Biggart Baillie Solicitors

Scottish Aquaculture Consultation - In Brief

Thursday, September 04, 2008

by Martin Sales

The Consultation on a Renewed Strategic Framework for Scottish Aquaculture closed on 05 November 2008.  A Report on the Consultation process is expected early in 2009. 

The strategic framework for Scottish aquaculture is to be renewed in order to keep pace with developments that have occurred since its introduction in 2003.  Accordingly, the Scottish Government has issued a Consultation Document on a Renewed Strategic Framework for Scottish Aquaculture to which responses are invited before 05 November 2008.

If you have any queries on the Consultation, including any assistance required in framing a Consultation response, or if you have a query relating to the current regime, please contact Martin Sales for an initial discussion and indication of whether legal advice might be appropriate for you (msales@biggartbaillie.co.uk, 0131 226 5541). 

In brief

The Renewed Framework has five key themes (as outlined below):

1. Planning, Consents and Sites;
2. Health;
3. Containment;
4. Finance; and
5. Markets, Marketing and Image.

Delivery

The Ministerial Working Group on Aquaculture (MWGA) will be given an over-arching role which will be carried out within the following, non-exhaustive legislative and policy context:

• The Scottish Marine Bill 
• The Aquacultures and Fisheries (Scotland) Act 2007;
• EU Aquatic Animal Health Directive;
• Scottish Planning Policy (SPP) 22: Planning for Fish Farming;
• River Basin Management Planning; and
• Biodiversity initiatives.

Proposals for the MWGA’s activities include meeting every six months with each meeting comprised of three elements:

• Reviewing and reporting on progress;
• Discussing “current issues”; and
• Agreeing or re-prioritising actions for the next six months.

New membership criteria and remit of the MWGA will be drafted and a broader Aquaculture Forum will be established once Consultation responses have been assessed.  A means of measuring progress achieved in the key themes will also be developed and implemented.

Key Themes

Planning, Consents And Sites

Issues arising under this heading include:

• A “perceived” lack of available sites;
• Undeveloped/inactive Crown Estate leases; and
• Assimilating measures to be introduced by the Scottish Marine Bill.

Health

Issues arising under this heading include:

• Sea-lice control strategies;
• Waste management (i.e. disposal of dead fish);
• Healthy hatcheries; and
• Disease control.

Containment

Issues arising under this heading include:

• Reporting escapes from fish farms;
• Source(s) of escapes
• Compliance with the relevant sections of The Aquaculture and Fisheries (Scotland) Act 2007

Finance

Issues arising under this heading include:

• Private Sector funding;
• Public Sector funding; and
• Support for innovation and new technology.

Markets, Marketing and Image

Issues arising under this heading include:

• Diversification;
• Feed sustainability; and
• Industry structure.