Questions and answers

Question reference: S5W-35385

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 25 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government whether it has considered (a) any evidence that the new generation of low frequency acoustic startle devices disturb and elicit the so-called startle reflex in (i) bottlenose dolphins and (ii) any cetacean, and (b) any evidence that the hearing thresholds of cetaceans and pinnipeds overlap.

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.

Question reference: S5W-35390

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 25 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government (a) for what reasons it has not published the European Protected Species (EPS) licence applications for fish farm acoustic deterrent devices (ADDs) submitted by the 15 January 2021 deadline for public scrutiny, but has published EPS licence applications for ADDs used for other purposes, (b) whether it will publish the EPS licence applications for fish farm ADDs, (c) how much time after publishing the EPS licence applications it will allow for public and scientific scrutiny, and (d) whether it still intends to complete the licencing process by 1 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.

Question reference: S5W-35394

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 25 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government what information it has on the salmon aquaculture sector in Scotland for the period October 2018 to September 2019 for (a) Cooke Aquaculture and (b) the Scottish Salmon Company in regard to how many farms (i) used acoustic deterrent devices (ADDs), (ii) did not use ADDs and (A) used either double skinned anti-predator nets or single nets of stronger, more rigid materials such as Seal Pro nets and (B) used traditional single nets.

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.

Company name	Number of sites using ADDs	No of sites where ADDs are not used	Number of sites using anti-predator nets or Seal Pro nets (or equivalent)
Scottish Salmon Company	45	0	6
Cooke Aquaculture	0	35	35

Question reference: S5W-35389

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 25 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government whether it will revise its model for determining whether cetaceans can be restored to, or maintained at, Favourable Conservation Status, in light of any evidence that porpoises are not evenly distributed and that the habitats predicted to be of most importance to porpoises are also the areas where acoustic deterrent devices are 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.

Question reference: S5W-35393

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Friday, 26 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government what its position is on whether double skinned anti-predator nets, as called for by the Scottish Parliament's Environment, Climate Change and Land Reform and Rural Economy and Connectivity committees, and/or single nets of stronger, more rigid materials than traditional single nets represent "satisfactory alternatives" to acoustic deterrent devices.

Question reference: S5W-35305

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 18 February 2021
Current Status: Answered by Paul Wheelhouse on 10 March 2021

To ask the Scottish Government what action it is taking to ensure that the completion of the review of the ScotWind Leasing process by Crown Estate Scotland will conclude ahead of the pre-2021 election period.

Question reference: S5W-35392

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Friday, 26 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government what its position is on whether increased cost or inconvenience could be considered a valid reason to claim that an alternative to the use of acoustic deterrent devises is not a "satisfactory alternative"; whether the separation distance between the nets on a double skinned anti-predator net can be increased where there are concerns about seals stressing farmed fish, and whether nets are available in mesh size and type which pose no more risk to mammals and birds than traditional nets.

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.

Question reference: S5W-35387

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Thursday, 25 February 2021
Current Status: Answered by Ben Macpherson on 10 March 2021

To ask the Scottish Government whether it has any plans to revise its model for determining whether cetaceans can be restored to, or maintained at, Favourable Conservation Status to allow for situations where acoustic deterrent devices within a narrow channel may restrict migration and access to feeding and nursery grounds of a much greater area than that ensonified by the acoustic deterrent devices.

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.

Question reference: S5W-35565

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Friday, 26 February 2021
Current Status: Answered by Jamie Hepburn on 9 March 2021

To ask the Scottish Government whether retail sellers of prams and other essential baby equipment are included in the list of essential retailers under its COVID-19 regulations, and what the reasons are for its position on this matter.

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.

Question reference: S5O-05091

Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
Date lodged: Wednesday, 03 March 2021
Current Status: Taken in the Chamber on 10 March 2021

To ask the Scottish Government how it is protecting cetaceans from disturbance and injury caused by acoustic deterrent devices.

Chamber and committees