Reported number of seal shootings since the ban came into force: EIR release

Information requested

Please tell me the number of reports of seal shooting since the ban came into place.

For each report, please tell me the location of the alleged incident, whether it was investigated, whether the allegations were substantiated, which organisation the perpetrator belonged to and what action was taken as a result.

Response

Under the Marine (Scotland) Act 2010 (“2010 Act”) it is an offence to kill, injure or take a live seal (intentionally or recklessly) unless under licence or to alleviate its suffering. Changes to the 2010 Act came into force on 1 February 2021 removing two grounds for which Scottish Ministers may grant a licence to take or kill seals. These were for the purpose of protecting the health and welfare of farmed fish and for preventing serious damage to fisheries and fish farms. The other licencing provisions under section 110 of the 2010 Act still remain, as does the exception to end a seal’s life humanely to alleviate its suffering.

I have compiled the information you have requested on all reports of seal shooting since 1 February 2021 in the table below. Please note that this table includes all alleged instances of shooting and those that were undertaken lawfully. 

Date and location of the alleged incident	Whether it was  investigated	Whether the allegations were substantiated	Organisation	Action taken as a result
17 March 2021: Loch Spelve, Mull	Information not held*	Information not held*	Scottish Sea Farms	Information not held*
24 December 2021: Orkney	Reported to Marine Directorate as per the  Marine (Scotland) Act 2010†	NA	Scottish Sea Farms	None. The seal was euthanised to alleviate its suffering in accordance with Section 108 of the Marine (Scotland) Act 2010
14 October, 2022: Wyre Marine Farm, Orkney	Reported to Marine Scotland as per the Marine (Scotland) Act 2010†	NA	Scottish Sea Farms	None. The seal was euthanised to alleviate its suffering in accordance with  Section 108 of the Marine (Scotland) Act 2010
9 February 2023: West Coast	No, due to insufficient evidence.	No	Information not held*	None, due to insufficient evidence.

*While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained below.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have asked for. In the case of information relating to the alleged incident at Loch Spelve, this is because investigations into the shooting of seals is a matter for Police Scotland to investigate. We are aware that Police Scotland received intelligence on this incident, however we do not hold details of their investigation. In the case of information relating to the alleged incident on the West Coast, this information was not supplied to us.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the number of reports of seal shooting since the ban came into place, clearly we cannot provide information which we do not hold.

However, you may wish to contact Police Scotland at foi@scotland.police.uk who may be able to help you.

†In accordance with Part 6 of the 2010 Act, it is not an offence for a person to end a seal’s life humanely for the purpose of alleviating its suffering. It is the duty of a person who kills a seal in this manner to report the matter as soon as reasonably practical after doing so. Both incidences that occurred in Orkney where seals were killed to alleviate their suffering were reported to Marine Directorate in accordance with the 2010 Act, and on advice of an attending veterinarian who made the decision that euthanasia was the only satisfactory way to end the seal’s suffering. No follow-up investigation was required.

Under our regulation 9 duty of the EIRs (to provide advice and assistance) we would like to advise you that there have been related information requests made on seal shootings that we have already responded to which may be of additional interest to you. You will find these published on our website here: Publications - gov.scot (www.gov.scot).

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.