Seal licensing system: third review

6. Review of the current operation of the seal licensing system

This section reviews the operation of the seal licensing system from 1 September 2020 to 31 December 2024.

In completing this review, the Scottish Government took into consideration views from internal and external stakeholders, including but not limited to, NatureScot, SMRU, and river fishing interests (e.g., Fisheries Management Scotland (FMS), Scottish Gamekeepers Association (SGA)). These views have been captured throughout the following sections of the review, including any recommendations that have been made. A summary of responses to the questionnaire can be found in Annex A.

6.1 Application process

6.1.1 Seal licence applications

Since 2020 there has been significant changes to the licence application process. Notably, the application form and associated guidance was updated in 2021 to reflect the removal of two licensable purposes from the 2010 Act. The new application form was specifically designed for the purpose of conserving seals or other wild animals (including wild birds) or wild plants (S110(1)(c)).

A seal management portal for applicants is also under development that will streamline the application process, allowing applicants to review the progress of their application.

* Single licence granted in 2022 was for 3 years

** Licence not active until 2025

Licence applications are currently made between 1 and 31 January each year for the licence period which runs from May to April. This process was necessary due to the historic need to balance a large number of licence applications against Potential Biological Removal (PBR). However, since the changes to the 2010 Act came into force on 1 February 2021, the number of applications received for seal licences has reduced to a level where it is now possible to compare requested take under licence against PBR on a continuous basis. Stakeholders providing feedback also noted that year-round licence applications would allow for more efficient management of resources within MD-LOT, SMRU and NatureScot as well as allowing applicants to be more responsive to emerging issues. A year-round application system would also be in line with other existing marine licensing functions.

Recommendation 1: The application process should move to year-round licensing.

6.1.2 Seal licence application form

The current online application form requires applicants to provide details of the river on which it is proposed to kill seals, detailed descriptions of seal predation behaviour, species of the seal(s), use of non-lethal measures, other conservation measures that have been undertaken to conserve the specified species, and a method statement.

The review found that the current format makes the inclusion of additional information, such as tables, charts, or photographs to support licence applications difficult. Section 7 of the application form also limits the submission of seal predation data to number of seals/ predation events observed in the river in the last year, which can limit the quality of information that can be submitted and makes it harder for river managers to share data from previous years.

Section 8 of the application form requires applicants to state the non-lethal measures they have undertaken to prevent seals from entering rivers. The current rigidity of the sub-sections does not allow for flexibility or nuance regarding different river specifications or for the inclusion of innovative non-lethal strategies.

Recommendation 2: The application form should be updated to provide applicants with more flexibility to support their application, including the ability for applicants to submit more data and the removal of sub-sections in relation to specific non-lethal measures in Section 8.

6.1.3 Guidance for seal licence applications

The review found that there is currently a lack of guidance on the nature of evidence required to support seal licence applications. This includes a lack of guidance on the evidence required to demonstrate the presence and activity of specialist seals that predate on salmon in rivers, including standards for photo-identification evidence. The review considered the current scientific advice, which is that the presence of seals in rivers is highly likely to be for foraging purposes ^[6], therefore evidence of feeding behaviour is not necessary. However, this advice also notes that evidence is required to show that repeated visits are by the same seal(s) for lethal control to be effective⁶. The review therefore concluded that there was merit in providing guidance on the types of evidence on seal behaviour that are required to support a licence application.

The review also found that there is a lack of guidance on the level of evidence required to demonstrate that non-lethal methods have been trialled and found unsuccessful. It was suggested that example protocols for the deployment of non-lethal measures could be provided to supplement guidance.

Recommendation 3: Clearer guidance should be provided on the evidence required to support a licence application for the purpose of conserving seals or other wild animals (including wild birds) or wild plants (S110(1)(c)).

6.1.4 Consultation process

It is a statutory requirement to consult with UKRI when granting or varying a licence. SMRU is a UKRI institute who supply advice to Government on the management of seals in the UK and its sovereign waters^[7]. SMRU are consulted on behalf of UKRI, including on the provision of PBR on an annual basis. In their response to this review, SMRU suggested that they would welcome a wider role in the consultation process, and could comment on the evidence presented in relation to the presence of seals and the non-lethal measures implemented. MD-LOT also seek advice from NatureScot on all licence applications and must gain their consent before granting licences in a protected area.

Under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), Habitats Regulations Appraisal (HRA) is required where there is likely significant effect on a European site. Current practice by MD-LOT is to undertake a HRA for all applications for sites in the vicinity of Special Areas of Conservation (SACs) or Special Protection Areas (SPAs) for qualifying features, as advised by NatureScot, or Natural England where the river crosses into England, for example the River Tweed.

