Chamber and committees

The Scottish Government has no plans to review the Scottish Environment Protection Agency’s (SEPA) enforcement powers in relation to aquaculture.

SEPA already has a number of options in its enforcement toolkit, ranging from informal advice and guidance to the use of formal enforcement measures including final warning letters, statutory notices, monetary penalties, and reports to the Procurator Fiscal recommending prosecution.

For the purpose of environmental protection, SEPA places licence conditions on marine fish farm operators and SEPA’s enforcement action is designed to secure compliance using the most appropriate and effective method. Decisions on enforcement are taken in line with its publicly available Enforcement Policy and guidance on the use of enforcement action. The form of enforcement action (which may be used alone or in combination with other approaches) will differ depending on the nature of the non-compliance, the harm caused and the history of the responsible person in question. SEPA also considers what immediate action is needed for the protection of the environment.

Any instance of non-compliance is concerning. SEPA’s new Environmental Performance Assessment Scheme (EPAS) will provide a common standard to rate the environmental performance of SEPA-authorised operators and drive improvements in compliance.

SEPA will publish EPAS ratings when its new digital systems are in place which is anticipated to be during 2027.

Data about previous convictions of individuals who have been convicted of wildlife crime is detailed in the most recent Wildlife Crime in Scotland publication which can be found here: https://www.gov.scot/publications/wildlife-crime-in-scotland-2024/. Although the Scottish Government does not specifically undertake evaluation on the reoffending rates for those who receive an alternative to prosecution for wildlife crime offences, it does publish data on reoffending rates more broadly, which can be found here:https://www.gov.scot/publications/reconviction-rates-in-scotland-2021-22-offender-cohort/.

There are significantly fewer fresh water salmon production sites compared to marine sites, and associated available datasets on fresh water mortality are less extensive with higher variation within the data. Therefore, different analytical approaches are required for fresh water sites, and they could not be included in the original analysis of persistent elevated mortality on Scottish salmon farms. The Scottish Government prioritised marine sites for analysis as there are many more marine sites.

There are no immediate plans to extend this analytical work to include fresh water sites. The Fish Health Inspectorate (FHI) is made aware of all mortality events where mortality exceeds specified thresholds, as a result of a voluntary reporting mechanism which is in place. This includes fresh water sites; the FHI investigates mortality events as they occur.

Aquaculture Production Business(APBs)may notify the Fish Health Inspectorate(FHI)of any corrections to sea lice counts which can legitimately occur and information in the public domain states that the publicly available sea lice count record may be subject to change.

The Scottish Government takes the welfare of farmed fish seriously and expects all aquaculture operators to comply with animal welfare legislation and industry standards. Where welfare concerns are raised, the Animal and Plant Health Agency (APHA) are responsible for investigating potential breaches of welfare law and, where appropriate, will take enforcement action using the range of powers available to it.

The Scottish Government provides funding for training APHA veterinarians on farmed fish welfare, and we have full confidence that they have the skill and expertise to carry out inspections. Arrangements for routine welfare inspections of Scottish fish farms by APHA have been strengthened and will result in an increased number of inspections undertaken each year.

The Scottish Government does not intend to require proactive publication of outcomes of individual welfare investigations. Any changes to existing reporting practices would require careful consideration to ensure consistency across sectors and to avoid prejudicing investigative functions.

Since 7 March 2026, all relevant pelagic vessels wishing to operate in Scottish waters have been required to carry and operate a fully validated REM system onboard. All applicable pelagic vessels in Scottish waters, regardless of national origin, are required to adhere to the REM requirements as set out in the Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 (https://www.legislation.gov.uk/ssi/2024/165/body/made).

The introduction of the remote electronic monitoring (REM) measures reinforces our commitment to ensure that fishing remains accountable and sustainable. Throughout the development and implementation of the REM legislation and technical specifications the Scottish Government engaged with other fisheries administrations to share learning and promote areas of future alignment on REM. Decisions on whether or not to make REM mandatory on board fishing vessels is a matter for individual authorities.

The remote electronic monitoring (REM) requirements for pelagic vessels came into force on 7 March 2026. All applicable pelagic vessels in Scottish waters, regardless of national origin, are required to adhere to the REM requirements as set out in the Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 (https://www.legislation.gov.uk/ssi/2024/165/body/made).

Relevant pelagic vessels (including EU-flagged freezer trawlers) were not required to be compliant with the REM legislation prior to 7 March. Any vessel that has yet to have its REM system installed and validated will not be in breach of the REM requirements unless they plan to fish.

Any relevant pelagic vessel that does intend to fish in Scottish waters must now carry and operate a fully validated REM system onboard. For Scottish registered vessels, this obligation applies wherever they operate.

Wildlife Crime is unacceptable and the Scottish Government has taken numerous actions to tackle wildlife crime in recent years. This includes increasing the penalties for the most serious offences and increasing powers for Scottish SPCA inspectors under the Wildlife Management and Muirburn (Scotland) Acy 2024 to search for, examine, and seize evidence of relevant offences whilst on non-domestic property when attending that property under their existing powers.

We are supporting Police Scotland by continuing to fund the full time Scottish Wildlife Crime Investigative Support Officer role within the National Wildlife Crime Unit for 2026-27. This is a crucial role that supports law enforcement investigations across Scotland. The Investigative Support Officer provides Police Officers with specialist advice and guidance as well as hands on practical support with investigations and searches.

Ultimately, prosecutorial decision-making in individual cases is a matter for the Crown Office Procurator Fiscal Service, who are operationally independent of the Scottish Ministers.

The Permanent Secretary has responsibility for the operational running of the Scottish Government, including workforce-related policies such as hybrid working.

As the hybrid working policy is an internal operational matter and does not alter staff contractual terms and conditions, a formal Islands Communities Impact Assessment was not required. However, we continue to monitor the policy in practice, including any impacts on colleagues across Scotland.

Work to clarify a location policy for Scottish Government core staff will consider a range of relevant factors and benefit from consultation with trade unions and engagement with staff and diversity networks across the organisation. Until the location policy has been reviewed, interim arrangements are in place for people who live distant from their contractual work location.

I would encourage the member to direct any further questions on this matter to the Permanent Secretary.

The Permanent Secretary to the Scottish Government has responsibility for the operational running of the organisation, including the workforce related hybrid working policy.

The new National Islands Plan prioritises retaining and attracting population, and while it has no specific commitment on public-sector job locations, it underlines the value of local employment. The Scottish Government also maintains a significant rural and island estate, including Marine Scotland and the Rural Payments and Inspections Division (RPID) offices.

Work to clarify a location policy for Scottish Government core staff will consider a range of relevant factors and benefit from consultation with trade unions and engagement with staff and diversity networks across the organisation. Until the location policy has been reviewed, interim arrangements are in place for people who live distant from their contractual work location.