Abstract. In this paper we use a novel observational approach to investigate MODIS satellite retrieval biases of τ and r e (using three different MODIS bands: 1.6, 2.1 and 3.7 µm, denoted as r e1.6 , r e2.1 and r e3.7 , respectively) that occur at high solar zenith angles (θ 0 ) and how they affect retrievals of cloud droplet concentration (N d ). Utilizing the large number of overpasses for polar regions and the diurnal variation of θ 0 we estimate biases in the above quantities for an open ocean region that is dominated by low level stratiform clouds.We find that the mean τ is fairly constant between θ 0 = 50 • and ∼65-70 • , but then increases rapidly with an increase of over 70 % between the lowest and highest θ 0 . The r e2.1 and r e3.7 decrease with θ 0 , with effects also starting at around θ 0 =65-70 • . At low θ 0 , the r e values from the three different MODIS bands agree to within around 0.2 µm, whereas at high θ 0 the spread is closer to 1 µm. The percentage changes of r e with θ 0 are considerably lower than those for τ , being around 5 % and 7 % for r e2.1 and r e3.7 . For r e1.6 there was very little change with θ 0 . Evidence is provided that these changes are unlikely to be due to any physical diurnal cycle.The increase in τ and decrease in r e both contribute to an overall increase in N d of 40-70 % between low and high θ 0 . Whilst the overall r e changes are quite small, they are not insignificant for the calculation of N d ; we find that the contributions to N d biases from the τ and r e biases were roughly comparable for r e3.7 , although for the other r e bands the τ changes were considerably more important. Also, when considering only the clouds with the more heterogeneous tops, the importance of the r e biases was considerably enhanced for both r e2.1 and r e3.7 .When using the variability of 1 km resolution τ data (γ τ ) as a heterogeneity parameter we obtained the expected result of increasing differences in τ between high and low θ 0 as heterogeneity increased, which was not the case when using the variability of 5 km resolution cloud top temperature (σ CTT ), suggesting that γ τ is a better predictor of τ biases at high θ 0 than σ CTT . For a given θ 0 , large decreases in r e were observed as the cloud top heterogeneity changed from low to high values, although it is possible that physical changes to the clouds associated with cloud heterogeneity variation may account for some of this. However, for a given cloud top heterogeneity we find that the value of θ 0 affects the sign and magnitude of the relative differences between r e1.6 , r e2.1 and r e3.7 , which has implications for attempts to retrieve vertical cloud information using the different MODIS bands. The relatively larger decrease in r e3.7 and the lack of change of r e1.6 with both θ 0 and cloud top heterogeneity suggest that r e3.7 is more prone to retrieval biases due to high θ 0 than the other bands. We discuss some possible reasons for this.Our results have important implications for individual MODIS swaths at high θ 0...