Abstract
European Protected Species are strictly protected because of concerns at an EU level about their abundance and distribution. Typically, these species are acutely vulnerable to human impacts, and in the case of EPS found in the UK, it is the impacts of lawful activities, rather than persecution, that pose the greatest threat to the species. Therefore, addressing these threats is not simply a matter of enhanced policing but will require management strategies and techniques that can avert or resolve conflicts. Under section 78 of the Natural Environment and Rural Communities Act 2006 Defra authorises Natural England to perform certain Defra functions such as determining and granting certain licences under wildlife legislation. In the case of European Protected Species, licences are issued in pursuance of Conservation (Natural Habitats &c. Regulations) 1994 (as amended), and the EC Habitats Directive 1994. Licensing concerns relating to EPS in the UK principally involve bat species and great crested newts: Bats – many bats are dependent on buildings as roost sites and some species are rarely found anywhere else. The drive to improve energy efficiency (e.g. improved roof insulation and draft exclusion) and more efficient utilization of existing properties (e.g. loft conversion) and new properties (loft spaces fully utilised) creates scope for conflict with bats and threatens their conservation status. Some people are unable to accept the presence of bats in the roof of their house, for example, due to phobias, and demand action. This can cause some extremely stressful situations and adverse publicity if not managed carefully. Great crested newts – dependent on suitable breeding ponds. Farmland pond loss in the past and the addition of fish to many ponds for angling or to ‘enhance’ their appearance has greatly reduced the number of suitable ponds. Newts readily colonise brown-field sites because these often provide ideal habitat (e.g. pools without fish, unmanaged and ungrazed grass and scrubby areas). This regularly brings newts into conflict with developers and planners. Dormice and otters can also come into conflict with human interests with consequent licensing issues. At present, the key policies applied to species licensing and advice are: a) There must be no satisfactory alternative to the proposed operation that would result in a lesser degree of harm b) The permitted operation authorised must not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range. In this regard: i. the cumulative effect of all licences should not be detrimental to the conservation status of populations of EPS; ii. licences should not be unreasonably withheld or revoked; iii. assessments of conservation status should be based on agreed species conservation data and appropriate species experts should be consulted when appropriate, and in particular where sufficient data may not be available. Defra’s EPS licensing policy has attracted considerable attention and a number of Government departments, including BIS, DCLG and MoD, have all expressed concerns at the implications of the relevant legislation or its implementation on their interest areas. These concerns reflect a number of substantive knowledge gaps and consequent discussions between Defra (WSCD and NEST),NE and the Highways Agency, have identified the following topics as priorities for research in England: A. Examining the fate of bat colonies excluded from houses. B. Examining the fate of local great crested newt populations following licensed developments. C. Evaluating our approach to resolving conflicts with European Protected Species (with specific reference to development). D. Evaluating potential mitigation measures and good practice for European Protected Species affected by roads. E. Improving mitigation success for Serotine and Natterer’s Bats. This project addresses these priorities through desk studies involving largely literature reviews and feasibility assessments. It is anticipated that these scoping studies will shape subsequently commissioned fieldwork evaluations of resulting recommendations.
United Kingdom