healthy fish populations and reducing environmental impacts.

Intended outcomes

The selectivity proposals in the consultation are intended to improve the rules associated with reducing unwanted catch of fish and other sensitive marine species by tailoring the measures on a fleet segment basis, taking account of specific operational nuances across these fleet segments and their target species, rather than a one size fits all approach.

Improved selectivity in fishing aims to achieve several important outcomes that support both ecological and economic sustainability. These include:

• Reducing bycatch: Minimising the capture of non-target species, including juveniles and sensitive marine species.
• Protecting fish stocks: Allowing young fish to grow and reproduce, helping maintain healthy populations.
• Enhancing compliance: Supporting fishers in meeting regulatory requirements, such as landing obligation and quotas.
• Improving data accuracy: Ensuring that catch records reflect actual removals from the sea, which strengthens fisheries monitoring and management.
• Supporting long-term sustainability: Helping secure the future of fishing communities by promoting sustainable and efficient fishing practices.

Options

The following options have been considered as part of the partial BRIA:

Option 1 (preferred option): Implement selectivity improvements

Technical and spatial fisheries management measures are designed to improve overall selectivity, supporting fishers to reduce unwanted fish catch and minimise bycatch of sensitive marine species, such as cetaceans and seabirds. A one size fits all approach is not conducive to delivering improved selectivity as there are both nuanced issues and differences in species targeted across the fishing sector and we have therefore taken a fleet segment approach to consider specific issues and explore tailored measures, as required.

This fleet segment approach focuses on proposed selectivity improvements to reduce unwanted fish catch in the mobile large mesh demersal (>120mm nets), small mesh demersal (<120mm nets) and mixed fleet (which can currently carry two sets of nets of below/above 120mm). In regard to mitigating bycatch of sensitive marine species, measures are focussed on the static long line and creel fleet segments. These proposals apply to all fishing activity in Scottish waters and therefore cover Scottish, UK and non-UK vessels.

As noted above, the currently known costs associated with implementing the proposed selectivity measures have been outlined in this patrial BRIA. Some costs cannot be easily identified or quantified as this stage in the consultive process as selectivity projects are still ongoing or we are using this opportunity to gather evidence to aid in filling evidence gaps.

We are also exploring whether the current framework could be streamlined. Existing rules relating to technical conservation measures are complicated and can be difficult for fishers to find and understand for compliance purposes due to various requirements set out across multiple pieces of legislation and fishing vessel licences.

Taking forward streamlining of selectivity measures would aid transparency of regulation. Streamlining the framework may also allow the opportunity to amend current statutory provisions which no longer have an application in Scottish waters. Consolidation of legislation and the creation of a new framework can be complex and resource intensive and therefore is unlikely to be something that could be undertaken quickly. Subject to the outputs from the consultation, further work on scoping and timescales will be undertaken.

The benefits associated with these proposed selectivity measures are considered to be supporting sustainable fishing opportunities through reducing waste, helping fishers take positive action to reduce unwanted catch of fish and bycatch of sensitive marine species. Reducing unwanted catch and bycatch also supports wider ecosystem benefits.

It is considered that by pursuing option 1, this enables the Scottish Government to support delivery of sustainable fisheries for current and future generations. Option 1 would also support delivery of the objectives in the Fisheries Act 2020 as set out under the introduction to this BRIA.

Option 1 - Implement selectivity improvements – is recommended

Option 2 - Business as Usual (Do Nothing) – no selectivity improvements implemented

The Scottish Government have obligations arising from the Fisheries Act 2020 and the supporting commitments in the Joint Fisheries Statement to reduce bycatch by reducing or avoiding unwanted catch to ensure sustainable fisheries management.

A continuation of business as usual, through option 2, is unlikely to result in any additional costs to business. There may be some benefit of continuing with business as usual as current technical conservation measures would continue to be enforced, however, this would not represent a proactive approach to seeking improvements to further reducing unwanted catch under the bycatch objective. Option 2 of not pursuing improvements to selectivity would lose the benefit of enabling the Scottish Government to support delivery of sustainable fisheries for current and future generations.

