Westminster Policy News & Legislative Analysis

Scotland sets Firth of Clyde fishing closures, exemptions to 2029

Scottish Ministers made the Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2026 (S.S.I. 2026/10) on 14 January 2026, laid it before the Scottish Parliament on 16 January, and bring it into force on 14 February 2026. The instrument is made under sections 5 and 20 of the Sea Fish (Conservation) Act 1967 and is published on legislation.gov.uk.

The Order prohibits fishing for sea fish by any method by any British fishing boat in a defined Firth of Clyde zone known as Area A until the end of 13 February 2029. For these purposes, a “British fishing boat” is a vessel registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or wholly owned by persons qualified to own British ships.

The prohibition is targeted by track‑record. It does not apply to a “relevant British fishing boat”, meaning any British fishing boat that fished for sea fish in Area A and landed any quantity of sea fish at least once between 1 January 2023 and 31 December 2025. This access test limits fishing to operators with recent activity in the area and excludes new entrants until February 2029.

For those relevant vessels, year‑round fishing is permitted in Area A except within two sub‑areas designated B and C. In Areas B and C, fishing is only permitted during seasonal windows: 1 May 2026 to 13 February 2027, 1 May 2027 to 13 February 2028, and 1 May 2028 to 13 February 2029. Practically, this creates a recurring closure in B and C from 14 February to 30 April each year.

Operations conducted for the purpose of scientific investigation under the authority of the Scottish Ministers are exempt from the prohibition. The instrument otherwise applies only to British fishing boats, as stated in the Explanatory Note.

Areas A, B and C are defined by precise geographical co‑ordinates and accompanying topographical descriptions set out in the Schedule. An illustrative map referenced in the Explanatory Note supports orientation, but compliance is determined by the co‑ordinates in the legal text, and skippers should plan passages against those points.

The Order runs alongside existing protections. The South Arran Marine Conservation Order 2015 imposes separate restrictions within part of the area described as Area A and continues to apply. Masters must ensure compliance with both regimes where they overlap.

The 2026 instrument revokes the Sea Fish (Prohibition on Fishing) (Firth of Clyde) Order 2024 (S.S.I. 2024/6), replacing it with a multi‑year framework that carries the Clyde closures and exemptions through to 13 February 2029.

Contravention of a prohibition under section 5 of the 1967 Act is a criminal offence. Under section 11, penalties include a fine up to £50,000 on summary conviction and an unlimited fine on indictment. Courts may also order forfeiture of fish and any gear used, and on summary conviction, where fish are not forfeited, an additional fine up to the value of the fish may be imposed.

In practical terms, vessel owners should confirm whether they meet the “relevant” definition, retain documentary evidence of qualifying 2023–2025 fishing and landings, and update voyage plans to reflect the co‑ordinates for Areas A–C. Seasonal planning should account for the 14 February–30 April closures in Areas B and C each year. A Business and Regulatory Impact Assessment has been prepared and is available via the Scottish Parliament Information Centre and on legislation.gov.uk.