Aquaculture - fish farms: containment of and prevention of escape of fish - draft code of practice - consultation

Introduction to the Code of Practice

Section 7 of the Aquaculture and Fisheries (Scotland) Act 2007 empowers the Scottish Ministers to approve a code of practice, in whole or in part, in order to give practical guidance to fish farmers, promoting desirable practices with respect to the containment of fish on fish farms and the prevention of escapes by farmed fish. Once approved, such a code of practice is subject to the monitoring and enforcement powers as provided in the 2007 Act.

The aim of this Aquaculture Code of Practice is to address the impact of marine mammal interactions upon containment and escape of fish at fish farms. The practical measures identified within this Code are focussed upon addressing the risks concerning containment and escape of farmed fish arising from marine mammal interactions, particularly those involving seals. The potential impact of marine mammals upon fish farms should be mitigated through the adoption of appropriate containment measures, while ensuring that these measures are not harmful to marine mammals (i.e., appropriate non-lethal measures).

Background to the Code of Practice

The aquaculture sector is an essential component of the Scottish economy, contributing to sustainable economic growth in rural and coastal communities. In 2018, Scottish aquaculture and its wider supply chain contributed £880 million GVA to the Scottish economy and supported over 11,700 jobs.^[1]

In addition, the seas around Scotland are internationally important as a source of marine biodiversity, supporting a wealth of wildlife including twenty-two species of marine mammals, comprising cetaceans (whales, dolphins and porpoises) and two species of pinnipeds (grey seals and harbour seals).

Due to the prevalence of marine mammals within Scottish waters, a certain degree of interaction between marine mammals and aquaculture equipment is inevitable. Both grey seals and harbour seals are commonly found in Scottish waters. Grey seals and harbour seals, in particular, may be attracted to fish farms, especially in circumstances where they learn to associate the farmed fish as a potential source of food. This can result in damage to nets and other aquaculture equipment which can in turn jeopardise the containment of farmed fish and risk their escape. Seals may also cause stress and welfare issues to farmed fish.

Why do we need this Code of Practice?

Marine mammals in the Scottish marine area are provided with protection through measures specific to the species, site-based measures and wider seas measures under a series of regulatory and legislative provisions including the Habitats Regulations and the Marine (Scotland) Act 2010. The Code is necessary to meet international standards, and will enable continued trade and access to international markets. For example following the Code will help ensure Scotland's standards are comparable with the United States Marine Mammal Protection Act (1972).