1 Aims, Scope and Format of the Road Map

1.1 Background and Aims

Phase 2 of the former Firth of Forth Zone includes Berwick Bank Wind Farm for which consents and licences (as set out below) are being sought. This Project includes both the offshore wind turbine generators (hereafter referred to as wind turbines) and associated offshore infrastructure, as well as onshore grid connection and associated infrastructure.

The Marine Mammal Road Map covers assessments in relation to the Berwick Bank Wind Farm, seaward of Mean High Water Springs (MHWS), as well as any impacts of offshore infrastructure on onshore receptors landward of MHWS (e.g. seal haul outs). This Road Map does not consider basking sharks or otters, or onshore impacts of onshore infrastructure (landward of MHWS). Consent and licence applications for the onshore and offshore components of the Project are being submitted separately. The offshore components of the Project are hereafter referred to as ‘The Proposed Development’

Key components of the Proposed Development include:

wind turbines;
wind turbine foundations;
inter-array cables;
offshore substation platforms (OSPs)/Offshore convertor station platforms; and
offshore export cables.

The Proposed Development requires the following consents, licences and permissions:

a Section 36 consent under the Electricity Act 1989;
marine licence(s) under the Marine and Coastal Access Act (MCAA) 2009;
a marine licence under the Marine (Scotland) Act 2010 for the part of the offshore export cables which is within 12 Nautical Miles (NM) of the coast; and
planning permission under the Town and Country Planning (Scotland) Act 1997 for all infrastructure located landward of Mean Low Water Springs (MLWS) and seaward of MHWS.

The aim of this Marine Mammal Road Map is to support agreement with key stakeholders on the information provided by Berwick Bank Wind Farm Limited (BBWFL), a wholly owned subsidiary of SSE Renewables Limited (hereafter referred to as the Applicant) in relation to marine mammals and underwater noise (associated with potential impact on marine mammals) offshore Environmental Impact Assessment (EIA) and the Report to Inform the Appropriate Assessment (RIAA), as part of the Section 36 Consent Application and Marine Licence Applications for the Proposed Development. This Marine Mammal Road Map documents discussions and agreements between the Applicant and the key stakeholders listed in section 2.

This Marine Mammal Road Map seeks to ensure that the information supplied in the consent Applications listed above is compliant with the requirements of the following regulations, hereafter referred to as the EIA Regulations:

Section 36 consent application: The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017;
marine licence application: The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 and The Marine Works (Environmental Impact Assessment) Regulations 2007; and
a planning application: The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.

As well as the following regulations, hereafter referred to as the Habitats Regulations:

the Conservation (Natural Habitats &c.) Regulations 1994 (as amended);
the Conservation of Habitats and Species Regulations 2017 (as amended)[1]; and
the Conservation of Offshore Marine Habitats and Species Regulations 2017 (as amended)1 (which apply to marine licences and Section 36 applications within the Scottish Offshore region.

As part of engagement in the Marine Mammal Road Map process, it was envisaged that the Applicant and key stakeholders would:

provide information in a timely manner;
be transparent and consistent in provision of advice;
provide effective involvement in the stakeholder engagement process;
aim to adhere to the programme of meetings set out in this Road Map (see section 3); and
seek to identify any issues or additional data requirements as early as possible.

The Applicant sought to provide this Road Map as an accurate record of meetings held, discussions undertaken and points of agreement relating to the offshore EIA and Habitats Regulations Appraisal (HRA) marine mammal assessments.

1.2 Scope

The Marine Mammal Road Map was used as a tool to facilitate early and on-going engagement with key stakeholders, throughout the pre-application phase of the Proposed Development up to the point of Application submission. This included consultation on the developing baseline characterisation, approaches to data analysis, underwater noise modelling, assessment of significance, and development of the final application documentation. This Marine Mammal Road Map was a ‘live’ document which was used to reach and record points of agreement, for example on scoping impacts out of the offshore EIA and RIAA, and agreeing the level of assessment that were presented for impacts scoped in to the offshore EIA and RIAA, so that the focus in the assessment documents in support of the Application are on likely significant effects as defined by the EIA Regulations, and Likely Significant Effects (LSE) as defined by European case law associated with the Habitat Directive.

