Chamber and committees

Planning authorities are responsible for determining applications for planning permission for siting of fish farms in fresh water.

The Scottish Environmental Protection Agency is responsible for regulating discharges from fresh water fish farm sites.

The Fisheries Research Services, Fish Health Inspectorate are responsible for monitoring the health of fish.

The Code of Good Practice for Scottish Finfish Aquaculture recommends that all pen sites should have a written fallowing plan and that site facilities, pens etc should be cleaned before restocking.

The Aquaculture and Fisheries (Scotland) Act came into force in August 2007. The act allows inspection of fin fish farms to assess whether satisfactory measures are in place to control parasites (sea lice) and to contain farmed fish and prevent escapes. Necessary secondary legislation, the Fish Farming Businesses (Record Keeping) (Scotland) Order was laid at Scottish Parliament in October 2008 and came into force on 10 November 2008. Risk-based inspections and audits, conducted by Fisheries Research Services (FRS), commenced in late November to establish whether satisfactory measures are in place to contain fish, prevent escapes and control sea lice. This new regime is in its infancy and needs time to become established. We have no plans to publish fish-farm specific sea lice data.

The Atlantic salmon (Salmo salar) is the only salmonid species listed on Annex II of the EC Habitats Directive (species for which SACs are required to be designated) which is native to Scotland. Scottish Natural Heritage (SNH) undertakes a rolling programme of Site Condition Monitoring (SCM) for all Special Areas of Conservation (SACs) in accordance with common standards agreed with other UK countryside agencies and the Joint Nature Conservation Committee.

SNH advises that its condition assessment of Atlantic salmon SACs is based on data from a variety of sources including the Scottish Fisheries Co-ordination Centre and the Scottish Environment Protection Agency. SNH also commissions further data collection from other parties where necessary.

Anyone who observes signs of any notifiable disease in wild salmonid stocks should contact the Fisheries Research Services in Aberdeen who will conduct an investigation.

Special Areas of Conservation (SACs) are designated under the provisions of the EC Habitats Directive. Salmo trutta (whether in its migratory or non-migratory forms) is not included in the list of species for which member states are required to designate SACs.

Scottish Aquaculture: A Fresh Start, the consultation on the renewed strategic framework for Scottish aquaculture, sought views on the Scottish Government''s approach to planning, consents and sites for aquaculture. It pointed out that new or modified finfish developments are subject to Environmental Impact Assessment Regulations. On expiry of leases existing marine farms will be subject to an audit or review process to ensure that requirements of European Directives are not compromised.

The consultation on Scottish Aquaculture: A Fresh Start is now closed, the renewed strategic framework will be published in the spring.

The industry''s own Code of Good Practice for Scottish Finfish Aquaculture contains recommendations on the siting of fish farms. In addition, the Environmental Impact Assessment Practical Guidelines Toolkit for Marine Fish Farming contains at Annex G guidance on potential impacts arising from marine fish farming and their assessment, and Scottish Planning Policy 22 provides guidance on particular factors to be taken into account when considering proposals for siting of fish farms.

I refer the member to the answer to question S3W-19804 on 28 January 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

The proposed collaboration with HMRC/the UK Border Agency to tackle illicit sales of tobacco forms part of the comprehensive programme of measures contained in the Smoking Prevention Action Plan Scotland''s Future is Smoke-free which was launched in May 2008. As set out in the Action Plan, specific measures relating to illicit sales of tobacco will be included in the proposed scheme to secure more rigorous enforcement of tobacco sales law which is being developed in partnership with the Convention of Scottish Local Authorities and the Society of Chief Officers of Trading Standards in Scotland. Discussions which have taken place with HMRC/the UK Border Agency in this respect have been extremely constructive and details of the specific agreements reached will be announced shortly as part of the launch of the proposed Enhanced Tobacco Sales Enforcement Programme.

A full and rigorous regulatory impact assessment (RIA) is being undertaken to assess the economic impact of legislative proposals set out in Scotland''s Future is Smoke-free, including proposals to further restrict the display of tobacco products. Retailing interests have had full opportunity to feed into the RIA and the Scottish Government will continue to engage with retailers to ensure that the impact on business is kept to a minimum. The RIA will be published alongside the forthcoming Health (Scotland) Bill. http://www.scotland.gov.uk/Publications/2008/05/19144342/0/.