Regulation of fish and shellfish farm deposits: associated impact assessments

Equality Impact Assessment (EQIA)

Equality impact assessment results

Title of policy:

Proposals to identify the Scottish Environment Protection Agency as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles and amendments to exemptions to requirements for marine licences for fish and shellfish farms

Summary of aims and desired outcomes of Policy:

The objective of identifying SEPA as the responsible authority for regulation of fish farm discharges between 3-12 nautical miles is to ensure consistency in aquaculture consenting from 0 – 12 nautical miles. Having SEPA as the responsible authority recognises SEPA’s expertise both in terms of administration of the process and maintaining the same level of robust assessment and regulation for this activity.

Having fish farm environmental discharges between 3-12 nautical miles regulated under EASR, means that regulation of fish farm discharges between 0-12 nautical miles would fall under the same legislation.

The objective of the amendments to The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 (“Exempted Activities Order”) is to avoid duplication of regulation in relation to environmental discharges from fish farms and clarify the application of the existing exemption for the deposit of fish and shellfish farm equipment.

Extending the existing exemption for the deposit of substance from fish farms which is liable to cause pollution of the water environment to cover waters out to 12 nautical miles will give consistency in approach relating to requirements for marine licences between 0 and 12 nautical miles and avoid regulatory duplication which would arise if fish farms required both a permit under EASR and a marine licence for the discharge of substances into the water environment.

Amending the existing exemption for deposit of equipment relating to fish and shellfish farms will provide businesses with greater clarity to determine whether the exemption may apply to all the equipment relevant to a development which they wish to proceed with and avoid duplication in regulation whereby the same matters are considered in both marine licensing and planning applications.

Overall it is intended that these proposals will create a consistent regulatory framework for aquaculture development across the 0-12 nautical mile zone and improve the efficiency of the consenting process.

The proposals support the Programme for Government 2025-2026 commitment of:

Streamlining the consenting process for aquaculture, to improve efficiency, and clarify the consenting process for aquaculture development between 3 – 12 nautical miles.

Directorate: Marine Directorate

Division: Marine Economy and Communities

Team: Aquaculture Regulatory Review Team

Executive summary

EQIA Screening has been undertaken for proposals to identify the Scottish Environment Protection Agency as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles and amendments to exemptions to requirements for marine licences for fish and shellfish farms

The intention of the proposal is to ensure fish farm developments between 3-12 nautical miles are appropriately assessed, licenced and regulated in respect to environmental discharges, in a consistent manner with how that activity is regulated between 0-3 nautical miles. This approach recognises SEPA’s expertise both in terms of administration of the process and maintaining the same level of robust assessment and regulation for this activity.

In addition, amendments to the Exempted Activities Order are proposed to clarify the application of exemptions currently in place in respect to the deposit of substances and equipment from fish and shellfish farms, for the purposes of reducing regulatory duplication.

Following the EQIA screening and framing processes it is considered the proposal will not have a direct impact on persons with protected characteristics.

Background

There is now growing interest within the aquaculture sector to develop farms beyond 3 nautical miles from the coast, with developments in technology making farms in this region feasible.

The Scottish Government is committed to clarifying the consenting process for aquaculture between 3-12 nautical miles, with the intention to ensure a consistent approach to the regulation and consenting of aquaculture development and activity across the 0-12 nautical mile zone.

Scottish Ministers recently introduced the Town and Country Planning (Marine Fish Farming) (Scotland) Amendment Order 2025 to ensure consistency in approach to aquaculture planning regulations across the 0-12 nautical mile zone, by identifying relevant local planning authorities as the responsible body for assessing and determining fish and shellfish farm planning applications out to 12 nautical miles.

By extension, the proposals set out in this consultation are being brought forward to ensure fish farm developments between 3-12 nautical miles are appropriately assessed, licenced and regulated in respect to environmental discharges, in a consistent manner with how that activity is regulated between 0-3 nautical miles. These environmental discharges include organic waste, medicinal residues and sea lice.

Under the current framework, responsibility for the regulation of fish farm environmental discharges differs between 0-3 nautical miles and 3-12 nautical miles.

Between 0-3 nautical miles, responsibility lies with the Scottish Environment Protection Agency (SEPA). SEPA currently regulates this area under The Water Environment (Controlled Activities) (Scotland) Regulations 2011 from November 2025 SEPAs regulatory powers, out to 3 nautical miles will come from the new framework provided in The Environmental Authorisations (Scotland) Regulations 2018 (“EASR”) when amendments by The Environmental Authorisations (Scotland) Amendment Regulations 2025 come into force.

