population structuring (JNCC et al. 2010a). In the case of East Anglia THREE, Table 12.5 suggests that the European population estimates derived from the SCANS II and CODA surveys offer the best reference population for all commonly occurring cetacean species in the UK. In the case of harbour porpoise, the SCANS II data also offers the opportunity for assessing potential impacts of East Anglia THREE in the context of the North Sea population. Updated analysis of the SCANS II data by Hammond et al. (2013) has provided population estimates that have been used in this assessment along with the Inter-Agency Marine Mammal Working Group (IAMMWG) management units (IAMMWG 2013), rather than those used in the FCS assessment (Table 12.5).
44.
Consideration should be given to the fact that the estimates of population size for EPS are based on data collected in 2005, and numbers of individuals impacted is based on absolute abundance and density estimates from survey data collected between 2009 and 2012, and the population size of each species of cetacean may have changed over this time. However, at the time of completing this assessment the 2005 SCANS II data were agreed by EATL and Natural England to be the most appropriate data set (Table 12.1).
45.
An EPS licence is required if the risk of injury or disturbance to cetacean species is assessed as likely under regulations 41(1) (a) and (b) in The Conservation of Habitats and Species Regulations and 39(1) (a) and (b) in The Offshore Marine Conservation (Natural Habitats, & c.) Regulations 2007 (amended in 2009 and 2010).
46.
Given the potential implications of the EPS Guidance, this EIA has focused on cetaceans which have been recorded as either common, regular or uncommon, seasonal visitors to the East Anglia THREE site plus 4km buffer. It follows that if an EPS licence is required, the risk assessment would also focus on these species.
47.
As part of the risk assessment for potential injury and disturbance offences, an assessment has been undertaken to determine the likelihood of any injury and / or disturbance offences likely to occur from construction, operation and decommissioning activities relating to East Anglia THREE.
48.
Additionally, it is noted that many activities at sea will not require a licence, since their potential for injury and / or disturbance is intrinsically low (below the threshold where an offence is possible) or can be effectively mitigated.
49.
If a licence is required, an application must be submitted, the assessment of which comprises three tests, namely:
Whether the activity fits one of the purposes specified in Regulation 53(2)(e);
Preliminary Environmental Information May 2014
East Anglia THREE Offshore Windfarm
Chapter 12 Marine Mammal Ecology Page 25
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