Download SNH FOI Reply ADD 2020 #2
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By email: Our Ref: SIR155552/A2999693 12 July 2019 Dear Information Request – Salmon Farms and ADD Use Thank you for your information request, which we received on 21 May. We have considered your request under the Environmental Information (Scotland) Regulations 2004 (‘the EIRs’). Your Request “Please provide the following information under FOI/EIR: Please see the attached spreadsheet which lists most of the salmon farms of Scotland. 1. Please could you provide information as to which farms are required by SNH to keep a log of Acoustic Deterrent Device (ADD) use and seal predation events which trigger them. 2. Please provide the log sheets for those farms for the past 5 years, giving the times when the ADDs were triggered, the number and make of the ADDs, and the evidence of seal predation. I am not interested in the names of the individuals who filled in the logs. 3. The spreadsheet shows 16 farms which are not allowed by SNH to use ADDs without an EPS licence (highlighted in yellow). Please provide correspondence between SNH and the farms and between SNH and Marine Scotland explaining why these farms require an EPS licence. 4. Please supply any information as to why SNH has not informed the other farms of the requirement to hold an EPS licence before ADDs can be used.” Our Response We have carried out a detailed search of the information we hold, and we have responded to each of your questions in turn. 1. Please could you provide information as to which farms are required by SNH to keep a log of Acoustic Deterrent Device (ADD) use and seal predation events which trigger them. Scottish Natural Heritage, Battleby, Redgorton, Perth, PH1 3EW Tel 01738 444177 Fax 01738 458611 www.nature.scot The fish-farms for which we have recommended that a log of ADD use be established and maintained by their operators are as follows. Relevant advice to the Local Authority concerned in each case is also provided. You should note, however, that we do not have the capacity to ‘require’ operators to maintain such logs, but make recommendations as appropriate to the relevant Local Authority. They may choose to endorse these or not as they see fit. − Gravir Outer, Western Isles. − East Tarbert Bay, Argyll & Bute − Fishnish A, Argyll & Bute − Fishnish B, Argyll & Bute − Bagh Dail Nan Cean, Argyll & Bute − Port Na Gille, Argyll & Bute − Port Na Croe, Argyll & Bute − Colonsay, Argyll & Bute − Portree Outer, Highland − Sconser Quary, Highland − Scalpay, Highland − Ru Chorachan, Highland − Invertote, Highland − Culnacnoc, Highland 2. Please provide the log sheets for those farms for the past 5 years, giving the times when the ADDs were triggered, the number and make of the ADDs, and the evidence of seal predation. I am not interested in the names of the individuals who filled in the logs. To date, we have not received any such logs. I therefore need to explain that this means that EIRs Regulation 10(4)(a) (Information not held) applies to this part of your request. 3. The spreadsheet shows 16 farms which are not allowed by SNH to use ADDs without an EPS licence (highlighted in yellow). Please provide correspondence between SNH and the farms and between SNH and Marine Scotland explaining why these farms require an EPS licence. It is not in our remit to permit or prohibit ADD use, but we do provide advice to Regulators (Local Authorities and Marine Scotland) on this, where appropriate. Our planning advice to the Local Authorities in relation to 15 of the 16 sites referred to is attached along with this letter, plus additional relevant correspondence we have on file in relation to five sites (Westerbister; Bay of Vady; Noust Geo / Backaland; Bring Head; Toyness). We have no information relevant to this request in relation to the Shuna site. Note that in many cases, the advice we have on file (see attached documents) makes no reference to EPS licence requirements; it may be that the apparent requirement for such a licence is based on historic advice from us. Please note also that, contrary to the assertion made in the email dated 15/09/16 (page 83 of the attached correspondence, and repeated on pages 86 and 91), SNH did not give any manufacturer permission to use ADD devices inside protected sites. As indicated above, it is not within our remit to permit or prohibit use of ADDs, whether in protected areas or not. 2 A2999693 4. Please supply any information as to why SNH has not informed the other farms of the requirement to hold an EPS licence before ADDs can be used. For commercial activities in the marine environment EPS licences are regulated and issued by Marine Scotland Licensing Operations Team (MS-LOT). SNH are formally consulted by MS- LOT as part of the licencing process, but it is not a statutory requirement for us to provide advice on whether or not a marine EPS licence is required. As marine EPS licencing is regulated separately by MS-LOT it is not directly relevant to the planning process and we do not routinely seek to provide the Planning Authority with advice in relation to the requirement for marine EPS licences. Information Not Released We have marked out (redacted) personal data in the documents provided. Releasing the personal data into the public domain in response to an access to information request would breach the Data Protection Act 2018. We are therefore withholding the information under EIRs Regulations 11(1) and 11(2) (Personal data). We have also redacted a very small amount of commercially confidential information. Disclosing the information into the public domain in response to an access to information request would be likely to cause substantial harm to a legitimate economic interest. We are therefore withholding the information under EIRs Regulation 10(5)(e) (Confidentiality of commercial or industrial information). We have concluded that, in this case, it is not in the public interest for SNH to release information that would harm a legitimate economic interest. How We Handled Your Request We believe you have asked for environmental information as defined in the Environmental Information (Scotland) Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle requests under the EIRs. If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website: http://www.itspublicknowledge.info/nmsruntime/saveasdialog.aspx?lID=5487&sID=5024. Review and Appeal I hope this information meets your requirements but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days. If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner. The Scottish Information Commissioner can be contacted at: 3 A2999693 Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews Fife KY16 9DS Online appeal service: www.itspublicknowledge.info/Appeal Website: http://www.itspublicknowledge.info/ Telephone: 01334 464610 Yours sincerely Rhoda Davidson Rhoda Davidson Information Officer [email protected] 4 A2999693 Meeting with Scottish Sea Farms 11th November 2008 Present: Sally Davies and Dave Mealand from Scottish Sea Farms, Charlie and Lesley Sinclair from Xodus, Esther Pawley from SNH. Summary of discussion: Scottish Sea Farms wish to install automatic feed barges on four of their sites (eventually all of their sites). These being: • Toyness, Orphir • Bring Head, Hoy • Puldrite, Rendall • Veantrow Bay, Shapinsay SSF wish to increase the size of the majority of their fin fish farms in Orkney, but for now were just applying for the installation of these four feed barges. Photographs of the barges intended for the Puldrite and Veantrow sites were shown – these are presently in Shetland and resemble boats painted in blue and white/grey. They hold 70 and 100 tonnes of feed respectively. The dimensions of the smaller barge are 22 x 6 x 4m, the larger would be a couple of metres longer and wider. The design had not been decided for the Scapa Flow sites, but I requested that the choice of colour be justified for each site and suggested that a dark, muted, matt colour may be more suitable for Bring Head, which is within the Hoy and West Mainland NSA, and from many view points would be viewed against dark shoreline/cliffs of Hoy. Landscape and Visual impact assessments: Xodus went through the potential sensitive receptors for each of the sites – they will be undertaking this work for SSF. Leslie will supply me with a copy of the last visual assessment undertaken for Bring Head/Toyness as supplementary information. Barge lighting: Lighting would be necessary throughout the winter months when there are personnel aboard the barge. This is usually within the working day, but will include evening work when harvesting occurs, although this only takes up to two hours. EP – to advise SSF that the lighting be shielded/directed as necessary to reduce visual impact. Barge locations: The barges would be positioned end on to the array of cages on the inshore side in each case. This is to reduce the impact of the waves on the barge.