The Marine Mammal Road Map sought to agree the following as a minimum, however additional points of agreement/discussion were required, and these were discussed with key stakeholders and documented within this Road Map:

receptors expected to occur within the zone of influence (ZoI) of the Proposed Development;
key impacts that require to be assessed relevant to both draft offshore EIA and RIAA (including Unexploded ordnance (UXO), and those that can be scoped out from further assessment);
study area and data sources to be used to inform the baseline characterisation, including additional evidence requirements;
approach to analyses of site-specific data and results of interim data report;
density values for key species;
project design envelope and maximum design scenarios;
underwater noise modelling methodology including approach to assessment of effects and population modelling;
approach to cumulative and in-combination assessments;
sensitivity of the relevant receptors and evidence available on potential impacts;
approach to the offshore EIA, including the determination of significance of effects;
potential measures which could be applied to remove significant effects and agreement on specific mitigation to reduce risk of effect (to be included in a Marine Mammal Mitigation Plan (MMMP)); and
outputs of the offshore EIA and assessments to inform HRA.

For all the above, the Marine Mammal Road Map sought to record key areas of agreement and outstanding points of discussion.

Marine mammal survey scopes have been presented and agreement sought prior to this Road Map process with the consultees listed under section 2, and consideration of survey scopes is therefore not included further in this Road Map as no modifications were raised.

1.3 Format

Figure 1.1 Open ▸ outlines the key stages of the EIA and HRA processes, and how the Marine Mammal Road Map proposed to facilitate engagement during key stages and steps. The first stage of the Marine Mammal Road Map process was to agree the aims, scope and format of the Road Map, and the proposed timetable for engagement as set-out in this document.

The remainder of the Marine Mammal Road Map is set out as follows:

section 2: identifies the key statutory stakeholders to the Marine Mammal Road Map;
section 3: outlines the proposed marine mammal offshore EIA and HRA programmes for the Proposed Development. It includes the programme of meetings and provides a record of meetings that have taken place in relation to the marine mammal offshore EIA and HRA assessments;
section 4: provides a summary of discussions, areas of agreement and areas of outstanding agreements in relation to the marine mammal offshore EIA and HRA assessments. The aim was to have as few issues as possible outstanding at the point of Application submission; and
section 5: summarises the position (agreement/areas of outstanding points of discussion) at the point of Application submission.

Figure 1.1: Key Stages of the Proposed Development

2 Key Stakeholders

It was proposed that the aims of the Marine Mammal Road Map would be achieved through engagement with the following key statutory stakeholders:

Marine Scotland Licencing and Operations Team (MS-LOT);

Marine Scotland Science (MSS); and
NatureScot.

The aforementioned key stakeholders attended all the meeting held.

Table 2.1 Open ▸ sets out the remit, role in the offshore EIA/HRA processes and the key contact for each of the stakeholders listed above.

Consultation with Natural England with regard to the Southern North Sea Special Area of Conservation (SAC) and its consideration within the Offshore EIA Report with regard to transboundary impacts, and also the RIAA was undertaken through the offshore EIA Scoping and offshore LSE screening stages.

Table 2.1: Remit, Role and Contact for Key Stakeholders Associated with the Marine Mammal Offshore EIA and HRA Road Map

3 Programme

3.1 Marine Mammal Offshore EIA and HRA Programme for the Proposed Development

Table 3.1 Open ▸ below sets out the programme for key stages of the pre-application process in relation to the Berwick Bank Wind Farm.

Table 3.1: EIA and HRA Project Programme for Proposed Development

3.2 Programme of Marine Mammal Road Map Meetings

Table 3.2 Open ▸ sets out the programme for stakeholder meetings in relation to key aspects of marine mammal technical assessments. These were scheduled to take place at key points of the pre-application phase and were in line with the key deliverables set out in Table 3.1 Open ▸ and the Marine Mammal Road Map process. The meetings listed in Table 3.2 Open ▸ are also listed within Figure 1.1 Open ▸ . All meetings were held via conference calls unless otherwise specified. This was due to Covid-19 pandemic restrictions throughout the pre-Application phase.

The Applicant has presented an overview of the consenting and Road Map process and the points of discussion that have taken place as part of this Marine Mammal Road Map. In addition, as requested by MMS-LOT an Audit Document for Post-Scoping Discussions has also been provided in volume 3, appendix 5.1, summarising key points of advice received subsequent to receipt of the Berwick Bank Scoping Opinion in February 2022 and LSE screening advice, and how these have been addressed in the Application documents.

