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

Section 1: Background, aims and options

Background to policy issue

Scotland’s seas are home to rich and diverse fish stocks meaning that Scottish waters are some of the most productive in the world for sea fishing, both in terms of quality and quantity.

Fishing vessels target different species depending on their type and area of operation. Some are involved in single-species fisheries (e.g. mackerel, lobster, or Nephrops), while others participate in mixed fisheries. For instance, in the demersal whitefish sector, boats aiming to catch haddock often also land other species like cod and hake. The diversity of species caught, combined with the range of fishing techniques and complex regulatory framework, makes fisheries management a challenge. Increasingly, effective management requires tailored approaches at the fleet and operational level, rather than broad, one-size-fits-all approach.

To ensure fishing activity stays within sustainable limits, it is essential fisheries managers monitor, understand, and regulate how much fish is being caught.

The introduction of the Landing Obligation, introduced through the EU’s Common Fisheries Policy and now part of assimilated UK law, was designed to reduce the amount of unwanted fish being discarded. While it has helped reduce discards, putting it into practice has been challenging, especially in mixed fisheries, where fishers often catch several species at once. We recognise the continuing challenges with effective implementation, and thus enforcement, that need to be addressed and that is one of the primary drivers behind the FCP.

Issues around discarding are complex and can include:

• Catching fish below the Minimum Conservation Reference Size (MCRS) which have no or minimal economic value but counts against quota
• Catch composition rules which specify the maximum (or minimum) percentage of the catch by gear type for a specific species
• ‘High grading’ which is the illegal practice of only a certain size of fish being retained on board to meet maximum market value with other fish less valuable but still of marketable size being discarded to maximise the value return against quota usage resulting in significant amounts of waste
• Fish with very little to no market value may sometimes be discarded as there is no return for the cost of landing it, and often significant economic costs to landing it (fuel, hold space, box charges labour, no markets or disposal routes available and often expensive costs for renting quota)
• Lack of quota
• Accidental catch of sensitive non-fish species

It is worth noting when considering the various reasons why discarding may take place that they do not apply generally across all parts of the Scottish, UK and international fleets. Issues around discarding are nuanced between fleet segments and the different reasons for discarding are not acknowledged within the application of the current landing obligation, which instead follows a blanket approach.

In conjunction with the landing obligation there are technical conservation measures which set out selectivity measures such as technical measures which detail the type of fishing gear that can be used to target fish and spatial measures such as haul by haul reporting and move on rules reporting that fishers must adhere to.

Selectivity in commercial fishing is crucial for several ecological, economic, and regulatory reasons. It is important that fisheries managers continue to implement the most effective selectivity measures in order to further reduce discards and bycatch of sensitive marine species. Selectivity measures go hand in hand with the landing obligation in order to:

1. Conserve Fish Stocks

• Selective fishing methods target specific species and sizes, reducing the capture of juveniles and non-target species helping maintain healthy populations and prevents overfishing, ensuring long-term sustainability.

2. Reduction of Bycatch

• Minimises bycatch, protecting biodiversity and reducing waste.

3. Compliance with Regulations

• Many fisheries have size limits, quotas, and species restrictions and selectivity helps fishers comply with these rules and avoid penalties.

4. Economic Efficiency

• Targeting the right species and sizes improves product quality and market value and reduces time and cost spent sorting catches and discarding unwanted fish.

5. Ecosystem Health

• Selectivity supports balanced ecosystems by avoiding unnecessary removal of key species.

Purpose/ aim of action and desired effect

Improving selectivity is essential to continue to reduce unwanted catch of fish, and therefore rates of discarding, and bycatch of sensitive marine species, such as cetaceans.. By adopting improved selective fishing practices, fishers can reduce catch of non-target species to sustain long-term fishing opportunities and food security. Enhanced selectivity also supports compliance with regulations like quotas and the landing obligation, ensuring reported catches accurately reflect what is taken from the sea.

By consulting on the selected selectivity proposals, our view is that these proposed measures will strengthen our ability to reduce waste and increase accountability, by improving the approach taken to reduce unwanted catch by building on and adjusting the technical rules that are in place. Selectivity measures are not static, as innovation occurs we should look to implement best practice underpinned by the best scientific evidence. It is crucial for fisheries managers to continually review and refine existing regulations as this ongoing evaluation helps ensure that the rules remain effective, relevant, and capable of driving meaningful improvements where necessary.

