Regulation of fish and shellfish farm deposits: consultation analysis

Next steps

Following careful consideration of all the responses received, Scottish Ministers have decided to enact the proposals to identify SEPA as the responsible regulator for fish farm environmental discharges between 3-12 nautical miles, and making amendments to exemptions for requirements for marine licences in respect to the deposit of substances and equipment from fish and shellfish farms.

Identifying SEPA as the single lead body for the regulation of fish farm environmental discharges from 0 – 12 nautical miles is considered to be the most effective way of regulating this activity and supporting the sustainable development of the sector. It will allow best use of existing expertise, alongside established monitoring and reporting regimes (including requirements for ongoing inspection, sample processing and environmental reporting) which will make the most effective use of existing public resources and avoid duplication of resource between MD-LOT and SEPA. It is also considered that SEPA’s existing charging mechanisms are suitable to ensure that cost recovery for regulatory activity can be achieved.

It has been noted that novel fish farm technologies, including farms located further from the coast, may require changes in how such developments are assessed. It is considered that SEPA is best placed to consider how such assessments are carried out, based on its existing expertise in assessing and regulating fish farm environmental discharges and having the ability to adapt assessment processes as required based on the best available science and evidence.

Amending the Exempted Activities Order will support the reduction in regulatory duplication by extending the existing exemption on fish farm substances, recognising SEPA’s role as regulator of fish farm environmental discharge activity. Amendments to clarify use of the existing exemption on the deposit of fish farm equipment may also support further streamlining of consenting processes.

These amendments will result in a fully consistent approach to fish and shellfish farm consenting within Scotland’s inshore waters (0-12 nautical miles), with a single regulator responsible for each of the consents required to develop and operate a farm within that region. It will allow for a consistent and transparent approach to regulation from 0 – 12 nautical miles, which will benefit from the multilateral consenting framework developed and currently being piloted by the Consenting Task Group. This also means that for areas where Regional Marine Plans are in place, aquaculture regulation is consistent within those zones.

Scottish Ministers will bring forward two Scottish Statutory Instruments (SSI) to amend The Environmental Authorisation (Scotland) Regulations 2018 and the Marine Licensing (Exempted Activities) Order 2011, this year.

The partial Business and Regulatory Impact Assessment and Island Communities Impact Assessment have been updated and finalised based on responses received. The finalised impact assessments will be published on the Scottish Government website and on Legislation.gov.uk