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Publication - Consultation analysis

Pilot Pentland Firth and Orkney Waters Marine Spatial Plan. Consultation Analysis and Modifications Report.

Published
21 March 2016
Part of
Marine and fisheries
ISBN
9781786520685

The Pentland Firth and Orkney Waters Marine Spatial Plan is a pilot process undertaken by a working group consisting of Marine Scotland, Orkney Islands Council and Highland Council in advance of statutory regional marine planning. This report presents an

View supporting documents Supporting documents

27. Sectoral Policy 2: Aquaculture

27.1 Summary of responses received

Stakeholder Count
Commercial 2
Fisheries and aquaculture 3
Individual 1
Non-governmental organisation 1
Public sector 5
Recreation 2
TOTAL 14

27.2 Main themes

27.2.1 The respondents to this policy provided several changes and corrections to the text (noted in Table 27.1) in relation to referencing of economic data, definitions of aquaculture, suggestions for additional information to be included and comments on the impact of aquaculture developments.

27.2.2 One recreation sector respondent noted that aquaculture can impact on safety of navigation and that it should be made clear that aquaculture must comply with other policies and cannot be supported in all cases. This was echoed by a public sector respondent representing recreation who noted the key issues are avoidance of racing areas and cruising routes, appropriate marking and lighting of aquaculture sites and protection of harbours and the anchorages described in the Clyde Cruising Club Sailing Directions and Anchorages. This respondent noted there was also potential for benefits e.g. aquaculture developments allowing access to slipways.

27.2.3 A public sector respondent felt the Plan did not add anything to the existing framework for this sector and missed opportunities to identify a strategic direction for the sector at a regional scale and to identify other marine activities and issues relevant to future updates to aquaculture policies in Local Development Plans.

27.2.4 Two respondents welcomed Marine Scotland's work on the Spatial Planning for Aquaculture.

27.2.5 Two respondents from the aquaculture industry (commercial and association) made several detailed comments. The comments in relation to suggested text changes are dealt with in the table below. The main themes in the comments were:

  • The term 'aquaculture' needs to be defined earlier than paragraph 358 (now 357) with a clear distinction made between fish farming and other forms of aquaculture.
  • There needs to be clear distinctions between the definitions relating to production of finfish and shellfish and also between Atlantic Salmon production and the production of all other forms of finfish.
  • Seaweed cultivation should not be ignored because it is not 'development' for the purposes of the Town and Country Planning (Scotland) Act 1997 as this means there is a lack of advice on such developments in the Plan.
  • It is incorrect to refer to Orkney Islands Council having 'Supplementary Guidance' as their Planning Guidance for Aquaculture has not been adopted.
  • It is not clear how the Plan, as currently written, contributes to the Scottish Government's objectives in relation to what the planning system should be doing to support the sustainable growth of fish farming in Scotland (reference given to paragraph 250 in the Scottish Planning Policy).
  • Welcomes the recognition the Plan gives to the actual pressures on the salmon farming industry.
  • The 'luke-warm, and significantly qualified' support for fish farm development does not reflect the text in the National Marine Plan. If the Plan were a draft regional marine plan this inconsistency would mean it could not be adopted. The respondent specifically noted the Plan does not identify areas suitable for fish farming as required by the Scottish Planning Policy and the National Marine Plan and falls short of legislative requirements.
  • The scale of the map is inappropriate and the term 'active' should be defined.

27.2.6 A fisheries respondent (representing an association) queried how much of the £60 million quoted as being generated by the aquaculture sector remains in the area. This respondent also noted that any expansion of fish farming in Orkney will have an impact on wild fisheries both spatially and biologically. This respondent also noted the need to protect all developmental stages up to adulthood of its wild commercial stocks.

27.2.7 The same respondent commented that the consenting of aquaculture planning has been poorly discharged by Orkney Islands Council and no appeals are available to objectors.

27.2.8 Another respondent representing an association commented that measures such as the Controlled Activities Regulations ( CAR) licence requirements are strictly adhered to and impacts continually assessed so that scientific rigour is given to the quest for a clean environment.

27.2.9 A recreational sector response supported local management within a national framework as long as it is managed correctly. Understanding of the local situation is required.

