Regulation of Designated Shellfish Waters
The European Community Shellfish Waters Directive 2006/113/EC
(the Directive) was adopted to protect and, where necessary,
improve the quality of waters where shellfish grow and to
contribute to the high quality of directly edible shellfish
products. It supersedes the original Shellfish Waters Directive
79/923/EEC.
The Directive concerns the quality of shellfish growing waters.
Along with other Member States, the UK has designated those coastal
and brackish waters needing protection or improvement in order to
support shellfish (bivalve and gastropod molluscs) life and growth
and to contribute to the high quality of directly edible shellfish
products. In Scotland, the Scottish Environment Protection Agency
(SEPA) is the competent authority charged with the task of
delivering the water quality standards laid down in the
Directive.
The Directive prescribes the minimum quality criteria which must
be met by shellfish waters, and guideline values which Member
States must endeavour to observe. Details of these standards as
applied in Scotland are given in Annex 1 on the
shellfish waters introductory web page. The Directive also
specifies the minimum sampling frequency and the reference methods
of analysis which must be used. If the set environmental standards
are not met, the Directive requires measures to be taken to ensure
compliance within six years of waters being designated.
The Surface Waters (Shellfish) (Classification) (Scotland)
Regulations 19971 transpose the Directive into Scottish
law. The Regulations establish classification and sampling criteria
and confer a duty on SEPA to investigate and adopt appropriate
measures where monitoring results indicate that the waters do not
meet the minimum quality standards specified in the Directive. An
accompanying Direction instructs SEPA to endeavour to achieve
guideline values as specified in a Schedule to the Direction.
The first shellfish growing waters in Scotland were formally
identified in 1981. By 1998, 22 waters had been officially
designated by Direction, with a further 11 designated in 2000. In
2002 an additional set of 75 waters were designated, followed by
another 5 in 2005. Together with some de-designation and
amalgamation of existing sites, the total number of designations by
the end of 2005 stood at 108. In 2006 all of these sites were
re-designated en bloc by means of a new Direction, and all previous
Directions dating back to 1998 were revoked. In November 2008 a
further 7 designations were made by Direction, including extensions
to 3 existing designations. A further review in the summer of 2009
resulted in over 30 waters being de-designated, and the number of
designations at this point stood at 78. The most recent review and
Direction issued in May 2012 resulted in 9 new designations, 4
extensions to existing sites, and 7 sites being de-designated,
bringing to 80 the number of currently designated sites. The next
review of designations is scheduled for the summer of 2013, the
principal aim of this review being to improve the degree of overlap
between shellfish waters and harvesting areas as identified by the
Food Standards Agency.
SEPA maintains a Pollution Reduction Plan (PRP) for each of the
designated sites (with the exception of the 9 sites newly
designated in 2012 for which plans are still to be drafted). Each
PRP provides background information on the site, reports the
results of annual compliance monitoring, identifies point source
discharges and potential risks of diffuse pollution and highlights
required improvement actions. The overall aim of the PRP is to
ensure that each site complies with the minimum mandatory standards
in the Directive within six years of designation, and to ensure
that progress is made towards observing guideline values.
Information up to the end of 2010 can be found in the
latest versions of the PRPs (plans for the sites de-designated
in 2009 and 2012 are also available, but will not be updated).
Monitoring in 2011 indicated that all of the designated sites
met the minimum environmental quality standards. Most of the sites
(71) also observed the stricter guideline values for physical and
chemical parameters. However, exceedances of the bacteriological
guideline value were recorded at some 29 sites. The Directive
specifies a guideline value for faecal coliforms (FC) of not more
than 300 FC per 100ml of shellfish flesh and intervalvular fluid.
No clear relationship has been established between FC levels in
shellfish tissue and the microbiological quality of the surrounding
waters, excepting those waters which are polluted2.
In the absence of guidance on deriving a water quality objective
that would achieve the guideline value set by the Directive, SEPA
adopts a precautionary approach, as detailed in SEPA Regulatory
Method
WAT-RM-133, whereby dischargers of sewage effluent
must demonstrate design to achieve no more than 100 FC/100 ml and
100 Faecal Streptococci (FS)/100 ml in the receiving water
(equivalent to the guideline values in the EC Bathing Waters
Directive). These limits, however, only apply to harvesting areas
as designated by the Food Standards Agency (FSA) under the terms of
the Shellfish Hygiene Directive (see below for more information on
this). SEPA effectively treats shellfish growing waters as impact
zones to protect the FSA harvesting areas that lie within them.
Water quality cannot therefore be guaranteed outside the FSA
designated harvesting areas.
Because of the significant number of sites failing to observe
the guideline value for FC, the PRPs strongly emphasise measures
being taken to reduce those sources of coliform bacteria which are
controllable. SEPA recognises that FC levels in waters and
shellfish flesh are influenced by complex factors and
inter-relationships such as rainfall and diffuse pollution from
agriculture, as well as by direct and indirect sewage discharges.
The two former are thought to be highly involved in the failures of
the guideline value, and a recent study on Loch Etive in Argyll has
provided some useful information on sources of
bacteria4. Further information on SEPA's role in
controlling diffuse sources of pollution can be found below in the
section on the Water Framework Directive.
The PRPs frequently refer to Scottish Water's sewerage and
sewage treatment assets, particularly where these require
upgrading. The capital investment needed to improve these assets is
now identified and approved through a formal investment planning
exercise for the water industry in Scotland. This Quality and
Standards (Q&S) process is run by the Scottish Government, in
collaboration with Scottish Water, SEPA, Scottish Natural Heritage,
the Water Industry Commissioner and other stakeholders.