Table 3.2: Programme for Stakeholder Engagement: Marine Mammals

3.3 Record of Marine Mammal Meetings

Table 3.3 Open ▸ records the meetings that have taken place, the attendees and the key discussion points in relation to the marine mammal offshore EIA and HRA assessments. This table was updated after each meeting and a tracker representing this table as circulated to all attendees as a record of the meeting and the key points of discussion. Table 3.3 Open ▸ does not record full minutes, however a meeting minute reference is provided for each meeting in this table and meeting minutes have been circulated following each meeting.

Table 3.3: Record of Marine Mammal and Underwater Noise Meetings Undertaken as part of the Marine Mammal Road Map

4 Record of Discussions

This section of the Marine Mammal Road Map documents discussions and areas of agreement or outstanding discussion points following each meeting as set out in section 3. Further detail on key aspects of discussion are provided in meeting minutes which are not appended to this Road Map.

The following subsections record associated discussion:

receptors expected to occur within the ZoI of the Proposed Development – section 4.1;
key impacts that require to be assessed relevant to both draft offshore EIA and RIAA (including UXO, and those that can be scoped out from further assessment) – section 4.1;
study area and data sources to be used to inform the baseline characterisation, including additional evidence requirements – section 4.1;
approach to analyses of site-specific data and results of interim data report – section 4.2;
density values for key species – section 4.2;
Proposed Development design envelope and maximum design scenarios – section 4.3;
underwater noise modelling methodology; approach to noise impact assessment; population modelling – section 4.3;
approach to the CEA – section 4.3;
sensitivity of the relevant receptors and evidence available on potential impacts – section 4.3;
approach to offshore EIA, including the determination of significance of effects – section 4.3;
potential measures which could be applied to remove significant effects and agreement on specific mitigation to reduce risk of effect (to be included in a MMMP) – section 4.3; and
initial outputs of the offshore EIA and RIAA supporting the HRA assessment – section 4.3.

4.1 Receptors, Key Impacts and Data Sources

This section aims to document and agree key areas of agreement and outstanding discussion points associated with the marine mammal baseline for the Proposed Development EIA and HRA. These include the following:

receptors expected to occur within the ZoI of the Proposed Development;
key impacts that require to be assessed relevant to both draft offshore EIA and RIAA (including UXO, and those that can be scoped out from further assessment); and
study area and data sources to be used to inform the baseline characterisation, including additional evidence requirements.

Table 4.1 Open ▸ summarises the points of discussion, areas of agreement and outstanding discussion points in relation to the marine mammal baseline for the Proposed Development.

Table 4.1: Summary of Discussion and Agreed Position on Marine Mammal Baseline Data for the Offshore EIA and HRA

4.1.1 Additional Details on Key Discussions

4.1.1.1 Baseline characterisation:

4.1.1.1.1 Scientific literature:

Bottlenose dolphin PhotoID surveys and SAC site condition monitoring (May-September 2009 to present) (Quick et al., 2014; Cheney et al., 2013; Arso Civil et al., 2019; Cheney et al., 2018);
Bottlenose dolphins for coastal east Scotland (Arso Civil et al., 2021; Arso Civil et al., 2014; Palmer et al., 2019);
East Coast Marine Mammal Acoustic Study (ECOMMAS) Passive Acoustic Monitoring (PAM) data (2013 to present) (Brookes, 2017);
Marine Ecosystems Research Program cetacean density surfaces (1980 to 2018) (Waggitt et al.,2020);
Seal haul-out counts (up to 2019) (Data provided by SMRU);
Seal telemetry (1990 to 2018) (Data provided by SMRU);
Small Cetaceans in European Atlantic Waters (SCANS) III (July 2016) (Hammond et al., 2017);
SCANS II (July 2005) (Hammond et al., 2006);
SCAN-III Block R (Hammond et al., 2021);
Seal at-sea usage (telemetry: 114 grey seals and 239 harbour seals, count: 2015-2020) (Carter et al., 2020);
Forth and Tay Offshore Wind Developers Group cetacean survey data analysis report (2009 to 2011) (Mackenzie et al., 2012; King and Sparling, 2012);
JNCC Report 544: Harbour Porpoise Density (1994 to 2011) (Heinänen and Skov, 2015);
Analysis of The Crown Estate aerial survey data for marine mammals for the Forth and Tay Offshore Wind Developers Group (1994 to 2011) (Grellier and Lacey, 2011);
Joint Cetacean Protocol Phase III (1994 to 2010) (Paxton et al., 2016);
Cetacean Baseline Characterisation for the Firth of Tay: Bottlenose dolphins (PhotoID: 2009 and 2010, PAM: 2006 to 2009) (Quick and Cheney,2011); and
Regional Baselines for marine mammal knowledge across the North Sea and Atlantic areas of Scottish waters (2020 report on MUs for marine mammals) (Hague et al., 2020).

