Scotland's Future Catching Policy: Selectivity Proposals Consultation 2026

2. Background

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.

Over time, this has supported the development of a diverse industry. There are different target species, depending on the type of fishing vessel and where it operates. Some fishing vessels operate as part of a targeted fishery for single species (e.g. Mackerel, Lobster, Nephrops) whilst others operate as part of a mixed fishery. In the whitefish demersal sector, for example, vessels targeting a species such as Haddock will often catch other whitefish species such as Cod and Hake alongside their target. Given the wide variety of species caught through varying fishing methods and the complex statutory and regulatory context that fishing operates within, fisheries management is challenging; it is increasingly the case that management solutions need to be tailored specifically at a fleet and fishing operations level, rather than through the introduction of blanket measures that may not fit all.

As fisheries managers, it is important to ensure that fishing activity within Scottish waters operates sustainably and responsibly. Many of the existing rules and regulations that are already in place to support fisheries management have been developed over a number of years through collaboration across fisheries authorities, both across the UK and internationally. These range from technical conservation measures and areas in which vessels can fish, to the Total Allowable Catches (TACs) that are set in order to limit fishing activity to a level which is sustainable for the stocks concerned.

There are a number of different measures that are used to manage fishing activity and fish stocks. Management includes a combination of input controls (for example, the use of licences) and output controls (for example, the setting of fishing limits, often through the use of TACs). These input and outputs controls sit alongside the use of technical conservation measures, in particular net sizes or selectivity measures^[1]) which can include spatial (permanent and temporal) management measures. These measures are found across multiple pieces of legislation and amongst fishing vessel licence conditions, when used in combination they can be an effective way of helping ensure that fishers are operating sustainably. In a situation where illegal discards are continuing, it is important that fisheries managers continue to evaluate the effectiveness of our regulations to ensure they remain fit for purpose and deliver appropriate improvements where these are needed.

In order to maintain fish stocks at a healthy level and ensure that fishing activity remains within sustainable limits, we need to understand, monitor and regulate the amount of fish caught. Ensuring that catches of fish are accurately recorded is an important element of this, however, practices such as unreported or illegal discarding can hamper the ability of a fisheries administration to do this effectively. The introduction of the Landing Obligation had intended to deal with this issue but has proven difficult to implement due to a number of reasons^[2], not least, the difficulty in enforcing the landing obligation on such a large scale, which has resulted in poor adherence and compliance levels. A key element to the Landing Obligation’s ineffectiveness stemmed from the operational challenges in mixed fisheries, where it can be very difficult to avoid unwanted catches. As set out in this consultation, one way to manage this challenge is to look at improvements relating to selectivity, such as gear configuration, so that fishers can reduce or avoid, where possible, catching undersized or non-target species in the first place.

In addition to the management measures used to manage fishing activity in relation to fish stocks, there are wider environmental and ecosystem issues that need to be managed in our marine space. This includes the protection of key features and species through measures such as Marine Protected Areas. There are also a range of management measures in place and in development which help to address bycatch and entanglements of non-fish species, including cetaceans, seals and seabirds, that can occur as part of fishing activity. These combined measures are an important part of ensuring that Scotland has a healthy and sustainable marine ecosystem. This consultation will focus specifically on technical measures and so we ask for all respondents to keep their answers within the scope of the consultation.

Scotland’s Fisheries Management Strategy 2020 - 2030^[3] (the Strategy) set out a range of principles and commitments intended to deliver a sustainable and responsible approach to fisheries management in Scotland. Whilst acknowledging the range of measures already in place and in development to deliver this approach, the Strategy also recognised that improvements are possible. The Strategy therefore included a commitment to deliver a robust catching policy, in partnership with stakeholders, which would introduce a range of selectivity improvements to support fishing vessels to reduce unwanted catch and mitigate bycatch of sensitive marine species to increase sustainability and encourage compliance with legislation. This also forms part of the commitment under the Programme for Government 2025-2026 in supporting Scotland’s fishing industry to drive forward delivery of selectivity improvements.

The development of the Future Catching Policy supports a number of the key principles contained within the Strategy, most notably to improve accountability and confidence in sea fishing operations. It also supports the delivery of the bycatch, sustainability and ecosystem objectives within the Fisheries Act 2020, the policies contained within the Joint Fisheries Statement, and the policies and actions that will form part of the Fisheries Management Plans (FMPs).

We first consulted on the Future Catching Policy between 15 March and 7 June 2022. The consultation asked a number of questions regarding management processes for considering changes to existing rules and improvements to selectivity.

Through that consultation the Scottish Government sought views on the overarching process to develop improved fisheries management measures which would:

• Ensure a co-management approach providing a clear structure to engage stakeholders in improving the rules associated with reducing unwanted catch of fish and other species by improving the selectivity of the different fleet segments on a tailored basis, rather than a one size fits all approach.
• Recognising increasing pressures on available marine space and tensions between some parts of the fishing fleet operating using different types of gear, the FCP consultation sought views on additional management measures which might be required for the gill net and longline fisheries in order to address issues with displacement that can limit the ability of other vessels to avoid unwanted catch, and gear interaction.
• Taking a segment-by-segment approach to discard rules / exemptions, which are currently set out under the Landing Obligation (which requires that all fish subject to quota limits are landed unless subject to an exemption^[4]). This would allow us to adjust and simplify existing exemptions and discard rules to account for variations between fleet segments, whilst ensuring the principles of reducing waste and increasing accountability continue to be met.

Following the initial consultation, subsequent analysis of the consultation feedback, and discussions with stakeholders, we determined that further work was needed to help understand where further selectivity and technical improvements may be needed across all fisheries operating in Scottish waters. This would have the aim of helping fishers to reduce and avoid, where possible, catching fish and other sensitive marine species which they do not want to land or catch in the first place. The cumulation of the work undertaken on this is the subject of this consultation.