Regulation of fish and shellfish farm deposits: associated impact assessments

Partial Island Communities Impact Assessment (ICIA)

NOTE: Relevant sections of this partial island communities impact assessment may be updated following a public consultation on the proposals. The final impact assessment will then be published via the Scottish Government Publications Website

Name of Policy, Strategy or Service:

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

Step one – develop a clear understanding of your objectives

What are the objectives of the policy, strategy or service?

The objective of the proposal is to clarify the consenting process between 3-12 nautical miles and reduce duplication of regulation in line with the programme for government.

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.

The objective of the amendments to The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 (The 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.

What are the intended impacts/ outcomes and how do these potentially differ across the islands?

It is considered there will be no differing impacts across islands or between island and the mainland, as the proposal is simply an administrative change of responsibility for the regulation, it does not alter the regulation that is already in place.

Step two – gather your data and identify your stakeholders

What data is available about the current situation in the islands?

The number of fish farms operating from each island is available through National Marine Plan Interactive. Data on finfish production and direct employment is available on a regional level (including Orkney, Shetland and Comhairle nan Eilean Siar) but not at the individual island level (e.g. Skye and small Isles would fall under Highland Region). At present there are no fish farms operating beyond 3 nautical miles.

Who are your key Stakeholders?

Aquaculture area communities, aquaculture businesses, regulators statutory consultees and NGOs

How does any existing data differ between islands?

Shetland has the highest numbers of aquaculture sites. Orkney, Lewis/Harris, the Uists, Skye and Mull have fewer farms but are still relatively well developed. A range of other islands have a small numbers of farms (1-3) such as Barra, Gigha, Rum, Muck, Colonsay, Arran, Eigg and Islay.

Step three – Consultation

Is there information already gathered through previous engagements?

In 2024 both the Scottish Government and SEPA carried out public consultations on proposed amendments to The Environmental Authorisations (Scotland) Regulations 2018. Responses to the consultation informed the development of the amendments and guidance on their application.

Consultees included groups associated with island communities such as; fishery management groups, aquaculture groups, environmental groups.

This proposal does not result in direct environmental impacts. The purpose is to make SEPA the responsible authority for the regulation of fish farm environmental discharges, which currently sits with MD-LOT under the marine licensing regime as set out under The Marine (Scotland) Act 2010. 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.

How will you carry out your consultation and in what timescales? Public meetings/Local Authorities/key Stakeholders

The proposals will be presented for input from relevant stakeholder groups via a public consultation, which will be open for 12 weeks. It is estimated the public consultation will launch on 24^th September 2025 and close 16^th December 2025.

What questions will you ask when considering how to address island realities?

The public consultation will set out the proposals with the associated rationale. Stakeholder groups and individuals with links to island communities will be able to feedback and raise any additional points should they disagree with the proposal.

Separate consultation events for Island communities/Local Authorities?

There are no intended separate consultation events for island communities and Local Authorities. It is considered the public consultation will provide the opportunity for island voices to be considered.

Step four – assessment

Does your assessment identify any unique impacts on island communities?

There are no anticipated unique impacts on island communities arising from the proposed Order.

Does your assessment identify any potential barriers or wider impacts?

There are no anticipated potential barriers or wider impacts arising from the proposed Order

Are there mitigations already in place for these impacts raised?

N/A

Is a full Island Communities Impact Assessment required?

You should now determine whether, in your opinion, your policy, strategy or service is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities). To form your opinion, the following questions should be considered:

1. Are there mitigations in place for the impacts identified and noted above from stakeholders and community consultations?

There are no anticipated potential barriers or wider impacts arising from the proposed Order and as such no specific mitigations in place

2. Does the evidence show different circumstances or different expectations or needs, or different experiences or outcomes (such as levels of satisfaction, or different rates of participation)?

Evidence from island stakeholders in response to the public consultation will inform this section

3. Are these different effects likely?

To be updated following public consultation

4. Are these effects significantly different?

To be updated following public consultation

5. Could the effect amount to a disadvantage for an island community compared to the mainland or between island groups?

To be updated following public consultation