Shellfish Water Protected Areas: consultation analysis

4. Other issues raised

As noted above, stakeholders raised several broader issues.

Stakeholders noted that the required review of SWPA designations in 2019 had not taken place and sought reassurances further reviews would be undertaken.

A common concern among stakeholders was around the approach to monitoring and the level of water quality monitoring, particularly since 2018. Some responses suggested that there were limitations around the monitoring and regulatory processes related to SWPAs, particularly since the implementation of the 2013 regulations^[4], which needed to be corrected or reassessed to improve the effectiveness of measures. Related to monitoring and classification, respondents also commented on Environmental Quality Standards (EQS), including alignment with the EU Commission’s proposed changes and the sufficiency of EQSs to safeguard sensitive receptors such as Priority Marine Features.

Some responses referred to spatial planning. This includes a suggestion of the need for spatial planning reform, such as a single agency to manage coastal protection to reduce fragmentation; and more detailed implementation guidance on existing National Marine Plan policy to support more consistent interpretation by competent authorities and industry stakeholders when assessing and applying for new developments.

4.1 Government response: Other issues

Although a review of the SWPA designations was not undertaken in 2019, existing SWPAs continued to receive the level of protection required under the existing legislation. A review is usually undertaken every six years but can be undertaken sooner. The current review proposed to add 14 new and expand 1 SWPA to ensure the designations of SWPAs continue to support the production of economically significant shellfish production. The next full review of all designations will take place before 2031.

We note stakeholder concerns around monitoring. SWPAs are designated where it is considered necessary to protect or develop economically significant shellfish production and classified based on microbial standards (E. coli levels in shellfish flesh). The development and delivery of appropriate monitoring are the responsibility of SEPA as independent environmental regulator. SEPA works with FSS and uses FSS’s Official Control data to classify SWPAs and target actions to investigate and improve water quality where necessary. A review of current practices on shellfish water monitoring and classification in Scotland showed that the current approaches are in line with regulatory requirements, but identified opportunities to better align with best practice, which regulators have considered.

SEPA also undertakes environmental monitoring and classification for River Basin Management Planning (RBMP). Each SWPA is within a broader RBMP water body. This provides a picture of ecological and chemical status of water bodies and helps identify where further action or monitoring is required. Where a waterbody does not achieve a classification of ‘Good’ or better Overall Condition under RBMP, SEPA identifies the reasons and prioritises actions based on monitoring and classification data. SEPA’s monitoring is risk-based, for example, focusing on water bodies at risk of failing to meet ‘Good’ or better Overall Condition.

SEPA has reviewed the current monitoring arrangements for SWPAs, engaged with industry on its findings, and is currently developing future monitoring approaches. SEPA is also considering how best to assess potential deterioration in SWPAs. This work will help inform how any future changes in SWPA water quality are identified and interpreted. SEPA is taking this work forward as part of its wider evidence review, which aims to ensure that monitoring approaches remain proportionate and risk based.

We are also considering proposals from the EU on new and updated EQSs, which may inform future monitoring and classification of water bodies through River Basin Management Planning. In doing so, we will continue to consider evidence of their relevance to other sensitive areas.

On planning, responsibility for decisions rests with local and national planning authorities, who are best placed to assess development proposals within their areas. Our National Marine Plan (NMP) supports sustainable development of our seas and the planning policies, including Aquaculture Policy 04, are there to guide decision-making. We encourage development within SWPAs where there is sufficient environmental capacity. NMP Aquaculture Policy 04 does not explicitly preclude development outside of SWPAs. The updated National Marine Plan (NMP2), will introduce an updated planning framework which aims to balance the need for protection of the marine environment, and sustainable development of existing and emerging sectors. In developing NMP2, we will continue to work with marine sectors and communities on updating the planning policies and are also considering the design of implementation guidance alongside the policy development.