Salmon farmers win appeal against SEPA licence changes
Decision 'provides a route map for regulation based on reliable data'
Scotland’s salmonid farmers have won their appeal against draconian regulatory changes imposed by the Scottish Environment Protection Agency (SEPA).
Salmon farmers Mowi Scotland, Bakkafrost Scotland, Scottish Sea Farms, Cooke Scotland, Loch Duart, and Organic Sea Harvest, and rainbow trout farmer Kames, challenged “notices of variation” issued by SEPA to 260 farms in February last year.
The notices formed part of SEPA’s Sea Lice Regulatory Framework designed to protect migrating wild salmon smolts from sea lice believed to emanate from salmonid farms. The Framework also entailed the creation of wild salmon protection zones along migratory routes.
The notices significantly changed the SEPA-issued CAR (Controlled Activities Regulations) licences required for fish farms.
SEPA sought to impose weekly sea lice counting and reporting between March and October, reporting of fish numbers over the same period.
For 62 farms in the wild salmon protection zones, SEPA also wanted to impose “standstill” limits on the number of adult female sea lice in the pens from week 12 to 22.
“Although the [SEPA] document is not explicit about the origin of the standstill limits, we understand that they were based on data or an estimate of sea lice found at the farm before the notice of variation was served,” wrote Scottish Government-appointed chief planning reporter Scott Ferrie and assistant chief planning reporter Robert Seaton in their decision notice published today.
'SEPA's models are wrong'
Fish farmers say sea lice dispersion models used by SEPA to predict the possible threat to wild smolts from fish farms are wrong, and that lower lice limits that force farmers to de-louse fish when it is not necessary for the good of the fish would lead to higher mortalities.
Ben Hadfield, chief operating officer farming for salmon giant Mowi in Scotland, Ireland, the Faroes, and Atlantic Canada, believes the SEPA model over-predicts sea lice concentrations “possibly by a factor of 4 or 5”.
Our objective throughout has been to ensure regulation is effective, proportionate, and grounded in sound science.
A spokesperson for Salmon Scotland, which represents the sector, said: “We welcome the findings of the independent appeals process, which reinforce our concerns about both the legal basis of the framework and how it was introduced.
“We have always supported strong environmental protections, including for wild salmon. Our objective throughout has been to ensure regulation is effective, proportionate, and grounded in sound science.
“We want to work constructively with the Scottish Government and SEPA to agree an appropriate way forward.
“Regulation must be based on robust evidence, good science and reliable data. This decision provides a route map for achieving that.”