4.1.1.1.2 Historic specific surveys:

The Crown Estate aerial surveys (Grellier and Lacey, 2011) providing inshore and offshore waters (including Firth of Forth and Tay) surveyed between May and August 2009 and November 2009 and March 2010;
Seagreen Firth of Forth Round 3 (Sparling, 2012) providing visual boat based surveys carried out between May 2010 and November 2011.The survey area comprised the Firth of Forth Round 3 Zone (approximately 2,850 km2); and
Seagreen Phase 1 (boat-based surveys May to August 2017).

4.1.2 Summary Statement of Final Position

The lists of receptors, impacts and relevant sites to be scoped in and out of the offshore EIA assessment as well as the baseline characterisation data sources followed the suggestions from the Applicant in Table 4.1 Open ▸ with the inclusion of the following advice from the stakeholders agreed by the Applicant:

consideration of MUs as reference populations against which to assess impacts and the use of SCANS III Block R as harbour porpoise vulnerable subpopulation;
use of the latest information on the five year weighted mean abundance estimates for bottlenose dolphin and data from SCOS report 2021 for the assessment;
Southern Trench MPA screened out; and
the impacts of low order techniques scoped in the assessment.

4.2 Data Analyses of Site-Specific Data and Density Estimates

This section aims to document and agree key elements of the marine mammal data analysis for the Proposed Development offshore EIA and HRA. These include the following:

approach to analyses of site-specific data and results of interim data report; and
density values for key species.

Table 4.2 Open ▸ summarises the points of discussion, areas of agreement and areas of outstanding non-alignment in relation to the marine mammal data analysis for the Proposed Development.

Table 4.2: Summary of Discussion and Agreed Position on Marine Mammal Surveys and Data Analysis

4.2.1 Summary Statement of Final Position

The data analysis approach for the assessment of effects and the interim results followed the suggestions and data presented by the Applicant as agreed with the stakeholders as in Table 4.2 Open ▸ with regards to the following agreed points:

the perception bias is not an issue since the cameras can be angled to reduce glare;
the availability bias is accounted for absolute and relative densities;
the use of absolute density instead of relative densities;
the use of 224 animals for population of bottlenose dolphins for Coastal East Scotland;
the use of Carter et al. (2020) data to estimate numbers affected; and
to present both non-site and site specific data in the assessment along with a better rationale for distinguishing seal species.

4.3 Approach to EIA and HRA

This section aims to document and agree key topics associated with the maximum realistic design scenarios assessed in relation to the marine mammal assessments for Proposed Development EIA and HRA. These include the following:

project design envelope and maximum design scenarios;
underwater noise modelling methodology;
approach to underwater noise impact assessment;
population modelling;
approach to cumulative effects assessment;
sensitivity of the relevant receptors and evidence available on potential effects;
approach to offshore EIA, including the determination of significance of impacts;
potential measures which could be applied to remove significant effects and agreement on specific mitigation to reduce risk of effect (to be included in a MMMP); and
initial outputs of the offshore EIA and HRA assessment.

Table 4.3 Open ▸ summarises the points of discussion, areas of agreement and areas of outstanding agreements in relation to the approach to the offshore EIA for the Proposed Development.

Table 4.3: Summary of Discussion and Agreed Position on Marine Mammal Approach to Offshore EIA and HRA

4.3.1 Additional Details on Key Discussions

4.3.1.1 Underwater noise modelling method steps:

The bathymetry information around the source point will be extracted from the General Bathymetric chart of the Oceans (GEBCO) database in different transects;
A geoacoustic model of the different sea-floor layers in the survey region will be calculated;
A calibrated Weston Energy model will be employed to estimate the TL matrices for different frequencies of interest (e.g. 25 Hz to 80 kHz) along the transects;
The source level values calculated will be combined with the TL results to achieve a frequency and range dependant received level (RL) of acoustic energy around the chosen source position;
The recommended marine mammal weightings will be employed and the TTS and PTS impact ranges for different marine mammal groups will be calculated using relevant metrics (from Southall et al., 2019) and by employing a moving animal model;
For the moving animal model that employs a SELcum metric, the marine mammal is assumed to start swimming away from the piling location at a constant speed at the start of the piling and to continue moving away at the same speed throughout the piling activity;
Instantaneous (unweighted) peak sound pressure levels will also be calculated; and
Both SELcum and SPLpk are presented in the Subsea Noise Technical Report (volume 3, appendix 10.1)