27.2.10 The Crown Estate noted they advocate non-salmonid ( e.g. cod and halibut) marine finfish should be allowed to continue subject to necessary permits. The Crown Estate also considers the north and east coasts appropriate for shellfish and seaweed cultivation and would wish this to be clear in the Plan.

27.2.11 Scottish Water is supportive of any proposals for development of shellfish harvesting within Shellfish Water Protected Areas ( SWPA). They note shellfish harvesting may be carried out in areas not designated as SWPA but consider it sensible that future shellfish development should be within these areas as they have confirmed Good water quality and support the Scottish Government aim to encourage development within SWPA. They note they do not consider they should invest to support new designations. They also highlight that selection of shellfish harvesting sites consider the location of sewage discharges and water quality.

27.2.12 Scottish Water note that they should be consulted on all proposals on a case by case basis to determine if there could be an impact on abstractions for drinking water, assets or discharges.

27.2.13 Scottish Water invests in relevant infrastructure to meet regulatory and environmental requirements based on a number of criteria and once an asset has been built to meet such standards and requirements they do not consider it feasible for an incompatible activity, such as a shellfish farm, to be developed in the mixing zone. Any such development may require enhanced levels of treatment beyond that agreed and set out in the licence. This would result in additional costs.

27.2.14 A respondent from the public sector noted the importance that the aquaculture sector has in the PFOW and highlighted the need for early engagement with Marine Scotland and other relevant consenting bodies.

