The Scottish Government

Legislation

Seals

Fisheries

Fish Farms

Tools for managing seal populations and constraints on their use

Conservation of Seals Act 1970

1. This Act prohibits certain methods of taking or killing grey and common (harbour) seals.

COSA applies within the limits of the seas adjacent to Scotland.

Grey and common seals are protected from certain indiscriminate methods of taking or killing. (e.g. poisons and inappropriate firearms).

In addition as species listed in Schedule 3 of the Conservation (Natural Habitats etc) Regulations 1994, grey and common seals are protected from being taken or killed in other indiscriminate ways - listed in Regulation 41(3) (see below).

Management tools:
Section 1 only permits the (otherwise lawful) shooting of seals by a properly licensed individual using an appropriate firearm.

Section 9 (1) (c) (the so-called netsman's defence) provides a defence against criminal liability, where a seal is killed to prevent damage to 'fishing nets or tackle', or to fish captured in these nets or tackle, provided that at the time the seal was in the vicinity of these nets or tackle.

Section 10 (1) (c) allows the Scottish Government to grant a licence to any person to kill seals using prohibited methods for 'the prevention of damage to fisheries'.

Constraints:
The Scottish Government must consider the possible effect on the conservation status of seal populations prior to the issuing of any licence.

Management Tools:
Section 1 only permits the (otherwise lawful) shooting of seals by a properly licensed individual using an appropriate firearm.

Constraints:
The Scottish Government takes the view that fish farms may not use the defence in Section 9 (1) (c), since fish farm nets or cages do not satisfy the definition ' fishing nets or tackle.'

The Scottish Government takes the view that licences may not be granted to fish farms under Section 10 (1) (c), since they do not satisfy the definition 'fisheries'.

2. COSA also provides seals with additional legal protection during specified 'close seasons' (the respective breeding/moulting periods for grey and common seals).

Section 2 provides additional protection from killing for grey and common seals during their respective 'close seasons':

Grey seals - September 1 to December 31 inclusive.

Common (harbour) seals - June 1 to August 31 inclusive.

Section 10 (1) (c) allows the Scottish Government to grant a licence, even during the 'close season', to any person to kill seals for 'the prevention of damage to fisheries'.

Constraints:
The Scottish Government must consider the possible effect on the conservation status of seal populations prior to the issuing of any licence.

Constraints:
As above, the Scottish Government takes the view that fish farms may not utilise Sections 9 (1) (c) or 10 (1) (c).

Therefore management within 'close seasons' on fish farms must be achieved through the use of non-lethal measures i.e. acoustic deterrents and tensioned anti-predator nets.

Conservation of Seals (Scotland) Order 2004 and 2007

These Orders were introduced in response to concerns about recent declines in common seal numbers within the Moray Firth which might represent a threat to its favourable conservation status. They will remain in effect indefinitely.

The Orders extend the existing 'close season' restrictions on the killing of seals to the whole year for common (harbour) seals in the areas covered by the Conservation Orders and grey seals in the Moray Firth.

Management Tools:
1. Section 1 of COSA applies only to seals outwith the areas covered by the conservation orders.

2. Sections 9 and 10 of COSA apply as above.

Constraints:
The Scottish Government has to consider the effect on the conservation status of seal populations prior to the issuing of any licence.

Management Tools:
1. Section 1 of COSA applies only to seals outwith the areas covered by the conservation orders.

Constraints:
As above.

Conservation (Natural Habitats etc) Regulations 1994 (as amended)

The Habitats Directive (Council Directive 92/43/EEC) aims to contribute to the conservation of biodiversity by taking measures designed to maintain or restore certain natural habitats and wild species to 'favourable conservation status'. [ 1] This includes specific duties for the designation of Special Areas of Conservation (SACs).

Note: The Habitats Directive extends out to 200 nautical miles from baselines. Its implementation beyond 12nm is subject to the UK Offshore Marine Conservation Regulations.

Under Regulation 41, grey and common (or harbour) seals are identified as Schedule 3 species (for which SACs must be designated).

As Schedule 3 species, grey and common (harbour) seals are also protected from being taken or killed in certain ways - listed in Regulation 41(3).

Note: Under Regulation 41, Atlantic salmon in freshwater are also identified as Schedule 3 species (for which SACs must be designated).

Management Tools:
Regulation 44 allows individuals to apply for a licence to take/kill seals, in the ways proscribed in Regulation 41(3), for the specific purposes of 'conserving wild animals or wild plants' or 'preventing serious damage to...fisheries'

Constraints:
Evidence must be provided to show that there is no satisfactory alternative, and that such actions would not be detrimental to the favourable conservation status of the seal populations.

Management Tools:
The regulations allow management of seals through non-lethal measures i.e. acoustic deterrents and tensioned anti-predator nets.

Constraints:
The use of acoustic deterrents and tensioned anti-predator nets will be subject to the test of significant disturbance of the seal population within an SAC.