SEA Environmental Report Cover Note

To: SEA.gateway@scotland.gsi.gov.uk

or

SEA Gateway, Scottish Executive, Area 1 H (Bridge), Victoria Quay, Edinburgh, EH6 6QQ.

An SEA Scoping Report is attached for the plan, programme or strategy (PPS) entitled: Supplementary Guidance Aquaculture.

The Responsible Authority is: Orkney Islands Council.

Contact name: Eileen Summers.

Job Title: Environment Officer (Policy).

Contact address: Council Offices, School Place, Kirkwall, Orkney, KW15 1NY.

Contact telephone number: 01856 873535 ext. 2828.

Contact email: eileen.summers@orkney.gov.uk

Signature (electronic signature is acceptable): Eileen Summers.

Date: 10 August 2017

Contents

• Non-technical summary
• Introduction
• Supplementary Guidance Aquaculture and its context
• Relationship with other Plans, Programmes and Strategies and their environmental protection objectives
• Relevant aspects of the current state of the environment
• Environmental problems
• Likely evolution of the environment without Supplementary Guidance Aquaculture
• SEA objectives
• Assessment of environmental effects and measures envisaged for mitigation of significant adverse effects
• Alternatives to which SEA was applied
• Elements of Supplementary Guidance: Aquaculture which were assessed
• Assessment Summary
• Mitigation measures
• Monitoring
• Next steps
• Responses to the SEA Scoping Report

Non-technical summary

Supplementary Guidance Aquaculture comprises an Introduction, a Spatial Strategy, a suite of ten Development Criteria and a section which provides Further Information, along with Annex 1: The role of other statutory bodies and Annex 2: Potentially significant natural heritage impact pathways arising from aquaculture operations in Orkney waters..

Summary of the assessment of Supplementary Guidance Aquaculture

Biodiversity, flora and fauna

Implementation of Supplementary Guidance Aquaculture is likely to lead to broadly neutral effects on biodiversity, although the potential remains for minor to moderate impacts, e.g. in terms of wildlife entanglement and impacts on wild salmonids.

To help address the risk of entanglement, the SG recommends the preparation of adaptive Environmental Management Plans which would enable the collection and reporting of entanglement data, allowing anti-predator strategies to be monitored and amended where necessary.

There is evidence of an effect of sealice from fish farms on seatrout; however the extent to which fish populations are affected is not clear. The Aquaculture Science and Research Strategy (2014), produced on behalf of the Scottish Government by the Ministerial Group for Sustainable Aquaculture (MGSA) acknowledges that further research will be required to help underpin the Scottish aquaculture industry’s 2020 sustainable production targets, and identifies a range of science and research programmes which could contribute to the future sustainability of the aquaculture industry in Scotland and internationally. The following topics are identified as high priorities for further research:

• the dispersal of sea trout and salmon and subsequent dispersion in relation to the Scottish coast;
• the effects of sea lice at a population level in wild salmonids;
• improving understanding of sea lice dynamics;
• investigations of routes of emergence from subclinical infection of wild fish to disease in farmed fish.

Annex 2 is an important addition to the SG as it identifies a range of pathways through which aquaculture interacts with habitats and species, as well as describing the potential for significant effects. The table uses the headings from the Scottish Aquaculture Research Forum (SARF) EIA scoping templates to identify issues for consideration, as well as the information that developers will be required to provide to support their application. Potential mitigation measures are outlined, along with sources of further useful information, e.g. the Feature Activity Sensitivity Tool (FEAST), the National Marine Plan interactive (NMPi) and SEPA’s marine cage fish farming procedures manual, Annex F Seabed Monitoring and /Assessment.

The assimilation of this information into a single table should prove helpful to developers during the preparation of EIAs by enabling a clearer understanding of the vulnerabilities of the natural environment to the effects, as well as the types of mitigation that can be incorporated to avoid or minimise adverse effects.

Water

The SG explains the Scottish Environment Protection Agency’s (SEPA) role in regulating the aquaculture industry through the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and confirms that the Planning Authority will be advised by SEPA on issues relating to water quality and benthic impacts.

Although further development of the aquaculture industry in Orkney waters will lead to additional localised impacts on the water column and benthic environment (seabed), effects on the wider water and seabed environments are likely to be broadly neutral.

