SNH Commissioned Report 524 - Scottish Natural Heritage

Jan 23, 2005 - The purpose of this research is to provide recommendations on the legal opportunities to resolve conflicts and secure benefits in the relationships between land managers and reintroduced species protected under Annex IV(a) of Council Directive 92/43/EEC of 21 May. 1992 on the conservation of natural ...
2MB Sizes 1 Downloads 344 Views
Scottish Natural Heritage Commissioned Report No. 524

Derogations for protected species in European reintroductions

COMMISSIONED REPORT

Commissioned Report No. 524

Derogations for protected species in European reintroductions

For further information on this report please contact: Sally Blyth Scottish Natural Heritage Great Glen House INVERNESS IV3 8NW Telephone: 01463 725 231 E-mail: [email protected] This report should be quoted as: Pillai, A., Heptinstall, D., Hammond, M., Redpath, S. & Saluja, P.G. (2012). Derogations for protected species in European reintroductions. Scottish Natural Heritage Commissioned Report No.524. This report, or any part of it, should not be reproduced without the permission of Scottish Natural Heritage. This permission will not be withheld unreasonably. The views expressed by the authors of this report should not be taken as the views and policies of Scottish Natural Heritage. ¬© Scottish Natural Heritage 2012.

COMMISSIONED REPORT

Summary Derogations for protected species in European reintroductions Commissioned Report No. 524 (Project no 13388). Contractor: Pillai, A., Heptinstall, D., Hammond, M., Redpath, S. & Saluja, P.G. Year of publication: 2012 Background The purpose of this research is to provide recommendations on the legal opportunities to resolve conflicts and secure benefits in the relationships between land managers and reintroduced species protected under Annex IV(a) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) and Annex I of Directive 2009/147/EC of 30 November 2009 on the conservation of wild birds (codified version) (the Birds Directive). The management of Habitats Directive Annex IV(a) and Birds Directive Annex I species, both meriting special protection under European law, is a matter of current interest in Scotland in relation to the reintroduction of protected species. The Habitats Directive Annex IV(a) listed Eurasian Beaver is presently the subject of a trial reintroduction scheme in Scotland. The Birds Directive Annex I Whitetailed Eagle has recently been reintroduced and the Red Kite has already been reintroduced into four locations within Scotland. The first part of the research involved a review of the legal frameworks established by the Habitats and Birds Directives for the reintroduction of species, the special protection of species and derogations from that protection (section 3.1 of this report). Given that there are 499 species and groups of species listed under the Habitats Directive and Birds Directive alone, the first part of this research focuses on the examination of six species, all of which are, or were, native to Scotland. The following species are of interest because they are protected under Annex IV(a) of the Habitats Directive and they have presented particularly complex management challenges: Lynx lynx (Eurasian Lynx); Canis lupus (Grey Wolf); and Ursos arctos (Brown Bear). The following species are of particular interest because they have been reintroduced or are in the process of a formal or trial reintroduction in Scotland: Milvus milvus (Red Kite) (reintroduced); Haliaeetus albicilla (White-tailed Eagle) (reintroduced); Castor fiber (the Eurasian Beaver) (trial reintroduction).1 Each of these species is in receipt of special protection under the Directives and any deviation from that special protection requires a formal derogation in compliance with Article 9 of the Birds Directive and Article 16 of the Habitats Directive. One of the main objectives of this research was to determine to what extent European countries have had to resort to the formal derogations procedures for these protected species and the results of that research are set out in section 3.1.4 and Appendix 3 to this report.

1

Scottish Beaver Trial. Official home of the Scottish Beaver Trial, (The Royal Zoological Society of Scotland / Scottish Wildlife Trust), availabl