Improved Systems for Licensing Aquaculture Development Working Group

Phil Thomas

‘Scottish Aquaculture Strategy: A Fresh Start’

Strategic themes and Working Groups: Improved access to finance Better marketing and improved image Improved containment Shellfish Forum Healthier fish and shellfish Improved systems for licensing

aquaculture developments (ISLAD)

ISLAD Working Group

Remit: To develop and manage an action plan to secure delivery of the outcomes set out in Table (L) of new Strategic Framework for Scottish Aquaculture.

Desired outcome: Development of the right sites in the right places through transparent, streamlined and proportionate regulation and processes to minimise adverse impacts on other users of the marine and fresh water environment.

Membership: Chair; Marine Scotland; Local Authority; SEPA; SNH; Crown Estate; ASFB; Industry (Salmon; Trout; Shellfish).

Meetings: 25/9/09; 27/11/09; 5/2/10; 24/3/10; 4/5/10; 1/7/10

Context The aquaculture planning/licensing involves a multi-regulation

framework of approval and consultation, involving Local Authorities; SEPA; SNH; Marine Scotland and DSFB.

The planning/licensing system hampers Scottish aquaculture development and related economic growth.

Whilst the Marine Bill (Scotland) will introduce a new regional Marine Planning system, planning development and licensing will remain unchanged.

The Norton House meeting led to the ‘Delivering Planning Reform for Aquaculture’ (DPRFA) initiative.

ISLAD and DPRFA

Work on aquaculture planning has been taken forward under these two related strands: Delivering Planning Reform

for Aquaculture (Aquaculture Planning Task Force: Chair - Keith Bray)

ISLAD Working Group of the New Strategic Framework: (Chair – Phil Thomas)

ISLAD Strategic Issues

Strategic Issues Outcome

Improved availability of sites (AS)

Aquaculture plans in context of marine plans and river basins plans indicating sites for development. (Priority A)

Large numbers of undeveloped leases (LD)

Maximise the use of available sites. Develop alternatives to firebreak sites. (Priority A)

Fitness of purpose of locational guidelines (LG)

Clear guidance on environmental quality, disease control and landscape resolving issues of unused consents. (Priority B)

Simplification of procedures and links with Marine Bill and Marine Scotland (SP)

Clear indication of how freshwater and marine aquaculture will be dealt with including maximising opportunities for linkage with other marine industries. (Priority A/C)

Impact of aquaculture on other users (IOU)

Impact on wild fisheries, biodiversity and wider environment minimised through planning and licensing (Priority A/C)

ISLAD Workstreams

ISLAD Workstreams Strategic Issues

AS LD LG SP IOU

Delivering Planning Reform * * * *Improved Availability of Sites *Lease Development *Locational Guidelines *Simplified Systems *Other Users *

Workstream: Delivering Planning Reform

Under ‘Delivering Planning Reform for Aquaculture’ work has been planned against a framework of 28 main /subsidiary outputs, on a phased timetable.

Present position:

12 outputs (43%) achieved;

11 outputs (39%) are work in progress;

5 outputs (18%) are activities pending the completion of other work/events, but in line with original plan.

June 2010 milestones 15/21 = 70%

Overall – very real progress but with some challenges encountered and with further progress still to make.

Strategic Issue: Improved availability of sites. Desired outcome: Aquaculture plans in context of marine plans and river basins plans indicating sites for development.

Points: Local Authorities are systematically incorporating considerations of aquaculture development into Main Issues reports, local development plans and framework plans; statutory consultees are cooperating.

SSPO has appointed a Development Liaison Officer (DLO) to help companies engage with the development planning process.

Ongoing work is to improve aquaculture development case handling. Coordinated initiatives by Local Authorities, statutory agencies and industry to improve pre-consultation, application quality and application handling.

Ongoing work is to improve planning advice to applicants, to develop clear and proportional planning policies and enhance the knowledge and skills of planners, statutory agencies and industry so facilitating the planning process.

Strategic Issue: Large number of undeveloped leases. Desired outcome: Maximise the use of available sites and develop alternatives to firebreak sites.

Points: Whilst the ‘unused production volume’ implications of the Strategic Framework are only partly correct, there is a low rate of utilisation of approved sites, which acts as a barrier to further development.

Ongoing work is exploring ways in which sites may be differentially classified by the statutory agencies on the basis of their current activity status.

The industry DLO has begun working with companies to identify sites that could provide a prospect for future amalgamation and rationalisation.

Research on permitted development rights and ‘use-classes’ is ongoing and will report in July.

SEPA is examining the extension of AutoDepomod for use on sites above 2,500 tonnes biomass capacity.

