Chamber and committees

Improving fish health, reducing mortality to lowest possible levels, and ensuring satisfactory measures are in place for the prevention, control or reduction of sea lice is the responsibility of aquaculture production businesses. The Fish Health Inspectorate’s main objective is to prevent the introduction and spread of listed and emerging fish and shellfish diseases in Scotland. This is achieved by statutory inspection and sampling programmes, providing advice and implementing regulatory functions in accordance with the relevant animal health regulations. Details of strengthened regulation of sea lice on fish farms introduced by the Scottish Government’s Marine Directorate is provided in the response to S6W-24417 on‎ 22 January 2024.

Furthermore, over the time period the Scottish Government has also taken a collaborative approach to working with the sector, regulators, fish vets and innovation centres to better understand and address key health and welfare issues.

The Scottish Environment Protection Agency (SEPA) does not have responsibility for the regulation of fish health. In October 2021 the Scottish Government identified SEPA as the lead body responsible for managing the risk to wild salmonids from sea lice from marine finfish farms. SEPA has subsequently developed a risk based framework for regulating sea lice emissions from fish farms which will be implemented from 1 February 2024.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

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%.

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 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.

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.

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.

Whilst we do not currently have plans to introduce a single accreditation scheme for salmon farming in Scotland, we take into account accreditation schemes when considering regulatory change. The Scottish Government recognises the role accreditation plays in driving innovation and improved practice, as well as providing retailers and consumers with confidence.

The Advisory Panel has served as a forum for interested parties to share their thoughts on, and priorities for, the refinement and improvement of the regulatory framework for marine finfish farms that the Scottish Environment Protection Agency (SEPA) implemented in June 2019.

The associated agenda, minutes and terms of reference for the Finfish Aquaculture Advisory Panel can be accessed on SEPA’s website at: Finfish Aquaculture Advisory Panel | Scottish Environment Protection Agency (SEPA) .

I do not recognise this characterisation of the relationship among the parties with an interest in aquaculture and it is an unhelpful misrepresentation of the many ways in which key partners, including government, interact. However, there are always ways in which governments should consider generally how to improve, augment and embed constructive relationships. Accordingly, in June 2022 I established and chair the Scottish Aquaculture Council. The Council has met on four occasions to date and brings together senior representation from the aquaculture sector, wider government, regulators and other key organisations with a remit to collaborate and advise Scottish Ministers in helping deliver the Government’s aspirations for the sector.

This forum is enabling constructive discussions around key developments. Advice provided by the Council has already helped inform the development of the content and approach of our Vision for Sustainable Aquaculture. The Consenting Task Group is enabling finfish sector, regulators and other stakeholders to work together, resulting in a pilot proposal for a new pre-application fish farm consenting process.

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)