Regulation of fish and shellfish farm deposits: consultation analysis

Executive Summary

The Scottish Government published the consultation on the regulation of fish and shellfish farm deposits on the Scottish Government website on 24 September 2025. The consultation closed on 16 December 2025. There were five questions and 27 responses were received. Not all respondents answered all the questions. The 27 responses came from 3 individuals and 24 organisations.

Of the 27 respondents:

• 19 indicated their agreement with the proposals to identify the Scottish Environment Protection Agency (SEPA) as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles. 8 indicated that they were not in agreement. Additional comments on the proposal were provided by 26 of the respondents.
• 17 respondents indicated their agreement with the proposal that the existing marine licence exemption for 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. 8 indicated that they were not in agreement, and 2 respondents did not answer the question. 23 of the respondents who answered provided additional comments.
• 22 respondents agreed that the wording of The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 should be updated in regards to the deposit of equipment used in the course of the propagation or cultivation of fish and shellfish to provide businesses with clarity in determining whether the exemption may apply to a development. 3 indicated they were not in agreement and 2 did not answer the question. 22 of the respondents provided further comments.
• 22 respondents provided further comments on the proposals.
• 12 indicated their agreement with the approach taken for the impact assessments which accompanied the consultation. 12 indicated that they were not in agreement and 3 did not answer the question. 17 of the respondents provided further comments to the question.

Following analysis of all the responses received, Scottish Ministers have decided to bring forward two Scottish Statutory Instruments to:

• identify SEPA as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles through the Environmental Authorisations (Scotland) Regulations 2018 (“EASR”); and
• to progress proposed amendments to the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 (“Exempted Activities Order)

The partial Business and Regulatory Impact Assessment (BRIA) and Island Communities Impact Assessment (ICIA) Screening have been updated and finalised based on responses received. The finalised impact assessments will be published on the Scottish Government website.