Geology and sediments

Effects are likely to be neutral.

Three new Nature Conservation Marine Protected Areas – North-west Orkney, Papa Westray and Wyre and Rousay Sounds - have been designated in Orkney waters since the previous Planning Policy Advice Aquaculture was prepared. The qualifying features of the latter two sites include sand waves within the Orkney carbonate production area, an internationally important example of a shelf carbonate system. These features may be vulnerable to certain aspects of fish farm development, e.g. scouring at anchorage points.

The OLDP policy on natural heritage sites and the wider geology is set out in DC2. Sites where the qualifying interests include geological / geomorphological features are also illustrated in Map DC2b.

Landscape

Effects are likely to be broadly neutral, with potential for localised minor impact.

Guidance is provided on aspects of the development that should be assessed, along with references to a number of publications which provide more detailed guidance on how to accommodate aquaculture into landscapes / seascapes. These include the recently published North Caithness and Orkney Coastal Character Assessment.

DC1 Confirms that proposals should be supported by a Landscape and Visual Impact Assessment (LVIA) including, where appropriate, a full cumulative assessment (CLIVIA) which takes account of any existing and proposed developments.

It highlights the requirement to consider impacts on the National Scenic Area, including its special qualities, as well as the Hoy area of Wild Land.

Cultural heritage

Effects are likely to be broadly neutral. The SG explains how aquaculture development has potential to affect cultural heritage resources either directly or indirectly, e.g. by impacting upon the setting of the resource. It also confirms the requirement for the historic environment to be included in an Environmental Impact Assessment and sets out a range of issues that should be considered. The potential requirement for a visual impact analysis or Cultural Heritage Impact Assessment is also highlighted.

Population

Effects are likely to be broadly neutral. The SG requires aquaculture development to avoid or appropriately mitigate adverse impacts on statutory access rights, core paths, other public footpaths and rights of way. The SG includes a new Development Criterion – DC7 Social and Economic Impacts which requires developers to demonstrate that significant adverse effects on existing activities have been avoided or appropriately mitigated.

Material assets

Effects are likely to be broadly neutral. Developers are required to prepare a Site Waste Management Plan which demonstrates steps that will be taken to reduce, re-use and recycle waste materials and how any remaining wastes will be disposed of.

Interrelationships

Human settlement in Orkney has traditionally focused on the coast and coastal landscapes include much evidence of the islands’ cultural heritage. The effects of aquaculture development on the settings of cultural heritage sites are therefore closely linked with effects on the wider landscape.

There are also strong links between biodiversity and water receptors as water bodies are classified in terms of their chemical and ecological quality.

Mitigation

The SG identifies and explains ways in which aquaculture development can adversely affect the environment and includes guidance and further information on how potential impacts should be addressed. Additional mitigative measures were highlighted through the SEA process and incorporated into the SG. These are set out below.

Monitoring

The purpose of monitoring is to ensure that the proposed mitigation is effective and that any unexpected effects can be detected at an early stage so that appropriate remedial action can be put in place. Monitoring will be used to provide essential information on which to base future development. The proposed SEA monitoring programme is as follows:

Next steps

Anticipated milestones in the SEA and planning processes related to Supplementary Guidance Aquaculture are set out below.

Introduction

As part of the preparation of Supplementary Guidance Aquaculture, Orkney Islands Council is carrying out a Strategic Environmental Assessment (SEA). SEA is a systematic method for considering the likely environmental effects of certain PPS. SEA aims to:

• integrate environmental factors into PPS preparation and decision-making;
• improve PPS and enhance environmental protection;
• increase public participation in decision making; and
• facilitate openness and transparency of decision-making.

SEA is required by the Environmental Assessment (Scotland) Act 2005. The key SEA stages are:

Screening - determining whether the PPS is likely to have significant environmental effects and whether an SEA is required.

Scoping - deciding on the scope and level of detail of the Environmental Report, and the consultation period for the report – this is done in consultation with Scottish Natural Heritage, the Scottish Environment Protection Agency and Historic Environment Scotland.

Environmental Report - publishing an Environmental Report on the PPS and its environmental effects, and consulting on that report.

Adoption - providing information on: the adopted PPS; how consultation comments have been taken into account; and methods for monitoring the significant environmental effects of the implementation of the PPS.

