Committee
Rural Affairs and Islands Committee 11 February 2026 [Draft]
11 Feb 2026 · S6 · Rural Affairs and Islands Committee
Item of business
Subordinate Legislation
Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2026 (SSI 2026/10)
Dr Coby Needle (Scottish Government)
Watch on SPTV
Good morning, everyone.Convener, the disturbance point that you raise is interesting. Disturbance was used initially as a driver for the spawning closure in the context of a lack of evidence one way or the other at that time. That is still the case, in a sense, as there is no evidence that disturbance is affecting spawning. Then again, there is no evidence that it is not. We cannot really tell either way—it is a difficult one—although we now have the Strathclyde assessment model, which we did not have previously. That has been published, and it is an excellent piece of work, with which I think we all agree, on the implications of the overall direction of stock dynamics up to 2019.Since 2019, we have had survey data that has been produced from the marine research vessel Scotia. That is not indicating any stock recovery in the area, so the cod stock is still in a poor state. In a situation in which we have a stock that is maintaining in a poor state, it may be that the spawning closure is preventing it from declining further—we do not know. In general, if you have a stock that is in a poor state and you have a management measure that is trying to protect it during at least part of the year, it does not seem precautionary—or appropriate, necessarily—to remove that measure without knowing much more about the situation.Allied to the SSI, we have the targeted science programme. Part of the idea behind that is to determine exactly where spawning is happening in the Clyde. The spawning closure was based on a hypothesis about spawning behaviour and the benthos that cod need in order to be able to spawn, but it is a fairly blunt instrument. As we get more information in the future, through the TSP, both from our survey information and from bycatch data that we can get from across the fleet sectors, the intention is that we will get a clearer idea of where spawning is happening. Closures can then be more precisely targeted to those spawning areas, to protect that spawning activity, instead of our taking the broad-brush approach that we are using just now.That is for spawners, but there is not much point in protecting spawners if we do not then also try to protect the juveniles. At the same time, therefore, the TSP is going to look at where the juvenile areas are in the Clyde, so that we can also try to protect them.It is about making the management instrument much more evidence based and dynamic as we go forward, so that we are targeting management measures where they need to be and not having them where we do not need them any more.
In the same item of business
09:01
The Convener
Con
Our next item of business is consideration of a Scottish statutory instrument. I welcome Mairi Gougeon, the Cabinet Secretary for Rural Affairs, Land Reform ...
The Cabinet Secretary for Rural Affairs, Land Reform and Islands (Mairi Gougeon)
SNP
I will start by setting out clearly why action is required, what the order is going to deliver and how we intend to work with stakeholders throughout its imp...
The Convener
Con
Thank you, cabinet secretary.In the last paragraph of your statement, you said that you want to take an evidence-based approach. That does not appear to be w...
Mairi Gougeon
SNP
We set that out quite clearly in the letter that I sent to the committee. As I said in the letter,“It is correct that there is no direct evidence from the Cl...
The Convener
Con
I am still confused. All the data suggests that spawning may not be the main problem limiting stock recovery, but this SSI does not bring anything to the tab...
Mairi Gougeon
SNP
First, the order maintains the closure, which is the precautionary and proportionate approach to take, so that we are at least providing minimum protection f...
The Convener
Con
But it is at a point when they do not need protected—
Mairi Gougeon
SNP
I was coming to that, convener, with regard to the purpose of this work. We cannot look at the order in isolation, because the key to the order and the work ...
Dr Coby Needle (Scottish Government)
Good morning, everyone.Convener, the disturbance point that you raise is interesting. Disturbance was used initially as a driver for the spawning closure in ...
The Convener
Con
I am still confused, because, in the cabinet secretary’s own words,“the stock maintained relatively high productivity”despite fishing pressure. That suggests...
Dr Needle
I interpret that as saying that, at least up until 2019, the assessment model implied that the productivity of the stock was maintaining at a relatively high...
The Convener
Con
Yes, but the spawners are not going to be affected by this SSI.
Dr Needle
But if there are fewer spawners because of high fishing pressure—
The Convener
Con
During spawning, though?
Dr Needle
During spawning and throughout the year—
The Convener
Con
Surely the spawners are there and they are going to spawn. What is going to be affected through the closure is the act of spawning, not the number of spawner...
Dr Needle
The closed area of the Clyde currently runs for 11 or 12 weeks. We have, therefore, already removed that element of mortality from the area anyway, so we wil...
The Convener
Con
Okay. Thank you.Rhoda Grant has a supplementary question.
Rhoda Grant (Highlands and Islands) (Lab)
Lab
Dr Needle, I want to go back to something that you said about the SSI. Did I pick you up right as saying that there could be further measures imposed under t...
Mairi Gougeon
SNP
I will just jump in on that point. As I outlined in my opening comments, the intention of the scientific programme would be adaptive, so we would look to tak...
Rhoda Grant
Lab
I think that it would be better to have an assurance that if any further measures were going to be taken under the powers given under the SSI, those would co...
Mairi Gougeon
SNP
That is the case even with regard to the work that I have just mentioned, such as the future catching policy. We are intending to consult on those measures w...
Rhoda Grant
Lab
I think that we would be happier with a commitment that you will come back to this committee or a future committee if there are any more closures or restrict...
Mairi Gougeon
SNP
I think that it would be in everybody’s best interests to do that. We would want to keep the committee updated if there were to be any changes.As I said, the...
Rhoda Grant
Lab
I am really looking for a guarantee that measures would not be imposed without reference to the committee, and without our having the ability to scrutinise a...
Mairi Gougeon
SNP
I might bring in Jim Watson here. If we were to make any substantive changes that would impact the order, it would mean that we could potentially bring forwa...
Jim Watson (Scottish Government)
I can elaborate on how we envisage this working with the stakeholders from month to month. The cabinet secretary has mentioned the working group, which will ...
Rhoda Grant
Lab
I am really concerned that you will not give me a guarantee that, if other measures are being imposed, you will bring the matter back to give Parliament the ...
Mairi Gougeon
SNP
I will provide clarity on one point. The order is specific in that it sets out the area that is closed. Should there be any changes to that, or should we ide...