Shellfish WatProtected area designations - amending proposals: partial business and regulatory impact assessment

2. Introduction

2.1 Background

Shellfish production is an important industry in Scotland and good water quality is essential for the production of shellfish. Water bodies can be impacted by pollution from various sources such as run-off from agricultural land or discharges from wastewater treatment works.

Shellfish Water Protected Areas (SWPAs) are designated zones aimed at safeguarding shellfish waters from pollution, ensuring the sustainable development of economically significant shellfish production.

There are currently 85 SWPAs designated in Scotland. Scottish Ministers have a duty to review designations to consider if current designations remain adequate and identify where additional designations may be appropriate. An area of coastal water or transitional water may be designated only if the Scottish Ministers consider it necessary or desirable to do so for the protection or development of economically significant shellfish production. A review is being conducted and this partial Business Regulatory Impact Assessment BRIA is published alongside a public consultation to gather input on proposals for new designations and de-designations of SWPAs. The review uses a methodology based on shellfish production (see accompanying consultation for additional information), which suggests the need to designate 14 new, expand 1, and de-designate the removal of 29 designations. The exact number will depend on feedback on the consultation and an updated BRIA to ensure any potential benefits to changing the current designations are proportionate.

2.2 Issue and why it needs to be addressed

The areas used by shellfish producers (shellfish harvesting areas) change overtime, for example with changes to existing producer’s operations or as new producers enter the market, and therefore revisions to designations need to be considered to ensure SWPAs continue to ensure the sustainable development of economically significant shellfish production.

Ministers have a duty to review SWPA designations^[1] and a review of the current designations is required to ensure they continue to achieve their aim of safeguarding shellfish waters and supporting the sustainable development of economically significant shellfish production, without disproportionate costs to other stakeholders.

SWPAs can have both positive and negative impacts on various stakeholders, and it is important to review the designations to ensure SWPA designations continue to support the shellfish industry without disproportionately impacting other stakeholders. This partial BRIA aims to identify the benefits and impact of these designations on affected groups.