Options (considered so far/ still open)

Option 1 (preferred option): Implement selectivity improvements

The Future Catching policy aims to improve the rules associated with reducing unwanted catch of fish and other sensitive marine species by improving the selectivity of different fleet segments on a tailored basis, rather than a one size fits all approach. Each fleet segment has their own nuanced requirements in approach to improving selectivity to reduce discarding, and these can be further nuanced within the fleet segment themselves due to such things as geographical location of fishing activities and species targeted.

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 pots and creel fleet segments. These proposals apply to all fishing activity in Scottish waters and therefore cover Scottish, UK and non-UK vessels.

We are also exploring whether current framework of regulations could be streamlined. Existing legislation relating to technical conservation measures is complicated and can be difficult for fishers to find and understand for compliance purposes due to various requirements set out in a number of different pieces of legislation. Taking forward streamlining of selectivity measures would aid in transparency of regulation.

For measures which may require further evidence gathering, the process for gathering that evidence allows us to develop and implement voluntary good practice for such measures introducing improved, evidence-based management in collaboration with industry, other interested stakeholders and science.

The proposed selectivity measures cover both technical measures that range throughout the net and gear and spatial measures, such as move on rules, to support fishers to reduce and avoid unwanted catch of fish and bycatch of sensitive marine species.

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.

Below sets out what is currently in place for each fleet segment we are proposing improvements on selectivity and what we propose to introduce:

Haul by haul reporting

1. What is currently in place

Currently there is a requirement that fishing vessels fitted with an electronic reporting system must transmit an Electronic Logbook (e-Log) report at least once a day and not later than 24:00 hours when at sea. E-log reports capture key information such as location, time, species caught, quantities of catch and gear used.

While this approach has proven effective for broad monitoring, it lacks a granularity of data which can miss critical detail about when, where and in what quantities fish are caught throughout the day.

2. Proposed change and outcome

We are proposing that all fishing vessels in Scottish waters that are currently required to use an e-log (vessels 12m and over in length) move to a system of haul-by-haul reporting. In simple terms, haul-by-haul reporting refers to the practice of recording detailed data for each individual fishing haul, after that haul has occurred. This is proposed in place of the, the current system where fishers summarise their catches at the end of a 24 hour period, or before they return to port – whichever comes first. For mobile gear fishing vessels (i.e. trawlers) this would be required after every fishing operation i.e. the nets have been deployed, towed and then recovered or “hauled” aboard. For static gear vessels (i.e. gill nets, longlines, creels) this would be required after every fleet is recovered, as opposed to after every pot or line.

Large Mixed Demersal fleet segment

1. What is currently in place

A requirement for demersal bottom trawls to have a minimum of 120mm mesh size in the codend. These are almost universally rigged in a diamond mesh format. They also operate with an additional 120mm square mesh panel in the top of the extension piece if fishing east of the Cod Recovery Line in ICES Via (French line).

2. Proposed change and outcome

We propose to allow codends with square mesh of a minimum of 100mm. Diamond meshes would still need to be above this limit, but we would add a stipulation for a smaller allowed mesh if using the square configuration. Fishers would be able to choose whether they use the diamond mesh or square mesh codend. This will result in the potential wider spread use of square mesh codends, with potential to result in less retention of small fish.

Mixed demersal fleet segment

1. What is currently in place

A one-net rule that prohibits the carriage of nets both above and below 100mm codend mesh size on a vessel at the same time, but does not prevent a vessels from carrying 120mm codend mesh minimum for whitefish, and 100mm+ codend mesh minimum for directed fisheries (such as Nephrops) at the same time.

2. Proposed change and outcome

A one net rule is currently in place in fishing vessel licence which stipulates that multiple nets may be carried aboard a fishing vessel, provided they are both above 100mm or both below 100m. However separate legislation draws the line for targeting whitefish at a miniumum of 120mm.