As part of the internal consultation process, MD-LOT seeks advice from SEDD on freshwater fisheries where required. However, to avoid duplication with advice from NatureScot, advice on marine mammals is no longer routinely sought from SEDD.

Consultees are provided with copies of the applications (with personal information removed) and provide MD-LOT with any comments or particular conditions.

The review concluded that no further changes were required to the consultation process, which was viewed as fit for purpose. No recommendations have therefore been proposed, however discussions will continue between Scottish Government and SMRU as to where they could provide additional advice as part of their consultation response.

6.1.5 Impacts of the seal licensing system on seal conservation

SMRU provides advice to Scottish Government on the impacts of the seal licensing system on seal conservation in the form of Potential Biological Removal (PBR) figures. PBR provides key scientific support for the seal licensing system by setting an upper limit for anthropogenic losses permitted in each SMA. This ensures that the number of seals permitted to be taken or killed under licence would not cause the wider seal population to decline to less than the optimum sustainable population size in each SMA. It should be noted that PBR in a given SMA includes all anthropogenic losses.

MD-LOT uses the PBR to consider the appropriate number of seals that can be granted under licence in each of the seal management areas, while maintaining a suitable buffer for other anthropogenic impacts. In certain areas, the number of seals applied for under licence may exceed the PBR, however MD-LOT does not grant more seals than the PBR allows, and aims to keep well below the PBR.

Since the early 2000s there have been some significant declines in local harbour seal populations. Based on surveys between 2016 and 2023, the total harbour seal population in Scotland has decreased by around 17% compared to the previous composite counts covering the years 2011-2019^[8]. It should be noted that the latest survey for North Coast & Orkney and Shetland SMUs was in 2019, however both are due to be surveyed this year. Scottish Government commissioned research into the drivers of the harbour seal decline, which ruled out legal shooting as a driver of the decline, given that licences for legal shooting are determined at a level that ensures no population impact on seals^[9].

The review concluded that the total number of seals for which licences have been issued in each Seal Management Area have not reached a level that may adversely impact on local seal populations and are substantially below the PBR for each species. PBR is also still the recommended method for use in determining lethal take.

6.1.6 Application fees

There has been no change to seal licence application fees since the last review. Following consideration, the review has concluded that there will continue to be no charge associated with seal licence applications, although this will remain under review. This is consistent with other wildlife licences, such as marine European Protected Species (EPS) licences

6.1.7 Appeals

There has been no changes to the informal appeal process since the last review. Appeals are carried out by a panel made up of persons external to MD-LOT. This panel contains members from the Marine Environment Portfolio within Marine Directorate to ensure specific expertise on seal management policy, as well as other areas to ensure impartiality. The panel reviews the licensing information and appeal request. Once a decision is reached, MD-LOT and the appellant are notified. Any changes to a licence as a result of an appeal are carried out by MD-LOT, using their normal process.

There have been eight appeals relating to licence applications for ten rivers since February 2021. The original licencing decisions were upheld in all instances.

No changes to the appeal process are recommended as a result of this review.

6.2 Non-Lethal Measures

6.2.1 Background

Information on use of Non-Lethal Measures (NLMs) is considered by MD-LOT in its determination of a seal licence applications. NLMs include use of particular types of management or equipment to deter seals from rivers or reduce seal – salmon interactions. Applicants must demonstrate the use of the NLMs to show that lethal removal is the last resort.

Scottish Government previously commissioned research on non-lethal measures which concluded that rivers in Scotland present a particular challenge due to the variability of their physical characteristics, geography, flow characteristics, the scale and timing of salmonid runs and levels of seal activity which makes a standardised one-size-fit all method impossible. However, there are a range of methods that have had some success or have the potential to reduce predation, even if only temporarily.

6.2.2 Acoustic deterrent devices

Acoustic Deterrent Devices can be used to deter seals from entering rivers and travelling upstream by introducing noise into the marine environment. Previous research in rivers found that they can be effective in deterring seals (SCOS, 2024), but that effectiveness varies between locations and is dependent on mode of deployment and various hydrological features. Furthermore, triggering deterrents only when seals are present can also increase their effectiveness and reduce the potential for impacts on non-target species (Harris et al., 2025). Research to develop an automatically triggered detect and deter system is ongoing (SCOS, 2025).

