Chamber and committees

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.

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.

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.

All licensing decisions undertaken by the Scottish Government are considered in accordance with the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) which transpose the requirements of Council Directive 92/43/EEC (the Habitats Directive).

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.

The overall aim is to develop a Marine Protected Area network. All locations are assessed against the MPA selection guidelines and must also satisfy the OSPAR requirements for an ecologically coherent network. Where options to represent features offer the same value, then other factors will be considered.

Socio-economic factors may be considered in selection of sites, where two or more potential areas/search locations meet the scientific guidelines, in order to inform ministers' final decisions. Stakeholders have also been offered the opportunity to comment on whether they have a particular preference for options identified by SNH or JNCC.

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 exercises for offshore wind and wave and tidal energy in Scottish waters are a tool for developers at an early stage in searching for potential areas. The scoping exercises 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.

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.

The government will make a report to Parliament on MPAs in December 2012. Following this we will consult and designate MPAs in 2013. Once designated MPAs will be reviewed periodically to ensure that they are meeting, or are capable of meeting, the agreed conservation objectives and whether any additional management is likely to be required.