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10. In marine and terrestrial Special Protection Areas (SPAs) and marine and terrestrial Special Areas of Conservation (SACs) particular arrangements must be applied in considering any proposals which might affect them. Circular 6/1995 is an important reference for these requirements and NPPG 14 on the Natural Heritage also addresses the matter. Any proposal which is likely to have a significant adverse effect on the interests for which the site was designated can only proceed in very exceptional circumstances.
11. Environmental Impact Assessment (EIA) is an integral part of the process of determining most applications for marine fish farms. The EC Directive on Environmental Assessment (85/337/EC) as amended by Directive 97/11/EC seeks to ensure that where a development is likely to have significant effects on the environment the potential effects are systematically addressed in a formal environmental statement. The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 bring the amended Directive into force and supersede the Environmental Assessment (Salmon Farming in Marine Waters) Regulations 1988 with effect from 14 March 1999. As the title suggests EIA now applies to all marine fish farm developments but not marine shellfish farming.
12. Marine fish farming falls within the types of projects listed in Annex II to the Directive, such developments must therefore, be subject to EIA whenever they are likely to have significant effects on the environment. This includes changes or extensions to existing developments that may have significant adverse effects on the environment even where the original development was not subject to EIA. The Regulations also apply to renewal of existing leases.
13. The Regulations apply to applications received on or after 14 March 1999 and where:
(a) any part of the proposed development is to be carried out in a sensitive area, or
(b) the proposed development is designed to hold a biomass of 100 tonnes or greater, or
(c) the proposed development will extend to 0.1 hectare or more of the surface area of the marine waters, including any proposed structures or excavations.
14. Applications which trigger any of these thresholds must be subject to a formal determination (referred to as a screening opinion in the Regulations) by the relevant competent authority as to whether EIA is required or not. Until such time as the proposed legislation is in place transferring responsibility for the authorisation of marine fish farming to Scottish local authorities, the "competent authority" for the purposes of the EIA Regulations remains the Crown Estate Commissioners, with the exception of Shetland and Orkney Islands Councils which are now competent authorities in respect of fish farm developments within waters for which they issue Works Licences under the Zetland County Council Act 1974 and the Orkney County Council Act 1974 respectively. For the interim period, the Crown Estate will have regard to the views of the Local Authorities and other statutory consultees on the need for EIA in specific cases.
15. The thresholds in the Regulations provide the basic framework within which the likely environmental effects of marine fish farm proposals will be considered. In addition to that Scottish Ministers take the view that there is a need, based on current knowledge and understanding, to highlight constraints within particular areas due to existing levels of development (see paragraphs 5-8) and to set more prescriptive procedures for EIA. In order to retain flexibility to make adjustments to this locational guidance as understanding of the marine environment grows Scottish Ministers have concluded it would not be appropriate to define these areas within legislation but instead within this document where they can be subject to administrative review on a regular basis.
Therefore, for the purposes of this Policy Guidance Note, the indicative criteria which will determine the need for EIA, using the categorisation set out in paragraph 8, is set out below :
Category 1 Areas
- all proposals for new sites or modifications to existing marine fish farm sites or equipment
Category 2 Areas
- all proposals for new fish farm sites or significant modifications at existing sites. For the purposes of the indicative criteria, a "significant modification" is any single or cumulative increase of more than 25% in biomass or equipment which would result in development designed to hold a biomass of 250 tonnes or more, or a cage area of more than 2,000m2
Category 3 Areas
This will include sea lochs and other enclosed inshore areas along with open sea areas within 2 Km of the coast which are not within category 1 or 2 :
- all proposals will be subject to the normal screening procedures provided for in the EIA Regulations.
If in any doubt as to the need for EIA, applicants are encouraged to seek a screening opinion from the appropriate competent authority at a very early stage in developing proposals for new sites or expansions to existing sites.
16. The Crown Estate, in conjunction with the Scottish Salmon Growers Association as well as the Shetland Salmon Farmers Association, published (April 1998) "Environmental Assessment Guidance Manual for Marine Salmon Farmers". The manual provides invaluable advice about how to prepare Environmental Statements and is equally applicable to development of proposals for species other than salmon.
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