6.2.3 Other types of non-lethal measures

There are a range of other non-lethal methods that may be used to reduce seal predation, however these have varying levels of feasibility and success. The only other measure that is currently available to river managers in Scotland is mild forms of harassment (e.g. shouting, hitting the water) which may disrupt foraging behaviour in the short term but does not stop specialist seals returning to rivers.

Physical barriers can exclude seals from rivers in the first place, reducing or removing the issue of seal predation, however the burden of permissions, installation and maintenance of such barriers, and the potential damage to salmonids mean this is not likely to be a practical option in Scotland (SCOS 2024).

Non-lethal removal, or translocation requires specific skills and training, and has additional safety implications in a riverine environment. Furthermore, recorded attempts to translocate harbour seals have found this to be only temporarily effective, with seals rapidly returning to their capture sites (Thompson et al., 2020). SCOS therefore advise that this is not a viable option in Scotland.

6.2.4 Future work to improve non-lethal measures

The Scottish Government continues to support research aimed at improving understanding of seal-salmon interactions and investigating NLMs to address seal predation in river fisheries.

A programme of work has been commissioned for 2025-28 to undertake collaborative trials of automatically triggered ADDs in different river conditions, providing an improved understanding of the efficacy of non-lethal measures on different seal species and in different riverine environments.

Recommendation 4: Work should continue to improve the efficacy of non-lethal measures in deterring seal predation in rivers.

6.3 Research licences

Licences for scientific, research or educational purposes (S110(1)(a)).

The review has concluded that there has been some significant delays between application and granting of authority to conduct studies requiring capture and/or sampling of seals. In some cases this has impeded efforts to conduct the research which is required to provide evidence to inform conservation and management measures. Additionally, this has the potential to preclude a rapid response to the onset of a disease event or any other response to acute environmental perturbations.

While discussions are underway between MD-LOT, NatureScot and SMRU, there is a need to find a workable solution to this issue.

Recommendation 5: MD-LOT to work with NatureScot to reduce delays in granting licences to conduct studies requiring capture and/or sampling of seals.

6.4 Shooting of seals

6.4.1 Training of marksmen

Section 111 (1) (2) of the Act requires that Scottish Ministers must not grant a seal licence authorising a person to kill seals by shooting unless they are satisfied that the person has adequate skills and experience in using firearms

To meet this requirement, marksmen are required to have completed a Professional Development Award (PDA) in seal management which assesses their skills and experience for operating as marksmen under the seal licensing system.

The review found that the PDA in seal management course was withdrawn by the Scottish Qualifications Authority (SQA) in 2024 due to lack of demand following the changes to the 2010 Act. Scottish Government is working with SQA to update and reinstate the seal management course in light of the changes and ensure that the training remains fit for purpose. It should be noted that this will have no impact on any existing qualifications held by marksmen.

Recommendation 6: The seal management course should be reinstated and updated to ensure that marksmen can meet the requirements of the 2010 Act.

6.4.2 Seal licence returns

Licensees are required to report shooting of a seal within 48 hours on the online seal management portal using a seal licence return. If a licensee fails to do so, Marine Directorate Compliance is notified and this information is used to investigate and consider any action required.

6.4.3 Carcass recovery

There have been no changes to the carcass recovery requirements or process since the last review. It is a condition of the seal licence that, where possible, reasonable steps should be taken to recover carcasses. In this context, recovery refers to retrieval of carcasses by licensees, who must then also report the carcass to SMASS, who may arrange for collection.

Seal carcasses can provide important information on seal populations and post-mortem can be used to confirm the animal was killed humanely. Even if the licensee cannot recover, or SMASS is unable to collect the carcass, either due to resource limitations or carcass quality, the shooting must still be reported so it can be noted and cross-checked if the carcass is later recovered or found elsewhere.

It should be noted that no seals have been shot since the change in licensable purposes in 2021, however there are currently several active licences which have been issued for the conservation of wild Atlantic Salmon since 2021. This means that carcass recovery and reporting remains an important issue.

Recommendation 7: It is recommended that the recommendation of the 2020 review on importance of carcass recovery and reporting to SMASS must be reiterated to licence holders and those applying for seal licences.

6.5 Code of practice

The latest version of the Seal Management Code of Practice was published in 2018. The content of the Code has not been updated for some time and still requires updating to reflect the changes in licensable purposes allowed following changes to the 2010 Act. It was recommended in the 2020 review that the Code be updated and the present review found that this recommendation still stands.

Recommendation 8: It is recommended that the Seal Management Code of Practice needs to be updated as a matter of priority to reflect the most up to date science and the changes to the purposes for which licences can be granted.