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Annex A.2
DRAFT REGULATORY IMPACT ASSESSMENT - PROPOSED CHANGES TO THE DESIGNATION PROCESS
Purpose and intended effect of changing the designation process
The present method of identifying new shellfish waters to be designated under the Shellfish Waters Directive (2006/113/ EC) ( SWD) are made by the analysis of production data over the previous four years. The Scottish Government, in conjunction with the Fisheries Research Services monitor where shellfish production takes place, then designate the site, which leads to investment to improve the water quality to the standards as set by the SWD. An alternative approach is now being considered which may be more cost-effective.
Risk Assessment
If the present method of designation is continued, there is a risk that the driver of the designation process remains the levels of shellfish production. At the moment, a farmer can set up a shellfish farm in any area, and if the farm shows sustainable production over a 4 year period, then it would be considered for designation under the SWD. As the process stands at the moment, we may have to invest large sums through Scottish Water, to maintain or improve the quality of these waters to the standards set by the Directive.
An alternative way of approaching the designation process would be for the Scottish Government, in conjunction with SEPA, to identify waters which already have very good water quality which would be suitable for shellfish growing. Shellfish farmers who then intend to set up new farms could access and use this information when considering location.[
Adopting this approach would have the effect of good water quality becoming the driver of the new designations, rather than designations being driven solely by shellfish production.
Options
The options are, to continue to designate shellfish waters by means of production analysis, or to adopt a new approach which would mean that the designation process is being driven by the identification of sites with good water quality.
Benefits
The above alternative method of designation would have several benefits:
- The shellfish farmers would have access to information about areas with good water quality in which to set up a farm, where they could be confident that they would get a good classification under the Shellfish Hygiene Directive (91/492/ EEC) ( SHD).
- There would be a saving on costs for Scottish Water as there would be little or no investment necessary order to maintain or improve the water to the standards set out in the SWD.
- It would have the effect of regenerating and supporting rural communities, by providing employment opportunities in some of the more remote areas.
Quantity and value of benefits
Comment is invited on the value of the benefits of this proposed method of designation.
Compliance costs for Business, Charities and Voluntary Organisations
With the present method of designation, the most significant proportion of the compliance costs incurred falls to any organisations or individuals which discharge directly into the designated waters. With the alternative approach of initially identifying the clean waters, there would be minimal, if any, compliance costs.
There would still however, be costs which would fall to SEPA in respect of its monitoring and sampling regime.
Comment is invited from interested parties on any likely compliance costs as a result of using this proposed method of designation.
Consultation with Small Business
To be completed following consultation.
Other Costs
Comment is invited from Scottish Water and SEPA on the costs which are likely to fall to them using this proposed method of designation, and any effects this could have on charges to individuals and organisations.
Results of Consultations
To be completed following consultation.
Summary and recommendations
To be completed following consultation.
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