Scotland's shellfish water protected area (SWPA) designations - review: consultation

2. Background and Rationale for Reviewing Shellfish Water Protected Areas

Scotland has an international reputation for excellent shellfish, and the shellfish farming sector contributes to this reputation as well as being a key component of our marine economy. It supports employment in our coastal and island communities and contributes to our commitment to becoming a Good Food Nation, producing healthy, nutritious food, with a greenhouse gas emissions profile that is lower than many other farmed sources of animal protein.

Protecting the condition of our water in shellfish production areas is particularly important to producing high-quality, safe shellfish for consumption and to support the shellfish production industry. The Scottish Government is committed to managing Scotland’s seas sustainably, ensuring both environmental and economic benefits. The Scottish Government’s Vision for Sustainable Aquaculture sets out our aspirations for the shellfish farming sector, recognising the considerable social and economic benefits that aquaculture delivers today and can deliver in the future.

To support this vision, the Scottish Government introduced a revised framework for the protection of shellfish waters in Scotland following the repeal of the Shellfish Waters Directive in 2013. These provisions have been implemented in Scotland through the Water Environment and Water Services (Scotland) Act 2003 (WEWS), and by some secondary legislation, which is supplemented by our River Basin Management Plans (RBMPs) and Shellfish Water regulations^[1].

Shellfish Water Protected Areas (SWPAs) are designated zones aimed at safeguarding shellfish waters from pollution, ensuring the sustainable development of economically significant shellfish production. Section 5A of WEWS provides Ministers with powers to designate (or de-designate SWPAs) if they consider it necessary or desirable to do so for the protection or development of economically significant shellfish production.

Where SWPAs are designated, the Scottish Environment Protection Agency (SEPA) assesses and classifies each SWPA, working closely with Food Standards Scotland (FSS). FSS conducts year-round monitoring and assesses shellfish harvesting areas based on E. coli levels in the shellfish flesh, categorizing them as A (highest classification), B, or C (lowest classification)^[2]. At the end of each year, FSS provides SEPA with this data, which is then used to classify the broader SWPA. This classification is used to identify trends in water quality and where necessary to inform potential additional actions to protect and improve water quality, including through River Basin Management Planning for example.

As of now, there are 85 designated shellfish waters in Scotland, spanning a total of 1120 km². Industry developments have resulted in the expansion of production areas both within and beyond Shellfish Water Protected Areas (SWPAs), while some existing SWPAs have remained non-productive for several years. Ministers have a duty to review SWPA designations^[3] and a review of the current designations is required to ensure they continue to achieve their aim of safeguarding shellfish waters and supporting the sustainable development of economically significant shellfish production, without disproportionate costs to other stakeholders.