4.3.1.2 Assumed swim speeds for exposure modelling:

harbour porpoise: 1.5 m/s (Otani et al., 2000);
bottlenose dolphin: 1.52 m/s (Bailey and Thompson, 2010);
white-beaked dolphin: 1.52 m/s (Bailey and Thompson, 2010);
minke whale: 2.3 m/s (Boisseau et al., 2021); and
seals: 1.8 m/s (Thompson, 2015).

Marine mammal swim speeds for dolphin and seal species are the same as used for Seagreen 1A Project; porpoise and minke whale updated based on more recent literature. Cumulative SEL exposure depends on swim speed, hammer strike rate/distance swam between each pulse and per pulse hearing weighted SEL at receiver location. Scenarios include consideration of slow start, soft start, ramp up and ADD – if required. That minke whale came from a study on ADD in Iceland. Otherwise, all of the speeds are literature/research based and presented and agreed during Road Map meeting based on published report by NatureScot.

4.3.1.3 Noise Threshold Levels

low frequency cetaceans:

– SPLpk unweighted: 219 (impulsive); and

– SELcum weighted: 183 (impulsive) and 199 (non-impulsive).

high frequency cetaceans:

– SPLpk unweighted: 230 (impulsive); and

– SELcum weighted: 185 (impulsive) and 198 (non-impulsive).

Very high frequency cetaceans:

– SPLpk unweighted: 202 (impulsive); and

– SELcum weighted: 155 (impulsive) and 173 (non-impulsive).

Phocid carnivores in water:

– SPLpk unweighted: 218 (impulsive); and

– SELcum weighted: 185 (impulsive) and 201 (non-impulsive).

Other marine carnivores in water:

– SPLpk unweighted: 232 (impulsive); and

– SELcum weighted: 203 (impulsive) and 219 (non-impulsive).

4.3.1.4 Conversion factors:

The Applicant had concerns that on ‘layering of precaution’ which could cause an overly conservative and unrealistic assessment. The Applicant stated that the conversion factor is based on evidence, therefore use of submersible hammer for 10% conversion factor is not applicable for the Proposed Development. In addition, the size of the pile will have an effect on the radiation efficiencies. Ideally, measurements on larger piles should be used but these are not available as this technology is not yet being used in the field (hence the need to extrapolate using a conversion factor). The Applicant has undertaken a range of underwater noise modelling and suggested that 0.5% would be a realistic conversion factor.

The use of energy conversion factor can be thought of as the way that lower energy hammer measurement data can be scaled up for larger hammer energies. For another offshore wind farm, the maximum hammer energy was assessed as 2,300 kJ however was built out with an average maximum of 1,100 kJ and an overall average of 900 kJ.

Source SEL is a theoretical construct which is useful in underwater noise modelling but it is only a theoretical construct which cannot be measured and must be calculated. Higher conversion factors from surveys are caused by higher propagation coefficients as a result of extrapolating measurement data well beyond the measurement range. Use of these higher numbers could lead to significant overprediction of the far-field sound levels. Greater emphasis should be placed on peer reviewed studies, and studies which utilise full acoustic modelling to determine the source SEL. A hammer energy conversion factor of β ≈ 1% is a precautionary value for piling based theoretical considerations. This is consistent with peer reviewed studies based on empirical measurements:

β = 0.3% (Robinson et al., 2007),
β = 0.8% (De Jong and Ainslie, 2008) and
β ≈ 1% (Dahl and Reinhall, 2013).

β ≈ 1% is likely to be an over-precautionary assumption that cover uncertainties and the current scientific consensus is that a more representative conversion factor is β ≈ 0.5%.

