The Scottish Government has launched an investigation after receiving complaints from environmental conservationists over the use of “seal scarers” by a company which has fish farms in Argyll and Bute.
The row is over the use of acoustic deterrent devices (ADDs), aka seal scarers, which are used to deter seals from attacking fish farms by emitting a sound in the water they find unpleasant.
Critics of seal scarers – devices branded as “sonic torture” – claim they cause hearing damage and stress in dolphins, porpoises and whales and therefore breach legislation to protect cetaceans.
The farmed salmon industry says seals are a major problem and it is “critical” that farmers have deterrents to protect their livestock. According to the Scottish Salmon Producers Organisation (SSPO), net breaches in 2019 led to 500,000 lost fish.
The use of ADDs is allowed but remains controversial. In March the Scottish Government published a report expressing “particular concern” over the number of finfish farms using the devices. The report said they can have “unintended consequences for non-target species, particularly cetaceans which are listed as European Protected Species”.
A newer generation of ADDs have been developed that “reduce sound outputs at frequencies most likely to cause disturbance”, the report said, adding that questions remained over the “efficacy of these devices in deterring seals and the potential for impacts on non-target species”.
To coincide with the Scottish Government’s report the SSPO announced in March that the sector is no longer using ADDs that “may have been considered to cause disturbance to European Protected Species”.
SSPO’s Anne Anderson said then: “Scottish salmon farmers are not using any acoustic deterrent devices that may have been considered to endanger cetaceans such as dolphins, porpoises and whales.
“As such the Scottish salmon farming sector is committed to, where necessary, only using acoustic devices that have been scientifically proven to be compliant with the US Marine Mammals Protection Act (MMPA).”
But now The Ferret has seen a copy of a complaint submitted to both Police Scotland and Scottish ministers by Inside Scottish Salmon Feedlots (ISSF), an environmental conservation group which opposes open cage salmon farming, and Clyde Porpoise CIC, a marine mammal project.
It refers to the use of seal scarers at 10 fish farms operated by The Scottish Salmon Company (TSSC) in Argyll and Bute. Clyde Porpoise and ISSF said these ADDs have been disturbing porpoises, which, they claim, would be an offense under Wildlife Countryside Act 1981 and Nature Conservation Scotland Act 2004.
They also pointed out that fish farms must obtain a European Protected Species (EPS) licence to operate an ADD unless they can demonstrate the equipment does not disturb porpoises. These licences can be issued by government agencies to permit activities that would otherwise be illegal.
Marine Scotland guidance says: “It is your responsibility as the fish farm operator to determine whether you need to apply for an EPS licence. However given current scientific advice, it is likely that an EPS licence will be required for all currently available ADDs unless you can demonstrate that the device( s) operating at your site will not cause disturbance to cetaceans.” The industry maintains that an EPS licence is not required if no harm is being caused.
In the complaint Clyde Porpoise CIC said it monitored seal scarers at 10 TSSC fish farms in May and June, claiming “the output frequency is well within sensitive hearing range of harbour porpoise and amplitude at a level known to disturb the animals”.
David Nairn, of Clyde Porpoise CIC, said: “Our surveys support the overwhelming scientific evidence base that porpoises are being impacted by these devices.”
Corin Smith of ISSF said: “This is a powerful and groundbreaking investigation by community groups, which ultimately comes down to the simple issue of trust.
“People will rightly ask why salmon farms in Scotland should be allowed to operate to weaker environmental standards than the same companies in other countries? Can communities and the Scottish Government really trust what the salmon farming industry says?”
A spokesperson for TSSC said: “The welfare of our salmon is of paramount importance and, like any farmer on land or sea, we have a responsibility to keep our stock free from stress and harm. This includes protecting our stock from attacks from predators like seals.
The Ferret Media Ltd