Table 27.1 Sectoral Policy 2 Aquaculture - Table of suggested modifications

No. Suggested modification Action taken Reason
271 Info Box 21: suggest placing this after para 358 for more relevance. INFORMATION BOX 21: Moved to after paragraph 358. To correct formatting error and to accommodate request.
272 Update information regarding seaweed harvesting and culture. INFORMATION BOX 21 : all existing text deleted and replaced with "Seaweed cultivation and harvesting
In 2013, the Scottish Government consulted on a policy statement regarding seaweed cultivation, the consultation analysis was published in 2014. Scottish Ministers are currently considering whether a formal consenting mechanism should be put in place to ensure that harvesting of wild seaweed and seagrass in Scotland is sustainable. A Strategic Environmental Assessment ( SEA) is currently being undertaken and will be used to support these considerations. A policy statement on seaweed cultivation will await the outcome of the SEA of wild seaweed harvesting, given the clear interaction which exists'.		 To provide up to date information.
273 Para 361: This paragraph needs some rewording. EPS licences are issued by SNH not Marine Scotland as the sixth sentence implies. None. Marine Scotland is the licensing authority if any legal marine activity is likely to cause disturbance or injury to a European Protected Species. Scottish Natural Heritage only issues licences for activities relating to scientific research or conservation.
274 Para 364: Clarify that the presumption applies to the north and east coasts of mainland Scotland and not Orkney. None. The text directly reflects Scottish Planning Policy (2014) wording and the map clearly shows where the restriction is applicable.
275 Para. 356. Change to 'Aquaculture in Scotland helps provide food for the domestic market, export income and a range of employment opportunities, especially in the Highlands and Islands. The industry provides considerable benefit for fragile economic areas, including supply chains, processing and research'. PARAGRAPH 356 (now 355): Reworded after the first sentence, which is retained: 'In the PFOW area, the industry provides considerable benefit for fragile economic areas, including supply chains, processing and research'. To accommodate request and provide greater consistency.
276 Para. 356. The source of the economic data should be referenced appropriately, including the time period referred to. See above. See above. Detailed information on the economic value of aquaculture in the area is provided in the Socio-Economic Baseline Review.
277 Para. 356. Clear definition of aquaculture required and distinctions made between
fish farming and other forms of aquaculture
production of finfish and shellfish
Atlantic Salmon production and production of all other forms of finfish		 PARAGRAPH 358 (now 357): Amended to 'Aquaculture for the purposes of this policy….
PARAGRAPH 21: Amended to: '… with the exception of marine fish farming'.		 A definition of aquaculture is given in paragraph 358, which highlights the different types of species cultivated. The general use of the term 'aquaculture' throughout the rest of the document conforms with the National Marine Plan.
278 Addition of wording to explain statutory requirements of the National Marine Plan and subsequent statutory regional marine plans. PARAGRAPH 359 (now 358): Second sentence 'additional guidance' changed to 'additional policy'. New last sentence added 'However, decisions must also accord with policies of the National Marine Plan and subsequent statutory regional marine plans for an area'. For clarity regarding statutory requirements.
279 Para. 357. Change to 'this sector delivers significant economic benefit to the area'. PARAGRAPH 357 (now 356): Existing text deleted and amended to…. 'The Scottish Government supports the industry 2020 targets to grow the sector sustainably. To support these targets, a variety of research is underway by Marine Scotland, academia and various other research agencies'. To accommodate request and provide greater consistency. Detailed information on the economic value of aquaculture in the area is provided in the Socio-Economic Baseline Review.
280 Refer to Government/Industry 2020 growth targets as outlined in the National Marine Plan as regulators are expected to take decisions that consider and support the potential for sustainable growth of aquaculture. See above. See above.
281 Map 15 indicates active shellfish sites but these may no longer be active. Map 15: Text added to bottom of the map ' 'Active' in accordance with the Fish Health Inspectorate definition relates to the status of a site that is stocked or fallow with the intention of restocking in the foreseeable future'. For clarity: the data for the map has been taken from NMPi, which uses the Fish Heath Inspectorate records.
282 Page 144. Map 15. The scale of the map renders the information in it almost meaningless. The term 'active' is not defined, but should be. See above. All the maps provided are a snap shot; as outlined in paragraphs 42-44, readers are referred to NMPi for detailed, up to date mapping.
283 Wording regarding commercial cultivation of seaweed needs to be included in the Plan to provide advice to anyone considering such a development. If no extra wording is put in remove reference to seaweed cultivation in paragraph 359. PARAGRAPH 359 (now 358): 'excluding seaweed' removed from first sentence. New second sentence added and third sentence amended 'National guidance is therefore provided in Scottish Planning Policy, with additional policy provided in the National Marine Plan. At the local level, the two local authorities…..' Two new sentences added at end of paragraph 'At present, seaweed cultivation farms require a licence from Marine Scotland. However, decisions must also accord with policies of the National Marine Plan and subsequent statutory regional marine plans for an area'.
POLICY TEXT: Text added at end of policy: 'The Plan will support the sustainable growth of seaweed cultivation where it complies with any licensing or subsequent planning requirements'.		 To accommodate request and provide greater clarity. The National Marine Plan currently includes seaweed within aquaculture; future marine plans will be updated to reflect any subsequent changes.
284 Page 145. The list of 'Further Information' should include reference to 'A Fresh Start The Renewed Strategic Framework for Scottish Aquaculture', the Scottish Government's Food and Drink Strategy, the National Marine Plan, the National Planning Framework, Circular 1/2015 and Circular 1/2007. FURTHER INFORMATION: 'Planning Circular 1/2007: Planning Controls for Marine Fish Farming http://www.gov.scot/Publications/2007/03/29102026/1
added, but note this is in the process of being replaced.