Monitoring - monitoring significant environmental effects in such a manner so as to also enable the Responsible Authority to identify any unforeseen adverse effects at an early stage and undertake appropriate remedial action.

The purpose of this Environmental Report is to:

• provide information on Supplementary Guidance Aquaculture;
• identify, describe and evaluate the likely significant effects of the PPS and its reasonable alternatives; and
• provide an early and effective opportunity for the Consultation Authorities and the public to offer views on any aspect of this Environmental Report.

The key facts relating to Supplementary Guidance Aquaculture are set out in Table 1 below.

Table 1: Key facts relating to Supplementary Guidance Aquaculture

SEA activities to date

Table 2 summarises SEA activities to date in relation to Supplementary Guidance Aquaculture.

Table 2: SEA activities to date

Supplementary Guidance Aquaculture and its context

Supplementary Guidance Aquaculture comprises three sections, along with two annexes.

Section 1 provides an introduction to the supplementary guidance, explaining how to use the document and setting out the policy context, including the Orkney Local Development Plan policy for aquaculture development. It also includes the Spatial Strategy.

Section 2 comprises the set of ten Development Criteria, against which all proposals for aquaculture development will be assessed. Guidance provided in a number of the Development Criteria is further supplemented by maps. A summary of the Development Criteria and related maps is provided in Table 3 below.

Table 3: Development Criteria and Development Criteria Maps

Section 3 provides links to sources containing more detail on many of the issues that are addressed in Sections 1 and 2. It also includes a list of the main legislation that is relevant to aquaculture.

Annex 1 sets out the role of other statutory bodies in the determination of aquaculture proposals.

Annex 2 provides information on potentially significant natural heritage impact pathways arising from aquaculture operations in Orkney waters.

Relationship with other Plans, Programmes and Strategies and their environmental protection objectives

The Supplementary Guidance will have a significant influence on, and will draw from, other plans produced by Orkney Islands Council. It will also be guided by a range of relevant plans, programmes and strategies (PPS) produced at international, national and local level. PPS which are relevant to the SG Aquaculture are summarised in Appendix A of this report.

Relevant aspects of the current state of the environment

An environmental baseline describing the current state of the environment in Orkney is included in Appendix B of this report.

Environmental problems

A range of environmental problems that are relevant to development planning in Orkney were identified in the Proposed Local Development Plan Environmental Report. These have generally been addressed through the Proposed Plan policies. However, there is scope for the SG to provide additional guidance to address a number of issues which are summarised in Table 4 below.

Table 4: Environmental Problems Relevant to Supplementary Guidance Aquaculture

Likely evolution of the environment without Supplementary Guidance Aquaculture

A new Orkney Local Development Plan is nearing completion and is scheduled for adoption by the Council during March 2017. The new Supplementary Guidance will be a statutory document which will provide additional guidance relating to Policy 12 Coastal Development - Aquaculture, informing potential developers and stakeholders of the current policy and guidance that is available to guide any proposed expansion of the aquaculture industry within Orkney waters.

Marine planning in Scotland has undergone a period of significant development, including the publication of the following documents:

• Scotland’s National Marine Plan (2015), which is supported by the National Marine Plan interactive, an interactive mapping tool which has been designed to assist in the development of national and regional marine planning.
• The Pentland Firth and Orkney Waters Marine Spatial Plan (2016), a pilot process undertaken by a working group consisting of Marine Scotland, Orkney Islands Council and Highland Council in advance of statutory regional marine planning.

Both Plans set out integrated planning policy frameworks to guide marine development, activities and management decisions, whilst ensuring the quality of the marine environment is protected.

• Scottish Planning Policy was updated in 2014 and sets out revised planning advice relating to aquaculture developments, in particular updated guidance on spatial planning.

Also during this period, with the support of the Scottish Government, the aquaculture industry has identified the following sustainable growth targets, with due regard to the marine environment, by 2020:

• Marine fish production to increase sustainably to 210,000 tonnes. (In 2014 181,045 tonnes of whole wet fish were produced, comprising 179,022 tonnes salmon, 1,909 tonnes marine rainbow trout, 66 tonnes halibut and 48 tonnes brown trout/sea trout.)
• Farmed shellfish production to increase to 13,000 tonnes. (In 2014 production was 7,980 tonnes).

