Regulation of fish and shellfish farm deposits: consultation

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

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 MD-LOT, on behalf of Scottish Ministers, as set out under The Marine (Scotland) Act 2010.

Recognising SEPAs expertise in regards to assessment, licensing and regulation of fish farm environmental discharges, and stakeholders familiarity with SEPA’s licensing and regulatory processes, it is proposed that SEPA be identified as the responsible authority to regulate this activity between 3-12 nautical miles. This would create a single lead authority for fish farm environmental discharges across the 0-12 nautical mile zone.

It is proposed that fish farm environmental discharges between 3-12 nautical miles is identified as a regulated activity under EASR.

EASR is the regulatory mechanism by which SEPA’s Integrated Authorisation Framework is being introduced. The framework aims to integrate, as far as possible, the authorisation, procedural and enforcement arrangements relating to water, waste management, radioactive substances and pollution prevention and control.

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.

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

Simplifying the regulatory framework through bringing consistency in regulation for fish farm consenting between 0-12 nautical miles may encourage investment in the 3-12 nautical mile area.

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. This could result in time savings for businesses as they will already be aware of the existing regulations and regulatory body, so will not have to familiarise themselves with new, or changing, regulations or regulatory processes.

Beyond consistency, public sector resource implications and robust environmental protection, these proposals are expected to provide the opportunity for development from 3 – 12 nautical miles to benefit from work being undertaken by a Consenting Task Group which is developing and piloting efficient and effective consenting processes, which seek to coordinate and reduce duplication where it exists.

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.