Chamber and committees

I refer the member to the answer to question S5W–35895 on 19 March 2021. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

The Scottish Government is not aware of any published evidence establishing that the issues raised affect marine mammals in Scotland.

SCANS-III outputs represent the most recent synoptic estimates of cetacean absolute densities for UK waters (Hammond et al., 2017) and are the best available information at this time. The resolution of these estimates, in large regional blocks, is relatively coarse, but no other data source currently available can provide absolute densities for all of the areas of interest.

Should finer resolution density maps covering each SCANS-III block become available then we will carefully consider whether it is more appropriate to use these in the future.

The Scottish Government considers that making EPS licence applications by fish farms available publicly after a determination has been made is compliant with the Aarhus Convention. The Convention does not impose an obligation to involve the public in all decisions concerning activities which have the potential to harm the environment. Rather, the Convention applies in specific circumstances, to specific categories of activities.

Our decision to publish EPS licence applications has been made to promote openness and transparency in line with the Nolan Principles of Public Life.

The Götz et al. (2020) study is available in the public domain, titled “The startle reflex in echolocating odontocetes: basic physiology and practical implications”, and the details requested can be found there.

I refer to the response to S5W-36099 on 23 March 2021 regarding sound pressure levels of devices.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

The Government applies the threshold of 120 dB re 1 µPa (rms) for the onset of potential disturbance for non-impulsive sounds.

The sound pressure levels of the different Acoustic Deterrent Devices and Acoustic Startle Devices are available from the device manufacturers.

The papers cited in this question are both available in the public domain. The type of Acoustic Deterrent Device used in the Brandt et al. (2012) study (Lofitech) is only used in Scottish waters as a mitigation to move marine mammals out of areas where they may be injured by construction or blasting noise. It is not in use at Scottish fish farms (Scottish Government 2021).

The threshold applied by the Government of 120 dB re 1 µPa (rms) for the onset of potential disturbance from non-impulsive sounds is based upon guidance from the US National Oceanic and Atmospheric Administration ( ESA Section 7 Consultation Tools for Marine Mammals on the West Coast | NOAA Fisheries ).

A licence can only be granted provided that it meets three tests, including that there must be no satisfactory alternative. Due consideration will be given to any European Protected Species licence applications that are submitted on the merits of each individual case and taking account of all relevant factors. It would be inappropriate to pre-determine any part of this process.

Marine Scotland, which is a Directorate of the Scottish Government, published an information note and FAQs for operators of fish farms on the use of acoustic deterrent devices (ADDs) and the requirement for an EPS licence.

As required by the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020, the report submitted on 1 March to Parliament on the use of ADDs at Scottish finfish farms includes a chapter on the sufficiency of existing monitoring of ADD use. A conclusion of this report is that the Scottish Government will work with the sector and regulators to establish a more systematic process for gathering information on ADDs operated at Scottish finfish farms. This information will be used to inform future action.

The Scottish Government and NatureScot have not incurred any legal costs since 2016 defending ‘the right to kill beavers’.

Since 1 May 2019, beavers have had European Protected Species status and, as such, there is no right to kill beavers in Scotland. The Conservation (Natural Habitats, &c.) Regulations 1994 set out the circumstances in which licences may be granted to allow management of beavers, including lethal control for specified purposes. NatureScot is the licensing authority for the management of beavers in Scotland and may issue licences for the purposes set out in the 1994 regulations.