As such, the one net rule is currently not fit for purpose as it creates issues around whitefish being targeted with a net that is below this 120mm minimum. The proposal is to update the one net rule in order to ensure that the minimum standard for selectivity is met, dependent on the targeted species i.e. a vessel is either fishing purely for whitefish, in which case they are using 120mm and over nets, or they are a “directed fishery”, in which case they are allowed to use under 120mm nets but will be subject to additional selectivity measures e.g. square mesh panel, catch-composition and spatial measures (such as move-on rules).

If partaking in a directed fishery catch-composition rules will apply (requiring vessels to move-on and/or return to port if they cannot meet their catch composition requirements). These rules would stipulate an expected percentage or ratio of the targeted catch (e.g. Nephrops) alongside a realistic margin of expected unwanted or unavoidable catches. Failure to meet these expected percentages would result in having to move on to another location to reduce unwanted catch and maximise catches of the target species or returning to port to change nets. At this stage we are consulting on the principles of the proposed catch composition rules and do not have detail in regard to percentages or ratios of the target catch.

We propose to introduce legislation to allow fishers an alternative approach of using a dual codend separator gear to pursue both whitefish and directed species. Fishers could either choose to purchase a full dual cod-end separator rig or utilise current fishing gear by modifying the gear by using 80/120mm cod-ends attached to the elevator panel in the bag which is ready to sew on.

Small Mesh Demersal

1. What is currently in place

Currently this fleet segment use demersal bottom trawls to catch mainly Nephrops and some ground fish and utilise nets with a cod-end mesh size of between 80mm – 119mm. A suite of additional selectivity requirements such as square mesh panels or other selectivity attachments are also used, depending on vessel power exemptions.

For example, most vessels in the Firth of Clyde using 80mm – 119mm codends, must have a square mesh panel installed of 3m length and 300mm mesh size – however if the vessel is below 112kw or 12m in overall length, they may use a square mesh panel of 2m and 200mm.

Current rules state that a square mesh panel, when installed must have no more than two open diamond meshes between the longitudinal side of the panel and the adjacent selvedge in the West of Scotland and no more than five in the North Sea. This can cause some confusion for fishers and inhibits the ability for fishers to move across the North/West line without changing their gear.

Current legislation states that the overall length of the square mesh panel will be positioned no further than 9-15 metres from the cod-line (i.e. the rearmost row of meshes of the panel shall be no more than 15 metres from the cod-line).

A lifting strap is a piece of rope or wire loosely encircling the circumference of the codend or the strengthening bag, if any, and attached to it by means of loops or rings. More than one lifting strap may be used at any time. This helps to safely lift heavy hauls.

Flotation buoys are often used around the square mesh panel in order to keep the larger meshes open to better facilitate the escape of fish, however there is no legislation regulating their use and this can cause issues with selectivity if attached incorrectly.

2. Proposed change and outcome

We propose to consider increasing minimum codend mesh size to 100mm. It is considered that in high fish abundant areas this would result in less small fish being caught but could potentially lead to loss of marketable Nephrops. However, it may also result in small unmarketable Nephrops with high survivability being selected out, having a positive impact on sustainability and reducing burden on businesses to deal with such catch.

We propose to unifying square mesh panel requirements across the small mesh demersal fleet segment so that all directed fisheries are fishing at the same standard (i.e. 80mm diamond mesh codend minimum, with a square mesh panel in the top of the extension piece of at least 300mm at 3m long).

We are seeking views on the low power exemption for square mesh panels in order to deliver standardisation.

We propose to amend current requirements on the standard for position of square mesh panels from the cod-line. Data suggests that the closer the panel is inserted towards the cod-line, the more effective it will be at selecting out fish. The current standard of no less than 15m can be improved upon and we propose this range should be amended to 6-12m.

We are proposing to allow floats to be used around the square mesh panel, provided they do not block the openings of the square mesh or are attached directly to it.

We propose to require lifting straps be made of a non-elastic material in order to prevent the use of bungee cords as a means of circumventing the measurement stipulations.

We propose to increase the twine thickness allowed in the square mesh panel when the mesh size exceeds 300mm. This should aid in helping maintain the square meshes open shape.

