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The Scottish Government is currently considering the recommendations of the farmer-led groups set up in the last parliament concerning future financial support for farmers. These included recommendations to improve animal health and welfare. The Scottish government is committed to working with farmers, crofters and others as we take this work forward.

The Scottish Government takes the welfare of all animals very seriously; and provision is made for the keepers of all animals to provide for their welfare under the Animal Health and Welfare (Scotland) Act 2006.

The Scottish Government is aware of calls for the phasing out of enriched cages for laying hens and farrowing crates for sows across Europe and will consider these carefully.

I refer the member to the answer to question S5W–35895 on 19 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 .

Marine Scotland has not granted any EPS licences for the use of ADDs or ASDs at fish farms. Marine Scotland does not hold information on whether or how many ADDs or ASDs are currently operating at fish farms. Marine Scotland will be undertaking an assurance process to verify that fish farms are complying with the requirements of the Habitats Regulations. This process is not necessarily governed by where farms are in the production cycle or the type of nets used.

The Scottish Salmon Producers Organisation announced on 1 March that the sector is no longer using ADDs that "may be considered to cause disturbance to cetaceans". We welcome the steps taken by the aquaculture industry to remove ADDs and have reminded them of their obligations in relation to European Protected Species.

The Scottish Government considers that making EPS licence applications by fish farms available publicly after a determination has been made is compliant with the Aarhus Convention. The Convention does not impose an obligation to involve the public in all decisions concerning activities which have the potential to harm the environment. Rather, the Convention applies in specific circumstances, to specific categories of activities.

Our decision to publish EPS licence applications has been made to promote openness and transparency in line with the Nolan Principles of Public Life.

The Scottish Government and NatureScot have not incurred any legal costs since 2016 defending ‘the right to kill beavers’.

Since 1 May 2019, beavers have had European Protected Species status and, as such, there is no right to kill beavers in Scotland. The Conservation (Natural Habitats, &c.) Regulations 1994 set out the circumstances in which licences may be granted to allow management of beavers, including lethal control for specified purposes. NatureScot is the licensing authority for the management of beavers in Scotland and may issue licences for the purposes set out in the 1994 regulations.

The papers cited in this question are both available in the public domain. The type of Acoustic Deterrent Device used in the Brandt et al. (2012) study (Lofitech) is only used in Scottish waters as a mitigation to move marine mammals out of areas where they may be injured by construction or blasting noise. It is not in use at Scottish fish farms (Scottish Government 2021).

The threshold applied by the Government of 120 dB re 1 µPa (rms) for the onset of potential disturbance from non-impulsive sounds is based upon guidance from the US National Oceanic and Atmospheric Administration ( ESA Section 7 Consultation Tools for Marine Mammals on the West Coast | NOAA Fisheries ).

Marine Scotland, which is a Directorate of the Scottish Government, published an information note and FAQs for operators of fish farms on the use of acoustic deterrent devices (ADDs) and the requirement for an EPS licence.

As required by the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020, the report submitted on 1 March to Parliament on the use of ADDs at Scottish finfish farms includes a chapter on the sufficiency of existing monitoring of ADD use. A conclusion of this report is that the Scottish Government will work with the sector and regulators to establish a more systematic process for gathering information on ADDs operated at Scottish finfish farms. This information will be used to inform future action.

The Government applies the threshold of 120 dB re 1 µPa (rms) for the onset of potential disturbance for non-impulsive sounds.

The sound pressure levels of the different Acoustic Deterrent Devices and Acoustic Startle Devices are available from the device manufacturers.

The Scottish Government is not aware of any published evidence establishing that the issues raised affect marine mammals in Scotland.