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Translocate Protected Beavers to Reduce Licensed Killing (PE1815)

Letter from NatureScot to the Convener, 21 January 2022

Dear Net Zero, Energy and Transport Committee,

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 NatureScot

What options are there for the funding of beaver translocation including any potential role for existing funding mechanisms such as the Nature Restoration Fund?

There are a number of routes by which NatureScot could offer funding support for translocation projects. We will consider the support we will offer to translocation projects and how this will be delivered over the coming months and will set this out early in 2022.

What timescales is NatureScot working to in order to develop new guidance on beaver translocation policy and wider beaver management, and what is the scope of the review of beaver management policy?

We have drafted some interim guidance on the new policy and shared this with the Scottish Beaver Forum in early January 2022. We will look to publish this on our website in early February. We propose to review all the guidance that forms the Beaver Management Framework in the first half of 2022 to ensure it is aligned with this new policy. This will be the primary focus of reviewing the Beaver Management Framework guidance documents and will be done in consultation with the Scottish Beaver Forum. However, we may look to make other changes to refresh these documents to reflect our current approach and further support the implementation of this policy.

Does NatureScot’s work on developing policy around beaver management also include exploring how impacts of beavers can be managed in situ without translocation or culling – including any relevance of how rural payments might be applied in this area (e.g. as part of discussions around ‘public money for public goods’)? 

The Scottish Beaver Mitigation Scheme is a key part of the Beaver Management Framework. This includes established mitigation techniques and developing and trialling new approaches through the Technical sub-groups of the Scottish Beaver Forum; for example the use of water gates as a means of excluding beavers from discrete areas of Prime Agricultural Land. The Scottish Beaver Mitigation Scheme does not offer compensation for beaver damage but instead looks to support management measures that will mitigate or reduce ongoing conflicts with land use. Some beaver impacts are currently difficult to mitigate against and hence licences have been issued principally in areas of Prime Agricultural Land where beavers are having serious impacts on growing crops. NatureScot working with the Technical Sub-groups of the Scottish Beaver Forum continues to explore if there are novel mitigation approaches in such circumstances that would both reduce the conflicts and the ongoing need for lethal control or trapping and removal.

One Technical Sub-group is specifically tasked with looking at how rural payments could be used to ‘make space for’ beavers and reduce conflicts with land use. There is regular dialogue on this topic at the Scottish Beaver Forum. NatureScot would like to see support that recognises the ecosystem services (public goods) delivered by beavers integrated with future rural payments. Some forms of beaver mitigation will continue to require support that is not competitive or tied to application windows.

What is your interpretation of the recent judicial review ruling in relation to whether translocation of beavers (or more broadly, European Protected Species) should be prioritised versus licensed culling?

The court ruling found that when deciding to apply a derogation in relation to a European Protected Species under the Habitats Regulations, NatureScot are required to consider what alternatives there are to granting a licence, but that there is no requirement in legislation to apply a hierarchy to the use of other derogations. The ruling found that NatureScot should, however, provide a Statement of Reasons which sets out the how the proposal meets the necessary licensing tests. 

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. NatureScot is already actively promoting the use of trapping for translocation rather than lethal control.  Where this is possible, it can be arranged under a separate licence. NatureScot are clear that trapping 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. We intend to explore the barriers to using trapping with individual licence holders with a view to increasing the proportion of animals that are trapped as opposed to controlled. 

What are the implications of the judicial review outcome for NatureScot’s licensing activities more generally (across all species and in particular European Protected Species) – will all licensing activities be reviewed in light of the ruling and what changes might be expected?

The only change required to species licensing by the court 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 and a statement of reasons. This piece of work is currently being undertaken. All EPS licences will in the future be issued with a statement of reasons.   

Yours sincerely,

Robbie Kernahan

Director of Sustainable Growth

NatureScot