Conservatism was built into the assessment as the modelling assumed the maximum hammer energy would be reached at all locations, whereas this is unlikely to be the case. The 1% conversion factor used in the model is twice that considered the scientific consensus (0.5%). Larger piles will produce less radiated sound energy for a given hammer energy since the same force has to excite more mass elements. The soft start procedure simulated does not allow for short pauses in piling (e.g. for realignment). The modelling assessment assumed that animals swim away from the noise source at constant and conservative average speeds based on published values. This is likely to lead to overestimates of the potential range of effect where animals exceed these speeds. The use of the SEL metric assumes the same noise-induced threshold shift regardless of how the energy is distributed over time. It does not account for recovery of hearing between pulses. The model overestimates the noise exposure an animal receives since it does not account for any time that marine mammals spend at the surface and the reduced sound levels near the surface. Impulsive sounds are likely to transition into non-impulsive sounds at distance from the sound source with empirical evidence suggesting such shifts in impulsivity could occur markedly within 10 km from the source. There are other conservatisms built in throughout the assessment. The emphasis is on a precautionary approach at all stages both in the model and the assessment of effects. With other layers of precaution added in the marine mammal assessment, the overall assessment remains precautionary.

4.3.1.5 Injury ranges and animals with the potential to experience PTS due to UXO clearance

It is suggested in the EIA assessment that for UXO sizes of up to 300 kg, pre-detonation search and use of ADD will be sufficient to reduce the potential of experiencing PTS by bottlenose dolphin, white-beaked dolphin, minke whale, harbour seal and grey seal to negligible magnitude and effectively reduce the risk of injury. It has been estimated that harbour porpoises could potentially experience an auditory injury at distances that cannot be fully mitigated by application of ADD and soft start charges. It is therefore expected that small numbers of animals could be exposed to potential PTS. Given that details about UXO clearance technique to be used and charge sizes will not be available until after the consent is granted (pre-construction period, following UXO survey), it is not possible to quantify the effects of UXO detonations and therefore the residual number of animals is not presented within the assessment. At a later stage, when details about UXO sizes and specific clearance techniques to be used become available, it will be possible to provide a more detailed assessment and tailor the mitigation to specific UXO sizes and species to reduce the risk of injury. Therefore, prior to the commencement of UXO clearance works, a more detailed assessment will be produced as a part of the EPS license supporting information for the UXO clearance works. Appropriate mitigation measures will be agreed with stakeholders as a part of a UXO specific MMMP. It is therefore anticipated that following the application of mitigation measures following receipt of more detail regarding size and number of UXO, the risk of injury will be reduced to low.

4.3.1.6 Maximum design scenario

Wind turbine foundations:

maximum hammer energy: 4,000 kJ;
realistic maximum hammer energy: 3,000 kJ;
number of pin piles: 1,432;
maximum pile diameter: 5.5 m; and
total piling phase: 14,320 hours.

OSP/Offshore convertor station platform foundations:

maximum hammer energy: 4,000 kJ;
realistic maximum hammer energy: 3,000 kJ;
number of pin piles: 256;
maximum pile diameter: 4 m;
total piling phase: 2,048 hours

Total number of days when pilling occurs within piling phase for wind turbines and OSPs/Offshore convertor station platforms: 372 days.

4.3.1.7 Maximum injury ranges

At hammer initiation, the injury ranges are smaller. It would not be expected that an animal would experience full effects at initiation during soft start piling. The more conservative ranges are therefore based on the maximum SELs over the piling sequence. Whilst SPLpk do typically provide the greatest injury range for harbour porpoise, in this case, the greater range results from the 1% conversion factor and minke whale is the greatest of all. The ranges for SPLpk were based on the maximum over the entire piling sequence (i.e. from initiation to full hammer energy) and are therefore conservative in this respect. If SPLpk was used at just hammer initiation, the ranges would be smaller. The assessment undertaken is precautionary as it looks at both SPLpk and SELcum and takes whichever is the largest of these two. This is the dual metric approach as recommended by Southall et al. (2019).

