What is this report about?

The Marine Strategy Regulations 2010 requires the Scottish Government to publish a programme of measures setting out how it will achieve GES in Scottish Waters, as part of the UK Marine Strategy (UKMS).

One key environmental challenge addressed by the UKMS is physical disturbance of the seabed, particularly from bottom-contact fishing gear such as trawls and dredges. These fishing methods can disturb ‘benthic’ habitats, (seafloor environments that support living species), affecting ecosystem structure and function.

As a result, a range of measures, including spatial fisheries restrictions and licensing of other human activities at sea, are identified by the Scottish Government as mechanisms to achieve GES in benthic habitats.

The most recent (2025) assessment confirmed that the 2020 target to achieve GES for benthic habitats was not achieved (as well as a range of other UKMS indicators).

Under the UKMS Regulations, governments are required to describe in the programme of measures how the actions proposed will contribute to the achievement of GES. However, to date, there has been little quantitative assessment of the contribution of different measures for UK or Scottish waters. This limits independent scrutiny.

This report aims to address that gap by outlining a straightforward and transparent methodology to quantify the potential contribution of spatial measures that restrict fishing, such as marine protected areas.

Why should people be interested in this report?

Healthy seas are essential for biodiversity, climate resilience, sustainable fisheries and coastal communities. Achieving GES matters because it is the benchmark by which we judge whether our seas are healthy, productive and used sustainably. This technical report will be of interest to academics, public bodies and authorities responsible for setting and monitoring environmental targets, and anyone interested in the scrutiny of government policies and programmes.

What areas of environmental law are relevant to this work?

The Marine Strategy Regulations 2010. The Regulations require the Secretary of Sate and devolved administrations to take measures to achieve or maintain GES in the marine environment by 2020.

What has ESS done?

ESS has adapted the existing internationally recognised framework (the BH3a indicator under the OSPAR Convention and UKMS), to provide a practical method to estimate the contribution of spatial fisheries restrictions to achieving GES. Our assessment focuses on the potential impact of measures identified in the 2015 ‘Programme of Measures’ in Scottish waters.

What was the result?

ESS’ analysis shows that estimating the contribution of spatial measures to environmental targets is both feasible and informative, and could increase transparency for the development of future programmes.

The analysis also shows that inconsistencies in methodology – for example, changing how the boundary of the North Sea and Celtic Sea are defined, or adjusting GES thresholds – can significantly influence conclusions about how much MPAs could contribute to meeting environmental targets. Inconsistent methodologies, such as these, hinder meaningful assessment of environmental status in Scottish waters.

The report does not provide judgement on whether the Scottish Government has met its duties. Instead, it highlights how developing a more consistent evidence base can support clearer assessment and more transparent planning for future programmes.

What happens next?

ESS intends to use this work as part of its broader evidence base in examining how effectively Scottish public authorities are fulfilling their duties under the Marine Strategy Regulations 2010. We expect to conclude this work later in 2026.

Supporting documents

This paper was peer-reviewed by members of the Marine Alliance for Science and Technology Scotland. You can read a summary of the reviewers comments and ESS’ response.

All data tables referred to in the report are available in this supplementary Excel file.

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