Carrying on with the series on EPS disturbance as provided by Marine Scotland guidance:
The Habitats Directive specifies the periods of rearing, breeding, hibernation and migration as being particularly sensitive periods in the context of disturbance. The Commission Guidance recognises that:
- Species are very different ecologically, biologically and behaviourally so a species-by-species approach is needed to determine in detail the meaning of disturbance.
- ‘The intensity, duration and frequency of repetition of disturbances are important parameters when assessing impact on a species. Many forms of disturbance will have very little detectable impact on marine wildlife; however, several factors can transform what appears to be minor into significant disturbance.
- A case-by-case approach means that there is a need to reflect carefully on the level of disturbance to be considered harmful, taking into account the specific characteristics of the species concerned and the situation.
Some important points there – different species behave differently, factors can combine to transform minor disturbance into something significant and the need to look disturbance on a case by case basis. So, an 800% increase in oil transfers with associated disturbance and increase in shipping within one of the most sensitive areas for bottlenose dolphins. While the guidance goes on to talk about the need to consider the rarity and conservation status of the species involved, it states:
“An activity which does not have an effect on the conservation status of the species, however, could still constitute disturbance”
Therefore, even if an STS licence is granted by the MCA, which require an Appropriate Assessment and if somehow, the applicant could convince the MCA that that conservation status of bottlenose dolphins could be maintained (which we think that cannot be done, assuming a fair assessment in undertaken), then disturbance could still be caused. This would require Marine Scotland to issue an EPS licence and STS stopped dead in the water. Why then does the Scottish Government insist its nothing to do with them? We will demonstrate that in due course as we continue to expose this tangled web.