Without the updated guidance there would be potential for confusion and inconsistency of approach between the terrestrial and marine planning systems.

Preparation of the SG also provides an opportunity to improve awareness of the wide range of information that is available to help inform the siting of new development and promote sustainability in the industry.

SEA objectives

A set of environmental objectives was identified in the Environmental Report which was prepared alongside the Orkney Local Development Plan. These objectives represented the criteria against which the policies and proposals of the Main Issues Report and the Proposed Plan were assessed. The relevant SEA objectives have been used as criteria against which to assess the environmental effects of Supplementary Guidance Aquaculture and these are reproduced in Table 5 below.

Table 5: The SEA Objectives

Assessment of environmental effects and measures envisaged for mitigation of significant adverse effects

This chapter sets out the method used for the environmental assessment of Supplementary Guidance Aquaculture. It confirms which parts of SG Aquaculture were considered and also provides a summary of the findings of the assessment.

Alternatives to which SEA was applied

The current version of Supplementary Guidance Aquaculture replaces the draft Planning Policy Advice Aquaculture which was adopted in October 2012. The PPA has been reviewed and updated to take account of changes to national policy and also to incorporate links to other, recently published aquaculture-related guidance.

No further alternatives were considered.

Elements of Supplementary Guidance: Aquaculture which were assessed

Strategic Environmental Assessment was undertaken alongside the Council’s previous document Planning Policy Advice Aquaculture (2012) and the findings were presented in an Environmental Report. The current SG Aquaculture is a result of a review and update of the previous PPA document; therefore it includes certain elements which have already undergone environmental assessment.

The approach taken in this SEA has been to assess the suite of 10 Development Criteria and Annex 2, focusing mainly on changes and additions to the guidance.

The Spatial Strategy has not been assessed as it summarises information set out in the Development Criteria.

A matrix-based approach has been used for the assessment and the findings are presented in Appendix C of this Environmental Report.

Assessment Summary

Biodiversity

Effects are likely to be broadly neutral, with potential for minor to moderate adverse effects, in particular wildlife mortalities due to entanglement in fish farm equipment and potential for impacts on wild salmonid populations.

DC2: Natural Heritage Designations, Protected Species and the Wider Biodiversity and Geodiversity includes the relevant parts of OLDP Policy 9 Natural Heritage and Landscape. Designated sites are illustrated in Maps DC2a and DC2b. Designated seal haul-outs are illustrated in Map DC2c.

Guidance is provided on measures that should be taken to minimise the risk of wildlife entanglement in anti-predator nets. The risks posed to marine mammals (seals and cetaceans) by Acoustic Deterrent Devices (ADDs) are also clearly explained, along with guidance on areas where the use of ADDs is unlikely to be supported.

The SG also recommends the preparation of an adaptive Environmental Management Plan which would enable entanglement data to be recorded and reported to SNH and the planning authority. This would allow anti-predator strategies to be amended, if necessary, during their lifetime.

DC4: Wild Salmonid Populations outlines the following risks that are posed by aquaculture to wild salmonids:

• Transfer of sea lice and disease from farmed fish to wild fish;
• Disruption of genetic integrity and local adaptation of wild stocks arising from interbreeding with escapees from salmon farms;
• Introduction of non-native farmed species.

It confirms that the planning authority will be advised by Marine Scotland as to whether a proposed development is likely to have significant effects on wild salmonid populations, and that development proposals with potential for significant adverse effects that are not addressed through effective mitigation will not be supported.

DC4 explains that juvenile fish entering the sea from spawning burns are particularly vulnerable to the effects of sealice infestation. It goes on to advise that, in assessing risk of parasite or disease transfer, consideration will be given to site position, husbandry techniques, the hydrology of the surrounding area, as well as interaction among sites. Map DC4 illustrates the locations at which Orkney’s principal seatrout burns enter the sea, with the aim of steering developers away from these sensitive areas for juvenile seatrout.

Area Management Agreements are also promoted as a means of taking a coordinated approach to issues such as sea lice control, for example through measures such as synchronous fallowing of sites, where clusters of sites operate as single year-class sites. In practice, synchronous fallowing within defined Management Areas is not always undertaken and these instances the operator is required to prepare and submit a risk assessment which details the measures that will be put in place to reduce the risks of sealice infestation, maturation and larval distribution.

