Latest analysis of testing on farmed salmon: EIR release

Information requested

The ‘latest analysis and data your organisation has used to permit licencing of farmed salmon’. Your request then proceeded to ask a number of questions. For ease in handling, we have broken these down into sections labelled A, B, C and D:

A. With respect to:

1. The chemical analysis for contaminants
2. Microplastic detection
3. Pathogen and parasite testing
4. Nutritional and compositional analysis
5. Biometric and welfare assessments

Can you confirm whether you receive information on all of these methods of testing before issuing licences please and if not why not?

What procedures have you put in place for existing licence holders regarding pollutants and parasitic outbreaks?

​​​​​​​​​​​​​​B. Can you confirm you see data and information on the conditions of farmed salmon and their management of these recommended methods of testing:

​​​​​​​GC-MS, LC-MS, ICP-MS, FTIR, Raman spectroscopy, real-time PCR, IFAT, VI, NMR, scale microchemistry, and diode frame technology before issuing licences?

​​​​​​​​​​​​​​C. Can you confirm that you have policies in place for the management of the following:​​​​​​​

1. Persistent Organic Pollutants
2. Heavy Metals
3. Per- and Polyfluoroalkyl Substances (PFAS)
4. Micro-plastics
5. Antibiotic residues
6. Pesticides and anti parasitic drugs
7. Pathogens and parasites
8. Endocrine Disrupting Chemicals

D. Can you please direct me to the escalation process to DEFRA in the case of outbreaks of pathogen and parasitic issues, or pollutants please?

​​​​​​​What is the process for informing the public of such issues and are yourselves or DEFRA leading on public information in these issues?

​​​​​​​Clarification

​​​​​​​We clarified your request with respect to the term ‘licencing’ explaining to you that the Marine Directorate is involved in a number of areas where this could apply. This included licencing under the Marine (Scotland) Act 2010; our activity as a statutory consultee with respect to the aquaculture planning process; and, with respect to the authorisation of Aquaculture Production Businesses (APBs) in association with The Aquatic Animal Health (Scotland) Regulations 2009. We also clarified what was being requested in terms of ‘latest analysis and data’, and you confirmed that you were seeking information in general terms rather than detailed information relating to any specific licencing application.​​​​​​​

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

We have handled parts A and B of your request under the EIRs, parts C and D have been handled out with the EIR regulatory process as detailed below. This is an important point to note with respect to your right to request a review which is detailed at the end of our response.

Response to your request

In relation to marine licences issued under Part 4 of the Marine (Scotland) Act 2010, Marine Directorate – Licensing Operations Team (MD-LOT) are responsible for determining applications on behalf of the Scottish Ministers.

Article 12 of the The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 creates an exemption to the requirement for a marine licence for deposits in the course of the propagation or cultivation of fish.

The primary regulator for finfish aquaculture is the relevant local authority, through planning permissions under the Town and Country Planning (Scotland) Act 1997 (TCPA). However, many aquaculture operators continue to apply for a marine licence.

In light of the existence of planning permissions under TCPA and permits for discharges of any sort under the The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (regulated by the Scottish Environment Protection Agency), MD-LOT only considers the deposit of equipment during the marine licensing process. You may be aware of well-boat discharges having been regulated under marine licence, but that process was transferred to SEPA in 2020.

Under the Marine Licensing activity, as detailed above, we do not receive information on testing in relation to – the chemical analysis for contaminants; microplastic detection; pathogen and parasite testing; nutritional and compositional analysis; and biometric and welfare assessments. In addition, we do not see data or information on the conditions of farmed salmon and their management in relation to the following methods of testing: GC-MS, LC-MS, ICP-MS, FTIR, Raman spectroscopy, real-time PCR, IFAT, VI, NMR, scale microchemistry, and diode frame technology.

An exception applies – information not held

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore, we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained below.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested, specifically relating to part A and part B of your request, as detailed above, this is because these areas are not required to be considered, with respect to licencing under the Marine Scotland Act 2010.

This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about parts A and parts B of your request, with respect to licencing under the Marine (Scotland) Act 2020, clearly we cannot provide information which we do not hold.

