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)
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 implementation. First, I acknowledge the strong views on the issue, and I make it clear from the outset that the purpose of the order is to support the recovery of cod stocks in the Firth of Clyde while meeting both our environmental and our socioeconomic responsibilities. That balance is not optional but essential.Seasonal management measures have been in place in the Clyde since 2002, but, despite protections having been strengthened over the years, the scientific advice remains concerning. We know that spawning stock biomass is still very low and that, although there are some signs of stability, improvement remains limited. Cod fishing mortality is too high, but, although the precise drivers are not yet fully understood, it is clear that recovery is possible. I know from the evidence that the committee heard that stakeholders differ on how best to intervene, but there was broad acknowledgement of the need to protect the stock, and I believe that this order provides a proportionate and structured way to do that.I will take a moment to set out what the order and the targeted scientific programme will actually deliver, because I think that there has been some confusion around that. The order will maintain the seasonal closure in the same area for 2026 to 2028, covering all gear types. It will allow limited access for certain creel and trawl vessels to carry out scientific research, complemented by wider research across the Clyde throughout the year, and it will restrict access to the wider Firth of Clyde to vessels with a valid historical track record from 2023 to 2025 and those undertaking authorised scientific work. That is essential, both to support the scientific programme and to prevent any new or displaced fishing effort from undermining recovery.Alongside that, the three-year targeted scientific programme will strengthen the evidence base, which has historically been lacking. The programme will draw on all available data, monitor bycatch and discards across all sectors and carry out additional surveys to support future stock assessments. It has been designed together with local fishers and scientific experts, using marine directorate vessels where appropriate and commercial fishing vessels. It is about fairness, consistency and delivering practical, robust evidence. Crucially, the programme enables an adaptive management approach, which means that new measures can be introduced during the three-year science programme as new evidence emerges. To be clear, however, a three-year SSI does not mean that no further action will be taken within that time. Without that flexibility, existing data gaps are going to persist and our ability to implement proportionate, effective measures will be limited.During the three-year work programme, the policy will be kept under review and we will provide the committee with an annual progress report, thereby ensuring that there is transparency and accountability throughout the three-year period.Taken together, the order and the scientific programme represent precautionary, proportionate action, a stronger evidence base for the future and a clear alignment with the sustainability and environmental duties that are set out in the Fisheries Act 2020.If the order does not proceed, that would leave a depleted stock without safeguards at a time when scientific advisers are increasingly concerned about the long-term outlook. I am committed to a sustainable, evidence-based approach that works with local fishers, that is balanced and adaptive and that meets our environmental and socioeconomic responsibilities.With that, I am happy to take any questions that the committee might have.
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...