Regulation of fish and shellfish farm deposits: associated impact assessments

Strategic Environmental Assessment (SEA)

Screening Report

1. Responsible Authority:

Scottish Government, although the policy intention is to identify SEPA as the responsible body for fish farm environmental discharges from 3-12 NM.

2. Title of the plan:

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

3. What prompted the plan:

(e.g. a legislative, regulatory or administrative provision)

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 address an existing gap in the legislation by identifying the relevant local planning authority as the responsible body for assessing planning permission consents out to 12 nautical miles for aquaculture consenting. This entered into force on 18 June 2025.

By extension, this proposal is being brought forward to ensure proposed fish farm developments beyond 3 nautical miles are appropriately assessed, licenced and regulated in respect to environmental discharges, including 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 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.

In addition, amendments to the fish farm related exemptions to the requirement for a marine licence contained within The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 (“Exempted Activities Order”) are proposed for the purposes of reducing regulatory duplication.

This forms part of wider work to deliver on the following commitment set out in the Programme for Government 2025-2026:

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

4. Plan subject:

The Environmental Authorisations (Scotland) Regulations 2018 (“EASR”) and its amendments The Environmental Authorisations (Scotland) Amendment Regulations 2025 & The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

Screening is required by the Environmental Assessment (Scotland) Act 2005.

Based on the above, our view is that:

An SEA is required, as the environmental effects are likely to be significant: Please indicate below what Section of the 2005 Act this plan falls within

Section 5(3) Section 5(4)

An SEA is not required, as the environmental effects are unlikely to be significant: Please indicate below what Section of the 2005 Act this plan falls within

Section 5(3) Section 5(4)

Contact details: Lynn Flockhart, Lynn.flockhart@gov.scot

Date: 08/07/2025

5. Context of the Plan:

The plan is not a high level strategy or implementation plan, but relates to proposals to resolve a specific administrative issue in existing aquaculture environmental waste discharge regulation and clarify existing marine licence exemptions. The proposals do not impact on any other sector as it relates only to marine fish and shellfish farms.

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 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.

In line with the Scottish Government’s commitment to streamline the consenting process for aquaculture, improve efficiency, and clarify the consenting process for aquaculture development between 3 – 12 nautical miles, the proposals set out below would create a consistent approach to the regulation of fish farm environmental discharges across the 0-12 nautical mile zone.

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.

6. Description of the Plan:

Part 1: Regulation of fish farm environmental discharges (3-12 nautical miles)

Identify SEPA as responsible authority under environmental regulations (preferred option): Make regulation of fish farm environmental discharges between 3-12 NM a regulated activity under The Environmental Authorisations (Scotland) Regulations 2018 (“EASR”)

This proposal is to identify SEPA as the responsible authority for fish farm environmental discharges between 3-12 nautical miles, and recognises SEPA’s expertise in regards to assessment, licensing and regulation of fish farm environmental discharges, and stakeholders’ familiarity with SEPA’s licensing and regulatory processes.

The intention would be to identify fish farm environmental discharges between 3-12 nautical miles as a regulated activity under The Environmental Authorisations (Scotland) Regulations 2018(“EASR”).

Amendments to EASR, set out in the Environmental Authorisations (Scotland) Amendment Regulations 2025, are due to enter into force on 1 November 2025. These will include bringing the regulation of fish farm environmental discharges between 0-3 nautical miles into EASR as a replacement for the current regulatory framework for this activity under The Water Environment (Controlled Activities) (Scotland) Regulations 2011.

By identifying fish farm environmental discharges between 3-12 nautical miles as a regulated activity under EASR, regulation of fish farm discharges between 0-12 nautical miles would fall under the same legislation.

Part 2(a): Proposed amendments to the Exempted Activities Order – deposit of substances

Amend the Exempted Activities Order so that the deposit of any substance from fish farms which is liable to cause pollution of the water environment, is exempt from marine licence requirements in waters that extend out to 12 NM (and so avoid regulatory duplication where SEPA is the responsible regulator for this activity).

The Exempted Activities Order sets out activities that are exempt from the requirement for a marine licence under certain conditions. In relation to fish and shellfish farming, this includes an exemption for the deposit of certain equipment and, between 0 – 3 nautical miles, the deposit of any substance which is liable to cause pollution of the water environment.

The executive note for the Exempted Activities Order outlined that its purpose is to, “exempt day to day activities, ensure compatibility with international and domestic law, avoid regulating the same activity twice and enable emergency action to be carried out without damaging delay.”

If SEPA is identified as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles, under the existing framework 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 a marine licence would also be required for this activity.

Noting that the intention of the Exempted Activities Order includes avoiding regulation of the same activity twice, it is proposed the existing exemption for the deposit of substance from fish farms which is liable to cause pollution of the water environment be extended to cover waters out to 12 nautical miles.

Part 2(b): Proposed amendments to the Exempted Activities Order – deposit of equipment

Amend the Exempted Activities Order to confirm that the exemption for deposit of equipment applies to all equipment used directly in the course of the propagation or cultivation of fish and shellfish, where the relevant conditions of the Exempted Activities Order are met.

In regards to the deposit of equipment, the Exempted Activities Order as currently written applies to the deposit of specified types of equipment which are any “trestle, raft, cage, pole, rope or line in the course of the propagation or cultivation of fish.” Deposit of those types of equipment are exempt if they meet the conditions and they are not:

• Made for the purpose of disposal,
• Made for the purpose of creating, altering or maintain an artificial reef; or
• Causing of likely to cause obstruction or danger to navigation.