You can find out further information relating the licencing activities under the Marine Scotland Act 2010 through the Scottish Government website: Marine environment: licensing and consenting requirements - gov.scot

Further information – provided out with the EIR process

In accordance with our requirements under regulation 9 of the EIRs to offer advice and assistance, we are providing the following additional information, supplementing our response to parts A and B and offering responses to parts C and D of your request, as follows:

You can find out further information about the work of the Marine Directorate on the Scottish Government website:

Marine Directorate - gov.scot
https://www.gov.scot/policies/marine-environment/

Authorisation and statutory planning consultation

When clarifying your request, reference was made to the Marine Directorate’s role in authorisation, as well as the statutory planning process, two processes which are required to allow aquaculture sites to develop and undertake farming practices within Scotland.

Authorisation of aquaculture production businesses, in association with the Aquatic Animal Health (Scotland) Regulations 2009, is undertaken by the Marine Directorate’s Fish Health Inspectorate (FHI). Details relating to this process and the reasons behind it are provided on our web site: Aquaculture Production Business (APB): forms and guidance - gov.scot

Within the Aquaculture Planning process, as detailed above in the response issued to parts A and B of your request, the Marine Directorate, on behalf of Scottish Ministers, undertakes the role as a statutory consultee. This feeds in to the wider planning process, and you can find out further details relating to this on the Scottish Government website: Fish farm consents - Aquaculture - gov.scot

Aquatic animal health – pathogen and parasites

The Marine Directorate’s FHI are responsible for the control of aquatic animal health throughout Scotland. Statutory control measures exist in relation to listed and emerging diseases in accordance with The Aquatic Animal Health (Scotland) Regulations 2009.

The regulation of sea lice (Lepeophtheirus salmonis and Caligus elongatus) is undertaken through the Aquaculture and Fisheries (Scotland) Act 2007 (as amended) and is aimed to ensure that satisfactory measures are in place to prevent, control and reduce sea lice on fish farms, for the health and welfare of the farmed fish.

You can find out further information on these areas through our website:

Information on aquatic animal health with respect to the FHI: Fish Health Inspectorate - gov.scot

Information on the regulation of sea lice: regulation-sea-lice.pdf

Environmental monitoring

Much of the monitoring and analysis undertaken by the Scottish Government’s Marine Directorate is detailed within Scotland’s Marine Assessment 2020 (SMA2020). This follows on from previous marine environmental work undertaken by the Marine Directorate (previously known as Marine Scotland, and prior to that, operating as the separate agency Fisheries Research Services). SMA2020 aims to help in the understanding of Scotland’s marine systems and the impact human activities can have on the same.

You can find out further details in relation to SMA2020 through pages on the Scottish Government’s web site: Clean and safe | Scotland's Marine Assessment 2020.

This includes but is not limited to details of testing for:

• PCBs and PBDEs POPs
• Metals in biota and sediment
• Microplastics in surface waters

Many of our assessments are carried out annually and published on the OSPAR Hazardous Substances Assessment Tool (OHAT). The latest assessment can be found at the following link: Home Page - ICES.OHAT

Other government departments and agencies

Other government departments and agencies also have regulatory, monitoring and analysis roles relating to some of the subject areas within your request. In particular you may be interested in some of the activities associated with following:

The Veterinary Medicines Directorate (VMD) - Veterinary Medicines Directorate - GOV.UK

The Scottish Environment Protection Agency (SEPA) - Home | Scottish Environment Protection Agency (SEPA)

Food Standards Scotland - The home of food and feed safety, and healthy eating | Food Standards Scotland

Part D of your request

Aquatic animal health is a devolved matter for the Scottish Government, and the enforcement of appropriate regulatory and statutory control measures is undertaken by the Marine Directorate’s FHI. The FHI contribute to the competent authority role for aquatic animal disease within Scotland, carried out on behalf of Scottish Ministers. Where necessary, and especially in situations where cross border issues arise, the Marine Directorate will liaise with Defra on relevant matters and the actions being taken within Scotland. Where we need to inform members of the public over certain situations then this can be achieved by issuing a press release and publishing relevant information on our website, drawing this to the attention of relevant stakeholders and members of the public.

For information relating to pollutants, SEPA is the agency with the responsibility for environmental response and controls. They can be contacted directly with respect to any specific reporting mechanisms relating to their activities.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.