The purpose of Disease Management Areas is outlined, along with confirmation that there is a general presumption against farming at new sites that bridge existing Disease Management Areas.

The SG confirms that, due to the entanglement risk to seals and diving birds, there are considerable constraints around any proposed use of gill nets or other static nets to retrieve escaped fish.

There is evidence of an effect of sealice from fish farms on seatrout; however the extent to which fish populations are affected is not clear. The Aquaculture Science and Research Strategy (2014), produced on behalf of the Scottish Government by the Ministerial Group for Sustainable Aquaculture (MGSA) acknowledges that further research will be required to help underpin the Scottish aquaculture industry’s 2020 sustainable production targets, and identifies a range of science and research programmes which could contribute to the future sustainability of the aquaculture industry in Scotland and internationally. The following topics are identified as high priorities for further research:

• the dispersal of sea trout and salmon and subsequent dispersion in relation to the Scottish coast;
• the effects of sea lice at a population level in wild salmonids;
• improving understanding of sea lice dynamics;
• investigations of routes of emergence from subclinical infection of wild fish to disease in farmed fish.

Water

Further development of the aquaculture industry in Orkney waters will lead to additional localised adverse impacts on the water column and benthic environment (seabed); however the effects on the wider water and seabed environments are likely to be broadly neutral.

DC5: Water Quality and Benthic Impacts includes the section of the OLDP Proposed Plan Policy 9 Natural Heritage and Landscape which relates to the water environment and is relevant to aquaculture development.

It also requires development proposals to be supported by modelling and calculations which demonstrate that the water column and benthic impacts are localised and within environmental limits, taking account of cumulative impacts.

It explains the Scottish Environment Protection Agency’s (SEPA) role in regulating the aquaculture industry through the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and confirms that the Planning Authority will be advised by SEPA on issues relating to water quality and benthic impacts.

Annex 2 provides additional information on how aquaculture developments impact on the benthic environment, highlighting issues for consideration, as well as the information that developers will be required to provide to support their application. Potential mitigation measures are outlined, along with sources of further useful information, e.g. the Feature Activity Sensitivity Tool (FEAST), the National Marine Plan interactive (NMPi) and SEPA’s marine cage fish farming procedures manual, Annex F Seabed Monitoring and /Assessment.

DC5 has been updated to take account of Scotland’s National Marine Plan policy 4 Aquaculture.

It confirms that the planning authority supports the development of new shell fish growing sites, particularly in Shellfish Water Protected Areas. Where this is not possible, the location of new shellfish sites in proximity to existing sewage discharges or waters with diffuse pollution inputs should be avoided in consultation with SEPA. The locations of major water treatment discharges are shown on map DC8d.

Map DC8d also identifies the Flotta Oil Terminal pipeline Restricted Area, through which North Sea crude oil is imported.

Geology and sediments

Effects are likely to be neutral.

The OLDP policy on natural heritage sites and the wider geology is set out in DC2. Sites where the qualifying interests include geological / geomorphological features are also illustrated in Map DC2b. These include the recently designated Nature Conservation Marine Protected Areas at North-west Orkney, Papa Westray and Wyre and Rousay Sounds. The qualifying features of the latter two sites include sand waves within the Orkney carbonate production area, an internationally important example of a shelf carbonate system. These features may be vulnerable to certain aspects of fish farm development, e.g. scouring at anchorage points. The North-west Orkney site also includes geomorphological features of interest; however it is located outwith the 3 nautical mile zone, therefore any aquaculture development in this area would not fall within the remit of the land use planning system.

Landscape

Effects are likely to be broadly neutral with potential for minor adverse effects.

DC1: Landscape, Coast, Siting and Design includes the section of the OLDP Proposed Plan Policy 9 Natural Heritage and Landscape which relates to landscape and is relevant to aquaculture development.

Guidance is provided on aspects of the development that should be assessed, along with references to a number of publications which provide more detailed guidance on how to accommodate aquaculture into landscapes / seascapes. These include the recently published North Caithness and Orkney Coastal Character Assessment.

DC1 Confirms that proposals should be supported by a Landscape and Visual Impact Assessment (LVIA) including, where appropriate, a full cumulative assessment (CLIVIA) which takes account of any existing and proposed developments.