As outlined under the mixed fleet segment measures, all directed fishing vessels be subject to additional management measures, and catch composition rules. However, we understand that there is great variance in the small mesh fleet and so we would look to tailor these rules depending on the type of operation (e.g. varying reporting requirement thresholds depending on the length of the trip).

Gill Net

The consultation does not include particular proposals for gill nets, rather, within this consultation we are seeking a call for evidence on any further selectivity measures that may be implemented within this fleet segment to reduce bycatch of sensitive marine species or improve knowledge regarding this bycatch.

Long Line fleet segment

1. What is currently in place

There is no legal requirement to deploy mitigation measures in the fishery in UK waters. However, some mitigation measures are used voluntarily by vessels fishing in Scottish waters.

2. Proposed change and outcome

There has been a great deal of partnership working with the fleet, which has invested significant effort in developing and trialling practicable and effective mitigation measures. This has included development of bird scaring lines, or ‘streamers’ which are brightly coloured lines that are towed from the vessel, over the area where the baited hooks are deployed to deter birds from entering that area. We would require that the fleet deploy streamers as part of their fishing operation.

Other best practice measures would also be encouraged including offal management and night setting, where appropriate. Offal management is an important issue because discarded offal (fish waste such as heads, guts, and frames) during line setting or hauling can attract seabirds, leading to entanglement or hooking. One aspect of offal management is the discharge location, with best practice to discharge offal on the opposite side of the vessel from where the gear is being hauled. For many this would require re-routing which would require modification to the vessel.

Pots and Creels fleet segment

1. What is currently in place

Best practice guidance for the creel fishery^[6] to reduce the incidence of entanglement of minke whales and basking sharks.

2. Proposed change and outcome

We propose to continue to support and promote the use of the sinking ground line and look at ways to incentivise its use. The Scottish Entanglement Alliance have been undertaking trials with sinking groundline rope to test their use in creel fleets against normally used floating groundline rope which increases entanglement risk.

Supporting the use of sinking groundline should help to reduce the entanglement of whales and basking sharks by decreasing interaction with gear as the groundline will sit lightly on the seabed with minimal movement rather than floating in loops in the water column.

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 fall short in proactively 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/ Groups affected

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

• Scottish fishing industry
• UK fishing industry
• International fishing industry operating in UK waters e.g. EU

The overall number of active Scottish based fishing vessels in 2024 is approximately 1,998. Focussing specifically on the fleet segments we are proposing selectivity improvements for:

Large Mesh Demersal

• This fleet segment comprises of approximately 96 fishing vessels in Scottish waters who use large mesh demersal trawls as their primary method of fishing*. Of this, 66 are Scottish registered vessels, 11 are UK registered and 19 are non-UK vessels^[7].
• These vessels operate all over Scotland, mainly outside the 12 nautical mile line

Mixed Demersal

• This fleet segment comprises of approximately 71 fishing vessels in Scottish waters who use a combination of large mesh and small mesh trawls as their primary method of fishing. Of this, 62 are Scottish registered vessels, 7 are UK registered and 2 are non-UK vessels^[8].
• These vessels operate all over Scotland, both inside and outside the 12nm but are often found off the east coast of Scotland in the North Sea, for example, Fladdens Grounds.

Small Mesh Demersal

• This fleet segment comprises of approximately 246 fishing vessels in Scottish waters who use small mesh trawls as their primary method of fishing*. Of this, 186 are Scottish registered vessels, 57 are UK registered and 3 are non-UK vessels^[9].
• These vessels operate all over Scotland, mainly inside the 12nm line

In 2024, 3,735 fishers were working on Scottish vessels, representing 0.1 per cent of the total Scottish labour force^[10].

Although employment in the fishing fleet is a small percentage of total employment in Scotland, employment in fishing accounts for a higher percentage of employment in island communities (Shetland 3%, Orkney 14% and Na h-Eileanan Siar 2%)

Fraserburgh is the district with the largest number of fishers (651) accounting for 17% of the total in 2024. It is also the district with the largest number of fishers who work regularly, with 578 regularly employed fishers. Stornoway had the most irregular fishers (79), accounting for 17% of the total fishers in this category.

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

• Fishing gear manufacturers (Scottish based)

Businesses will be invited to respond to the public consultation. This section of the

BRIA will be updated following input from relevant organisations