Publication - Impact assessment
Environmental Assessment (Scotland) Act 2005 Aquaculture and Fisheries Bill Consultation Document Environmental Report February 2012
This Environmental Report sets out the results of the assessment of the possible environmental effects of provisions in the Aquaculture and Fisheries Bill.
Appendix 1: Screening Summary of the Aquaculture and Fisheries Bill Consultation Document
| Proposed Provision | Environmental Effect? |
|---|---|
| Aquaculture | |
Farm Management Agreements
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Yes. Taken together, these measures would make mandatory an activity which is currently voluntary, building on the practices set out in the "Code of Good Practice for Scottish Finfish Aquaculture". Although the majority of fish farms currently work with Farm Management Agreements, this would result in all fish farms being managed in this way. This would have the following benefits:
The proposed revocation of unused consents has been reviewed as part of this screening. At present environmental capacity models assume that all consents are being used, which includes the generation of waste ( e.g., faecal matter), even when they are not. It has been assumed that unused consents may be revoked and re-issued, and sites will therefore be brought into production. This would not be a significant change from the existing theoretical position, and therefore no environmental effects are anticipated. |
|
| Sea-lice Data: institute statutory requirements to collect and publish site-specific sea-lice data | No. The collection and publication of data in itself will not result in environmental effects. |
| Mortality, Disease, etc Data: requirement for fish farms to provide data to Marine Scotland on fish mortality, movements, disease, treatment and production. | Yes. The collection and publication of data is intended to identify treatment/efficacy failures at an early stage and facilitate mitigation and/or remediation measures. A key outcome would be the improved control of sea-lice and pathogens, thereby benefitting wild salmonid populations. |
| Biomass Control: powers to Scottish Ministers to require SEPA to reduce biomass consent | Yes. These powers are intended to create a link between the licensed biomass for a site and the required volume of therapeutant and/or the successful management of sea-lice and pathogens. Improved sea-lice and pathogen control has a potential significant environmental benefit, since these affect wild salmonid populations as well as farmed fish. |
Wellboat control: powers to Scottish Ministers to provide for control requirements on wellboats. Provisions may include:
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Yes, additional controls on discharges from wellboats are intended to control the discharge of sea-lice and pathogens. Improved control of sea-lice and pathogens has the potential for significant environmental benefit, since these affect wild salmonid populations as well as farmed fish. The remaining provisions (monitoring of wellboat activity, and the collection and publication of data) are not considered to give rise to environmental effects. The collection of this data is intended to inform risk-based compliance monitoring. |
| Farmed fish processing plants: additional powers for Scottish Ministers to place controls on plants processing farmed fish (spread of sea-lice, pathogens) | Yes. Additional controls on discharges from farmed fish processing plants are intended to control the discharge of sea-lice and pathogens. Improved controls have the potential for significant environmental benefit, since these affect wild salmonid populations as well as farmed fish. |
| Seaweed cultivation: regulate seaweed cultivation through marine licensing arrangements | Yes. Seaweed cultivation has the potential for significant environmental effects, and licensing will act to control adverse effects. The potential environmental effects of seaweed cultivation will be explored through the SEA undertaken to inform the proposed sector framework. |
| Commercially damaging species: additional powers for Scottish Ministers to control commercially damaging native species | No. A 'commercially damaging species' in this context means one which may displace or prejudice the commercial production of traditionally farmed species, but which itself has no commercial value. This proposed measure is therefore intended to protect commercial interests and will not have environmental effects. |
| Shellfish Growing Waters | |
| Powers for Scottish Ministers to protect shellfish growing waters (identify shellfish protection areas, set objectives and environmental standards, consultation, monitoring, classification) | No. To ensure that shellfish water quality continues to be protected after the Shellfish Waters Directive ( SWD) is repealed, Scottish Ministers propose to incorporate the aims of the SWD into our Water Framework Directive implementation framework. To do this, new legal powers will be required. There would therefore be no change from the existing regulatory framework and, in consequence, no environmental effects are anticipated. |
