Chamber and committees

The Aquaculture and Fisheries (Scotland) Act 2007 requires Aquaculture Production Businesses to demonstrate that satisfactory measures are in place for the containment of fish, and the prevention of escape of fish. Current Scottish Government policy for demonstrating that satisfactory measures are in place are the requirements of the Code of Good Practice for Scottish Finfish Aquaculture and the requirements of The Fish Farming Businesses (Record Keeping) (Scotland) Order 2008.

Adherence to the Code of Good Practice is monitored and enforced through the Scottish Government Fish Health Inspectorate’s risk-based inspection regime. Where satisfactory measures are not in place, Scottish Ministers may serve an enforcement notice. Failure to comply with an enforcement notice may result in a fine.

The Scottish Government remains committed to working with the sector to reduce the risk of escapes from fish farms, including through the revision and publication of the Technical Standard for Scottish Finfish Aquaculture, and the introduction of penalties where escape events occur with the ultimate aim of redistributing this money to support wild salmonid conservation and research.

The Fish Farming Businesses (Reporting) (Scotland) Order 2020 places a legal requirement for aquaculture production businesses to report average sea lice numbers per fish per week to Scottish Ministers.

The Aquatic Animal Health (Scotland) Regulations 2009 place a legal obligation for increased mortality to be reported to Scottish Ministers or a veterinarian. This applies to unexplained mortality, and there is a voluntary agreement in place with aquaculture production businesses for any instances of mortality above specified thresholds to be reported to Scottish Ministers as part of wider aquatic animal health surveillance. This agreement is a requirement of the Code of Good Practice for Scottish Finfish Aquaculture.

Gill health is a term used to describe a category of conditions which have a detrimental impact on fish gills and is not a single disease. The Aquatic Animal Health (Scotland) Regulations 2009 place an obligation for the presence or suspected presence of listed diseases, some of which affect gill health, to notify to Scottish Ministers.

There is no obligation to report fish wellbeing which has no specific definition. The Fish Health Inspectorate will raise any concerns regarding fish welfare with the Animal and Plant Health Agency which is responsible for investigating potential breaches in welfare law.

As reflected in the Bute House Agreement, we remain committed to a programme of work to better protect wildlife and the environment, and ensure aquaculture in Scotland is sustainable, diverse, competitive and economically viable.

We have made significant progress on the recommendations of the 2017-18 Parliamentary Inquiries into Salmon Farming in Scotland. Last year I was pleased to provide an update to the Scottish Parliament: Salmon Farming in Scotland 3 May 2023 | Scottish Parliament Website.

Subsequently, in July 2023 we published the Scottish Government’s Vision for Sustainable Aquaculture which sets out our aspirations for the development of a sector, operating within environmental limits, and which recognises the considerable social and economic benefits it delivers.

A Consenting Task Group has been working to identify, pilot and review new measures to streamline the administration of the fish farm consenting processes, progressing key recommendations of the independent review of the regulatory framework for Scottish aquaculture.

In response to the Salmon Interactions Working Group report, the Scottish Government identified that the Scottish Environment Protection Agency (SEPA) would become the lead regulator responsible for managing sea lice and the interactions between wild and farmed fish. SEPA has developed and consulted on a new sea lice risk assessment framework that will be implemented from 1 February 2024.

The finfish farming sector operates under robust regulations covering environmental impact and fish health. The Scottish Government is committed to streamlining the aquaculture regulatory framework, whilst maintaining high standards, to ensure regulation is as efficient and effective as it can be. We are committed to a broad programme of work to support the sustainability of fish farming and improvements to its underpinning regulatory system, following the recommendations made in the independent review of the aquaculture regulatory process in Scotland , published by Professor Russel Griggs on 10 February 2022

I provided a written update to the Rural Affairs and Islands Committee on 3 May 2023 setting out the progress made to support the sustainability of fish farming, and its underpinning regulatory system, since the inquiry into salmon farming in Scotland. I subsequently updated the Rural Affairs and Islands Committee at their session on salmon farming on 10 May 2023.

I recognise that there is more to do. Following the independent review of the aquaculture regulatory process, I have worked with the Scottish Aquaculture Council to deliver a new Vision for Sustainable Aquaculture in Scotland, which sets out our ambitions for the sector to 2045. The Vision includes an overarching aim that aquaculture is underpinned by an effective and efficient regulatory framework informed by the best available science and evidence.

I have also established the Consenting Task Group, which has been working to identify, pilot and review new measures to streamline the administration of the fish farm consenting processes and progressing key recommendations of the review.

Information held by the Scottish Government on fish farm escapes is available on Scotland’s Aquaculture Website at: Scotland's Aquaculture | Home .

The Finfish Aquaculture Advisory Panel is chaired by the Scottish Environment Protection Agency (SEPA) and last met in May 2022. The recent focus of work of the parties involved in the panel has been on the development of the SEPA sea lice risk assessment framework and it will be for SEPA and the Panel members to determine when the Panel next meets.

An independent review of the current regulatory framework for Scottish aquaculture by Professor Griggs was published on 10 February 2022 and is available to view on the Scottish Government’s website: Aquaculture regulatory process: review - gov.scot (www.gov.scot)

The Scottish Government and its relevant agencies proactively consider the potential impacts of any introduction of, or changes to, regulatory controls in place to prevent damage to the marine environment. When a new regulatory control is being considered for the purpose of maintaining the environment, consultation is the standard approach applied by the relevant body prior to explore all potential impacts, including those relating to fish health. Recent examples include consultation by the Scottish Environment Protection Agency (SEPA) throughout its development of the forthcoming spatial framework for managing interactions between sea lice from marine fish farm developments and wild Atlantic salmon, SEPA published its response to its most recent consultation on 7 December 2023. In addition, the Scottish Government undertook consultation on the implementation of the new Environmental Quality Standard for Emamectin Benzoate. This consultation closed on 24 July 2023 and responses are being carefully considered.

Research into sea-lice infestation dynamics is an ongoing area of interest for the Scottish Government’s Marine Directorate. Most notably, in 2015 we initiated a ten-year programme of research to investigate any potential risk to wild salmon from sea lice in the Scottish coastal environment titled ‘The interactions and effects of sea lice on wild salmon’ (project number FW0050).

The Scottish Government is committed to exploring increasing the Scottish aquaculture sector’s adoption of new and innovative technologies which achieve both positive environmental and health and welfare outcomes, including the potential use of semi and closed containment systems, as stated in our Vision for Sustainable Aquaculture , published in July 2023.

In 2021 the Scottish Government, via the Marine Fund Scotland, awarded £2 million to a four-year project led by Bakkafrost Scotland (the then Scottish Salmon Company) to apply research and development as well as innovative husbandry to the rearing of larger salmon smolts in Recirculating Aquaculture Systems (RAS). This underlines our commitment to supporting innovation and also promoting advances in areas which will contribute to the sector’s sustainable growth. These and similar developments will create new rural jobs and benefit local and wider economies.

The Scottish Environment Protection Agency (SEPA) encourages new innovative techniques to reduce overall fish farm emissions through its application charging scheme. For example, where an operator shows the new site will reduce emissions by 80%+ then the application charges will be reduced by 50%.