Environmental Assessment (Scotland) Act 2005 Aquaculture and Fisheries Bill Consultation Document Environmental Report February 2012

3.0 APPROACH TO THE ASSESSMENT

Background

3.1 Much thought has been given to the time at which it would be appropriate to undertake SEA of the Bill. It was decided to undertake SEA at the Bill consultation stage, to ensure early and effective engagement with members of the public and the Consultation Authorities. It is also at this stage that amendments (arising from responses to the Environmental Report and/or the Bill consultation document) to the provisions proposed for inclusion in the Bill could be made most easily. This reflects the approach taken to the SEA of the Scottish Marine Bill in 2008.

Scope of the Bill Consultation Document to be Assessed

3.2 The provisions proposed for inclusion in the Bill were reviewed as part of the screening and scoping stage of the SEA to ascertain whether they would be likely to give rise to significant environmental effects as a result of changes to the existing management regime. The results are set out in Table 2.

3.3 Provisions with the potential for significant environmental effects include powers for Scottish Ministers:

• regarding Farm Management Agreements;
• to require provision of site-specific sea-lice data, and data on fish mortality, movements, disease, treatment and production;
• to require SEPA to reduce on a temporary or permanent basis the limit on biomass in the site licence;
• to provide for additional controls on discharges from wellboats;
• to regulate discharges from farmed fish processing plants;
• to regulate seaweed cultivation;
• to require measures to manage sea-lice under certain conditions;
• to require finfish farms to use equipment that will improve containment; and
• to require particular management and salmon conservation measures, and the provision of comprehensive effort (catch) data.

3.4 These provisions have been scoped into the assessment, apart from those relating to seaweed cultivation. As noted in the Bill consultation document, Marine Scotland is progressing a SEA to identify the potential environmental effects of seaweed cultivation and inform the preparation of a sector-specific framework. Any further consideration of seaweed cultivation will be deferred to that SEA, rather than undertaking it as part of the SEA of the Bill consultation document.

3.5 The provision of sea-lice data was not considered in the screening and scoping report to have the potential for significant environmental effects. However, this provision has now been scoped into the assessment because of the importance of sea-lice counts in identifying treatment efficacy and/or failure.

3.6 The other provisions included in the Bill consultation document, not identified in Paragraph 3.3, have been scoped out of the assessment (as indicated in Table 2).

