Salmon farmer challenges SEPA discharge ban at hatchery
Decision to partly suspend Scottish Sea Farms' permit 'is neither necessary nor reasonable'
Scottish Sea Farms has appealed a decision by the Scottish Environment Protection Agency (SEPA) to suspend permission for the salmon producer to discharge water containing medicinal fungicide into Loch Creran from its £52million hatchery at Barcaldine, Oban.
The partial suspension of the water discharge licence means that SSF – currently Scotland’s second largest salmon farmer – is having to transport the water by tanker to a licensed facility for disposal. However, this method can only be used for part of the hatchery operation and is not a long-term solution, the company’s lawyers say in their appeal submission.
SEPA’s action follows SSF’s increased use and discharge of formaldehyde and bronopol above permitted levels between May and November last year in response to problems it had controlling Saprolegnia, a lethal fungus found in the freshwater environment. SSF was informed of the suspension on April 22 this year – more than five months after discharges had returned to normal - and it came into effect on May 23.
Six times the limit
“In some instances, SSF exceeded the maximum permitted daily quantity of bronopol by a factor of six over consecutive days. This resulted in modelled concentrations exceeding the Environmental Quality Standards (EQS) by almost a factor of 10 at the 100-metre nominal mixing zone edge in Loch Creran,” SEPA stated as one of five reasons given for the suspension.
Its other reasons are that:
- It has not received sufficient assurances that measures are in place to prevent a recurrence of the increased discharges
- Loch Creran is designated as a Special Area of Conservation and use of the fungicides “in significant excess of authorised limits” could harm protected reefs
- SSF failed to notify SEPA about the excess discharges within the allotted time
- Evidence has been obtained that SSF had found alternative treatment methods for dealing with Saprolegnia effectively
A critical decision
Edinburgh legal firm Shepherd and Wedderburn, representing SSF, argues that the levels of Saprolegnia experienced at Barcaldine last year were much higher than those normally experienced, and that it was critical they were tackled as quickly and decisively as possible.
“The decision to increase frequency of medical treatments was taken following veterinary advice, with a view to minimising negative fish welfare outcomes and unacceptable levels of mortality,” it adds.
The legal firm says SSF’s intense focus on dealing with Saprolegnia led to its failure to properly notify SEPA on increased disinfectant use and points out that SSF has invested £160,000 in new equipment for Barcaldine that will combat Saprolegnia by improving water salinity and increasing the rate of freshwater flows. As a result of the steps taken, the site was operating in full compliance with the medicine usage limits from December 2024.
No evidence of harm
The lawyers point out that SEPA has not provided evidence that the increased discharges would impact the reefs in Loch Creran, hasn’t given a time frame for the suspension, and hasn’t said what assurances it requires that the increase in discharges won’t reoccur.
They say the suspension is neither necessary nor reasonable, and are asking Scottish Government ministers to quash SEPA's notice.
In a statement, SSF confirmed that permitted daily usage levels of a veterinary medicine were exceeded at Barcaldine last year said the total annual use of medicine remained within the overall limits set by SEPA.
“We have been, and remain, in compliance with licence conditions relating to the partial suspension notice since 14 November 2024. In the interim, we have implemented an alternative method of treated water removal to maintain compliance while continuing to prioritise fish health. However, this workaround is not a long-term solution, as the suspension restricts access to veterinary-prescribed medicines for the majority of fish under our care.
“To further support our commitment to environmental responsibility, we commissioned an independent survey to assess any potential impact on the sensitive habitats in Loch Creran, noting that SEPA has not evidenced any impact to date.
“Scottish Sea Farms remains committed to responsible farming, continuous improvement, and constructive engagement with regulators and stakeholders.”
