Seal licensing system: third review

3. The seal licensing system in Scotland

Part 6 of the 2010 Act makes it an offence to kill, injure or take a live seal except in accordance with a licence issued for killing or taking of seals, or to alleviate their suffering. The seal licensing system has been in operation since 31 January 2011, when the first licences were issued. Licences may be granted for one of the eight licensable purposes listed in section 110(1) of the Marine (Scotland) Act 2010. In the review period, licences were granted for the following purposes listed in the 2010 Act:

• for scientific, research or educational purposes,
• to conserve seals or other wild animals (including wild birds) or wild plants,

3.1 Changes to the seal licensing system

On 17 June 2020, the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 passed its final stage in the Scottish Parliament. The Act contained provisions to improve the conservation and welfare prospects of seals by amending the 2010 Act to increase the penalties associated with the offence of killing, injuring or taking seals (intentionally or recklessly) in line with other serious wildlife crimes.

It also removed two grounds for which Scottish Ministers can grant licences authorising the taking or killing of seals. These were for the purposes of protecting the health and welfare of farmed fish (Section 110 (1) (f) and preventing serious damage to fisheries or fish farms (Section 110 (1) (g). This was a significant change to the seal licensing system as prior to this change the majority of licences issued were for these two purposes. See Table 1 for the number of seals shot under licence before the change came into force on 1 February 2021.

Due to these legislative changes, Aquaculture Production Businesses (APBs) are no longer able to apply for licences to shoot seals under these purposes, therefore are not considered further in this review.

3.2 Licences for scientific, research or educational purposes

In the review period, licences for scientific, research or educational purposes have been granted to take seals for the purpose of tagging and sampling. The number of licences granted is shown in Table 2. There is no pro-forma for submitting applications for this type of licence so application is made by letter to Marine Directorate Licensing Operations Team (MD-LOT).

3.3 Licences to conserve seals or other wild animals (including wild birds) or wild plants

During the period of this review, licences to kill seals have been granted under Subsection 110 (1) (c) for the purpose of conserving seals or other wild animals (including wild birds) or wild plants, which in all cases has been for the conservation of wild Atlantic salmon. The number of licences granted during this period is shown in Table 3. It should be noted that in this period no licences have been issued under this purpose for harbour seals due to significant declines in some local populations.

* Single licence granted in 2022 was for 3 years

** Licence not active until 2025

Applications are submitted in January of each year for the next licensing period which runs from May to April each year. Where a licence under this purpose is sought, the application form will need to include information such as the following:

• details concerning the presence and activity of seals
• explanation as to why the control of seals is deemed to be necessary for this purpose
• evidence that there is a need to kill or take seals for the conservation of wild animals

A separate seal licence application must be made for each river in order that MD-LOT is provided with sufficient specific details in respect to the use of non-lethal measures and the circumstances in which seal predation is considered a problem.

Applications for licences to conserve wild Atlantic salmon will consider the current conservation grade of the river/area and additional conservation activities being undertaken such as mandatory or voluntary catch and release.

3.4 Other licensable purposes

There is no pro-forma for submitting applications to kill or take a seal for any other licensable purpose, so persons that wish to apply for such a licence are directed to MD-LOT for guidance.

3.5 Determination of applications

MD-LOT considers licence applications on behalf of Scottish Ministers. As set out in the 2010 Act, Scottish Ministers must consult UKRI before granting or varying a seal licence. Scottish Ministers must also obtain the consent of Scottish Natural Heritage (NatureScot) before granting or varying a seal licence authorising the killing or taking of seals in or associated with a protected area.

In addition to these statutory consultees, MD-LOT also seeks advice on applications from Marine Directorate Science, Evidence, Data & Digital (SEDD) as required.

For each Seal Management Area (SMA), SMRU provides information on the annual maximum number of seals which could be removed from the population by all anthropogenic means (based on the Potential Biological Removal (PBR) calculation), while maintaining the population above its Optimal Sustainable Population size. The current PBR numbers for grey and harbour seals are published annually and can be found online at the Special Committee on Seals reports webpage: https://www.smru.st-andrews.ac.uk/scos/scos-reports/index.html.

After determination of the applications, MD-LOT notifies the decision, including issuing any successful licences, to applicants. Licence duration validity can vary in length. Unsuccessful applicants can appeal the decision as per the informal process laid out in response letters to applicants.

3.6 Reporting under licence

Licensees are required to report any seal killed within 48 hours by submitting a seal licensing reporting form to md.marinelicensing@gov.scot. Failure to comply with a licence condition is an offence. Licensees must also return quarterly reports (including where no seals have been killed) under Section 113 of the Act.