Chamber and committees

The Scoping Studies included data layers describing the distributions of several categories of protected areas. These include established SACs and SPAs, areas under consideration for future designation, and areas of search for potential new protected areas, including MPAs under the Marine (Scotland) Act. Many of these areas have been designated, or are being considered for designation, because of the presence of habitats or species that are Recommended PMFs. Further data layers described the distribution of spawning and nursery grounds for commercial fish species (including some PMF species), the distributions of cetaceans, areas designated for the protected of seals and cetaceans, and sea haul-outs.

The presence of a Crown Estate lease site for development has no formal status as a consideration in determining marine licensing applications. The existence of a lease maybe a factor that is taken into consideration in the development of a marine plan, though this will depend on individual circumstances and developing marine plans. Possible locations for designation as a Marine Protected Area under the Marine (Scotland) Act are being identified using a science led approach but Ministers have provision to take account of other issues in decisions on a designation.

The Scoping Reports for Offshore Wind Farm Developments and Wave and Tidal Energy Developments in Scottish Waters identify broad areas which may be suitable for further developments from the point of view of best resource but also with fewest potential hazards. Both contribute to planning for renewables and form one component of the renewables elements of Scotland’s first national marine plan currently under development. The scoping studies do not prevent developers wishing to develop outside of these areas and all licence applications for renewables development in these or other areas are subject to the requirements of legislation including Environment Impact Assessment. Possible locations for designation as a Marine Protected Area under the Marine (Scotland) Act are being identified using a science led approach but ministers have provision to take account of other issues in decisions on a designation.

Updates on the impact of the Schmallenberg virus were given at the quarterly meetings of the Animal Health and Welfare Stakeholder Group on 30 April 2012 and 21 August 2012. A meeting to specifically discuss the Schmallenberg virus was held with the National Farmers Union of Scotland on 15 August 2012.

Monitoring of marine features has been part of the SNH’s Site Condition Monitoring (SCM) programme since its inception in 1999. Due to the resource requirements for marine monitoring, it has not been possible to monitor all marine features within the six year reporting cycle. It is anticipated that a baseline condition assessment for all marine SAC features will be completed by 2012-13. SNH is currently working up the programme for the first SAC sites which will be repeat monitored using the SCM methodology.

When assessments are completed they are published via SiteLink on the SNH website. The results of SCM for all feature types (including marine) will be published in early 2013, marking the end of the second six year cycle of monitoring. This will update the report produced in 2010 on the condition of features and the steps being taken to improve the condition of unfavourable features.

In Scottish offshore waters (from 12 to 200 nautical miles) the conservation status of marine features that are protected in existing marine SACs has not yet been assessed through site-condition monitoring. JNCC are developing a monitoring programme across the offshore marine environment which will include recommendations on the monitoring of sites.

The next Habitats Directive Article 17 report is due to be submitted by the UK Government to the European Commission in July 2013 and will report on the Favourable Conservation Status of Annex I habitats, and Annex II, IV and V species across their ranges in the UK.

Progress on the designation and status of MPAs and progress towards achieving their conservation objectives will be subject to a six-yearly reporting cycle to the Scottish Parliament. Monitoring of Nature Conservation MPA protected features will be undertaken as part of a wider programme of biodiversity monitoring and surveillance, including monitoring programmes established to implement the Marine Strategy Framework Directive from 2014 onwards. A framework is under development and a budget has yet to be agreed for the monitoring programme. Historic Scotland will be responsible for periodic monitoring of Historic MPAs. Estimated costs per site were outlined in the Financial Memorandum on the Marine (Scotland) Bill.

The Strategic Management Board for veterinary surveillance has met three times, and has mostly been engaged in structural and strategic discussions, especially on the recommendations from the Review of Veterinary Surveillance published last year.

The board discussed Schmallenberg virus at its first meeting, but only as an example of the effectiveness of the current disease surveillance system, which identified the virus very quickly.

Until the structural issues have been addressed the Strategic Management Board is not expected to become involved in decisions regarding the handling of individual diseases. Such decisions are made through the existing system of regular meetings between the Scottish Government, the Scottish Agricultural College and the Moredun Research Institute.

Infection by the Schmallenberg virus is not a notifiable animal disease. However, given that the Schmallenberg virus has been recently discovered and knowledge about its characteristics and impact is still developing, the Scottish Government has put in place sensible surveillance measures.

Firstly, the Scottish Agricultural College (SAC) has written to all Scottish veterinary practices inviting them to identify and report potential incidents of acute Schmallenberg infection in cattle. With Scottish Government funding SAC is able to provide free testing of cattle when Schmallenberg is suspected.

Scottish Government also funds SAC and the Moredun Research Institute to investigate clinical cases where infection by the Schmallenberg virus is a potential diagnosis at no additional cost to animal keepers, who will only pay the subsidised rate for such investigations.

Additionally, samples have also been taken as part of the annual sheep and goat survey (which covers Great Britain and tests for brucellosis) and will be used to screen for the Schmallenberg virus in areas of England and Wales that were free of the virus in 2011. If that screening indicates that the virus may be moving toward Scotland, the Scottish Government will consider carrying out similar tests on samples taken in Scotland as part of the same survey.

All cetaceans are listed as European Protected Species (EPS) and are protected under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), which prohibits the deliberate and reckless capture, injury, killing and disturbance of cetaceans.

When considering an EPS licence application, an assessment is undertaken in consultation with Scottish Natural Heritage and the Joint Nature Conservation Committee. If an EPS licence is granted it may be subject to a range of conditions that specify appropriate mitigation measures to ensure compliance with the regulations. Examples of mitigation may include use of marine mammal observers, passive acoustic monitoring, soft start procedures and restrictions on the timing of works.

Due to resource constraints it is not possible to monitor all SPA features every six year reporting cycle. Where routine seabird monitoring is carried out by SNH on National Nature Reserves, or by partner bodies such as RSPB or NTS, SNH will continue to use this data for condition assessments each reporting cycle. Condition assessments for SPAs outwith routinely monitored sites will be completed using data provided by the UK national seabird census – which is currently repeated on a 15 year basis.