2. To ask the Scottish Government how it is protecting cetaceans from disturbance and injury caused by acoustic deterrent devices. (S5O-05091)

The Scottish Government is committed to protecting marine wildlife, including whales, dolphins and porpoises. The current regulatory framework provides a high level of protection for cetaceans, with rigorous processes in place to ensure that action can be taken where required.

A report on the use of acoustic deterrent devices at fish farms was laid in Parliament on 1 March, as required under the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020. The report explores the sufficiency of the regulatory framework and identifies where further action is required, and we will work with the sector and relevant stakeholders to take that forward.

That report, which was published to Parliament last week, made no firm conclusion beyond requesting more data gathering and research. Can the Minister confirm how many licences for the use of ADDs Marine Scotland has granted under the European protected species scheme? Will Marine Scotland pursue legal action against fish farms that continue to use the devices without a licence, especially when the use of thicker nets to protect against seal damage would be a reasonable alternative?

I refer the member to the report. As he will be aware, it concludes that, if necessary, additional measures will be introduced to ensure that a consistent approach is taken in order to meet international obligations. Following the review that Marine Scotland instigated last year, there are no licences under the European protected species scheme for the use of acoustic deterrent devices at fish farms.

Marine Scotland has criticised fish farms that are not sticking to the rules on properly reporting the shooting of seals under licence. What action is being taken to ensure that those rules are being properly enforced?

As the member will be aware, on 1 February, a change to the Marine (Scotland) Act 2010 came into force that removed two grounds under which the Scottish ministers was able to grant a licence to kill or take seals. As would be expected, the appropriate bodies are enforcing the legislation.