Using modelling to inform assessments of the conservation status of great crested newts

Transcription

1 Using modelling to inform assessments of the conservation status of great crested newts Matt Ellis Swyddog Rhywogaethau Rhanbarthol/ Senior Species Officer Cyfoeth Naturiol Cymru / Natural Resources Wales Tony Gent Chief Executive Officer Amphibian and Reptile Conservation

2 Overview 1. Setting the Scene: 2. The Habitats Directive and Conservation status 3. Relevance to Landuse and Landuse Change 3. Modelling 4. Applications of Modelling 5. Approaches to Evidence Compliance with the Directive re Species 6. Pioneering Approaches and the Future 7. Spatial Conservation Planning

3 The Habitats Directive & Conservation Status Aims: To maintain or restore the Favourable Conservation Status of European habitats and species (Article 2:2) Mechanisms : Designation and management of European (N2K) sites (Article 6) Planned provision and management of stepping stone and linear features (Article 10) Protection of European Protected Species (Article 12) Regulation of incidental capture and killing (Article15) Derogation in respect of EPS (Article 16)

4 Conservation Status Conservation status = sum of all influences on a habitat or species now and in future (ie the long term *(cf Condition assessments) Habitats Directive defines conservation status and what is favourable in Article 1 Planning decisions must demonstrate no detriment to the maintenance of favourable conservation Status of EPS. Need to differentiate and consider both Current Conservation Status (CCS) and Favourable Conservation Status (FCS). FCS is being applied#* at all population levels: from sub-populations, through to county, country, member state and European levels. Contextual information (look at info submitted by an applicant (Survey + mitigation + compensation. Does it demonstrate no detriment!). Often missing in ecological surveys. # Nationally significant legal cases concerning Article 16 and FCS: Woolley v East Cheshire CC 2009; Hafod Quarry (Mersey W aste Holdings Ltd v Wrexham County Borough Council) Land Tribunal 2011 and Court of Appeal * Anon (2007) Habitats Directive Article Guidance, European Commission FCS [Parity] Site/Colony Meta Population-County Country GB (CF EIA assessment criteria = hierarchical approach)

5 So when is statutory consideration of FCS Applicable to decision making? The need to consider FCS is listed in Wales Planning Policy: TAN 5 (& similar guidance in England and Wales) Conservation of Habitats and Species Regulations 2010 Reg - 53 (2) Derogation Licensing In both of the above, consent for a derogation shall NOT be granted unless a regulator (eg LPA, WAG, CCW, EA etc) is satisfied that the authorised action will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range Environmental Damage Regulations (2009) Note that EDR refers to damage to statutory sites, European habitats and European Species Note outcome of the Woolley case

6 Material Questions What is Current Conservation Status (CCS)? What constitutes Favourable conservation status (FCS)? If you do not know what either CCS or FCS is, then how can you demonstrate a plan or project will not be detrimental This has potential implications for European (Protected) Species and European Habitats Surveillance and other information may help to answer the above

7 Activities that influence FCS Other Habs Directive Designation of SACs (N2K sites) (Article 3)* Protection of European Species (Article 12) Planned provision and management of stepping stone and linear features (Article 10) Regulation of incidental capture and killing (Article15) Derogation in respect of European Species (Article 16) Biodiversity action Statutory/non statutory site safeguard and management Agri-environment Forward planning and development control (Species issues back loaded to developer) Environmental permitting Connectivity Forestry Agriculture Roads and other infra structure Climate change Statutory site management Recreation

8 Defining CCS and FCS NRW and ARC have led developmental modelling work that aims to Define current status attributes Inform the rationale for favourable Informing best locations for actions: Survey habitat creation Inform Spatial Conservation Status Plans Consequent better and more resilient forward planning and development control

9 Factors influencing FCS at a County level Climate Change Agri Environment Forestry Development Control & Forward Planning FCS Site: County, Country, UK Environmental Permitting UK/Country/County BAP action SSSI/N2K Wider Countryside Recreation WES 21 Site Safeguard S9/s39 Action LBAP

10 Complying with the Directives The Conservation of Habitats and Species Regulations 2010 (as amended) Regs: Reg 9 (1) Public bodies (WG) and statutory nature conservation bodies (NRW) must exercise their functions under the enactments relating to nature conservation so as to secure compliance with the requirements of the Habitats and Birds Directive and Reg 9 (5) competent authority (eg LPA s), in exercising any of their functions, must have regard to the requirements of the Habitats and Birds Directives The implications of this are that the consideration of Article 16 derogation purposes and mandatory tests (NSA & FCS) is applicable to all statutory decision makers whatever their regulatory process, eg planning, forestry, environmental consenting etc.

