Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters

locational guidelines

4. This guidance builds on earlier guidance prepared by the CEC which introduced, amongst other things, the concept of very sensitive areas. In addition the CEC agreed with the Nature Conservancy Council (NCC)/Scottish Natural Heritage (SNH) to introduce Marine Consultation Areas to help in focusing liaison arrangements. Also, some planning authorities prepared non-statutory framework plans aimed at influencing the location and expansion of the aquaculture industry. This earlier guidance has been revised and extended covering all areas of the Scottish coastline where aquaculture takes place and drawing on the latest available information on Scotland’s coastal environment. Specifically it draws on :

- advice from SNH on the sensitivity of coastal landscapes within National Scenic Areas;

- advice from SNH on sensitive natural heritage designations;

- analysis of the relative sensitivity of sea loch systems to damage by fish farm development prepared by scientists at the Scottish Executive Rural Affairs Department (SERAD) Marine Laboratory;

- data on the location of existing marine fish farms;

- additional information obtained in the course of consultations with other regulatory agencies, the fish farming industry and other interested parties; and

- current concerns on wild salmon and sea trout populations reflecting the status of Atlantic salmon under the Habitats Directive (Annex ll and V species).

Constrained Areas

5. In order to provide a positive framework for the location of new developments while safeguarding the environment, now protected under a number of national and international designations, and other interests, Scottish Ministers consider that it is necessary to identify those areas which are likely to be particularly environmentally sensitive to new or expanded developments and in which stringent criteria should be required to be fully met before consent might be given.

6. The Salmon Strategy Task Force recommended (para 61) that their proposed independent regulatory board for marine fish farming, "should have powers to introduce a system of zoning for marine fish farms under which, subject to public consultation, it could impose a moratorium on the expansion of production in existing fish farming areas, for example in the north west coast of Scotland, and apply a presumption against the further development of fish farms elsewhere, for example on the east coast of Scotland".

7. Scottish Ministers have considered this carefully. They have also taken into account the "Resolution by the Parties to the Convention for the Conservation of Salmon in the North Atlantic to minimise impacts from salmon aquaculture on the wild salmon stocks" (NASCO - "The Oslo Resolution"). They are also mindful of the threats salmonid stocks face throughout their North Atlantic range as recently reported by the International Council for Exploitation of the Seas (ICES). In the light of all of these factors and having regard to the precautionary approach Scottish Ministers believe that there should be a presumption against further development of marine finfish farming developments on the east and north coasts.

8. Consistent with the approach described above and in addition to the presumption against further development on the east and north coasts, Scottish Ministers propose three categories.

• Category 1 where the development of new or the expansion of existing marine fish farms will only be acceptable in exceptional circumstances. These are only likely to arise where it can be demonstrated conclusively, by the applicant, that the development will not have a significant adverse effect on the environmental qualities of the area. See Annex A.
• Category 2 where the prospects for further substantial developments are likely to be limited although there may be potential for modifications of existing operations or limited expansion of existing sites particularly where proposals will result in an overall reduction in environmental effect, so enhancing the qualities of the area and hydrological conditions. See Annex B.
• Category 3 where there appear to be better prospects of satisfying environmental requirements, although the detailed circumstances will always need to be examined carefully.

criteria for categorisation

9. A combination of factors were taken into account in deriving the categories including natural heritage interests, physical attributes, hydrographical characteristics as well as existing levels of development. As a result there will be areas within category 3 which are or could be sensitive to aquaculture development but have not been specifically highlighted as they do not contain significant aquaculture development at the moment. This approach underlines the importance of the review mechanism (see paragraph 21). More detail on the criteria applied can be found in Annex C while the principal constraints within each Category 1 and 2 area are identified in Annex D.