The current Scottish Water investment programme, Q&SIII,
covers a double period, with the first period running from 1 April
2006 to 31 March 2010 and the second running from 1 April 2010 to
31 March 2014. The Q&SIII planning process, which must address
all current and future regulatory requirements on Scottish Water,
has presented various investment options for consideration by
Scottish Ministers. A minimum level of improvement has been
specified as part of this process to ensure some movement towards
guideline values specified by the Shellfish Waters Directive. A
prioritised list of all investment needs has been developed by
taking account of the level of risk posed by Scottish Water assets.
This has predominantly been achieved by looking at the scale and
proximity of discharges to shellfish waters currently failing the
guideline value for FCs on a regular basis. This should ensure that
the most significant risks are addressed first.
Monitoring at designated sites has so far produced limited data
on the specific impact of human sewage. If subsequent data indicate
that a site requires urgent improvement to the sewage treatment,
there is a mechanism within Q&S for substitution. Under
substitution, planned investment can be diverted away from one site
in order to finance infrastructure investment at another, if it is
agreed that the second site has become a higher priority for
improvement.
Where agricultural or urban diffuse inputs are suspected of
being the dominant sources of FC contamination, SEPA will look to
devise and implement site-specific plans to ensure such inputs are
minimised (see below for more information on this).
Other relevant legislation
- EC Shellfish Hygiene Directive
Compliance with the Shellfish Waters Directive in itself will not
ensure the protection of public health. This is the objective of
the Shellfish Hygiene Directive 1991/492/EEC, as transposed into
the Food Safety (Fishery Products and Live Shellfish) (Hygiene)
Regulations 1998.
In Scotland, the Shellfish Hygiene Directive and relevant
Regulations are the responsibility of the Food Standards Agency
(FSA). This includes responsibility for the designation of
harvesting areas, setting standards and reporting the
classification of harvesting areas according to the presence of
faecal indicator organisms. The degree of shellfish contamination
determines the degree of depuration (purification) required before
the produce may be commercially marketed.
SEPA has established direct liaison with the FSA to discuss issues
of common interest, develop relevant research and exchange
information. Results and information supplied by the FSA are taken
into consideration in the PRP production process. In 2006 new
regulations relating to the Hygiene Directive came into effect.
These regulations provide SEPA with the opportunity to have greater
involvement in the designation of new shellfish areas. This will
help to ensure that new harvesting areas are located where the
necessary water quality can reasonably be achieved without
compromising existing and future social or economic
activities.
SEPA has also reached an agreement with the FSA to share data, and
from 2007 onwards FSA data has been used at many sites to determine
whether or not the guideline value for FC is being observed.
- EC Water Framework Directive
The Water Framework Directive (WFD) (2000/60/EC) seeks to improve
or maintain the ecological and physico-chemical quality of all
waterbodies – rivers, lochs, groundwater, transitional waters
(estuaries) and coastal waters. When fully operational, the WFD
will achieve the level of protection afforded by a number of
existing directives, including the Shellfish Waters Directive,
which is scheduled to be repealed in 2013. These objectives will be
achieved through the operation of River Basin Management Plans
(RBMPs), which incorporate the improvement actions specified within
the Shellfish Water PRPs presented on the accompanying web pages.
The first River
Basin Management Plan runs from 2009 – 2015.
In order to meet the requirements of the WFD, the Water Environment
(Diffuse Pollution) (Scotland) Regulations were introduced in April
2008. These regulations are referred to as the Diffuse Pollution
General Binding Rules (DP GBRs). The seven DP GBRs focus
solely on rural land use activities, and all rural land users have
a responsibility to ensure that they are followed. In particular,
DP GBRs 18 and 19 (covering the storage and application of
fertilisers and the keeping of livestock) are aimed at minimising
the input of bacteriological and nutrient inputs to watercourses,
which in turn should result in reduced inputs to designated
shellfish waters.
A new programme of rural diffuse pollution work started in March
2010, to help deliver the objectives outlined in the recently
published RBMPs for the Scotland and Solway-Tweed river basin
districts.
As part of this work, diffuse pollution priority catchments have
been identified by SEPA as catchments where significant numbers of
waterbodies are failing to meet environmental standards. Fourteen
priority catchments, containing some of Scotland's most important
waters (for conservation, drinking water, bathing and aquaculture),
have been selected using a risk based approach for action in the
first RBMP cycle. Only two of these catchments contain designated
shellfish waters, but it is envisaged that many more catchments
containing shellfish waters will be prioritised for action during
the second and third RBMP cycles, which run from 2015-2021 and
2021-2027 respectively. In the meantime, work will be carried out
to identify the main sources of bacteriological contamination in
those shellfish waters that are failing to meet the guideline value
for faecal coliforms on a regular basis.
Further information on priority catchments and DP GBRs can be
found on our
DP priority catchment webpage.
References
- Statutory Instrument 1997 No. 2470 (S. 162).
Surface Waters (Shellfish) (Classification) (Scotland) Regulations
1997.
- Investigation of the relationship between
indicator bacteria in mussel flesh and intervalvular fluid and
surrounding waters. Phase 3 SR97(07) F., Milne, D.P., Higgins, J.E.
and Brodie, I.J. (1998). Scotland and Northern Ireland Forum for
Environmental Research.
- Regulatory Method (WAT-RM-13) Microbiological
Discharges.
- SARF013 / SAMS Report No. 256, Risk Factors
in Shellfish Harvesting Areas, Scottish Aquaculture Research Forum,
2008.