Chamber and committees

We will give due consideration 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.

There is no statutory requirement to undertake a public consultation process for individual EPS licence applications. However, in the spirit of openness and transparency, all EPS licences and applications will be placed in the public domain after a determination has been made alongside the reasons for our decisions.

The review is targeted to be completed by 24 March 2021, ahead of the pre-election period. We and Crown Estate Scotland are prioritising our resources in working to meet this target and to provide the Scottish offshore wind sector with clarity on the way forward.

There is currently only one acoustic startle device on the market. There is no empirical evidence on whether the acoustic startle device disturbs free ranging bottlenose dolphins or other cetaceans, although during field studies, harbour porpoise did not appear to avoid the device. The device operates at frequencies centred around 1 kHz and is designed to target seal hearing sensitivities. In a recent study using similar sounds, captive bottlenose dolphins were observed to be startled at this frequency, at sound source levels lower than the typical operating level of the device.

There is some overlap in the frequencies to which different marine mammal species are sensitive. Porpoises and dolphins have higher frequency hearing than seals, but overlap with seals at the lower end of their hearing range. Baleen whales (for example, minke whales) have lower frequency hearing than seals, but overlap with them at the upper end of their hearing range.

The Scottish Government is committed to delivering a successful offshore wind sector in Scotland. Our Offshore Wind Policy Statement and Sectoral Marine Plan set out our ambitions and identified the key barriers to consents. The offshore wind plan also provides key information for developers preparing applications through detailed assessments and regional locational guidance.

Scottish Ministers regularly engage with officials on matters in relation to the consenting system for offshore energy, including demands arising from ScotWind.

We are also taking steps to increase efficiency in licensing/consenting processes and, in line with our response to the report by the Advisory Group on Economic Recovery, to optimise consenting and planning resources ahead of ScotWind applications. In addition, our extensive Scottish Marine Energy Research Programme (“ScotMER”) is actively seeking to tackle difficult evidence gaps and is working collaboratively with industry and other regulators to reduce uncertainty in consenting decisions.

Marine Scotland, a part of core Scottish Government that is responsible for marine licensing and consenting, also stresses to all offshore renewables applicants the importance of submitting a well-evidenced application, supported by a thorough, concise environmental impact assessment covering the pertinent issues. The Marine Scotland consenting and licensing guidance , available on the Scottish Government website, can help facilitate this.

Scotland is an ideal location for offshore wind, with substantial resources and opportunity for investment. An integral part of ScotWind are the Supply Chain Development Statements that applicants must complete and commit to when applying for a lease option. These statements will provide a transparent explanation of the supply chain content to be included within developments, with a view to maximising local content. Within the bounds of competition law, developers will face penalties if these commitments are not met.

ScotWind follows from our recent Sectoral Marine Plan for Offshore Wind Energy that has identified 15 Plan options, capable of delivering up to 10 GW in Scottish waters.

The ScotWind seabed leasing process is the next step in delivering economic and social benefit to Scotland whilst actively tackling climate change, developing a green recovery from the pandemic and building on our successful blue economy in Scotland.

Under Article 17 of the European Union (EU) Habitats Directive, the UK was required to assess and report on the conservation status of species listed in Annexes I, II, IV and V. The most recent report was submitted in 2019 and the UK assessments can be found on the Joint Nature Conservation Committee website. The assessments set out the criteria and data taken into account in determining whether or not a species is considered to be in Favourable Conservation Status. See https://jncc.gov.uk/our-work/article-17-habitats-directive-report-2019/ for details

Regulation 3ZA of the Conservation (Natural Habitats) Regulations 1994 places a duty on Scottish Ministers to continue publishing assessments of conservation status every six years. There are no current plans to change the assessment methodology used.

Under Article 17 of the European Union (EU) Habitats Directive, the UK was required to assess and report on the conservation status of species listed in Annexes I, II, IV and V. The most recent report was submitted in 2019 and the UK assessments can be found on the Joint Nature Conservation Committee website. The assessments set out the criteria and data taken into account in determining whether or not a species is considered to be in Favourable Conservation Status. See https://jncc.gov.uk/our-work/article-17-habitats-directive-report-2019/ for details

Regulation 3ZA of the Conservation (Natural Habitats) Regulations 1994 places a duty on Scottish Ministers to continue publishing assessments of conservation status every six years. There are no current plans to change the assessment methodology used.

The following table provides a breakdown of the number of sites using and not using ADDs and those using anti-predator nets, for the period October 2018 to September 2019, for Cooke Aquaculture and the Scottish Salmon Company.

There are currently no applications for European Protected Species licences for the use of Acoustic Deterrent Devices at fish farms resulting from the review instigated last year by Marine Scotland. Marine Scotland will give due consideration to any European Protected Species licence applications that are submitted, based on the merits of each case.

In the spirit of openness and transparency, all EPS licences and applications will be placed in the public domain after a determination has been made.

Under Article 17 of the European Union (EU) Habitats Directive, the UK was required to assess and report on the conservation status of species listed in Annexes I, II, IV and V. The most recent report was submitted in 2019 and the UK assessments can be found on the Joint Nature Conservation Committee website. The assessments set out the criteria and data taken into account in determining whether or not a species is considered to be in Favourable Conservation Status. See https://jncc.gov.uk/our-work/article-17-habitats-directive-report-2019/ for details

Regulation 3ZA of the Conservation (Natural Habitats) Regulations 1994 places a duty on Scottish Ministers to continue publishing assessments of conservation status every six years. There are no current plans to change the assessment methodology used.