Seòmar agus comataidhean

Under planning legislation a failure to comply with a condition of planning consent constitutes a breach of planning control. Monitoring compliance with conditions attached to planning permissions is a matter for the relevant planning authority.

Planning authorities have a range of enforcement powers, and a general discretion under planning legislation to take enforcement action against any breach of planning control if they consider such action to be in the public interest and proportionate to the scale of the breach, having regard to the provisions of the development plan and any other material considerations.

The Scottish Government has not conducted an assessment regarding discharge levels from Exhaust Gas Cleaning Systems (EGCS) in Scottish ports. Whilst statutory port authorities have individual powers to regulate vessel activities within their harbour limits, the responsibility for shipping emission regulations is reserved to the UK Government. The Maritime and Coastguard Agency is responsible for enforcing all shipping regulations in UK waters, to ensure vessels are meeting UK and international safety and environmental regulations.

As set out in the Bute House Agreement, and our response to the Salmon Interactions Working Group report, we are committed to improving the regulatory framework which applies to fish farm containment and escapes. We note calls in the Salmon Interactions Working Group report for escapes to be regulated by licence. We will consider this in forming our policy options, including how the Technical Standard for Scottish Finfish Aquaculture would fit within or alongside any enforcement regime. The publication and introduction of a new technical standard is our immediate priority.

In October 2021 we published our response to the Salmon Interactions Working Group (SIWG) report, and we are continuing to progress delivery of those commitments, which include action to minimise the escape of farmed fish to help protect Scotland’s wild salmonid populations.

Alongside our response to the report of the SIWG, the Marine Directorate published its first assessment of genetic introgression in wild salmon in 2021: A national assessment of the influence of farmed salmon escapes on the genetic integrity of wild Scottish Atlantic salmon populations | Marine Scotland Data Publications.

This was the first report as part of the National Introgression Programme for Scotland (NIPS) and based on sampling undertaken in 2018/2019. NIPS is an ongoing nationwide project that is researching the link between fish farm escapes and introgression in wild salmon populations.

In 2021 a second NIPS survey was conducted across the country with samples and data from this is currently being analysed. A further NIPS survey was also initiated in 2023 and sample collection is now underway. Analysis of the NIPS surveys from multiple sampling years will provide a picture of temporal changes in levels of introgression.

We remain 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 escapes occur with the ultimate aim of redistributing this money to support wild salmonid conservation and research.

NatureScot regularly reviews its approach to licensing to ensure that any licences that are issued are informed by the best information available, including taking into account any policy developments or legislative changes.

NatureScot issues licences that permit the use of lethal control of beavers only where it is necessary as a last resort. In addition, NatureScot have been proactively working with licence holders over the last 4 years to encourage a greater use of trapping and translocation wherever this is feasible. In their Beaver Management Report for 2022 NatureScot reported the proportion of beavers being removed by trapping as opposed to lethal control had increased from 28% in 2021 to 42% in 2022.

NatureScot have included the need for consideration of trapping in the Code of Practice that accompanies lethal control licences. Lethal control licences have a maximum period of two years and as a result of the most recent internal review of beaver licensing (undertaken in Spring 2023), licence holders are being asked to reapply for a new licence when their licence expires to ensure that licences are issued based on an up to date assessment of the three European Protected Species licensing tests.

NatureScot are able to license beaver management activities under the Conservation (Natural Habitats, &c.) Regulations 1994. However the legislation requires the same tests to be met for trapping (or taking) as for killing a protected species and does not require the use of trapping to be considered before a licence for lethal control is granted.

However, NatureScot recognise the hierarchy of impacts of control methods on populations and individual animals and as such have been proactively working with licence holders over the last four years to encourage the use of trapping and translocation wherever this is feasible. Trapping is carried out by NatureScot at no cost to the licence-holder. In their Beaver Management Report for 2022 NatureScot reported the proportion of beavers being removed by trapping as opposed to lethal control had increased from 28% in 2021 to 42% in 2022. The Code of Practice that accompanies lethal control licences also asks licence applicants to consider whether trapping would be a feasible means of control.

Information about the levels of introgression in rivers flowing into Loch Shin is contained in the first assessment of genetic introgression in wild salmon in 2021: A national assessment of the influence of farmed salmon escapes on the genetic integrity of wild Scottish Atlantic salmon populations | Marine Scotland Data Publications – see pages 26/27.

Rivers from the Kyle of Sutherland area were included in the National Introgression Programme for Scotland (NIPS) survey as additional targeted sites within the Shin system. No introgression was detected in rivers in the Kyle out with the Loch Shin system, but introgression was detected in 3 of the 7 sites in the Loch Shin system itself. These three sites were those closest to freshwater smolt rearing facilities. Sampling around Loch Shin was repeated in 2021 and further sampling is being undertaken in 2023 with survey sites within the Loch Shin system now included as an integral part of the NIPS survey.

The source of escaped fish in the Shin system was examined by Marine Scotland in 2018 with the results published in a peer-reviewed scientific paper: Identification of the farm of origin of Atlantic salmon smolt escapees in a freshwater Scottish loch using single-nucleotide polymorphic markers | ICES Journal of Marine Science | Oxford Academic (oup.com) .

At this time the loch contained two fish farms which each used salmon from different strain/hatchery origins. Genetic analysis was able to identify escaped fish from both farms within the system. The non-random nature of fish collection and trapping locations prevented determination of either absolute proportions of escapees in the entire Shin system or escape proportions from each site. However, it was clear that fish from both farms had escaped.

The Marine Directorate’s Science, Evidence, Data and Digital Portfolio published its first assessment of genetic introgression in wild salmon in 2021: A national assessment of the influence of farmed salmon escapes on the genetic integrity of wild Scottish Atlantic salmon populations | Marine Scotland Data Publications .

The research found evidence of introgression at 23% of the sites examined. Further, the patterns of introgression detected were not uniform across the country. Rather, signs of introgression were concentrated in areas of marine aquaculture production and freshwater smolt rearing. Outside these areas, little to no genetic changes were detected. The results highlighted how important it is to prevent farmed fish escapes, to protect the integrity of wild salmon populations in areas of aquaculture production.

This was the first report of the National Introgression Programme for Scotland (NIPS), sampling took place between 2018 and 2019. NIPS is an ongoing nationwide project that is researching the link between fish farm escapes and introgression in wild salmon populations. In 2021 a second NIPS survey was conducted across the country with samples and data from this currently being analysed. A further NIPS survey was also initiated in 2023 and sample collection is now underway. Analysis of the NIPS surveys from multiple sampling years will provide a picture of temporal changes in levels of introgression.

I refer the member to the answer to question S6W-18168 on 6 May 2023 for details of the total area, in square kilometres, of the Marine Protected Area network designated in the Scottish continental shelf area adjacent to Scotland.

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