Chamber and committees

The Executive's Voluntary Issues Unit is aware of the possible effect on some voluntary organisations in Scotland of the restrictions resulting from the current outbreak of foot-and-mouth disease and is monitoring the position.The Executive recognises that the voluntary sector is playing an important role in helping those most affected by the foot-and-mouth disease outbreak. The Minister for Environment and Rural Development therefore announced to Parliament on 5 April that there would be a scheme in Scotland to match donations by members of the public to voluntary organisations engaged in alleviating distress caused by foot-and-mouth disease.

The Forestry Commission is currently identifying all the existing Woodland Grant Schemes (WGS) and felling approvals granted during the last five years likely to have a significant effect on Natura 2000 sites. Where the proposed work might adversely affect capercaillie in a Natura 2000 site, the Commission will discuss the proposals with the owners or managers of the land with a view to making specific arrangements for protecting capercaillie.Under the Conservation (Natural Habitats, &c.) Regulations 1994 the Forestry Commission is required to have regard to the requirements of the Habitats Directive. In addition, all woodland owners are required to comply with the UK Forestry Standard which states that, when carrying out any forestry operations, owners must make specific arrangements for the protection of protected habitats and protected species of wildlife. Under the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999 forestry projects, such as afforestation and deforestation, which are likely to have significant effects on the environment can only proceed with the consent of the Forestry Commission. An environmental impact assessment of these projects is required.Consideration of existing WGS and felling approvals is the responsibility of the Forestry Commission as the competent authority and Scottish Natural Heritage have no powers in this respect. The Forestry Commission has no specific statutory powers to modify or revoke existing felling approvals. Nevertheless, if conditions specified in felling licences are not complied with in individual cases, the licence can be withdrawn.

The Forestry Commission and Scottish Natural Heritage (SNH) have already met the owner's agents and the RSPB to discuss the felling operations in Curr Wood. I understand that the owner has now agreed to modify his felling proposals to take greater account of sensitive areas used by capercaillie and other priority species.A direction to SNH is unnecessary as it is already taking all necessary steps in co-operation with the Forestry Commission. SNH has a duty in terms of the Conservation (Natural Habitats, & c.) Regulations 1994 to exercise its nature conservation functions to secure compliance with the requirements of the EC Habitats Directive.

The Forestry Commission is responsible for approving tree felling operations and is currently identifying all the existing Woodland Grant Schemes and felling approvals given during the last five years that are likely to have a significant effect on Natura 2000 sites. Where the proposed work might adversely affect capercaillie, the commission will discuss the proposals with the owners or managers of the land with a view to making specific arrangements for protecting capercaillie. At Invercauld Estate and Curr Wood, the commission has been discussing with SNH and relevant experts how best to manage the forestry operations, taking account of the needs of the capercaillie.

There is a Species Action Plan for the capercaillie developed under the UK Biodiversity Action Plan. The steering group for the plan is a broad partnership involving the Scottish Executive, the Forestry Commission, Scottish Natural Heritage (SNH), the RSPB and others. The Forestry Commission has taken a number of actions, including grant aiding activities that benefit capercaillie with parallel measures in state-owned forest areas; developing policy and guidance to minimise the impact of fences on capercaillie; consulting SNH and RSPB on all new afforestation proposals that could affect capercaillie; requiring grant applicants to take advice from experts on operations that will affect capercaillie; and raising awareness of the plight of capercaillie through publications, a national conference and local workshop. The commission has also led on improved fence designs and the steering group has produced revised guidance on location of fences. In addition, the RSPB and SNH with input from the commission are co-funding a Capercaillie Project Officer who acts as an adviser to landowners as well as SNH, RSPB and commission staff on capercaillie issues.SNH, the Scottish Executive Rural Affairs Department (SERAD) and the Forestry Commission published last year a review of capercaillie research needs. The review identified a number of research priorities including an assessment of factors associated with breeding success. Additionally, SNH in conjunction with the commission, the Scottish Executive and the RSPB, is planning a large-scale management trial in capercaillie core areas. Actions will include predator control, removal or reduced use of deer fencing, minimising disturbance of leks (breeding sites), improving brood habitat, sensitive planting, thinning and woodland management.SNH, the Forestry Commission, the RSPB and other potential partners are also working on the preparation of an application under the LIFE III programme to support recovery of capercaillie.

In view of the decline in capercaillie numbers, the Scottish Executive has decided to introduce a statutory ban on the shooting of the species. This will be effected by Scottish Statutory Instrument to reschedule the species from Schedule 2, Part I to Schedule 1, Part I of the Wildlife and Countryside Act 1981.The Scottish Executive receives advice from its statutory nature conservation advisers, Scottish Natural Heritage (SNH), on the classification as Special Protection Areas (SPAs) of the most suitable territories for capercaillie under the EC Birds Directive. A suite of six SPAs has been classified in Scotland and additional sites are under consideration. These SPAs form part of the Natura 2000 network. Activities within these SPAs must comply with the provisions of the Conservation (Natural Habitats, &c.) Regulations 1994.As required by European legislation, the Forestry Commission will make an appropriate assessment of the implications of proposed forestry operations which are likely to have a significant effect on any Natura 2000 site before deciding whether to approve those operations.

It is not known what impact the timber felling undertaken on the Invercauld Estate may have on the capercaillie population in the area. However, Scottish Natural Heritage (SNH) will monitor the capercaillie population on the adjacent Ballochbuie Special Protection Area (SPA).The Forestry Commission first consulted SNH about this proposal (the objective of which was regeneration of native woodland) in 1995. At that time SNH broadly supported the proposals, particularly the intention to utilise selective rather than clear felling, thereby reducing the visual impact of the scheme within Deeside and Lochnagar National Scenic Area. SNH also suggested further modifications to retain a more natural appearance in the remaining woodland and to safeguard wetland areas from felling operations. At that time, the proposals did not cause concern in relation to capercaillie. After the Forestry Commission approved the Woodland Grant Scheme (WGS) application in 1996, the adjacent Ballochbuie SPA was classified in 1998 for its important populations of Scottish crossbill and capercaillie. Further research on the capercaillie population in the area demonstrated that birds regularly used the area affected by the WGS application. I am not aware of any representations having been made to the landowners, although I understand that the estate sought specialist advice in relation to the potential impact on capercaillie of their fencing proposals.The operations were carried out in accordance with the plans approved in 1996. The Forestry Commission recognises that an assessment of the forestry proposals in these plans would have been appropriate in the changed circumstances following the classification of the SPA on adjacent ground in 1998. However, the Forestry Commission is currently identifying all the existing WGS and felling approvals given during the last five years that are likely to have a significant effect on any Natura 2000 site. In some cases assessments have already begun.

The Scottish Executive is maintaining close contact with the UK Government about the arrangements for this conference. Executive officials attended one of two consultative seminars that were recently held in Scotland, organised by the UK Government. These were intended to inform Scottish non-governmental organisations (NGOs) about the conference and to seek their views.The Executive is also discussing with the UK Government emerging United Nations' proposals to support NGOs' contributions to the proceedings. There are no plans for the Scottish Executive to provide direct funding for attendance at the conference.We are asking the Black and Ethnic Minority Infrastructure in Scotland, as part of their advisory work in partnership with others such as SCVO, to assist with the provision of advice on the conference, potential sources of financial assistance and longer term sharing of the outcomes from Durban more widely in Scotland.The question of representation from the Scottish Executive will be considered following decisions by the UN on the overall size of government delegations and the final conference programme.

I refer the member to the answer given to question S1W-14504.

I refer the member to the answer given to question S1W-14504.