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Translocate Protected Beavers to Reduce Licensed Killing (PE1815)

Letter from the Minister for Green Skills, Circular Economy and Biodiversity to the Convener, 18 January 2022

Dear Convener,

Please find responses below to your request for further information regarding the court judgement on 21 October 2021 and the Scottish Government announcement on 24 November 2021 regarding the protection of Scotland’s beaver population.

Questions posed to Scottish Government:

• The Committee would welcome clarification on whether the budget in place currently is adequate for the translocation of beavers and whether any additional budgetary requirements will be imposed as a result of this new policy area. The Committee would also welcome a breakdown of how budgets are allocated in this area.

We are aware the policy to translocate beavers needs resourcing. NatureScot is currently undergoing a wider financial review of priorities for the 2022/23 and will ensure that translocations of beavers are supported in the outcome of the review. As with any other mainstream work in this area, NatureScot will decide on budgetary allocations according to priorities agreed with Scottish Government. From the 2022/23 financial year onwards, this work will be supported within NatureScot’s grant-in-aid.

In order to provide time to adjust to the change in policy, any additional funding required in the 2021/22 financial year for the translocation of beavers can be provided by the Scottish Government if necessary.

• The Committee would welcome your views on the court ruling and its outcomes, including: What is your interpretation of the recent judicial review ruling in relation to how translocation of beavers should be prioritised versus licensed culling?

The main issue under consideration was whether NatureScot are required to consider whether trapping and translocation was a satisfactory solution to prevent beavers causing serious damage before agreeing to issue a licence permitting lethal control, given that both actions would require a derogation from the provisions of the Habitats Regulations. The court found that NatureScot are not required to do so – in other words there is no hierarchy of derogations which require to be considered before a licence for lethal control is granted. Clearly NatureScot do need to satisfy themselves that there are no alternative solutions which do not require a derogation. The court did find however that NatureScot should issue a statement of reasons alongside any granting of a licence allowing a derogation.

NatureScot can therefore continue to issue licences that permit the lethal control of beavers to prevent serious damage where all three licensing tests are met. However, NatureScot is working with land managers to actively promote the use of trapping for translocation rather than lethal control. Further to this and as stated in response to the first question, NatureScot is looking to help out with funding where necessary to make translocation a more viable solution for land managers. NatureScot is clear that translocation is the preferred option where this is feasible and this is highlighted in the Code of Practice issued with every licence that permits the use of lethal control. Trapping is carried out under a separate licence and not by the land manager or accredited controllers.

• What implications does the ruling have, in your view, more broadly for species licensing and the management of European Protected Species in Scotland?

The only change required to species licensing by the ruling has been the requirement to issue a statement of reasons alongside a licence. This means that where there was a current licence in place, NatureScot need to re-issue a new licence alongside a statement of reasons. This piece of work is currently being undertaken. All licences will in the future be issued with a statement of reasons.

Other than for beavers there is very little need for management of European Protected Species in Scotland, reflecting the fact that there are very few conflicts with land management or other objectives that meet the high bar set for the licensing tests under the Habitats Regulations.

Kind regards

LORNA SLATER