Between 3–12 nautical miles the regulation of fish farm environmental discharges currently falls under the marine licensing regime, administered by Marine Directorate - Licensing Operations Team (MD-LOT) on behalf of Scottish Ministers, as set out under The Marine (Scotland) Act 2010.

Recognising SEPAs expertise in regards to assessment, licensing and regulation of fish farm environmental discharges, and stakeholders familiarity with SEPA’s licensing and regulatory processes, it is proposed that SEPA be identified as the responsible authority to regulate this activity between 3-12 nautical miles. This would create a single lead authority for fish farm environmental discharges across the 0-12 nautical mile zone.

In addition, amendments to the fish farm related exemptions to the requirement for a marine licence contained within the Exempted Activities Order are proposed for the purposes of reducing regulatory duplication.

If SEPA is identified as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles, without any changes to the Exempted Activities Order, the regulation of the deposit of substances from fish farms in 3-12 nautical miles would be duplicated, as both a marine licence and an EASR permit would be required for this activity.

It is therefore proposed that the existing exemption for the deposit of substance from fish farms which is liable to cause pollution of the water environment (which applies from 0-3 nautical miles) be extended to cover waters out to 12 nautical miles.

The Exempted Activities Order also currently provides a marine licence exemption for the deposit of certain specified types of fish and shellfish farm equipment (any trestle, raft, cage, pole, rope or line) where certain conditions apply.

It is the responsibility of those carrying out an exempted activity to satisfy themselves that they meet the conditions of the exemptions. To date there has been minimal use of this exemption within the Exempted Activities Order by fish and shellfish farming businesses. One of the issues raised is the rigidity of the descriptions for the equipment used, which does not specifically capture ancillary equipment used on farms, such as anchors, moorings and barges.

The deposit of fish and shellfish farm equipment may be considered as an activity where there is some duplication of regulation due to overlap between matters considered in relation to applications for marine licences (where the exemption within the Exempted Activities Order is not relied on by a business and they seek a marine licence) and planning permission in respect of equipment being deposited in the sea.

To provide businesses with clarity in determining whether the exemption may apply to a development, it is proposed the wording of the Exempted Activities Order is amended to confirm that the exemption applies to all equipment used directly in the course of the propagation or cultivation of fish and shellfish, where the relevant conditions for the deposit of equipment are met.

The Scope of the EQIA

An EQIA framing process has been undertaken to assess whether the Proposals to identify the Scottish Environment Protection Agency as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles and amendments to exemptions to requirements for marine licences for fish and shellfish farms would impact on people with protected characteristics.

The Equality Act 2010 provides a framework to ensure we address inequality for people with protected characteristics listed in the act. These are:

• age
• disability (physical and mental)
• gender reassignment
• marriage and civil partnership (applies to employment - the Equality Act 2010 states that a person must not be discriminated against in employment because they are married or in a civil partnership)
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

Key Findings

It is considered the proposals to identify the Scottish Environment Protection Agency as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles and amendments to exemptions to requirements for marine licences for fish and shellfish farms will not have a direct impact on persons with protected characteristics.

The proposed amendments are an administrative exercises with the intention to ensure a consistent approach to the regulation and consenting of aquaculture development and activity across the 0-12 nautical mile zone and reduce duplication in the consenting process, although changes are intended to improve consistency in regulator and regulatory scheme across 0-12 nautical miles, there is no intention to change the level and effect of regulation in practice.

Recommendations and Conclusion

It is considered that the proposals will not have a direct impact on persons with protected characteristics. This amendment does not seek to reduce or alter regulatory standards. The amendment only seeks to amend the responsible body for regulating waste discharges for fish farms in the 3 – 12 nautical mile zone to bring consistency with regulation in the 0-3 nautical mile zone.

As such it is considered that an EQIA is not required.

A public consultation on the proposals will be held between 24 September 2025 and 16 December 2025 to seek views from wider stakeholder groups who may be directly or indirectly impacted by the proposals.

Should any responses raise issues in regard to impacts on protected characteristics, the requirement for an EQIA will be reassessed.

I confirm that the decision to not carry out an EQIA has been authorised by:

Name and job title of Deputy Director (or equivalent): Malcolm Pentland – Deputy Director, Marine Economy and Communities

Date authorisation given: 28 August 2025