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Marine (Scotland) Act 2010

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This is the original version (as it was originally enacted).

110Seal licences

This section has no associated Explanatory Notes

(1)The Scottish Ministers may grant a licence (a “seal licence”) authorising the killing or taking of seals—

(a)for scientific, research or educational purposes,

(b)to conserve natural habitats,

(c)to conserve seals or other wild animals (including wild birds) or wild plants,

(d)in connection with the introduction of seals, other wild animals (including wild birds) or wild plants to particular areas,

(e)to protect a zoological or botanical collection,

(f)to protect the health and welfare of farmed fish,

(g)to prevent serious damage to fisheries or fish farms,

(h)to prevent the spread of disease among seals or other animals (including birds) or plants,

(i)to preserve public health or public safety, or

(j)for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.

(2)Before granting a seal licence under subsection (1)(g), the Scottish Ministers must have regard to any information they have about—

(a)damage which seals have already done to the fishery or fish farm concerned or to any other fishery or fish farm which is in the vicinity of, or which is of a similar type to, the fishery or fish farm concerned, and

(b)the effectiveness of non-lethal alternative methods of preventing seal damage to the fishery or fish farm concerned or to any other fishery or fish farm which is in the vicinity of, or which is of a similar type to, the fishery or fish farm concerned.

(3)The Scottish Ministers may require an applicant for a seal licence under subsection (1)(g) to provide them with such information about the matters mentioned in paragraphs (a) or (b) of subsection (2) as they reasonably require for the purposes of assisting them to decide whether to grant the seal licence.

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