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The Scottish Executive Rural Affairs Department (SERAD)
28. SERAD is responsible for statutory measures under the Diseases of Fish Acts 1937 and 1983 and related EC Fish Health legislation to prevent the introduction and spread of serious pests and diseases of fish and shellfish which may affect farmed and wild stocks. All marine fish farms must be registered with the Department for disease control purposes. Certain diseases must be notified to the Department and there are procedures laid down for the treatment and disposal of infected stock.
29. SERAD’s Marine Laboratories carry out a wide range of basic marine fish farm research and offer advice on production methods and equipment. The Department also has wider responsibilities in relation to the protection of fish, fisheries and the marine environment. It advises the Crown Estate on the implications for disease control, existing fishing interests and the inshore marine environment of applications for marine fish farm leases, and is consulted by SEPA on discharge consent applications.
The Crown Estate (CEC)
30. The CEC is responsible for the management of the territorial seabed and most of the foreshore between high and low water mark. Anyone wishing to establish a marine fish farm must apply to the CEC for a lease of the seabed (and foreshore where appropriate) within which the marine fish farm will operate. The CEC monitors marine fish farm operations to ensure compliance with lease conditions. It also maintains a register of marine fish farm leases and is able to supply non-commercial information on request.
The Scottish Executive Development Department (SEDD)
31. Following devolution SEDD has assumed responsibility for ensuring that works in tidal waters do not constitute a hazard to navigation previously administered by the Department for the Environment, Transport and the Regions. Under the Coast Protection Act 1949, consent for the installation of marine fish farming equipment in sea areas must be obtained from SEDD.
Scottish Environment Protection Agency (SEPA)
32. SEPA has a duty to promote the cleanliness of Scotland’s tidal waters and to conserve so far as practicable, its water resources. SEPA is also required to promote the conservation of flora and fauna dependent on the aquatic environment. This includes the safeguarding of water quality and the condition of the sea bed in the vicinity of fish farms. Under the Control of Pollution Act 1974, consent is required for the discharge of effluent from marine fish farms to coastal waters from SEPA. An application for discharge consent is advertised by SEPA in the appropriate local newspaper and the Edinburgh Gazette. SEPA consults other regulatory authorities and is a relevant and competent authority under the Conservation (natural habitats and conservation) Regulations 1994. If SEPA is minded to agree to the discharge, it will inform any objector who can then have 21 days within which to request the Secretary of State to call-in the application for his own determination. Conditions designed to minimise adverse environmental effects may be attached to discharge consents. SEPA is responsible for ensuring that appropriate monitoring of the aquatic environment is undertaken and this is achieved by applying specific consent conditions and by its own audit monitoring. Consents may be subject to a review after a period of 4 years or sooner with the agreement of the discharger.
Local Authorities
33. Local authorities have the lead role in advising the Crown Estate on marine fish farm proposals under the interim arrangements pending the transfer of control to them under proposed changes to land use planning legislation. Local authorities, however, control fish farm developments above the low water mark. Thus, for freshwater fish farms, all development requires planning consent, as do any onshore facilities associated with marine fish farming.
Harbour Authorities
34 Harbour authorities, in designated harbour areas, issue licences for the operation of marine fish farms. Applications for works licences require to be advertised and are subject to consultation procedures. Applicants should consult their local harbour authority on the particular procedures which apply.
The Health and Safety Executive (HSE)
35. Under the terms of the Health and Safety at Work Act 1974, HSE inspect installations and facilities at marine fish farms. HSE has issued advice on minimum health and safety standards for the construction and use of floating fish farm installations used for fin fish in inshore waters.
Shetland and Orkney Islands Councils
36. In Shetland, under the Zetland County Council Act 1974, the Council has powers to licence works in coastal waters which it exercises in conjunction with its powers as planning authority. Under these powers, the Council has developed policies for the development and regulation of salmon and shellfish farming. Anyone wishing to undertake marine fish farm development within the Shetland coastal waters must obtain a works licence from the Council. All applications for works licences must be advertised and the Council consults widely. Applicants and objectors enjoy the right of appeal to Scottish Ministers against the Council’s decision. Under the Orkney County Council Act 1974, the Council exercises works licensing powers within certain designated harbour areas. In the event a Works licence is granted the applicant must also apply to the Crown Estate for a lease in the usual manner.
Scottish Natural Heritage (SNH)
37. Scottish Natural Heritage is responsible for securing the conservation and enhancement of the natural heritage - wildlife, habitats and landscapes - and for promoting its understanding and enjoyment by the public. In addition the Natural Heritage (Scotland) Act 1991 states that SNH "shall have regard to the desirability of ensuring that anything done, whether by SNH or any other person in relation to the natural heritage of Scotland is undertaken in a manner which is sustainable".
38. When consulted on aquaculture applications, SNH takes into account the proximity to and potential impact on wildlife, habitats and landscape. The factors considered, in no order of priority, include :
39. SNH would also point out the proximity of a proposed site to any Marine Consultation Areas. This is a non-statutory designation intended to highlight areas which have been identified as deserving of particular distinction in respect to the quality and sensitivity of their marine environment and where the scientific information available substantiates their nature conservation importance.
District Salmon Fishery Boards
40. Salmon fisheries management in Scotland has been devolved to district salmon fishery boards under the terms of the Salmon Act 1986. These boards may do such acts, execute such works and incur such expenses as may appear to them to be expedient for the protection or improvement of salmon fisheries, the increase of salmon and the stocking of the waters of the district with salmon. In order to fulfil their functions, they may appoint a clerk and water bailiffs. It is an offence for a person intentionally to introduce salmon or salmon eggs into inland waters in a salmon fishery district for which there is a board unless he has the written permission of the board or the waters constitute or are a fish farm within the meaning of the Diseases of Fish Act 1937, as amended.
West Coast Fisheries Trusts
41. A number of Fishery Trusts, which are charitable organisations, have been set up to promote and undertake research to provide scientific advice on the fisheries resources particularly in the west and north of Scotland. The Trustees are drawn from, among others, local owners of fishing rights and the fish farming industry. Support is provided by a number of organisations including SNH, SEPA and the Scottish Executive through the Freshwater Fisheries Laboratory, Pitlochry.
Ministry of Defence
42. Fish farming is one of a number of activities which are excluded under byelaws from Ministry of Defence controlled areas which are used extensively by the UK, NATO and Allied nations for training purposes. The most significant of these areas include the Dockyard Ports of The Gareloch, Loch Long, Loch Goil, the Holy Loch and Rosyth. Similar prohibitions also exist at the British Underwater Test and Evaluation Centre (BUTEC) and the Rona Noise Range. Details of these prohibited areas can be found in the relevant sections of the West of Scotland Pilot and are normally indicated on the large scale Admiralty Charts. In addition Minelaying and Minehunting operations around military facilities on the west coast and the presence of submarine exercise areas militate against the provision of fish farm moorings in some areas. It is therefore important that MOD is consulted to ensure that fish farm developments do not constitute a hazard to navigation.
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