| Fish Farming and Wild Salmonid Interactions | |
| Sea-lice treatment: powers to Scottish Ministers to determine a lower threshold above which remedial action needs to be taken, including at certain times of year, in key areas of Scotland with significant wild fisheries, and/or where fish farming involves high biomasses of fish (meaning the overall burden of lice may be significant). This would be subject to consultation with appropriate local interests in the areas concerned. . | Yes. The sea-lice management regime and treatment triggers are included in the "Code of Good Practice for Scottish Finfish Aquaculture". Scottish Ministers believe that there is a case for additional measures, thereby reducing the risk of unacceptable sea-lice burdens. In consequence, it should have benefits for wild salmonids as well as for farmed fish. |
| Containment / aquaculture escape prevention: powers to require finfish farms to use equipment that conforms to a Scottish Technical Standard | Yes. This measure would require a minimum technical standard that will set out specifications for fish farm equipment such that it is fit for purpose. It is intended to reduce escapes, thereby reducing the risk of competition, displacement and inter-breeding, with consequent benefits for wild salmonid populations. |
| Samples: powers to take samples of fish from fish farms for tracing purposes ( i.e. trace escaped fish back to their farm of origin) | No. This is procedural, to allow the collection of information in support of enforcement. In consequence, no environmental effects are anticipated. |
| Salmon and Freshwater Fisheries Management | |
| Operation of District Salmon Fishery Boards: introduction of a duty on boards to act fairly and transparently | No. These are procedural, regarding the conduct of District Salmon Fishery Boards and, in consequence, no environmental effects are anticipated. |
| Powers for Scottish Ministers to give statutory backing to a sector-developed Code of Practice on the operation of District Salmon Fishery Boards | |
| Powers for Scottish Ministers to introduce a system of statutory carcass tagging of wild salmonids | No. This is procedural, to allow the collection of information. In consequence, no environmental effects are anticipated. |
| Powers for Scottish Ministers to take or require wild fish and/or wild fish samples for genetic or other analysis | |
|
Yes. These measures are intended to enhance capacity for management of wild fisheries in general and stocks in particular. This would have benefits for wild salmonid populations. |
| Powers for Scottish Ministers to prescribe procedures for statutory mediation and dispute resolution (through regulations) | No. This is procedural. Providing powers to mediate will not result in environmental effects. |
| Powers for Scottish Ministers to require District Salmon Fishery Boards and others to undertake record keeping, reporting and inspection of salmon and sea trout fisheries | No. This is procedural, to allow the collection of information. In consequence, no environmental effects are therefore anticipated. |
| New reserve powers for Scottish Ministers to recall, restrict or exclude the jurisdiction of District Salmon Fishery Boards to license the introduction of salmonids in their District, in certain circumstances. | Yes. These changes to the licensing authority for existing regulated activities are intended to protect biodiversity, in particular reducing the risk of competition, displacement and inter-breeding, with consequent benefits for wild salmonid populations. |
| Enforcement | |
| Changing the way liability is defined to facilitate enforcement (application of strict liability criteria to certain offences; identification of responsibility for non-compliance) | No. This is a procedural change to the existing enforcement regime and will not result in environmental effects. |
| Powers to widen the scope of offences for which Fixed Penalty Notices can be used; extending existing powers to include all marine- and aquaculture-related offences which fall within the responsibility of Marine Scotland; powers to increase maximum penalty | No. This is a procedural change to the existing enforcement regime and will not result in environmental effects. |
| Changes to Sea Fisheries Legislation | |
|
No. These are procedural changes, e.g. to the existing enforcement regime, and will not result in environmental effects. |
| Charging | |
| Powers for Scottish Ministers to make provision for charging for services/benefits arising from public sector services and activities | No. This is a procedural change to the existing charging regime and will not result in environmental effects. |
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