Hebridean Partnership

Tigh-na-Mara

Eilean Duirinnis

Bonawe

OBAN

PA37 1RL

Richard Lochhead MSP

Cabinet Secretary for Rural Affairs and the Environment

Scottish Government Environment and Rural Affairs Department

Pentland House

47 Robb’s Loan

Edinburgh

EH14 1TY

14th September 2007,

Dear Minister,

Re: The PopulationDecline and Future Uncertainty for Scottish Seals:

A Call for a Scottish Conservation Order for Seals

Numerous concerns have been raised recently over the population decline of Common Seals, Phoca vitulina.Thereasons for thisdecline remain undetermined at this time.

Britainis home to approximately 40% of the world population of the European Sub-species (1)and Scottish waters hold 85% of the UKtotal (2). We, therefore, have important international moral and legal obligations to protect these seals and, if required,take whatever action we can to help restore these populations.

Due to the importance of the Scottish seal population, and for the reasons that follow, we believe that a Conservation Order for seals should be applied to the whole of the Scottish coast. At very least, to the inshore west coast populations, as it is these inshore seal populations that are vitally important for sustaining a vibrant tourist industry. What west coast town would be complete without its, “Boat Trips to the Seal Colony?”

TotalEuropean mortalities during the 1988 Phocine Distemper Virus(PDV) epidemic were in excess of 23,000 Common Seals, and in the 2002 outbreak around 30,000died (3).

The dramatic decline in the northern Scottish seal population between 2001 and 2006 of approximately 40 %(4) raises huge concerns. Another disease outbreak which has affected juvenile Common Seals in Denmark and Sweden this summer is due to another, as yet unidentified virus(5).

Although west coast inshore populations of Common Seals have so far been largely unaffected by the viruses, whichhave caused so much damage to North Sea seal stocks, numbers here also show a decline(4). These west coast Common Seals could be vital in the continued global survival of the species.

In addition to these threats from disease, Scotland in particular is hampered by the potential impact of unrecorded shooting of seals. This occurs throughout Scottish coastal regions, including those areas covered by EC Habitats Directives, Special Areas of Conservation (SACs) and Special Conservation Orders.

Figures from the Moray Firth SAC indicate a decline between 2-5% per annum between 1993 and 2004(4).Statistics recorded in the Moray Firth area indicated that between

66-327 Common Seals were shot each year between 1994 and 2002(4).

We had received many reports from the general public concerning the numbers of seal carcases being washed up on local beaches; several reports included eyewitness accounts of operators at fin fish cages shooting seals. The Lismore SAC formed part of an EC complaint submitted by the Hebridean Partnership in 2004. In addition to the numerous reports of seal shootings, one reported that 38 Common Seals were shot in two days by a contractor working for a local fin fish farm. However, no proper statistics are available as there is no legal requirement to record these shootings.

A “Management” group had been set-up consisting of SNH and local fin fish farm companies, to discuss the Lismore SAC, “seals management”, but seal shooting statistics were withheld.The SNH Chairman of theLismore Seal Management Forum advised the forum on 23rd May 2005, that if the numbers of seals which had been shot were recorded in the Minutes of the Forum meetings these figures could be obtained by members of the public under the Freedom of Information Act. As a result of this the Forum agreed not to record such information in the Minutes of their meetings.

Uncertainty surrounds the reasons for decline in seal numbers. Numerous reasons include: the effects of disease, accidental killing such as by-catch, deliberate shooting,fish stockshortages caused by over-fishing, climate changeprompting migration of fish species or other unknown causes.

The key-words concerning Scottish Seals are: Decline and Uncertainty.

We believe that reform of the Conservation of Seals Act 1970 may in the futurebe initiated through the Scottish Seals Forum but, as with all legislative procedures, this will take some considerable time. In the interim we ask that as a precautionary measure, in addition to Conservation Orders, firearms licence’s with variations to shoot seals be revoked and for new licence variations not to be issued.

One Section of the Conservation of Seals Act 1970 which causes confusion to some in the aquaculture industry is the so-called “Fisherman’s Defence” Clause”, Section 9 of the Act. This Section clearly states, seals can be shot in the vicinity of “fishing nets”. It does not say anything about fish farm cages. Proper clarification within the legislation might prevent numerous seals being shot for being in the vicinity of fish farm cages, structures which, when properly constructed, should be immune to seal damage.

In addition to the ethical, scientific and legal concerns over shooting globally important populations of both species of UK pinnipeds and in order to avoid seals being shot due to “mistaken identity” we believe that the Conservation Order should cover both UK pinniped species i.e. Phoca vitulina and Halichoeous grypus.

A Conservation Order covering Scottish waters would be in keeping with the SNP’s Five Key Themes for a “Greener Scotland” and would fulfil government requirements under the Rio“Earth”Summit 1992, and that of Agenda 21 covering the Precautionary Principle. The Precautionary Principle requires no scientific proof, although much exists, and could be put in place now whilst other avenues are being investigated.

The Scottish Government and the Scottish people are guardians of the important sealpopulations currently resident in our waters. It is these seal populations that provide immense enjoyment to a large proportion of residents and tourists whilst in Scotland. It is these seal populations that help to sustain our valuable tourist industry. In order to protect these seals and the associated revenue that they help to secure, we look forward to your reply and the establishment of a Conservation Order for seals on the west coast of Scotland and nationally around the Scottish coast.

Yours sincerely,

Mark Carter, Chairman Hebridean Partnership

References:

(1) JNCC. (2006). Audit Trail Supporting Conservation status assessment for Species: S1365: Phoca vitulina – Common Seal. Second Report by the United Kingdom under Article 17 on the implementation of the Directive (EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora - 92/43/EEC) from January 2001 to December 2006.Accessed on line at: (06-09-2007).

(2) P. M. Thomson, B. Mackey, T.R. Barton, C. Duck, & J.R.A. Butler. (2006). Assessing the potential impact of salmon fisheries management on the conservation status of harbour seals (Phoca vitulina) in north-east Scotland. Animal Conservation 10 (2007) 48-56, The Zoological Society of London.

(3) T. Härkönen, R. Dietz, P. Reijnders, J. Teilmann, K. Harding, A.Hall, S. Brasseur, U. Siebert, S.J. Goodman, P.D.Jepson, T.D. Rasmussen, & P. Thompson.(2006). A Review of the 1988 and 2002 phocine distemper virus epidemics in European harbour seals. Diseases of Aquatic Organisms. Vol. 68: 115-130, 2006,

(4)M. Lonergan, C.D. Duck, D. Thompson, B.L. Mackey, L. Cunningham & I.L. Boyd.Using sparse survey data to investigate the declining abundance of British harbour seals.Journal of Zoology (2007), in press.

(5)CommonWaddenSea Secretariat, Wilhelmshaven. (2007). Status Report Nos. 1-8: Update on the current seal epidemic (24 August 2007). Accessed on line at:

Copies of the Lismore SAC Seal Management Forum minutes can be supplied upon request.

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