Acoustic deterrent Devices - Progress at last

With reference to the last post on 16 July we've had an email from Marine Scotland confirming that they have issued updated guidance to fish farms wanting to use seal screechers, essentially telling them that they will need to go through a licence application process and that licences will not be granted unless the rules are complied with. There follows the text of the letter sent to all fish farms on 30 July. I have removed the links in the letter, as they don't work!

Dear Sir/Madam 

Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) - Acoustic Deterrent Devices use at Scottish finfish farms 

I am writing to you on behalf of Scottish Ministers regarding the use of Acoustic Deterrent Devices (ADDs) at Scottish finfish farms. 

Current scientific evidence shows that cetaceans (whales, dolphins, and porpoise) may be disturbed by ADDs used at Scottish finfish farms. It is an offence to deliberately or recklessly disturb any cetacean under regulation 39(2) of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended). This letter therefore sets out what actions you should take in order to ensure that the use of ADDs is in compliance with the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) in relation to European Protected Species (EPS). Further supporting information can be found at Annex A. 

Action required by finfish farms deploying or intending to deploy Acoustic Deterrent Devices 

Where ADDs are currently used, or planned to be used at finfish farms, operators should complete the following steps: 

1. Undertake a full review of current ADD use at each site to establish whether their use could constitute an offence under Regulation 39 of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended). This review should take into consideration the guidance published by the Scottish Government on the protection of marine EPS from injury and disturbance, which can be found at Annex B and by following this link: XXX

The guidance issued by Scottish Natural Heritage on the use of ADDs within the Inner Hebrides and the Minches SAC, including the use of ADD deployment plans at the following link: XXX

which may usefully inform this review.

Where this review determines that a licence is required, and the operator wishes to use ADDs, the operator must make an application for an ‘EPS Licence’ to Scottish Ministers through MS-LOT. It should also be noted that where an operator makes such an application there is no guarantee that a licence will be granted.

Scottish Government is funding research which includes a comprehensive review of the current extent of ADD use across the aquaculture sector. In addition, as set out in Annex A, the Scottish Ministers are subject to a new statutory requirement to submit a report to Parliament by 1 March 2021 in relation to ADD usage. This requires Ministers to review the use, impact, monitoring and future regulation of ADDs, and whether existing provision on protection of animals and wildlife in relation to ADDs on Scottish fish farms is sufficient. Given this new statutory commitment in relation to ADDs and the ongoing need to ensure compliance with the Habitats Regulations, we would request that you continue to cooperate with Marine Scotland in carrying out this review over the coming weeks and months.

Marine Scotland will continue to work closely with the sector to provide assistance and advice on these issues as and when required.

If you have questions on a specific EPS application or licence please contact Marine Scotland Licensing Operations Team at MS.MarineLicensing@gov.scot

For more general queries please contact the Marine Scotland Marine Conservation Team at Marine_Conservation@gov.scot

Yours sincerely

Graham Black