Marine planning zones - proposals to extend to 12 nautical miles: impact assessments

Island Communities Impact Assessment (ICIA) - Partial

Note: Relevant sections of this partial island communities impact assessment may be updated following the public consultation on the proposed extensions to marine planning zones. The final impact assessment will then be published via the Scottish Government Publications Website

Name of Policy, Strategy or Service - Proposals to extend marine planning zones out to 12 nautical miles

Step one – Develop a clear understanding of your objectives

What are the objectives of the policy, strategy or service? - The objective of the proposal is to close an existing gap in marine fish farming planning regulations, by extending marine planning zones to 12 nautical miles. This will be achieved by laying an SSI to amend the relevant regulations

What are the intended impacts/ outcomes and how do these potentially differ across the islands? - At present, any proposed marine fish or shellfish farm sited between 0-12 nautical miles from Scotland’s coast require planning permission, but current marine planning zones (which give local authority planners the power to consider such applications) only cover the area between 0-3 nautical miles. The proposed Order will close this existing gap in planning regulations.

It is considered there will be no differing impacts across islands, as the intention is to extend marine planning zones to 12 nautical miles for all local authorities, including island local authorities.

Step two – Gather your data and identify your stakeholders

What data is available about the current situation in the islands? - The number of fish and shellfish farms operating from each island is available through National Marine Plan Interactive. Data on finfish and shellfish production and direct employment is available on a regional level (including Orkney, Shetland and Comhairle nan Eilean Siar) but not at the individual island level (e.g. Skye and small Isles would fall under Highland Region).

Who are your key Stakeholders? - Aquaculture area communities, aquaculture businesses, regulators (including local authority planners), statutory consultees to the aquaculture planning process and NGOs

How does any existing data differ between islands? - Shetland has the highest numbers of aquaculture sites. Orkney, Lewis/Harris, the Uists, Skye and Mull have fewer farms but are still relatively well developed. A range of other islands have a small numbers of farms (1-3) such as Barra, Gigha, Rum, Muck, Colonsay, Arran, Eigg and Islay.

Step three - Consultation

Is there information already gathered through previous engagements? - Prior to the designation of the current marine planning zones via The Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007, engagement on how each marine planning zone boundary should be defined was carried out through a public consultation. Responses to the consultation informed the boundaries between each marine planning zone.

Consultees included groups associated with island communities including; local authorities, fisherman’s federations, fishery boards, aquaculture groups, yachting associations and port authorities.

The proposed order does not change the delineation of existing marine planning zone boundaries between each local authority area. The intent is to extend the existing marine planning zones from the current 3 nautical mile limit, out to 12 nautical miles.

How will you carry out your consultation and in what timescales? Public meetings/Local Authorities/key Stakeholders - The proposed extensions to marine planning zones will be presented for input from relevant stakeholder groups via a public consultation, which will be open for 12 weeks. It is estimated the public consultation will launch during September 2024 and close during November 2024

What questions will you ask when considering how to address island realities? - The public consultation will set out the proposed extensions to marine planning zones and the reasons for doing so. Stakeholder groups and individuals with links to island communities will be able to feedback on the appropriateness of these extensions and raise any additional points should they disagree with the proposal.

Separate consultation events for Island communities/Local Authorities? - There are no intended separate consultation events for island communities and Local Authorities. It is considered the public consultation will provide the opportunity for island voices to be considered.

Step four - Assessment

Does your assessment identify any unique impacts on island communities? - There are no anticipated unique impacts on island communities arising from the proposed Order

Does your assessment identify any potential barriers or wider impacts? - There are no anticipated potential barriers or wider impacts arising from the proposed Order

Are there mitigations already in place for these impacts raised? - N/A

Is a full Island Communities Impact Assessment required?

You should now determine whether, in your opinion, your policy, strategy or service is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities). To form your opinion, the following questions should be considered:

Are there mitigations in place for the impacts identified and noted above from stakeholders and community consultations? - There are no anticipated potential barriers or wider impacts arising from the proposed Order and as such no specific mitigations in place

Does the evidence show different circumstances or different expectations or needs, or different experiences or outcomes (such as levels of satisfaction, or different rates of participation)? - Evidence from island stakeholders in response to the public consultation will inform this section

Are these different effects likely? - To be updated following public consultation

Are these effects significantly different? - To be updated following public consultation

Could the effect amount to a disadvantage for an island community compared to the mainland or between island groups? - To be updated following public consultation