Shellfish Water Protected Areas: consultation analysis

Executive Summary

The Scottish Government is reviewing the designated areas of Shellfish Water Protected Areas (SWPAs) to ensure that SWPAs continue to protect and support the sustainable development of economically significant shellfish production. As part of the review, a consultation sought stakeholder views on potential changes to the designations, which were:

• 14 new designations
• 1 expansion
• 29 de-designations

The consultation ran from July 2025 to 29 September 2025 and received seventeen responses from industry representatives, regulators, interest groups, and individuals.

There was strong support for the addition of the proposed new and expanded SWPAs, and no objections to specific sites. Having considered the feedback from stakeholders, we intend to designate 14 new SWPAs and expand 1 SWPA.

However, the feedback on the proposed de-designations was mixed. While just over half of respondents supported the proposals, some stakeholders objected to the de-designation of specific sites, including where there has been investment over previous years and production is yet to begin. In addition, some stakeholders also disagreed with the proposals for de-designation more generally, particularly based on the criteria used to identify proposed sites for de-designation.

Stakeholders identified nine sites where there is ongoing production or investment and activities with the potential for future production and some stakeholders raised more general concerns about the criteria used for de-designation. Given these concerns, we will work with stakeholders to review the criteria used to identify sites for de-designation and designation to inform a decision on the 29 sites proposed for de-designation. However, stakeholder feedback indicated that it is not desirable to maintain all SWPAs indefinitely. We will, therefore, aim to complete a review of the criteria and consult with stakeholders on any relevant de-designations, as soon as possible to minimise potential impacts.

Stakeholders also raised wider issues including on environmental monitoring and water quality, which were noted and will be considered as appropriate.

Our immediate next steps will be to designate 14 new and expand 1 SWPA as soon as possible by making the necessary legislation to effect the designations. Alongside this, we will use stakeholder feedback and engage further with stakeholders to update the Business and Regulatory Impact Assessment. A further review of all designated areas will take place within six years.