Regulation of fish and shellfish farm deposits: consultation analysis

Consultation

The consultation asked respondents to provide their views on the proposals to:

• identify SEPA as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles
• amend the Exempted Activities Order to extend the existing exemption on requirements for marine licensing of deposit of “substance” from fish farms from 3 nautical out to 12 nautical miles.
• amend the Exempted Activities Order to clarify the scope of the existing exemption for the deposit of fish and shellfish farm equipment.

The consultation paper provided detail on the Scottish Government’s reasoning for bringing forward the proposals to inform stakeholder responses to the consultation questions. This included the position that identifying SEPA as the responsible authority for the regulation of fish farm environmental discharges between 3 and 12 nautical miles, recognised SEPAs expertise in regard to assessment, licensing and regulation of fish farm environmental discharges, and stakeholders familiarity with SEPA’s licensing and regulatory processes. It was also stated that the proposal would mitigate against public sector resource implications should the function remain with MD-LOT, and provide the opportunity for development from 3 – 12 nautical miles to benefit from work being undertaken by a Consenting Task Group. That Group is developing and piloting efficient and effective consenting processes which seek to coordinate and reduce duplication where it exists.

On the proposed amendments to exemptions for requirements for marine licences, the consultation paper outlines the position that the proposals would ensure that fish farm environmental discharges would not be subject to requiring duplicated regulatory oversight for the same activity. It was also stated that amendments to clarify the application of an existing exemption on the deposit of fish and shellfish farm equipment would provide businesses with clarity in determining whether the exemption may be applied for a development, which if used would further streamline the broader consenting process.

Additionally, it was noted that businesses may also benefit from a reduction in regulatory burden and administrative costs associated with unifying the 3 – 12 nautical mile consenting process with the 0 – 3 nautical mile consenting process.

Views were also sought on the following impact assessments or relevant screenings that were undertaken as part of the policy development, which were published alongside the consultation paper:

• Equalities Impact Assessment (EQIA)
• Child Rights and Wellbeing Impact Assessment (CRWIA)
• Fairer Scotland Duty (FSD)
• Islands Communities Impact Assessment (ICIA) – Partial
• Business Regulatory Impact Assessment (BRIA) – Partial
• Consumer Duty Impact Assessment (CDIA) – Within Partial BRIA
• Strategic Environmental Assessment (SEA)
• Data Protection Impact Assessment (DPIA)

Participants were invited to respond to the consultation using the Scottish Government's consultation hub, Citizen Space. Those unable to access or use Citizen Space were asked to respond via email or in writing to the addresses provided.

During the consultation period information sessions were held with; Salmon Scotland and salmon farming business representatives, Local Authorities, Regional Inshore Fisheries Groups and Crown Estate Scotland.

The consultation asked the following questions:

Question 1(a): Do you agree with the proposal to identify SEPA as the responsible authority for the regulation of fish farm environmental discharges between 3-12 nautical miles? (Agree/Disagree)

Question 1(b): Where applicable, please give reasons for your answer.

Question 2(a): Do you agree 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? (Agree/Disagree)

Question 2(b): Where applicable, please give reasons for your answer.

Question 3(a): Do you agree that the wording of The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 is 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? (Agree/Disagree)

Question 3(b): Where applicable, please give reasons for your answer.

Question 4: Do you have any other points you wish to raise regarding the proposals set out in this consultation paper? If so please provide details below.

Question 5(a): Do you agree with our approach and findings within the impact assessments for the proposals set out in this consultation? (Agree/Disagree)

Question 5(b): Where applicable, please give reasons for your answer.

The consultation was launched on Citizen Space on 24 September 2025 and closed on 16 December 2025.

The consultation was promoted via Scottish Government press release and social media posts. Key stakeholders with a known interest in the issue were also contacted directly by e-mail to alert them to the consultation. Details of those organisations directly notified are detailed in Annex A of this report.

We would like to thank all the participants for responding to this consultation and providing detailed information to inform our next steps. We have considered all the comments provided.

This report does not aim to reflect every viewpoint expressed in the consultation responses. It provides a summary of common themes submitted to this consultation and some key points raised. The full responses of all those organisations and individuals who gave permission to do so have been published on the Citizen Space website.