Friday 9 March 2012 SCOTTISH EXECUTIVE Enterprise and Environment Jean Urquhart (Highlands and Islands) (Scottish National Party): To ask the Scottish Executive what measures it can take to address the difficulties being faced by the Scottish whitefish fleet after being excluded from Faroese fishing grounds. (S4W-05594) Richard Lochhead: The recent talks in Reykjavik did not result in an EU/Faroes agreement for 2012, as a consequence of which there will be no access to Faroes waters by Scottish vessels again this year. That is regrettable in view of the interest of Scottish vessels in fishing these waters. I anticipate now that the European Commission will return quotas to Member States which would otherwise have been transferred to the Faroes Home Government in return for access. In that event, I will reflect on how best to allocate those quotas to Scottish vessels, taking into account the interests of the Scottish fleets and associated onshore economic interests. Tavish Scott (Shetland Islands) (Scottish Liberal Democrats): To ask the Scottish Executive what financial target it has for total penalties being applied or to be applied to crofters and farmers under the Integrated Administration and Control System (IACS) of land measurement. (S4W-05602) Richard Lochhead: The Scottish Government does not have a target for levying financial penalties on farmers and crofters who over declare land in support of CAP subsidies (IACS). Any penalties that are applied arise from non-compliance with the definition of what constitutes eligible land and are calculated in accordance with a set formula. These aspects (definition and formula), however, are determined by European regulation and not by Scottish ministers. Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Executive, further to the answer to question S4W-04383 by Richard Lochhead on 19 December 2011, whether it will identify (a) the 10 special protection areas with marine extensions that Marine Scotland has considered licence applications for, (b) the seven licence applicants, (c) the seven licence applications that have had appropriate assessment and (d) on what basis the four licence applications that received consent were considered to have no significant impact on the favourable conservation status of the special protection areas. (S4W-05608) Richard Lochhead: The four marine licences that have received consent were granted to Shetland Islands Council, Aquamarine Power (2a), Wello Oy, and Shapensay Sound. The three applications which are still under consideration are Nova Innovation, Aquamarine Power (2b & c), and Scappa Flow. Marine Scotland had originally considered the possible impacts on 10 special protection areas with marine extensions. They are; Fetlar, Hoy, Marwick Head, Sule Skerry and Sule Stack, West Westray, Rousay, Calf of Eday, North Caithness Cliffs, Copinsay, and Hermaness, Saxa Vord, and Valla Field. A recent update of the Shapensay Sound appropriate assessment has added North Rona and Sula Sgeir special protection area to this list. The appropriate assessment for the Shetland Islands Council application concluded that loss of 0.002% of habitat and the utilisation of a non driven pile construction method would not adversely affect the integrity of the Fetlar SPA. The appropriate assessment for the Shapensay Sound application concluded that based on the results of the collision risk modelling for the relevant birds species there would not be an adverse affect on the integrity of the following SPAs; Hoy, Marwick Head, Sule Skerry and Sule Stack, West Westray, Rousay, Calf of Eday, North Caithness Cliffs, Copinsay, North Rona and Sula Sgeir. The appropriate assessment for the Wello Oy application concluded that the permanent surface visibility of the device meant that potential collision risk was minimal. Potential displacement was also considered to be minimal for the relevant birds species and therefore would not adversely affect the integrity of the following SPAs; Hoy, and Marwick Head. The appropriate assessment for the Aquamarine Power application concluded that the frequent surface visibility of the device meant that potential collision risk was minimal. Potential displacement was also considered to be minimal for the relevant birds species and therefore would not adversely affect the integrity of the following SPAs; Hoy, and Marwick Head. Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Executive whether Marine Scotland, Scottish Natural Heritage or any other public body records and monitors the accidental bycatch of seabirds in the fishing gear of vessels operating out to 200 nautical miles. (S4W-05609) Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Executive whether it has established if the accidental bycatch of seabirds in fishing gear in the waters around Scotland out to 200 nautical miles has a negative impact on seabird populations. (S4W-05610) Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Executive how it ensures that the accidental bycatch of seabirds in fishing gear does not impact negatively on the favourable conservation status of special protection areas. (S4W-05611) Richard Lochhead: The UK by catch observer programme, between 1996 and 2010, has records for 1,552 observed trips on vessels using static net fishing gear in ICES Area IV and ICES area VII. These trips have resulted in 10,666 hauls being observed with only 74 hauls resulting in accidental bycatch of seabirds For 2010 and 2011 Marine Scotland’s observer programme was active on 129 pelagic and demersal trawl fishing trips in ICES Area IV and ICES area VI. No accidental by catches of seabirds were observed on these trips. In 2011 there was a bycatch of 17 fulmars in the longline fishery by vessels from other member states, operating in ICES area VI. Additional monitoring in this fishery is currently being investigated to ascertain any impacts. Based on the low level of observations of accidental by catch it is unlikely that there is a negative impact on seabird populations, or the favourable conservation status of special protections areas. Michael McMahon (Uddingston and Bellshill) (Scottish Labour): To ask the Scottish Executive how many times ministers have contacted court appointed administrators regarding companies entering administration in each year since 2007; which administrators were involved, and what companies were subject to the administration. (S4W-05910) Fergus Ewing: This information is not held centrally and could only be obtained at disproportionate cost. However, the Scottish Government does publish, on a monthly basis six months in arrears, details of all engagements carried out by all Ministers since 1 April 2008. The link to the website is: http://www.scotland.gov.uk/About/14944/Events-Engagements/MinisterialEngagements Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Executive how many seal licences were issued during 2011 under section 110 of the Marine (Scotland) Act 2010 to the nominated marksmen who (a) had undertaken and passed and (b) were still required to complete the relevant seal management course. (S4W-05923) Richard Lochhead: A Professional Development Award in Seal Management was developed and approved by the Scottish Qualifications Authority and local colleges commissioned to produce the necessary materials to deliver this course. Seal licences are issued to licensees and not individual marksmen, who are nominated by the licensees. At the start of 2011, 27 nominated marksmen had completed the relevant course and another 37 completed it during that year. 62 nominated marksmen have still to complete the relevant course. Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Executive what the average number of fish farms was on each licence issued under section 110 of the Marine (Scotland) Act 2010 in (a) 2011 and (b) 2012, and what the largest and smallest number of fish farms was per licence. (S4W-05924) Richard Lochhead: The average number of fish farms on each licence issued under section 110 of the Marine (Scotland) Act 2010 in (a) 2011 is 6.6 and (b) 2012 is 7.4. The largest number of fish farms on any single licence is 32 and the smallest number 1. Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Executive what staff resources are available to (a) administer and (b) monitor the seal licensing scheme operated by Marine Scotland under section110 of the Marine (Scotland) Act 2010. (S4W-05925) Richard Lochhead: Three staff posts are available, one each at B2, B1 and A4 grades respectively, to administer and monitor the seal licensing scheme. It should be noted, however, that seal licensing represents significantly less than 50% of each of their duties. Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Executive how many site visits Marine Scotland has made to assess the use of non-lethal methods of deterring seals. (S4W-05926) Richard Lochhead: Marine Scotland has made no site visits specifically to assess the use of non- lethal methods of deterring seals. Instead Marine Scotland is currently supporting a number of scientific research studies on seal predation and the practicality and effectiveness of non-lethal measures in preventing this with a view to producing advice for both fisheries and fish farms. Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Executive what data was used to establish the limits for the use of potential biological removals (PBR) of (a) grey and (b) common seals in 2012, broken down by seal management area. (S4W-05927) Richard Lochhead: The basis for the potential biological removal (PBR) figures, which takes account of the latest population trends, can be found on the Marine Scotland web-site at: http://scotland.gov.uk/Topics/marine/Licensing/SealLicensing/PBR. Claudia Beamish (South Scotland) (Scottish Labour): To ask the Scottish Executive whether there is a reduction in the number of potential biological removal of seals (PBR) used in 2012 when compared with the same period in 2011 and, if so, whether it considers that this is because of the further depletion of seal populations.