Guy Linley-Adams has been advising the Coastal Communities Network in Scotland in relation to the ongoing use of acoustic deterrent devices to deter seal attacks on salmon farms on the West Coast and in the Western Isles of Scotland.
It is unlawful under European law for the protection of species such as dolphins and porpoises for those animals to be deliberately or recklessly disturbed, but CCN argues that is exactly what acoustic deterrent devices do, even though their target species is seals.
Guy Linley-Adams has written to the Scottish Government over the likely legal challenge should Marine Scotland persist in allowing the use of ADDs without EPS licences under the Habitats Regulations. Furthermore, Scottish Government has been warned that the issue of such licences, when satisfactory alternatives to ADDs already exist, would itself be unlawful.
The Scottish Government must report to the Scottish Parliament early in 2021 as to its plans for ADDs.