4.3.1.8 IPCoD parameters:

harbour porpoise:

– North Sea MU;

– relevant population: 346,601 (100% vulnerable);

– residual disturbance: 1 day of pilling plus 0.1;

– proportional days disturbance: 50%, 100%;

– years: 25 years;

– age calf/pup becomes independent: 1;

– age at first reproduction: 5;

– calf/pup survival: 0.8455 (0.6);

– juvenile survival: 0.85;

– adult survival: 0.925 (0.85-0.925);

– fertility: 0.34 (0.958 -0.479); and

– growth rate: 1.

grey seal:

– East Coast Scotland and North East England MU;

– relevant population: 42,600 (100% vulnerable);

– residual disturbance: 1 day of pilling plus 0.1;

– proportional days disturbance: 50%, 100%;

– years: 25 years;

– age calf/pup becomes independent: 1;

– age at first reproduction: 5;

– calf/pup survival: 0.222;

– juvenile survival: 0.94;

– adult survival: 0.94

– fertility: 0.84 and

– growth rate: 1.01.

bottlenose dolphin:

– Coastal East Scotland MU;

– relevant population: 189 (100% vulnerable);

– residual disturbance: 1 day of pilling plus 0.1;

– proportional days disturbance: 53.8%, 100%;

– years: 25 years;

– age calf/pup becomes independent: 3 (2);

– age at first reproduction: 9;

– calf/pup survival: 0.925 (0.9);

– juvenile survival: 0.962 (0.94);

– adult survival: 0.98 (0.9497);

– fertility: 0.24 (0.3); and

– growth rate: 1.018.

4.3.2 Summary Statement of Final Position

The approach to the assessment of effects, the CEA, noise and population modelling, as well as the parameters in the maximum design scenario and mitigation zone as presented by the Applicant in Table 4.3 Open ▸ were agreed by the stakeholders and maintained with regards to the following agreed points:

five different conversion factors were explored (1% constant, 4% reducing to 0.5%, 10% reducing to 1%, 4% constant and 10% constant) with results presented in a sensitivity assessment volume 3, appendix 10.1;
determination of the most representative and precautionary conversion factor with evidence and justification presented in a fully referenced and peer-reviewed report (volume 3, appendix 10.1);
accumulated PTS (SELcum) over the entire piling sequence has been assessed using the decreasing conversion factor as the piling progresses;
the assessment of injury (PTS) as a result of underwater noise during piling is based on the conversion factor resulting in the largest injury ranges for the different marine mammal hearing groups and the highest hammer energy of 4,000 kJ;
both SPLpk and SELcum have been modelled for PTS, and both are presented in the assessment that has been undertaken for each of the marine mammal hearing groups. These were modelled and presented for 1% conversion factor, 4% reducing to 0.5% and 10% reducing to 1%. Instantaneous PTS impact ranges using the highest hammer energy and following constant conversion factors 1%, 4% and 10% constant are provided for information in volume 3, appendix 10.5. However, the instantaneous injury ranges for all species are smaller than injury range for minke whale based on SELcum and 4% reducing to 0.5% conversion factor (2,319 m); and
prior to the commencement of UXO clearance works, a more detailed assessment will be produced as a part of the EPS licence supporting information along with the choice of appropriate mitigation measures to be informed by available studies and agreed as a part of a UXO specific MMMP.

5 Areas of Agreement and Outstanding Non-Alignment

Table 5.1 Open ▸ summarises the position following completion of the Marine Mammal Road Map process at the point of Application submission. This forms the basis of the EIA and HRA assessments presented within the Offshore EIA Report and RIAA for the Proposed Development.

Table 5.1: Areas of Agreement and Outstanding Non-Alignment Following Completion of the Road Map Process Marine Mammals

6 Conclusion

The aim of the Marine Mammal Road Map was to ensure that the final consent Application submitted provides MS-LOT and its statutory advisors with sufficient information with which to make a determination. This document has set-out the meetings, agreements and areas of outstanding discussion that have been achieved in relation to the marine mammal topic for the offshore EIA and HRA.

7 References

Arso Civil, M., Quick, N. J., Cheney, B., Pirotta, E., Thompson, P. M. and Hammond, P. S. (2019). Changing distribution of the east coast of Scotland bottlenose dolphin population and the challenges of area-based management. Aquatic Conservation: Marine and Freshwater Ecosystems, 29(S1), 178–196. Available at: https://doi.org/10.1002/aqc.3102. Accessed on: 2 March 2022.

Arso Civil, M., Quick, N., Mews, S., Hague, E. Cheney, B.J., Thompson, P.M. and Hammond, P.S. (2021). Improving understanding of bottlenose dolphin movements along the east coast of Scotland. Final report. Report number SMRUC-VAT-2020-10 provided to European Offshore Wind Deployment Centre; March 2021 (unpublished).

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[1] By the Conservation of Habitats and Species Amendment (EU Exit) Regulations 2019

[2] As of October 2022.