Independent review of Scottish aquaculture consenting

Footnotes

1. Including one company that is currently exploring integrated multi-trophic aquaculture.

2. Noting that one individual represented both an aquaculture developer and an aquaculture organization.

3. These objectives mainly focus on the promotion of sustainable economic growth of the sector. Not all of the objectives listed can necessarily be achieved directly through the marine planning system, but they are considered important context for planning and decision-making. As with the content of the NMP overall, these are subject to the strategic objectives of the NMP as well as the General Policies set out in Chapter 4.

4. The 11 Scottish Marine Regions are: Argyll, Clyde, Forth & Tay, Moray Firth, North Coast, North East, Outer Hebrides, Orkney Islands, Shetland Isles, Solway and West Highlands.

5. It is noted that the role of planning authorities currently only extends to 3 nautical miles and that, in the future, should fish farming extend beyond 12 nautical miles a marine licence from Marine Scotland would be required as the primary consent to develop.

6. As per Regulation 25, Schedule 25 Para 5 (7) of the Development Management Regulations 2013

7. SEPA consider that if this acts as a barrier to consent, then market forces should come to play whereby the company seeking consent acquires the unused CAR licence from the owning company.

8. Both the UK Secretary of State and Scottish Ministers must be consulted where marine fish farm development might affect a site covered under Protection of Military Remains Act 1986.

9. For example, as used by SEPA for small hydro schemes.

10. judicial review case 'Friends of Loch Etive Vs Argyll And Bute Council and Dawnfresh Farming Ltd ( CSOH 61 2015)

11. It is, however, understood that SEPA is moving away from imposing biomass limits as regulatory conditions in CAR licences and thus the Biomass Loophole will no longer be relevant.

12. i.e. the auditable, reportable system that ensures best practice, fish health and appropriate farm management, and ultimate control to close a site if this level of management is not demonstrated.

13. i.e. the auditable, reportable system that ensures best practice, fish health and appropriate farm management, and ultimate control to close a site if this level of management is not demonstrated.

14. This assumes that the aquaculture developer is not new to the industry and therefore the APB process will no require 12 weeks.