Director of Planning and Development The Highland Council Glenurquhart Road Inverness IV3 5NX FAO: Your ref: 19/02076/FUL Date: 6 September 2019 Dear , TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997 CHANGE OF EQUIPMENT AND RELOCATION OF EXISTING SALMON FARM AT LEINISH, LOCH DUNVEGAN, ISLE OF SKYE Thank you for consultation regarding the above. Summary In our view it is unlikely that the proposals as currently described will have a significant effect on harbour porpoise or common seal associated with the two Special Areas of Conservation. Any future proposals to change the anti-predator methods should be re-assessed and we recommend that you consider whether it is necessary to impose conditions to that effect. Background The proposal is to change the equipment at an existing fish farm from 10 x 90m circumference cages to 8 x 120m cages. The equipment would extend further north than the existing farm. Maximum biomass would increase from 1700T to 2100T and a CAR licence variation has already been granted by SEPA for this change. A previous planning application was submitted for substantially the same development in December 2017 (17/05689/FUL). We had detailed discussions with Highland Council and the applicant regarding possible use of secondary anti- predator nets and Acoustic Deterrent Devices (ADDs). That application was withdrawn in February 2018. We welcome the current proposal to operate the farm without using those anti-predation methods. Appraisal of the impacts of the proposal and advice • Ascrib, Isay and Dunvegan Special Area of Conservation (SAC) The proposal lies close to and could affect Ascrib, Isay and Dunvegan SAC which is designated for its common seal population. The site’s status means that the Scottish Natural Heritage, King’s House, The Green, Portree, Isle of Skye, IV51 9BS Tel: 01463 701663 www.nature.scot Dualchas Nàdair na h-Alba, Taigh an Rìgh, An Àilean, Port Rìgh, An t-Eilean Sgitheanach, IV51 9BS. Fòn: 01463 701663 www.nature.scot requirements of the Conservation (Natural Habitats, &c.) Regulations 1994 as amended (the “Habitats Regulations”) or, for reserved matters the Conservation of Habitats and Species Regulations 2017 apply. Consequently, The Highland Council is required to consider the effect of the proposal on the SAC before it can be consented (commonly known as Habitats Regulations Appraisal). The SNH website has a summary of the legislative requirements: (https://www.snh.scot/professional-advice/safeguarding-protected-areas-and- species/protected-species/legal-framework/habitats-directive-and-habitats- regulations). In our view, it is unlikely that the proposal will have a significant effect on common seals within Ascribs, Isay and Dunvegan SAC, either directly or indirectly. An appropriate assessment is therefore not required. We have reached this judgement because: • The applicant proposes to use high break-strength mono nylon cage nets, tensioned using sinker tubes and slider weights; double netting at the bottom of the cages; an uplift system for the removal of morts. They state that this equipment has been successfully used in Shetland with no predation by seals, no need for ADDs and no seals shot. • The applicant states that they have ‘no plans to use separate anti-predator nets’. • They have committed not to use ADDs. Therefore the risk of seal mortality or disturbance arising from this development is low. However, you may wish to consider whether it is necessary to condition the anti-predator measures in order to maintain this situation in the future. Inner Hebrides and the Minches Special Area of Conservation (SAC) The proposal lies within Inner Hebrides and the Minches SAC designated for its harbour porpoise. The legislative requirements for this site are as detailed above. In our view, it is unlikely that the proposal will have a significant effect on harbour porpoise within Inner Hebrides and the Minches SAC, either directly or indirectly. An appropriate assessment is therefore not required. We have reached this judgement because: • The applicant proposes to use high break-strength mono nylon cage nets; • They have committed not to use ADDs which may disturb the porpoise. Therefore the risk of disturbance arising from this development is low. However, you may wish to consider whether it is necessary to condition the use of ADDs in case they are proposed in the future. 3. Landscape & visual Leinish fish farm lies within the North-West Skye Special Landscape Area (SLA) which is a regional landscape designation. A Landscape and Visual Impact Assessment was carried out by a chartered landscape architect in April 2017. We recommended the assessment should focus on visual impacts but the report offers little detail on this topic. However the visualisations are of good quality and allow us to make our own assessment of the proposals. 