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 applied by a business and they seek a marine licence) and planning permission in respect of equipment being deposited in the sea. Currently the placing or assembly of any equipment for the purposes of fish and shellfish farming is subject to planning controls under the Town and Country Planning (Scotland) Act 1997. Matters which may be considered as part of both marine licence and planning applications include, for example, navigation being a policy consideration for fish and shellfish farm developments under National Planning Framework 4, and also something that would be considered as part of a marine licence application.

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 the Exempted Activities Order by fish and shellfish farm 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.

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 of the Exempted Activities Order are met.

7. What are the key components of the plan?

The key components of the plan are to:

• Identify SEPA as the responsible authority for regulating fish farm waste discharges out to 12 nautical miles
• Extend the application of the Exempted Activities Order for environmental discharges out to 12 nautical miles
• Amend the wording of the Exempted Activities Order 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 of the Exempt Activities Order are met.

8. Have any of the components of the plan been considered in previous SEA work?

A SEA was screened for as part of the EASR amendments (2025), which by extension would apply here. The SEA screening report for the EASR states:

“Whilst the EASR will simplify and streamline how SEPA undertakes its regulatory functions regarding existing environmental activities, it is likely to have no or minimal environmental effects in comparison to the levels of environmental protection afforded by the current regulatory regimes.”

9. In terms of your response to sections 7 and 8 above, set out those components of the plan that are likely to require screening:

It is considered that no components for this plan are likely to require screening.

This proposal does not result in direct environmental impacts. The purpose is to clarify the responsible authority for the regulation of fish farm environmental discharges, which currently sits with MD-LOT under the marine licensing regime. These amendments would be an administrative task of moving that responsibility to SEPA.

The proposals to amend the Exempted Activities Order are for the purpose of clarifying the application of the existing exemptions and reducing regulatory duplication, and as such do not result in any direct environmental impacts

Step 3

10. Identifying interactions of the plan with the environment and considering the likely significance of any interactions

Identify SEPA as the responsible authority for regulating fish farm waste discharges out to 12 nautical miles

Plan Component impacts:

• Biodiversity, flora and fauna: No
• Population and human health: No
• Soil: No
• Water: No
• Air: No
• Climatic factors: No
• Material assets: No
• Cultural heritage: No
• Landscape: No
• Inter-relationship issues: No

Explanation of Potential Environmental Effects

There are no direct environmental effects associated with this order.

There is already a route to seek consents for fish farm environmental discharges through a marine licence. The purpose of this proposal is to identify SEPA as the responsible authority, to ensure a consistent approach to the regulation of that activity across the 0-12 nautical mile zone

Potential impacts would only arise when an application for a fish farm is made and these will be managed in accordance with the Environmental Authorisation (Scotland) Regulations 2018 (to be amended in 2025)

Explanation of Significance

N/A

Extend the application of the Exempted Activities Order for environmental discharges out to 12 nautical miles

Plan Component impacts:

• Biodiversity, flora and fauna: No
• Population and human health: No
• Soil: No
• Water: No
• Air: No
• Climatic factors: No
• Material assets: No
• Cultural heritage: No
• Landscape: No
• Inter-relationship issues: No

Explanation of Potential Environmental Effects

There are no direct environmental effects associated with this proposal.

The proposals to Extend the application of the Exempted Activities Order for environmental discharges out to 12 nautical miles are for the purpose reducing regulatory duplication, as this activity would be regulated by SEPA under the EASR

Explanation of Significance

NA

Amend the wording of the Exempted Activities Order 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 of the Exempted Activities Order are met.

Plan Component impacts:

• Biodiversity, flora and fauna: No
• Population and human health: No
• Soil: No
• Water: No
• Air: No
• Climatic factors: No
• Material assets: No
• Cultural heritage: No
• Landscape: No
• Inter-relationship issues: No

Explanation of Potential Environmental Effects

There are no direct environmental effects associated with this proposal.

The proposal to amend the wording of the Exempted Activities Order to confirm that the exemption applies to all equipment used directly in the course of the propagation or cultivation of fish and shellfish is to clarify the application of an existing exemption which is in place to reduce regulatory duplication

Explanation of Significance

NA

Step 4

11. Summary of how environmental principles have been considered: (including an outline of how the guiding principles, as set out in section 13 of the Continuity Act, are relevant to the plan)

The environmental principles are already considered under the The Water Environment (Controlled Activities) (Scotland) Regulations 2011 and The Environmental Authorisations (Scotland) Regulations 2018. The Environmental Authorisations (Scotland) Amendment Regulations 2025 will continue to support the guiding principles on the environment.

A SEA screening has been carried out on the EASR 2025 amendments to support this.

This amendment would simply look to identify SEPA as the responsible body for fish farming environmental discharges between 3 to 12 nautical miles and both reduce the duplication of regulatory activities and clarify the process.

Step 5

12. Summary of interactions with the environment and statement of the findings of the Screening: (Including an outline of the likely significance of any interactions, positive or negative, and explanation of conclusion of the screening exercise.)

A SEA was prepared for the proposals to identify SEPA as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles and amendments to Exempted Activities Order and submitted to the SEA Gateway on 22 July 2025.

Responses to the SEA were received on 14 August 2025 from the Consultation Authorities:

• Scottish Environment Protection Agency,
• NatureScot and,
• Historic Environment Scotland

The Consultation Authorities all concluded that the plan is unlikely to have significant environmental effects.

The Scottish Government has therefore determined, using the criteria set out in Schedule 2 of the Environmental Assessment (Scotland) Act 2005, that the proposals outlined above are unlikely to have significant environmental effects. A Strategic Environmental Assessment is therefore not required.