Strategic Issue: Fitness of purpose of locational guidelines. Desired outcome: Clear guidance on environmental quality, disease control and landscape.

Points: In 2010 MSS introduced disease control and containment as part of its statutory planning development consultation.

In 2010/11MSS will review locational guidelines:review of sea loch nutrient model; update of nutrient model parameters; revised nutrient categorisation thresholds; review of benthic impacts in locational guidelines; work will be integrated with research on ‘sustainability Indicators

for marine aquaculture’.

By April 2011SNH will: revise its guidelines on aquaculture and landscape; produce indicative nature conservation sensitivity maps for aquaculture; coordinate two landscape capacity pilot studies.

Strategic Issue: Simplification of procedures and links with Marine Bill and Marine Scotland. Desired outcome: Clear indication of how freshwater and marine aquaculture will be dealt with including maximising opportunities for linkage with other marine industries

Points: Internal changes in operational management in MSS and the allocation of additional resources in SNH have been made. These measures should support the evolution of better systems.

The impact of the Marine Bill will be taken into consideration as its provisions are implemented.

The DPRFA ‘Working Arrangements’ document has underlined the complexity of the present system.

This relates to statutory licensing responsibilities, consultation responsibilities and the nature and detail of the consultation advice given.

Finalisation of the ‘Working Arrangements’ document will allow these issuesto be better explored.

AQUACULTURE CONSENTS

Consultees:(Non-statutory)Northern Lighthouse Board

Maritime & Coastguard Agency

Royal Yachting Association

SNHLocal Fishery Board

SFPA

Consultees:SEPASNH

SG – Transport DirectorateThe Crown Estate

Scottish Fisheries Protection AgencySG – Marine Directorate

Consultees:(Non-statutory)Local authority

Scottish WaterSNH

FRS

Environmental Impact

Assessment

(Finfish only)- To assess impact on

the environment

AA AA AA

Proposed in SMMO

Raised in Consultation

Not Proposed in SMMO

KEY

Consultees:(Statutory)

SG (incl FRS)

SEPASNH

Relevant District Salmon Fishery BoardScottish Water

Adjoining Planning Authority (where development could affect them)

CPA 1949

(Section 34) Consent

- To ensure no conflict with safe maritime passage

Scottish

Government -

Transport Directorate

Planning Permission- Related to

site & location

decisions on land &

sea

Local Authority

(or SG)

CAR

Licence- To control discharge of

effluent, waste & other chemicals

Scottish Environment

Protection Agency

FEPA (pt 2)

Licence- To regulate

discharges by vessels of

spent medicines outside 3

nautical miles

Fisheries

Research

Services

Fish Health Directive

Authorisation

(From October 2008)

- To ensure that the fish farm meets

certain standards

Seabed Lease

- To allow the fish

farm to be anchored to the seabed

or foreshore

The Crown Estate

Fish Farm

ApplicantAs required

Necessary

EIA – Environmental Impact Assessment

AA – Appropriate Assessment

Consultees:SNH

Consultees:(Statutory) SG (incl FRS)

SEPA

Adjoining Planning Authority (where development could affect them)

SNH

Scottish WaterRelevant District Salmon Fishery Board

Representation of Aquaculture Consent System

Type of Permission or Licence

AwardBody

Consultees Competent Authorities

Other Bodies

Planning Development

LA MSS (S)SEPA (S)SNH (S)

DSFB (S)Scottish Water (S)

CAR Licence - discharge of effluent

SEPA Local Authority MSS SNH

Scottish Water

FEPA Licence to - discharges from vessels

MSS MS (C)SEPA SNH SG Transport Directorate

The Crown Estate

Fish Farm Authorisation - Fish Health Regulations (2009)

MSS MS (C) SNH Maritime & Coastguard Agency

N LB RYA

Related RequirementsRequired

ActionConsultees

EIASNHMS DSFB Scottish Water

Appropriate Assessment

SNH

Appropriate Assessment

SNH

Strategic Issue: Impact of aquaculture on other users. Desired outcome: Impact on wild fisheries, biodiversity and wider environment minimised through planning and licensing

Points : Consideration was given to defining ‘other users’. Main identifiable ‘other users’ were groups with business or leisure interests related to the coastal marine areas.

Future work will focus on interactions with these groups: Boat owners and users; Energy and utility companies; Tourism businesses; Mixed stocked fisheries owners and users.

Synergistic interactions occur with: the food sector; engineering supply; manufacturing; product supply; logistics; and professional and technical services. These have been regarded as outside the scope of the present work.

The End