2 Due to the intricate coastline of Loch Dunvegan and the back-clothing when viewed from the opposite shore, the existing site is not particularly prominent except from close by (Husabost, Totaig and road near Skye Silver). The photomontages demonstrate that the proposed changes (in particular moving the farm north) will result in a minor to moderate increase in the visibility and prominence of the fish farm from viewpoints on the west side of the loch. However, the farm remains well aligned with the adjacent coast and remains subordinate in scale to the open water of the loch (including in views from the east side of the loch where multiple fish farms are visible). The decision to keep the feed barge at the south end of the farm reinforces the visual linkage with Leinish Bay. It also increases the chances of the barge being back-clothed by the dark coloured woodland in views from the opposite shore of Loch Dunvegan. Overall, we advise that, when compared with the existing farm, the proposed changes are unlikely to have more than local impacts and will not have a significant effect on the Special Qualities of the SLA. 4. Benthic habitats Benthic visual surveys were carried out September 2017. Two ROV transects were run, starting at the edge of the existing cages and travel N and E. The footage is good quality, allowing assessment of the biotopes present across the expanded depositional footprint. The footage shows fairly uniform burrowed mud habitats throughout the survey area. The species present are typical of this habitat and none of the rarer biotopes, and few of the rarer macro-faunal species, were recorded. Grab sample data is available from monitoring the existing fish farm site and is consistent with this assessment. We advise that these proposals do not raise any issues of national interest regarding PMF habitats or species. Please let me know if you would like clarification or any further advice regarding this case. Yours sincerely, Alex Turner Area Officer, Skye and Lochalsh [email protected] 3 CSG 1909_03 Paper 3: Threshold Approach to Underwater Noise Assessment and Management in Harbour Porpoise SACs Threshold Approach to Underwater Noise Assessment and Management in Harbour Porpoise SACs Cover note by: Summary The following paper re-presents the SNCB threshold approach to underwater noise assessment and management in harbour porpoise SACs. The approach was first presented to CSG in September 2017 and was endorsed by CSG as the foundation for SNCB advice to regulatory authorities and other stakeholders (excluding its application in Scotland1). The risks of CSG not re-affirming support for the approach are presented, as are developments that have taken place since 2017. Action Requested CSG are requested to re-affirm their 2017 decision to endorse the threshold approach & associated guidance. 1 Application in Scotland was not considered necessary primarily due to a different set of noise issues relevant to the single Scottish harbour porpoise SAC in the Inner Hebrides & Minches. CSG 1909_03 Paper 3: Threshold Approach to Underwater Noise Assessment and Management in Harbour Porpoise SACs Threshold Approach to Underwater Noise Assessment and Management in Harbour Porpoise SACs Paper by: 1. Introduction In September 2017 CSG discussed a time-area threshold approach to underwater noise management in harbour porpoise SACs2 and were presented with the joint agency (excluding Scotland3) draft guidance for approval. CSG endorsed the recommended approach with a strong emphasis on adaptive management and the intention was to publish the guidance for use by regulatory authorities at that time. Due to continuing concerns by the regulators at that time, publication was postponed while further commentary was received, and the regulators formed a pilot working group on matters of implementation. While points of detail have continued to be queried and addressed through SNCB inter-agency working mechanisms, the real crux of the problem has always been implementation of the approach by regulatory authorities. Implementation requires in-combination assessment and management across sectoral and regulatory boundaries (e.g. across renewable energy and oil & gas sectors). The primary activities of management concern outside of Scotland are pile driving, seismic exploration and UXO clearance operations, all of which create loud impulsive underwater noises. An impasse has persisted which has been unsatisfactory for all stakeholders and the guidance has remained unpublished. In recent months DEFRA has stepped in to take a lead facilitation role, convening and chairing regulatory meetings and most recently a stakeholder workshop on 12 July 2019. The main objective of the stakeholder workshop was to give all stakeholders a chance to say their piece and to move the debate to a point where the guidance is accepted (in the absence of viable alternatives) and work can move forward to practical implementation. The workshop was a significant step forward and practical points of implementation started to be seriously aired. While there are theoretically other approaches (e.g. statutory limits on sound levels propagated – currently advocated by the NGOs) no practical alternatives to the SNCB approach have been forthcoming.