Chamber and committees

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.

The Scottish Government has two permanent employees paid more than £142,257.

As part of the UK Biodiversity Action Plan for freshwater pearl mussels, a trial reintroduction to two tributaries of rivers in the Cairngorms took place in 2005. The freshwater pearl mussel was subsequently included in the Species Action Framework and during the period 2007-12 further action was taken to look at potential reintroduction to distinct catchments from which the species had been lost. Following research work that identified a number of potential reintroduction sites, and examined the species’ genetic diversity, a reintroduction programme was finalised.

A further reintroduction took place in Argyll during 2011. Follow up monitoring demonstrated disappointing results with poor recruitment in the Cairngorms, although there appears to have been better results in Argyll. The reasons for the different results are not clear. Further monitoring is scheduled to take place during 2013 at all three reintroduction sites which will inform further potential reintroductions.

Antique freshwater pearl mussel. Licences issued for sale of pearls between 1999-2011:

Year	Antique freshwater pearl mussel licences issued (To sell/jewellery trade) under Section 16(4) (b) of the Wildlife and Countryside Act 1981.
1999	The Scottish Government does not hold this information
2000	The Scottish Government does not hold this information
2001	0
2002	1
2003	1
2004	1
2005	1
2006	11
2007	6
2008	11
2009	11
2010	18
2011	21*
2012	8
2013	2 (as of 1st April 2013)

* The Scottish Government issued 11 licences to sell freshwater pearls in 2011. This relates to freshwater pearls taken before 1998, when freshwater pearl mussels were not protected. Scottish Natural Heritage (SNH) were given the responsibility for the licensing of the sale of pearls from freshwater pearl mussels on 1 July 2011. SNH issued a further 10 licences in 2011, giving a total of 21 for that year.

The first national survey of freshwater pearl mussel populations was commissioned by Scottish Natural Heritage and undertaken by Cosgrove and Young in 1997. A repeat national survey, which includes all known non-designated rivers with pearl mussel populations, has recently started. Fieldwork is taking place in 2013 and 2014, and the final report is due to be submitted to Scottish Natural Heritage in early 2015.

Access rights under the Land Reform (Scotland) Act 2003 extend to nature reserves and other conservation areas (including Special Protection Areas). The Scottish Outdoor Access Code provides detailed guidance on the responsibilities of those exercising access rights and of those managing land and water.

The National Access Forum (as established by Scottish Natural Heritage to advise on national issues linked to Scottish access rights) has drawn up additional guidance on managing access with dogs in protected areas to safeguard breeding birds. This is available via the following web link:

http://www.snh.gov.uk/docs/B1012165.pdf

If necessary, access rights may be subject to modification for reasons which include satisfying the requirements of relevant EU Directives.

In their responses to planning and Controlled Activities Regulation licence applications, Scottish Natural Heritage (SNH) seek pre-construction surveys and also a construction method statement.

In addition, SNH and the Scottish Environment Protection Agency (SEPA) have produced joint good practice guidance for hydro construction; and SNH recently held two Sharing Good Practice (SGP) Events aimed at both regulators and developers.

http://www.scottishrenewables.com/publications/hydro-construction-guide-good-practice/

A further SGP event is scheduled for June on “Upland Tracks and Renewable Energy Development” and the associated good practice guidance on constructed tracks in the uplands is currently being revised in consultation with SEPA. The event is focused on discussing the key natural heritage impacts arising from the construction, maintenance and after-use of track developments, and highlighting the potential disturbance to fish and invertebrate species, including freshwater pearl mussels, in areas where access tracks cross rivers and streams.

More generally, SNH has also published guidance on how best to protect freshwater pearl mussels to help inform those considering river engineering works. This is available on their website at:

http://www.snh.gov.uk/publications-data-and-research/publications/search-the-catalogue/publication-detail/?id=1519.

The recovery of the costs of remediation from those responsible was a matter for SEPA in consultation with SNH. In the event, remediation has not been pursued as it would not have been practical and possibly even detrimental to attempt to remove silt from freshwater pearl mussel beds. Consequently there are no costs to bear.

<>Preventative measures are set out in A Guide to Hydro Power Construction Good Practice http://www.scottishrenewables.com/publications/hydro-construction-guide-good-practice/: a joint publication by Scottish Renewables, SEPA, SNH and the Scottish Government. The Guide also outlines the need for planning permission and water environment Controlled Activities Regulations (CAR) authorisations for hydropower schemes and signposts businesses to pollution prevention guidelines relevant to construction.

The Scottish Government liaises closely with planning authorities and holds regular discussions with key agencies including SNH and SEPA on policy, practice and regulatory functions in relation to the environmental impacts of development.