Potential scale of Scottish seaweed-based industries: research paper

A Legislative and Regulatory Control of Wild Seaweed Harvesting and Seaweed Cultivation at Sea

A.1 Introduction

A.1.1 As noted in the main report, the future opportunities for the Scottish seaweed-based sector have been considered within the current legislative and regulatory framework with regard to wild seaweed harvesting and seaweed cultivation at sea. A detailed review of the current regulatory and legislative framework for wild harvesting and cultivation of seaweed has recently been undertaken by the Scottish Government's Seaweed Review Steering Group (2020). This appendix provides an overiew of the regulatory framework for wild seaweed harvesting and seaweed cultivation. All information is based upon the Seaweed Review Steering Group paper unless otherwise stated and for further detail, readers are directed to the full review.

A.2 Wild harvesting of seaweed

A.2.1 Wild harvesting of seaweed for commercial reward (i.e. not personal consumption) requires permission from the landowner (whether the CES, in which case a licence from CES is required, or a private landowner in which case permission is required) and potentially a marine licence depending on the method of harvesting. These requirements are described in more detail below.

Requirement for a Crown Estate Scotland Licence for wild harvesting of seaweed

A.2.2 The Crown is the owner of around half of the UK's foreshore and virtually all of the UK seabed out to the 12nm limit and in Scotland these assets are managed by Crown Estate Scotland (CES). Harvesting seaweed from the foreshore or seabed (i.e. below mean low water springs) managed by CES, for commercial reward requires a licence to be obtained from CES^[41]. A proportionate approach to the information required from the operator to obtain the licence is applied by CES. Depending on the intensity of harvesting (the volume to be harvested and the timescale for the harvesting), information requirements for the issue of a CES licence can include the following:

• A stock biomass assessment to predict sustainably available annual volumes for each species proposed to be harvested;
• A sustainable harvesting strategy; and
• A monitoring strategy setting out the data to be collected to inform the sustainability of the activity undertaken.

A.2.3 Further to NatureScot (formerly Scottish Natural Heritage, SNH) being satisfied by the information supplied by the applicant that the activity presents no evident risk of unacceptable environmental effects, a licence is issued, usually for a 3-5 year period. CES only applies species-specific harvesting volumes to operators undertaking larger-scale harvesting activities (i.e. generally harvest volumes of 100 tonnes per annum and above, depending on the intended time period over which harvesting would occur), based on the stock and sustainable harvest assessments supplied by the licensee during the licence application process. For smaller-scale operators, who require smaller volumes (for example, who may only require several hundred kilos of seaweed per annum), a maximum harvesting volume across all species collectively is applied in the licence (CES pers. comm.). The licence may be renewed subject to a review of the sustainability of the harvesting practice. The licence issued by the CES delineates the boundary of the harvesting area but does not grant exclusive rights to the seaweed resource in the area.

A.2.4 As noted above, collection or foraging of small quantitates of seaweed for personal use does not require a licence, although CES recommend that the environmental sensitivities of collection from the wild are considered appropriately.

A.2.5 Of further relevance to wild seaweed harvesting, the Scottish Crown Estate Act, passed by the Scottish Parliament on 21 November 2018 (and which passed into law on 15 January 2019), includes a provision in Section 15 which will prevent the granting of rights (from CES) to remove wild kelp^[42] from the seabed (bed and subsoil of the sea within the Scottish marine areas) if either subsection (2) or (3) applies:

(2) This subsection applies if—

• o (a) removal of the kelp would inhibit the regrowth of the individual plant, and
• o (b) the kelp removed is intended for commercial use.

(3) This subsection applies if—

• o (a) removal of the wild kelp is a licensable marine activity, and
• o (b) the Scottish Ministers have not granted a marine licence for that removal.

A.2.6 As such, this Act prevents the wild harvest of seaweed using any method which removes the whole kelp plant, such as those using toothed sledges, except in relation to the removal of kelp species for maintenance or other public interest reasons (e.g. removal of seaweed which has accumulated near cooling vents for power stations).

Requirement for a marine licence for wild harvesting of seaweed

A.2.7 Under the Marine (Scotland) Act 2010, Scottish Ministers are responsible for the marine licensing system and enforcement in the Scottish inshore region from 0-12 nautical miles (NM). The licensing regime allows regulation of the deposit and removal of substances and objects in the seas around Scotland and activities must take place in accordance with licence conditions.

A.2.8 Under Section 21 of the Marine (Scotland) Act 2020 the following is considered to be a licensable activity:

A.2.9 "To use a vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed within the Scottish marine area".

A.2.10 The implication for harvesting of wild seaweed is that the requirement to obtain a marine licence under the Marine (Scotland Act) 2010 is based on the method of harvest and not the volume taken. For example, neither gathering or harvesting seaweed by hand nor mechanical harvesting using specialised vessels or modified boats to cut floating seaweed stalks above the seabed are considered to be a licensable marine activity under the Marine (Scotland) Act 2010. This is because the seaweed (considered as 'a substance' within the context of the Marine Scotland Act 2010) is not being removed directly from the seabed^[43]. In contrast, mechanical harvesting of seaweed using a method which removes the entire marine plant including the holdfast from the seabed (for example via by trawl, sledge or dredge), is considered a licensable marine activity under the Marine (Scotland) Act 2010.

A.3 Cultivation of seaweed

A.3.1 A number of consents are required to allow the establishment of an aquaculture installation for the cultivation of seaweed in the marine environment. The consenting process for marine aquaculture in Scotland, including the cultivation of seaweed, has been described in detail in Nimmo et al (2016) and SARF (2019). A summary of the consents required for seaweed cultivation is provided below based on these sources (for further detail readers are directed to these reviews).

• A marine licence under the Marine (Scotland) Act 2010 within 12 NM (or under the Marine and Coastal Access Act 2009 between 12-200 NM if offshore aquaculture develops in the future);
• A seabed lease from Crown Estate Scotland under the Scottish Crown Estate Act 2019; and
• A works licence under the Zetland County Council Act 1974 in Shetland only.

A.4 References

Nimmo, F, McLaren, K, Miller, J and Cappell, R. 2016. Independent Review of the Consenting Regime for Scottish Aquaculture.

SARF 2019. Feasibility of a single marine licence development consent for aquaculture in Scotland. A report by ABPmer and Poseidon Aquatic Resource Management Ltd for the Scottish Aquaculture Research Forum (SARF). March 2019.

Scottish Government Seaweed Review Steering Group 2020. Seaweed regulatory and legislative framework. Available online at: https://www.gov.scot/publications/seaweed -review-steering-group-seaweed-regulatory-and-legislative-framework/ [accessed 13th July 2021].