Table 2: Scope of the Bill Consultation Document to be Assessed

Proposed Provision	Environmental Effect?	In/Out
Sustainable Development of Aquaculture
legal duty for all finfish farm operators to enter into a Farm Management Agreement ( FMAg) dispute resolution process: powers to arbitrate industry to determine boundaries of FMAg Scottish Ministers to have fallback powers to specify Farm Management Agreement boundaries in particular circumstances	Yes. Taken together, these measures would make FMA practices mandatory, 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 coordination of management practices, sharing of information and appropriate delineation of boundaries. A key outcome would be the improved control of sea-lice and pathogens, thereby reducing the risk of unacceptable sea-lice burdens and the spread of disease (with a consequent reduction in the use of therapeutants). This would benefit wild salmonid populations.	In
Powers to revoke consents	No. At present environmental capacity models assume that all consents are being used, even when they are not. Unused consents may be revoked and re-issued, and sites brought into production. This would not be a significant change from the existing theoretical position, and therefore no environmental effects are anticipated.	Out
Requirements to collect and publish site-specific sea-lice data	Yes. This 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.	In
Provision of data on fish mortality, movements, etc
Powers to reduce biomass consent	Yes. These are intended to link licensed biomass for a site with the required volume of therapeutant, to manage sea-lice and pathogens. Improved control would benefit wild salmonid populations as well as farmed fish.	In
Wellboats: Powers to place additional controls on discharges from wellboats	Yes. These are intended to control the discharge of sea-lice and pathogens, which would benefit wild salmonid populations as well as farmed fish.	In
Wellboats: satellite and remote monitoring of wellboat activity	These are not considered to give rise to environmental effects. The collection of this data is intended to inform risk-based compliance monitoring.	Out
Powers to place controls on discharges from plants processing farmed fish	Yes. These are intended to control the discharge of sea-lice and pathogens, which would benefit wild salmonid populations as well as farmed fish.	In
Regulate seaweed cultivation through marine licensing arrangements	Yes. The potential environmental effects of seaweed cultivation will be explored through the SEA undertaken to inform the proposed sector framework, so will not be progressed here.	Out
Powers to control commercially damaging native species	No. A 'commercially damaging native 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. Disposal of controlled species will be via marine licensing, which will control any negative environmental effects potentially arising from disposal.	Out
Protection of Shellfish Growing Areas
Powers to protect shellfish growing waters	No. This measure is proposed to enable continued protection once the Shellfish Waters Directive ( SWD) is repealed and no change from the existing regulatory framework is anticipated. In consequence, no environmental effects are anticipated.	Out
Fish Farming and Wild Salmonid Interactions
Powers to prescribe lower sea-lice thresholds above which measures need to be taken.	Yes. The sea-lice management regime and treatment triggers are included in the "Code of Good Practice for Scottish Finfish Aquaculture". In some circumstances this management regime may be insufficient; this intervention is intended to target necessary responses to particular circumstances, thereby reducing the risk of unacceptable sea-lice burdens. In consequence, it should have benefits for wild salmonids as well as for farmed fish.	In
Powers to require finfish farms to use equipment that conforms to a Scottish Technical Standard	Yes. Improvement in containment is intended to reduce escapes, thereby reducing the risk of competition, displacement and inter-breeding, with benefits for wild salmonid populations.	In
Powers to take samples of fish from fish farms for tracing purposes	No. This is procedural, to allow the collection of information in support of enforcement. In consequence, no environmental effects are anticipated.	Out
Salmon and Freshwater Fisheries Management
Introduction of a duty on District Salmon Fishery 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.	Out
Powers to give statutory backing to a sector-developed Code of Practice
Powers 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.	Out
Powers to take or require wild fish and/or samples
Powers to change Salmon District Annual Close Time Orders; to promote combined salmon conservation measures; to attach conditions to statutory conservation measures; and to require provision of comprehensive effort (catch) data on rod fisheries	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 salmon.	In
Powers for statutory mediation and dispute resolution	No. This is procedural. Providing powers to mediate will not result in environmental effects.	Out
Powers to require 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 anticipated.	Out
Powers to recall, restrict or exclude the jurisdiction of District Salmon Fishery Boards to license the introduction of salmonids in their District	Yes. These are intended to control introductions and further protect biodiversity, in particular reducing the risk of competition, displacement and inter-breeding, with consequent benefits for wild salmon.	In
Modernising Enforcement Provisions / Changes to Sea Fisheries Legislation
Application of strict liability criteria to certain offences	No. This is a procedural change to the existing enforcement regime and will not result in environmental effects.	Out
Powers to extend the use of fixed financial penalties as alternatives to prosecution
Changes to Sea Fisheries Legislation
amend section 30(1) of the Fisheries Act 1981; provide specific powers to detain vessels; provide specific powers to dispose of property; power to inspect objects in the marine environment; and amend Section 1 of the Sea Fisheries (Shellfish) Act 1967 to apply that Act to all shellfish.	No. These are procedural changes, e.g. to the existing enforcement regime, and will not result in environmental effects.	Out
Paying for Progress
Powers to make provision for charging for services/benefits arising from public sector services	No. This is a procedural change to the existing charging regime and will not result in environmental effects.	Out

Scope of the Environmental Topics to be Assessed

3.7 The provisions proposed in the Bill Consultation Document have been reviewed against the environmental issues identified in Schedule 3 of the Environmental Assessment (Scotland) Act 2005. Table 3 sets out the resulting scope of the environmental topics that have been addressed in the SEA.

3.8 The proposed provisions that have been scoped into the assessment would result in:

• the improved control of sea-lice and pathogens;
• improved containment of caged fish and fewer escapes; and
• improved wild salmon and freshwater fisheries management.

These are all considered to have potential benefits for wild salmonid populations, specifically Atlantic salmon and sea trout. In consequence, biodiversity has been scoped into the assessment, with the agreement of SNH. The focus is on biodiversity and fauna; flora has not been scoped in, as no benefits for flora have been identified as resulting from the proposed provisions.

3.9 The proposed provisions' focus on the control of sea-lice and pathogens, while benefiting biodiversity, is not considered to have similar benefits for water quality and/or ecological status, in consequence, this topic has been scoped out of the assessment with the agreement of SEPA.

