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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.

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.

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.

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 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.

Aquaculture companies use a range of non-lethal management measures to protect their stock including robust netting material and anti-predator nets. Information detailing the relative use of anti-predator or Seal-Pro nets by Cooke Aquaculture Scotland and the Scottish Salmon Company is provided in answer to S5W-35394 on 10 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 .

A European Protected Species licence can only be granted provided that it meets three tests, including that there must be no satisfactory alternative. 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.

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.

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.