11 EPS Conservation Issues No overall vision and objectives Backloading consideration to developers Fragmentation (habitat, policy and action) Focused on individuals rather than conservation status at site levels (saving individuals/loosing populations) Focus at development control as opposed to forward planning Fragmented approach to compensation Effectiveness of compensation for small schemes Difficulty/lack of mechanisms to undertake strategic or composite action Requirements for long term site security, management and wardening (see FCS definition) Incidental capture killing at construction and operational phases of a project. Lack of knowledge where derogation/compensation sites exist Costs

12 GCN In North Wales Over 800 known sites 3 SACs, 5 SSSIs Many populations located close to settlements Potential conflict development Delivery of effective surveillance and conservation action Considered decline EC Complaint! dno Colwyn Bay Abergele Betws-y-coed Crown Copyright and database right Ordnance Survey Bala Prestatyn Rhyl StAsaph Denbigh Corwen Ruthin Holywell Flint Queensferry Mold Wrexham Llangollen ARC 2010

13 European Commission Pilot Case: 1126/10/ENVI protection of great crested newts in the UK Commission would welcome information on the model when ready. Explanation in respect of integration with adequate field-work so that it is credibly ground-truthed as to population distribution and numbers. provide more credible evidence that the UK has a proper understanding of the pond losses and gains issue and that our (collective) management interventions, e.g. AES, Million Ponds Project etc, are working; how future surveillance improvements/ approaches will feed into the planning system decision-making. Defra Task Force. Includes ARC, NRW, FCC (&WCBC). Work Streams (Planning, FCS and Surveillance (national and loca) Wales in better position than England owing to pioneering work Action Plan to be Submitted to EC very soon

14 Defining CCS and FCS NRW and ARC have led developmental modelling work that aims to Define current status attributes Inform the rationale for favourable Informing best locations for actions: Survey habitat creation Inform Spatial Conservation Status Plans Consequent better and more resilient forward planning and development control

15 Crown Copyright and database right Ordnance Survey Modelling and Its applications - Modelling be used to inform current and favourable conservation status - Preparing spatially based conservation plans - Targeting of action for connectivity purposes - Assessment of development control impacts/provision of green infrastructure - Informing forward planning (Wrexham GB Pilot) - Proposed application of preparing spatial conservation status plans at county levels (link BAP and FCS) - A range of species have been subject to modelling: LHB s, Water vole, marsh fritillary

16 Conservation Status Plans Modelling to define Current and Favourable Conservation status - Informed by Modelling, surveillance and land management (gains and losses) Conservation Objectives -Spatial - County focused - Proposed updates by the LRC s/surveillance networks - Potentially pivotal for informing land use, land management and landuse change Ecological Surveillance & Monitoring Conservation Status Strategies Spatial Plans to assist decision makers / Statutory bodies - Addresses FRAGMENTATION issues: policy and action as well as habitat Action Plan = Species (or Habitat) Action Plan - Used elsewhere in Europe*. - Compliant with EC guidance#. Potential link with Natural Resource Management Plans * Institute for European Environmental Policy (2013) Review of Favourable Conservation Status and Birds Directive Article 2 Interpretation within the EU. Report to NE # See Paragraph 54 of Guidance Document on the Strict Protection of animal species of Community Interest under Habitats Directive 92/43/EEC

17 Modelling/Status Planning: Benefits Consideration of EPS at forward planning rather than focused at development control stage Better/more informed contextual information (thereby more informed demonstration of no detriment to FCS); Improved surveillance/assessment (planning and surveillance outputs) Use of modelling to inform project planning (application with utility provision) Informed selection of mitigation/compensation sites Informed biodiversity banking or off setting More resilient and compliant public decision making

18 Strategic or Composite Compensation Spatial planning/modelling can help inform strategic or composite compensation schemes In c.2000, CCW worked with the Welsh Development Agency (now part of WG) to design a strategic GCN mitigation scheme for the St Asaph Business Park. The approach included the dedicated provision of a reserve and the provision of a network of green wedges. Since development the population has increased by at least one order of magnitude (cf other mitigation sites where either status was maintained or as in most cases deteriorated) Site now meets criteria for selection as SSSI

19 Biodiversity Offsetting? Conservation activities designed to deliver biodiversity benefits in compensation for losses, in a measurable way. Offsetting is tool with potential to benefit GCN Political/ economic pressure to do so Possible way forward that utilizes the context of (Spatial) Conservation Planning & link to FCS

20 Lack of Integrated Action: Fragmentation - habitat, action and policy Silo elimination Climate Change Agri Environment Forestry Development Control & Forward Planning SSSI/N2K Favourable Conservation Status Levels Site, County, Country, MS Wider Countryside FCS Endurance Environmental Permitting UK/Country BAP action Recreation WES 21 Site Safeguard S9/s39 Action LBAP

21 Diolch yn fawr am wrando Thank you for listening Ar 1 Ebrill 2013, unodd Cyngor Cefn Gwlad Cymru, Asiantaeth yr Amgylchedd Cymru a Chomisiwn Coedwigaeth Cymru gan greu un corff, sef Cyfoeth Naturiol Cymru. As of 1 April 2013, the Countryside Council for Wales, Environment Agency Wales and Forestry Commission Wales became Natural Resources Wales Twitter: Facebook: Flickr: Youtube: twitter.com/nareswales facebook.com/natreswales Flickr.com/NatResWales youtube.com/natreswales