3.10 Atlantic salmon have played a significant role in Scottish culture for centuries, as is demonstrated by the images of salmon found in Pictish carvings (300-900 AD ^[2] . Atlantic salmon have also been an important part of export trade over the past few centuries and of local communities and their economies, particularly on Scotland's west coast. The continued sustainability of Atlantic salmon and sea trout is likely to have positive effects on cultural heritage. However, inclusion of this topic is not likely to contribute in a meaningful way to this assessment and we have therefore scoped it out, with the agreement of Historic Scotland.

Environmental Protection Objectives

3.11 The Environmental Assessment (Scotland) Act 2005 requires that the SEA should identify the environmental protection objectives (established at international, European, UK and Scottish levels) relevant to the Bill Consultation Document. The current environmental legislation and policy framework has been reviewed and details of the environmental protection objectives are provided in Appendix 2.

3.12 The principles underlying these environmental protection objectives have been incorporated into the SEA objectives shown in Table 4. These SEA objectives are based on two of the eleven Good Environmental Status descriptors included in the Marine Strategy Framework Directive. This approach was agreed with the Consultation Authorities.

Table 3. Scope of Environmental Topics to be Assessed

Environmental Topic	Provision	Potential Effect?	Scoped In/Out
Biodiversity, flora and fauna	Farm Management Agreements etc	Improved management leading to improved sea-lice and pathogen control Benefits for wild salmonid populations	In
	Data: site-specific sea-lice data; mortality etc	Improved identification of treatment/efficacy failures allowing early introduction of mitigation/remediation measures Improved sea-lice and pathogen control Benefits for wild salmonid populations	In
	Reduce biomass consents	Linkage of biomass and therapeutant treatments Improved sea-lice and pathogen control Benefits for wild salmonid populations	In
	Controls on wellboat discharges	Improved sea-lice and pathogen control Benefits for wild salmonid populations	In
	Controls on farmed fish processing plant discharges	Improved sea-lice and pathogen control Benefits for wild salmonid populations	In
	Powers for sea-lice treatment measures	Improved sea-lice and pathogen control Benefits for wild salmonid populations	In
	Powers re farm equipment and technical standards	Improved controls to prevent farmed fish escapes Reduction in risk of competition and inter-breeding with wild salmonids	In
	Powers re Annual Close Time Orders, combined salmon conservation measures, conditions, and comprehensive effort data collection	Improved management of wild fisheries in general and stocks in particular Benefits for wild salmon	In
	Powers re fish introductions	Improved management of fish introductions Reduction in risk of competition, displacement and inter-breeding with wild salmonid populations	In
Population and human health	None	None identified	Out
Climatic factors	None	None identified	Out
Air quality	None	None identified	Out
Soil, geology and coastal processes	None	None identified	Out
Water quality / ecological status	None	None identified	Out
Cultural heritage	None	None identified	Out
Landscape	None	None identified	Out
Material assets	None	None identified	Out

Methods

3.13 The proposed provisions that have been scoped into the assessment have been assessed against the SEA objectives set out in Table 4. The results are set out in Sections 5-13, and are summarised in Section 14.

3.14 Given the nature of the proposals, this SEA has been undertaken as a high-level assessment. Where appropriate, spatial information has been used to inform the environmental baseline information, e.g. the location of Special Areas of Conservation.

3.15 Cumulative and synergistic effects have been considered in terms of those arising from finfish farms, wellboats and farmed fish processing plants on wild salmonids. This has been undertaken as a high-level assessment.

Reasonable Alternatives

3.16 The proposed provisions contained in the Bill Consultation Document have been suggested as a means of resolving issues in the aquaculture and freshwater fisheries sectors. Given the high-level nature of these proposed provisions, Marine Scotland has not identified alternative means of resolving these issues. Accordingly, it is our view that the reasonable alternatives to the proposed provisions would be to have no powers, which effectively means continuing the status quo. As a way of assessing the reasonable alternatives, the assessment has therefore focused on the implications for the environment of continuing the status quo, with a particular focus on the effects on wild salmonid populations.

Table 4. SEA Objectives

SEA Objectives	Proposed Provision	Proposed Provision	Proposed Provision
Biodiversity and Fauna [3]
1 - Biological diversity is maintained. The quality and occurrence of habitats and the distribution and abundance of species are in line with prevailing physiographic, geographic and climatic conditions.
4 - All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity and levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity.