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

4. Options

4.1 Option summary

Option 1 – Do nothing. Maintain the current 85 SWPA designations for another six years.

Option 2 – Designate all 14 new, expand 1, and de-designate 29 SWPAs identified in the consultation document.

Option 3 – Designate only those new SWPAs that do not contain or receive existing, known point-source discharges.

Option 3 was chosen to present a ‘minimum impact’ option. Selecting designations where there are known point-sources of pollution, such as septic tanks or other infrastructure, would minimise any new impacts for Scottish Water. The benefits to the shellfish industry are likely to be less than option 2, due to fewer designations.

While this partial BRIA considers three options, it should be noted that within options 2 and 3, there will likely be some variability depending on feedback from the consultation. This is due to decisions on individual SWPA designations. For example, the review identified 15 potential areas for new or expanded designations and 29 areas for de-designation, but stakeholder feedback may change these numbers.

4.2 Sectors affected

SWPAs can have impacts for both public and private organisations. Sectors likely to be most affected by any changes to SWPA designations include:

• Shellfish producers - this includes from the designation of new SWPAs which may provide additional protection for those growers, as well as de-designations which may reduce the incentive for growers to expand into those areas in the future.
• Those ‘discharging’ to the water environment – this is likely to be primarily Scottish Water, as part of their normal wastewater treatment operations as well as others from agriculture.
• The Scottish Environment Protection Agency (SEPA) – Whose responsibilities include the classification of SWPAs as well as undertaking investigations into pollution issues.
• Food Standard Scotland (FSS) is also an important stakeholder with responsibilities for monitoring and classifying shellfish harvesting areas.

Other organisations potentially impacted to a lesser extent:

• Wider shellfish supply chains – any growth in the shellfish production industry is likely to benefit suppliers, although any benefits are likely to be small.
• Other ‘dischargers’ to the water environment, which could include industry and households (for example from septic tanks).
• We are aware that other businesses may operate within SWPAs, for example seaweed producers. However, these are outwith the scope of SWPAs, and therefore not considered as part of this analysis.

4.3 Options

4.3.1 Option 1 – Do nothing

Under this option the current 85 SWPA designations would remain with no new designations, or any de-designations made. This would mean that 81% of oyster and mussel production areas (101 of 124 production areas) are within 52 SWPAs.

Those discharging into current SWPAs would continue to be required to take actions to prevent deterioration of water quality and improve it as necessary. This includes requiring Scottish Water to continue additional treatment as needed on assets that could impact SWPAs.

It is noteworthy that some of the current SWPAs do not have any economically significant shellfish production in them, but stakeholders would be required to take actions as necessary to protect these waters, this includes Scottish Water continuing additional treatment.

4.3.2 Option 2 - Designate 14 new, expand 1, and de-designation 29 SWPAs (proposal in consultation)

Under this option, the current shellfish water protection areas would be changed by:

Designating 14 new SWPAs

Expanding the boundaries of 1 existing SWPA

Removing (de-designating) 29 SWPAs

If all new proposals were approved, the percentage of current oyster and mussel production areas within an SWPA would rise to 93% (115 out of 124 production areas). This increase from the current 81% (Option 1) is due to new SWPA designations; de-designating areas has no effect since there is no current production in these areas.

Of the 15 new and expanded designations, Scottish Water has noted that six of these are within 3 km of at least one of its assets, and therefore additional investment may be required at these sites.

Of the new designations, eight would achieve Class A standards, four Class A/B, and three Class B. SEPA may, therefore, need to undertake investigative work to understand the sources of pollution better to identify solutions to improve these some of these areas to Class A.

4.3.3 Option 3 - Designate only those SWPAs that do not contain or receive existing, known point-source discharges.

Under this option, the current SWPAs would be changed by:

• Designating or expanding boundaries of nine SWPAs
• Removing (de-designating) 29 SWPAs

This would mean that 88% of oyster and mussel production areas (101 of 124 production areas) would be within SWPAs.

Of the 15 new and expanded designations, Scottish Water has noted that six are within 3 km of at least one of its assets, and therefore additional investment, either capital or revenue may be required at these sites.

Of the new designations, we expect two to be less than Class A standard, and therefore, SEPA may need to undertake investigative work to understand the sources of pollution better to identify solutions to improve these classifications.