Scottish Government consults on streamlining offshore regulation
The Scottish Government is taking another step towards an offshore fish farming sector, with proposals to ensure consistent environmental regulation for inshore and offshore fish and shellfish farming.
Current regulation requires fish and shellfish farming development from 3-12 nautical miles to acquire a Crown Estate Scotland lease, planning permission, a marine licence for discharges and/ or equipment (where applicable to the development type) and registration under an aquaculture production business authorisation.
The regulation of environmental discharges is different, however, depending on whether the farm is within three nautical miles of the shore or further out.
The Scottish Environment Protection Agency (SEPA) is the responsible authority for the regulation of discharges between 0-3 nautical miles, and the Marine Directorate - Licensing Operations Team (MD-LOT), on behalf of Scottish Ministers, is the responsible authority for this activity between 3-12 nautical miles.
This, the consultation paper says, creates an inconsistent approach to the regulation of this activity between 0-12 nautical miles and may lead to duplicated effort, and a need to increase resourcing appropriate expertise within MD-LOT to fulfil this function.
Environmental discharges covered by the regulations include organic waste, medicinal residues and sea lice.
The latest consultation proposes that SEPA will be the responsible authority regulating discharges anywhere up to 12 nautical miles from shore, creating a single lead for this area for the whole aquaculture sector. This, the Scottish Government says, recognises “SEPA’s expertise in regards to assessment, licensing and regulation of fish farm environmental discharges, and stakeholders familiarity with SEPA’s licensing and regulatory processes.”
From November 2025 SEPA’s regulatory powers, out to three nautical miles, will come from the new framework provided in The Environmental Authorisations (Scotland) Regulations 2018 (EASR), and the proposal is that fish farm environmental discharges between 3-12 nautical miles will also be identified as a regulated activity under EASR.
The consultation states: “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.”
Currently, fish and shellfish farms operating within three nautical miles of the shore are exempt from the requirement to seek a marine licence for certain types of discharge – that is, those regulated by SEPA – in order that the same activity is not subject to two regulators. The consultation proposes that this exemption be extended to farms operating 3-12 nautical miles offshore.
The exemption includes the deposit of certain types of equipment related to fish farming, within specified criteria.
Cabinet Secretary for Rural Affairs Mairi Gougeon said: “Innovations in technology mean that aquaculture sites can now be located further from the shore. These developments have the potential to reduce the environmental impact of marine farming by lessening interactions with wild salmonids and supporting farmed fish health and welfare.
“The Scottish Government proposes a consistent approach to the regulation and consenting of aquaculture development and activity right across the zero to 12 nautical mile zone. This could boost the marine fish and shellfish farming industry, whilst ensuring consistency and robust assessment of development proposals.
“Protecting Scotland’s marine environment is crucial and supports marine industries. The benefits to coastal and island communities could be significant and I would particularly encourage these communities to share their views before the consultation ends in December.”
Regulation of fish and shellfish farm deposits: consultation is available to read or download online. Comments are invited by 16 December.
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