Chamber and committees

Since the response to question S4W-14154 on 2 May 2013, there have been no further reintroductions of freshwater pearl mussels in Scotland. Scottish Natural Heritage remains unclear why some previous reintroductions have been unsuccessful and intend to investigate this issue in 2015. Since 2011, when the last reintroduction took place, efforts have been focused on protecting and restoring existing freshwater pearl mussel populations, particularly through partnership projects such as ‘Pearls in Peril’.

The research referred to in the answer to question S4W-22462 is solely to identify the host salmonid species of particular freshwater pearl mussel populations. As such, the research is focused on the freshwater environment and does not examine sea lice or any other marine issues.

The literature review on the use of herbicide to control aquatic plants, including ranunculus in rivers, was commissioned by the Spey Fishery Board. The Spey Fishery Board has published the review on their website:

http://www.speyfisheryboard.com/wp-content/uploads/downloads/2014/12/412815-Control-of-Ranunculus-on-the-Rivers-Spey-Dee-and-Don_FINALv2.pdf.

The review concluded that no chemical solution currently exists that is specifically recommended for the control of submerged aquatic plants such as ranunculus.

The review did identify a product that appears to offer some potential to treat ranunculus in rivers. The Dee, Don and Spey District Salmon Fishery Boards collaborated and conducted a trial during summer 2014 in the River Don to test the effectiveness of the product. The results of the trial are unknown at present. Once the results become available, they will help determine if there is value in undertaking further experimental and field trials.

The proposed good practice guide on Ranunculus management for river managers has not been produced. Following the literature review of herbicides that could be used to control Ranunculus, Scottish Natural Heritage felt that the preparation of a good practice guide was not a high priority at present. The demand for a good practice guide will be revisited once the outcome of on-going work to identify a possible chemical control for Ranunculus is complete.

The good practice guidance on Constructed tracks in the Scottish uplands was published in June 2013 and is available here:

http://www.snh.gov.uk/publications-data-and-research/publications/search-the-catalogue/publication-detail/?id=513

The sanctions that could be imposed on those who damage freshwater pearl mussels because they have not followed the guidance will vary depending on the circumstances. However, sanctions associated with damaging freshwater pearl mussels and/or causing pollution may be the most serious and could include prosecution under the Wildlife & Countryside Act 1981, the Water Environment (Controlled Activities) (Scotland) Regulations 2011 or the Conservation (Natural Habitats, &c.) Regulations 1994. Other sanctions may include enforcement action by a planning authority for breach of conditions in a planning permission. Enforcement action could also be taken, should the damage be particularly severe, under the Environmental Liability (Scotland) Regulations 2009.

The ‘Mental Health and Learning Disability Bed Census: One Day Audit’ and the ‘Mental Health and Learning Disability patients: Out of Scotland and Out of NHS Placements Census’ was held on 29 Oct 2014.

NHS boards are in the process of validating and submitting their data to the Scottish Government for analysis and publication. A report is planned for publication by the Scottish Government in spring 2015.

The report will be accessible via the Scottish Government's publications webpage: http://www.scotland.gov.uk/Publications/Recent

Further information about the censuses is available here:

http://www.scotland.gov.uk/Topics/Statistics/Browse/Health/DataSupplier/MHandLD.

The programme of ‘Sharing Good Practice’ events organised by Scottish Natural Heritage (SNH) for 2015 is still to be finalised. However, SNH plan to hold an event in March 2015 focused on the monitoring and enforcement of conditions associated with renewable energy schemes. This will be aimed at regulators and developers of onshore renewable energy schemes, including hydro electric schemes. While not specific to freshwater pearl mussels, it is intended that improving awareness about the importance of both monitoring and enforcing planning and other conditions that are in place to protect the environment will lead to a reduced risk of damage to the water environment and freshwater pearl mussels.

The National Wildlife Crime Unit carried out an operation to look at the trade in freshwater pearls. This operation confirmed that pearl fishers do not appear to be selling illegally taken pearls to jewellery outlets within the UK.

Historically, freshwater pearl markets existed in Paris and South America. Alerts to the UK Border Force to report back individuals carrying pearls out of the UK on these routes failed to confirm that these markets still exist. Auctioneers have advised Police Scotland that Scottish freshwater pearls are currently undervalued (with salt water pearls commanding the world markets) and that items of historic Scottish pearl jewellery, thought to be worth thousands of pounds, are only commanding values in the hundreds of pounds. It is therefore considered that pearl fishers are keeping illegally taken pearls for themselves and that no markets currently exist.

In light of the above, no actionable intelligence has yet been raised to activate enforcement action with regard to illegal pearl markets and sales. However, work continues to identify possible pearl fishers where reports are received by Police Scotland.

The Crown Office has received no reports involving offences under S9(5)(a) and S9(5)(b) of the Wildlife and Countryside Act 1981, concerning freshwater pearl mussels, since 28 May 2013.

Fish farms are not included among the ‘barriers to fish migration’ that are to be removed. In the answer to question S4W-22462, the “removal of barriers to fish migration” referred to the removal of physical obstacles to fish migration within rivers such as weirs and dams, either by physical removal of the structure or by the installation of a fish pass.

The research commissioned by Scottish Natural Heritage is due to be published in March 2015. It is understood that the research conducted by the Integrated Aquatic Resources Management between Ireland, Northern Ireland, and Scotland project has yet to be finalised, although initial results are available here:

http://www.loughs-agency.org/ibis/the-project/research/13-conservation-ecology-of-the-freshwater-pearl-mussel