The implementation of SEPA’s Sea Lice Regulatory Framework (SLRF) is now expected to be paused following appeals submitted by the fish farming sector to the Planning and Environmental Appeals Division (DPEA) of the Scottish Government. Over 200 farms have appealed SEPA’s licence variations, challenging the regulatory approach. More detail on the appeals can be found by searching for the cases at: www.dpea.scotland.gov.uk

We are extremely disappointed that a situation has developed leading fish farmers to make the decision to appeal the variations sought by SEPA. The sea lice regulatory framework, which seeks to protect our wild salmon and sea trout populations from the pressure of sea lice originating from fish farms, is of critical importance to the future of these iconic species and in the case of Atlantic salmon of our endangered populations.

Salmon Scotland shared a letter with FMS outlining the sector’s concerns, stating:

“There are significant and fundamental issues with these variations. Given the scale and magnitude of our concerns, farming businesses were left with no alternative but to appeal the variation notices. We regret having to take this position. The appeals in no way affect our sector’s commitments around farmed and wild fish interactions, nor our businesses’ investment in lice management. We continue to operate to all existing agreements and legal obligations in relation to lice management and potential interactions.”

From an initial review of the appeal documents, common grounds of appeal include the points below. The fish farming sector considers that:

• SEPA’s implementation of the Sea Lice Framework under the 2011 Regulations is beyond its legal powers.
• SEPA has not provided sufficient evidence that marine pen fish farms fall within the scope of activities regulated under the 2011 Regulations.
• The process followed was procedurally unfair.

Next Steps

It is understood that all Boards and Trusts with aquaculture activity in their area have received notification letters from SEPA, offering them the opportunity to submit representations to the DPEA

We have reviewed a selection of the appeals to fully understand the nature and reasoning behind them, some of which include extensive documentation. In response, we will:

• Submit a representation to the DPEA, which will also be shared with relevant aquaculture stakeholders and published on our website.
• Continue discussions with SEPA, the Scottish Government, and other public bodies to ensure ongoing engagement on this issue.
• Be open to engagement with the fish farming sector to better understand their reasoning for these appeals and to explore interim measures while the appeals are under review. It is currently expected that a decision on the appeals will take several months.

We will provide further updates as the appeals process progresses. If you have any questions or concerns, please get in touch with Helen Feenan, Aquaculture Interactions Manager, FMS at Helen@fms.scot