It highlights the requirement to consider impacts on the National Scenic Area, including its special qualities, as well as the Hoy area of Wild Land; both areas are illustrated in Map DC1.

Cultural heritage

Effects are likely to be broadly neutral.

DC6: Historic Environment includes the section of OLDP Proposed Plan Policy 8 Historic Environment and Cultural Heritage which is relevant to aquaculture and it lists the range of cultural heritage sites which have legal protection. Where relevant, these are illustrated in Map DC6.

It also explains how aquaculture development has potential to affect cultural heritage resources either directly or indirectly, e.g. by impacting upon the setting of the resource. It also confirms the requirement for the historic environment to be included in an Environmental Impact Assessment and sets out a range of issues that should be considered. The potential requirement for a visual impact analysis or Cultural Heritage Impact Assessment is also highlighted.

Population

Effects are likely to be broadly neutral.

DC9: Construction and Operational Impacts highlights the potential for aquaculture development to impact on the local transport network during the construction, operation and decommissioning phases and requires the developer to provide sufficient information regarding vehicular and pedestrian access to and egress from the site. It also requires aquaculture development to avoid or appropriately mitigate adverse impacts on statutory access rights, core paths, other public footpaths and rights of way, in accordance with Orkney LDP Policy 10 Green Infrastructure.

In an island community marine and coastal areas are important to people in terms of economic activity as well as recreation, sport and leisure. The SG also includes a new Development Criterion – DC7 Social and Economic Impacts which requires developers to demonstrate that significant adverse effects on existing activities have been avoided or appropriately mitigated.

DC8: Other Marine Users also requires aquaculture development proposals to identify potential impacts on recreation, sport or leisure activities in consultation with affected stakeholders and ensure that any significant disturbance or disruption is minimised or appropriately mitigated.

Material assets

Effects are likely to be broadly neutral.

DC9: Construction and Operational Impacts explains that there is potential for aquaculture to generate waste during construction, operation and decommissioning and that this can affect both visual amenity and the natural environment. Developers are required to prepare a Site Waste Management Plan which demonstrates steps that will be taken to reduce, re-use and recycle waste materials and how any remaining wastes will be disposed of.

DC10: Decommissioning and Reinstatement requires developers to provide a detailed account of the necessary works and the method of reinstatement of the site to its original condition, with the removal of all equipment associated with the development.

Interrelationships

Orkney is a group of islands where human settlement has traditionally focused on the coast and coastal landscapes include much evidence of Orkney’s cultural heritage. The effects of new developments on the settings of cultural heritage sites are therefore closely linked with effects on the wider landscape.

DC1: Landscape, Coast, Siting and Design includes reference to a number of publications which provide detailed guidance on how to accommodate aquaculture into coastal landscapes and seascapes. These include the Orkney Landscape Capacity for Aquaculture: Scapa Flow and Wide Firth (2011) and the North Caithness and Orkney Coastal Character Assessment (2016). In both documents the landscape summaries for each defined area of coastline highlight cultural heritage features which should be taken into consideration when assessing the effects of an aquaculture proposal.

Mitigation measures

The SG identifies and explains ways in which aquaculture development can adversely affect the environment and includes guidance and further information on how potential impacts should be addressed. Additional mitigative measures were highlighted through the SEA process and incorporated into the SG. These are set out in Table 6 below.

Table 6: Mitigation measures identified by the SEA process

Monitoring

The purpose of monitoring is to ensure that the proposed mitigation is effective and that any unexpected effects can be detected at an early stage so that appropriate remedial action can be put in place. Monitoring will be used to provide essential information on which to base future development. The proposed SEA monitoring programme is set out in Table 7 below.

Table 7: Proposed SEA Monitoring Programme

Next steps

The Environmental Report will be presented for public consultation during the same period as that proposed for the draft Supplementary Guidance. This consultation period is likely to commence on 16th March 2017, and a period of six weeks will be allowed for representations to be made in respect of the Environmental Report.

Anticipated milestones in the SEA and planning processes related to Supplementary Guidance Aquaculture are set out in Table 8 below.

Table 8: Anticipated plan-making and SEA milestones

Responses to the SEA Scoping Report