Chamber and committees

A range of measures are in place to tackle crime affecting the freshwater pearl mussel. The Scottish Investigative Support Officer (SISO) of the National Wildlife Crime Unit (NWCU) is active in identifying intelligence and raising awareness of intelligence opportunities that may lead towards enforcement action.

In 2012 the SISO led an operation to explore whether the jewellery trade was an outlet for illegally acquired freshwater pearls. Results indicated that the pearls were going elsewhere, hence further work, in partnership with UK Border Force, is being undertaken to explore whether the pearls are bound for overseas’ markets.

In conjunction with PAW Scotland organisations, agreements have been reached whereby landowners, ghillies, bailiffs and gamekeepers working land adjoining pearl mussel rivers, will report suspicious behaviour to the NWCU.

The Scottish Government has funded ongoing research into forensic techniques, including DNA and stable isotopes, which it is hoped will greatly assist the Police in pearl mussel crime investigations.

Police Scotland and the Scottish Environmental Protection Agency are working together to ensure any case of river works or pollution that disturb freshwater mussels are fully investigated and, where sufficient evidence exists, reported to the Crown Office. Scottish Natural Heritage (SNH) will be undertaking a survey of a number of pearl mussel rivers in 2013-14 and any information regarding potential criminality will be forwarded to Police Scotland for consideration.

SNH has secured European funding for three years for a seasonal staff member to deliver education, patrol rivers and liaise with the community regarding the protection of pearl mussels. It is anticipated that this position will work closely with the SISO and Police Scotland regarding intelligence and enforcement opportunities. SNH, NWCU and Police Scotland are also working together to distribute awareness raising material to relevant divisional wildlife crime liaison officers across North and West Scotland.

The Aquaculture and Fisheries (Scotland) Bill does not contain any specific measures to protect Freshwater Pearl Mussels (FWPM).

The Freshwater Pearl Mussel is protected as follows:

(a) Under the Water Environment (Controlled Activities) (Scotland) Regulations 2011, developers must obtain all relevant consents and local planning authorities must consult relevant regulatory bodies prior to any authorisation being granted for development where there is the potential to cause significant adverse effects to the water environment and its ecology such as the FWPM, including building or other engineering works, water abstractions or the discharges of pollutants.

(b), The freshwater pearl mussel has been protected from illegal fishing for pearls since 1991, when it was added to Schedule 5 of the Wildlife and Countryside Act 1981.

The Environmental Impact Assessment (EIA) (Agriculture)(Scotland) Regulations 2006 came into force in Scotland on 1 January 2007 and constrain operations to carry out intensive agricultural operations on uncultivated or semi-natural land, or large scale restructuring projects on agricultural land, where the result would have a significant impact on the environment.

Freshwater pearl mussels are filter feeders and are therefore vulnerable to water pollution and the siltation of rivers. Projects which are covered by the EIA (Agriculture) (Scotland) Regulations 2006 and which could impact upon populations of freshwater pearl mussels include drainage works and the modification of watercourses.

EIA screening decisions on these types of projects are taken by rural payments and Inspections Division Area Offices who also carry out farm visits with land managers to check whether proposed activities fall within the EIA Regulation. Where activities are within the scope of the regulation they proceed to a formal screening which is recorded on the Scottish Government EIA register. The screening decision may require an Environmental Statement (full EIA) to be carried out. When this is submitted the project may be approved or rejected depending upon the impact identified.

The Water Environment (Controlled Activities) (Scotland) Regulations 2011, introduced by the Scottish Government, requires that both local planning authorities consult relevant regulatory bodies, and that developers obtain all relevant consents, prior to the authorisation of or the carrying out of development work in rivers.

<>Comprehensive guidance notes and application forms are available on the Registers of Scotland website (www.ros.gov.uk/crofting register/) for applicants for registration. Key information includes a plan showing the extent of the common grazings and information on the parties who have a share in the grazings.

The European Commission’s restrictions would apply from 1 December 2013 to three out five neonicotinoids currently being used in agriculture. One neonicotinoid, thiacloprid is currently authorised for use on oilseed rape but is not included in the Commission’s restrictions, and could still be used on oilseed rape.

Several other products are also available for use on oilseed rape. Currently over 100 products are approved for oilseed rape, these are mainly pyrethroids, but also carbamates, pyridine and oxadiazine compounds. All of these alternatives are contact insecticides, applied as foliar sprays rather than systemic insecticides applied as seed treatments.

According to current crofting legislation, crofts are expected to be registered following purchase when the first regulatory action takes place and the need for registration when regulatory action takes place will become mandatory from 1 December 2013. However, there is nothing to prevent registration of any croft on a voluntary basis and, indeed, until 30 November 2013 crofters can benefit from a 22% discount in the fee if registering as a group of 10 or more crofts from a township, or where all of the crofts in a township with fewer than 10 crofts register as a group.

As of 30 April 2013, one croft and five common grazings are registered in the Crofting Register. In addition to the one croft already registered, the Crofting Commission is currently processing a further nine applications.

Until 30 November 2010, crofts registered on a voluntary basis benefit from a 22% cost reduction when registered as a group of 10 or more crofts from a crofting township or when all of the crofts in a township with less than 10 crofts are registered jointly.

The Crofting Commission has issued draft registration packs to around 150 grazings committees. In addition to the five common grazings currently registered, Registers of Scotland have the forms which should permit a further eight grazings to be registered shortly.

The Crofting Commission and Registers of Scotland have planned further events to raise awareness of the Register. Awareness sessions are planned for Shetland and Caithness in early June 2013 and others will follow. Registers of Scotland has also arranged to take part in a number of events with the Scottish Crofting Federation over the summer, commencing in late May at the Dingwall Sheep Show.

Those who may apply to register a croft are listed in section 4(3) of the Crofting Reform (Scotland) Act 2010, namely the owner, landlord or tenant of a tenanted croft, or an owner-occupier crofter. These were discussed at stage 2 of the Crofting Reform (Scotland) Bill on 9 June 2010. The guiding principle was that the applicant for a regulatory change would be responsible for first registration, with subsequent registrations being carried out by the beneficiary of a regulatory application.

Subtenants of crofts under section 27(2), or those with short leases under section 29A, of the Crofters (Scotland) Act 1993 as amended are not covered by the definition of “crofters”. Each of these leases may only be put in place with the consent of the Crofting Commission, and it is the responsibility of the tenant or owner-occupier crofter to seek the Commission’s consent.