Questions and answers

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-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-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 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-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-35384

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, further to the answer to question S5W-30448 by Mairi Gougeon on 15 July 2020, whether Cooke Aquaculture Scotland salmon farms use stronger, more rigid nets to enclose its stock than the Scottish Salmon Company farms and, if such nets are in use, what its position is on whether there are "satisfactory alternatives" to the use of acoustic deterrent devices.

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 .

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.

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 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-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-35304

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 additional resources it is providing to its agencies to ensure timely consenting of offshore wind projects that are successful in the ScotWind leasing round.

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 , available on the Scottish Government website, can help facilitate this.

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.

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Chamber and committees