FURTHER INFORMATION: Inserted reference to A Fresh Start - The Renewed Strategic Framework for Scottish Aquaculture http://www.gov.scot/resource/doc/272866/0081461.pdf		 To accommodate request.
285 Para. 359. Please refer to Paragraph 6 of Circular 1/2007 'Planning Controls for Marine Fish Farming' for an accurate description of the extent of planning control over fish farming in the marine area. Reference should also be made to Circular 1/2015, SSPO's comments on the Pre-Consultation Draft of the Aquaculture Planning Circular and SSPO's comments on the Highland Council Draft Aquaculture Supplementary Guidance. See above. See above.
286 Para. 360. The reference to Orkney Islands Council ( OIC) having 'Supplementary Guidance' for fish farming is not correct. The OIC Planning Guidance for Aquaculture has not been formally adopted and is therefore not 'Supplementary Guidance' in the context of the OIC Local Development Plan. PARAGRAPH 360 (now 359): Text of first sentence updated to 'In addition, Orkney Islands Council has detailed Planning Policy Advice 3 to aid …..similar guidance.'
Footnotes and links updated to latest information.
3 http://www.orkney.gov.uk/Service-Directory/R/aquaculture-supplementary-guidance.htm
Footnote 4 removed from 'Further information' section.		 Text updated to reflect latest available information.
287 Para. 361. Could be shortened to a paragraph commencing, "Finfish farms may need the following licences and consents from Marine Scotland....", followed by bullet points identifying the various consents and licences. None. The current format conforms better to the rest of the document than the suggestion provided.
288 Para 361 Include also safeguarding access to anchorages PARA 361 (now 360): Third sentence amended to '…to safeguard navigation, including access to anchorages. Marine Scotland….'. To accommodate request.
289 Para 361 section implies seals are European Protected Species, which they are not. PARA 361 (now 360): Sixth sentence amended to "In addition, it is the licensing authority…." To accommodate request.
290 Paras. 358-362. Should be added to, re-ordered and re -written. Initially there should be reference to the high level strategy and policy documents, e.g. 'A Fresh Start', National Marine Plan, and National Planning Framework 3. Then the policies and guidance in SPP(2014) could be referred to, followed by Local Development Plans and any Supplementary Guidance that may exist. The least the text should do is refer to the high level 2020 targets set by Scottish Government for the finfish and shellfish sectors. Thereafter the text could describe, and summarize, the various, and extensive, regulatory controls that exist, especially for the finfish farming industry.
It is not clear how the Plan, as currently written, contributes to the Scottish Government's objectives in relation to what the planning system, in general, should be doing to support the sustainable growth of fish farming in Scotland. i.e.
" The planning system should:
  • play a supporting role in the sustainable growth of the finfish and shellfish sectors to ensure that the aquaculture industry is diverse, competitive and economically viable;
  • guide development to coastal locations that best suit industry needs with due regard to the marine environment;" (Para. 250- Scottish Planning Policy (2014)).
 See various sections above. See various sections above.
Paragraph 38 outlines the spatial approach to the Plan.
The Aquaculture Planning Policy Advice for Orkney referenced in Sectoral Policy 2 contains a spatial strategy for aquaculture development.
291 Page 143 Sectoral Policy 2 - As referred to above, the wording of this policy is distinctly different to the policies for other types of use or development in the marine area.
Compare - "Aquaculture development may be supported in principle....." with the following:-
"Exploration and production of oil and gas will be supported..."
"The Plan will support proposals (for renewable energy generation)..."
"The Plan will support the sustainable development of marine recreation. etc....."
"The sustainable growth of the ports......will be supported...."		 POLICY TEXT: First sentence amended to 'Aquaculture developments will be supported by the Plan where…'. To accommodate request.
292 The Draft PFOW MSP also does not identify areas suitable for fish farming as required by Scottish Planning Policy and the National Marine Plan (see Objectives and Aquaculture policies 1 and 2). In this respect also it falls short of the legislative requirements. None. Paragraph 38 outlines the spatial approach to the Plan.
The Aquaculture Planning Policy Advice for Orkney referenced in Sectoral Policy 2 contains a spatial strategy for aquaculture development.
293 Policy text updated POLICY TEXT: First bullet amended to 'Local Development Plans for Orkney Islands Council or Highland Council and any related planning guidance as appropriate'.
Second bullet deleted.
Additional bullet point added:
any Marine Scotland or Scottish Environment Protection Agency licensing requirements and guidance		 To reflect most up to date information and to provide further clarity.
294 There is no policy information provided, other than to direct users to the relevant Local Development Plans. From an aquaculture perspective, the Plan does not provide any additional benefit. Text updated as above. As detailed above.
295 Para 364 should include reference to the National Marine Plan PARAGRAPH 364 (now 363): amended to "…Policy (2014) 8 and the National Marine Plan have a presumption against…" To accommodate request.
296 There should be more information on relevant pressures such as sea lice and potential conflicts in this area between the interests of aquaculture and managers of wild salmon and sea trout stocks. The respondent requested that 'If these conflicts no longer exist then it would be helpful to explain in this section how they have been resolved'. PARAGRAPH 365 (now 364): New paragraph (365) added after paragraph 365 (now 364): 'The impacts of sealice and its treatments on farmed salmon, wild salmonids and the wider environment are a substantial challenge, with methods of improving sea lice control an urgent priority for research. Fish farm escapes can also pose a threat to wild salmonids, which has lead to the development of technical standards for finfish aquaculture. Aquaculture also has the potential to interact with inshore fisheries and recreation and tourism interests'. Footnote added and document added to 'Further information' section: 'Marine Scotland: A Technical Standard for Scottish Finfish Aquaculture www.gov.scot/publications/technical-standard-scottish-finfish-aquaculture/'. To accommodate request and provide further information.

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