Option 2 – Business as Usual (do nothing) – is not recommended.

Sectors affected

The following sectors have been identified as groups who will be directly affected by the proposal: Scottish fishing industry, UK fishing industry, international fishing industry operating in UK waters e.g. EU. Businesses indirectly affected have been identified as fishing gear manufacturers. Businesses will be invited to respond to the public consultation.

Engagement completed, ongoing and planned

To identify and explore areas for improvement and discuss and develop possible selectivity proposals, we have undertaken a period of stakeholder engagement since the publication of the initial consultation in 2022. The selectivity measures put forth for consultation have been informed by a range of stakeholder engagement initiatives over a number of months, including; discussions under the Fisheries Management and Conservation (FMAC) stakeholder group and the Future Catching Policy sub-group comprised of representatives from the Scottish fishing industry, environmental stakeholders, Statutory Nature Conservation Bodies (SNCB’s), academia and Marine Directorate Policy; Technical level workshops with stakeholders and separate bilateral meetings.

This was part of a process known as ‘pre-consultation’. Feedback received as part of formal public consultation alongside further discussions with stakeholders through FMAC will help shape the selectivity measures to be implemented.

Anticipated impacts (intended and unintended, positive and negative) and mitigating actions

There are economic considerations around introducing the selectivity proposals involving a balance of short-term costs with long-term benefits. There may be upfront costs for the purchase of new fishing gear or retrofitting existing equipment, which can be particularly challenging for small-scale operators. However, these investments can pay off over time as healthier fish stocks and improved catch quality lead to better market prices. It should also lessen the burden on fishers dealing with unwanted catch which takes time to sort and takes up valuable hold space which could otherwise be given over to their target species.

Although there may be upfront costs in terms of fishing gear, this can be mitigated by building in transitional periods e.g. move to improved selectivity option when gear requires replacement.

Furthermore, while innovative gear may have a higher initial cost, as demand grows and use of the gear becomes more widespread, costs may reduce over time. e.g. dual separator codend and sinking groundline.

Fishing gear manufacturers may see an increase in timescales to source required materials but this should reduce as time progresses.

Employment levels could be affected by the introduction of selectivity proposals. The transition may temporarily reduce fishing effort, which can impact crew employment and create uncertainty for those dependent on daily catches. However, in the long term, adopting sustainable practices helps secure jobs by increasing the sustainability of stocks and ensuring the continued viability of fisheries. Additionally, fishers may require training to use new gear effectively, presenting opportunities for skill development and capacity building, though this also demands time and resources to implement successfully.

Reducing unwanted catch of both fish and bycatch of sensitive marine species supports biodiversity promoting improved stock sustainability by reducing overfishing pressure.

Enforcement/ compliance

Marine Directorate: Operations, play a central role in ensuring the enforcement of sea fisheries regulations in Scottish waters and in the monitoring of the marine environment and marine species. Enforcement activities are guided by national and international laws to ensure sustainable fishing and marine resource protection. Key actions they undertake include sea patrols, aerial surveillance and port inspections.

Any selectivity proposals that are implemented on a regulatory basis will form part of the sea fisheries regulations the Operations portfolio enforce.

Evaluation and monitoring of implementation/ review of BRIA

A full BRIA will be undertaken once the outcome of the consultation is known and a finalised position has been agreed on what proposals will be taken forward. Some proposals that are being consulted on are for a call for evidence or to seek views as projects have not yet been completed at the time of the consultation and therefore full costings are not yet available.

Proposals will be taken forward on a level playing field basis and we will evaluate the best way to deliver this once the consultation’s outcomes are known.

Sampling programmes are used to make annual assessments of the quantity and composition of the demersal catch. The catch is divided into the landings and bycatch (unwanted catch) components. The Scottish Demersal Observer Programme, operated jointly by the Marine Directorate of the Scottish Government and the Scottish Fisherman's Federation, collects biological data from the bycatch of these trawler fleets targeting demersal species in the North Sea and the West of Scotland. Selectivity measures will focus on the effectiveness of the measures on impacts of the discard rate and bycatch of sensitive marine species.