Chamber and committees

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.

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.

Marine Scotland has published an information note and FAQs for operators of fish farms on the use of acoustic deterrent devices and the requirement for an EPS licence. This makes clear that reasons such as an increase in cost or inconvenience are not satisfactory reasons for why an alternative measure s has not been considered.

As well as causing direct injury and mortality to farmed fish and damage to cages and nets, the presence of seals close to the cages may cause stress and distress to the fish which may be a welfare concern for fish farm operators. Technical questions regarding net separation and mesh size would need to be assessed on a case by case basis in relation to EPS license applications.

A partnership project between Marine Scotland and Crown Estate Scotland has investigated non-lethal measures to address the problem of seal predation at fish farms, including new netting materials and anti-predator nets. The report considers options available, those requiring further development, and their potential for impacts on non-target species. The report will be published before the end of March 2021.

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.

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.

Only essential retail is able to remain open in an area which is categorised as Level 4. Non-essential retail is open in Level 3 areas and below. An updated list of Essential retailers came into force on the 26 December in regulations that responded to the emergence of a new strain of the virus.

Baby equipment stores are not currently included in the list of essential retail however can operate online and as a permitted collection service.

We consider these restrictions essential in response to the emergence of a new strain of the virus that we have seen spread much faster in parts of the UK, and to minimise longer-term impacts on both public health and our economy.

The Scottish Government has said direct payments made to individual recipients will be capped in the transition period.

Since then we have had to deal with the combined impacts of COVID-19 and Brexit. Faced with these challenges, we decided to prioritise maintaining CAP payments to support the rural economy and the legislation required to ensure the CAP/SRDP could continue in 2021.

Capping is still under active consideration but requires careful work to ensure it does not detrimentally impact the rural economy, there is advance notice of any changes, and that any funding raised is used for clear outcomes that support Scottish Government priorities. The timeframe for this means any decisions will be for the next Parliamentary session.

We are also committed to co-develop new ways of working with our farming and crofting communities through farmer-led groups supported by scientific and economic expertise from SRUC and our main research providers, and will consider the outcomes from these groups in reaching our decisions.

The budget for the Agri-Environment Climate Scheme (AECS) in 2021-22 is a reflection of forecast spend for ongoing existing five year contracts, as well as the contract extensions for agreements that ended in 2020. A further round of AECS was opened in January 2021 to support delivery of a wide range of environmental measures, with a focus on protected areas, organics, management supporting farmland waders, corn buntings and corncrakes, slurry stores and improving public access.

In addition the Agriculture Transformation Fund has provided £16.8m to around 3,500 individual applications for capital machinery that should assist in reducing GHG emissions in the sector and £1.5m for forestry and farm woodland planting, which will help farmers diversify into forestry and fund more small-scale farm woods.

We also announced funding of £20 million in the 2020-21 budget for peatland restoration with a commitment to invest more than £0.25 billion over 10 years to support restoration of 20,000 ha of Scottish peatland annually towards a total of 250,000 hectares by 2030.

All of this funding supplements funding designed to pursue environmental objectives, such as ensuring that in 2019-20, Scotland’s proportion of new woodland creation in the UK was 81%

Scheme and budget decisions must be taken at programme level and reflect the available budget. We have prioritised agri-environment support, but that is made difficult as a result of the decision by the UK Government to cut funding by £170m and their decision to only have a one-year spending review that means there is no legally committed funding agreement beyond 2021-22. The lack of funding guarantees and continued uncertainty means SG must be very careful when entering into multi-annual agreements such as AECS.

The actual area of land continuing under management will be led by the eligibility and quality of applications, the options applied for and the scoring threshold selected for the different elements that provide the greatest benefit for the budget available. We have set a closing date for the end of June, later than normal to allow land managers sufficient time to consider the options and prepare high quality applications. The options identified in the restricted round will cover less land area, but will provide targeted support for continuity of management and protection for Scotland’s most vulnerable habitats and species, along with continuing to support organic farming with its universally accepted benefits for biodiversity and climate change.

We have prioritised agri-environment support in the face of significant cuts to the budget resulting from the UK Government reneging on public commitments that farmers and crofters would not be worse off as a result of leaving the EU. As it stands, Scotland’s farmers and rural communities stand to lose £170 million over the 2021-22 to 2024-25 period as a result of Brexit.

We continue to support farmers, crofters and land managers to play their part in cutting emissions, addressing climate change as well as delivering wider biodiversity and environmental benefits. Currently, a range of CAP schemes including Greening, Agri-Environment Climate Scheme, Beef Efficiency Scheme and Forestry Grant Scheme are providing funding in this area.