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Wildfowling on Natura 2000 sites: an outline of statutory obligations Paul Horswill English Nature

Wildfowling on Natura 2000 sites: an outline of statutory obligations Paul Horswill English Nature. Presentation outline. Background to National and International Law Designated sites in England Process of consenting operations on Natura 2000 sites Wildfowling examples.

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Wildfowling on Natura 2000 sites: an outline of statutory obligations Paul Horswill English Nature

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  1. Wildfowling on Natura 2000 sites: an outline of statutory obligationsPaul HorswillEnglish Nature Working towards Natural England for people, places and nature

  2. Presentation outline • Background to National and International Law • Designated sites in England • Process of consenting operations on Natura 2000 sites • Wildfowling examples Working towards Natural England for people, places and nature

  3. English Nature & Wildfowling • Recognise the sustainable harvesting of quarry waterfowl as a legitimate use of a wildlife resource • Greatly value wildfowling clubs positive management of Natura 2000 sites • Work closely with wildfowling organisations to ensure continuation of sustainable wildfowling Working towards Natural England for people, places and nature

  4. National and International Law • National • National Parks Act 1949 • Wildlife and Countryside Act 1981 (as amended) • International • EU Birds Directive 1979 • EU Habitats Directive 1992 • (Habitats Regulations 1994) Working towards Natural England for people, places and nature

  5. Designated Sites SSSI SPA SAC Working towards Natural England for people, places and nature

  6. Consenting operations on Natura 2000 sites • National legislation • Section 28(E) Wildlife and Countryside Act 1981 (as amended by Countryside and Rights of Way Act 2000) • International legislation • Article 6(3) & 6(4) of the Habitats Directive 1992 Working towards Natural England for people, places and nature

  7. Consenting operations on SSSIs Written Notice Consent Consent with Conditions Refuse Statement of Reasons Statement of Reasons Appeal Appeal Working towards Natural England for people, places and nature

  8. Consenting operations on Natura 2000 sites Written Notice Assessment Procedure under Habitats Directive Consent Consent with Conditions Refuse Statement of Reasons Statement of Reasons Appeal Appeal Working towards Natural England for people, places and nature

  9. Assessment procedure under Habitats Directive Necessary for management? Article 6(3) Likely significant effect? Ascertain no adverse effect(appropriate assessment) Alternative solutions? Article 6(4) Overriding public interest? Compensation? Working towards Natural England for people, places and nature

  10. Wildfowling assessments under Habitats Directive • Necessary for management? • Wildfowling not considered necessary • Likely significant effect? • Low threshold • Removal of SPA quarry species • Disturbance of SPA quarry and non quarry species Working towards Natural England for people, places and nature

  11. Wildfowling Appropriate Assessments • Appropriate Assessments • Must ascertain no adverse effect on the integrity of the Natura 2000 site, before consent can be granted • “the coherence of its ecological structure and function, across its whole area, that enables it to sustain the habitat, complex of habitats and/or the levels of populations of species for which it was classified” Working towards Natural England for people, places and nature

  12. Wildfowling Appropriate Assessments Working towards Natural England for people, places and nature

  13. Wildfowling Appropriate Assessments • Removal of SPA quarry species • Bag returns vs total individuals Working towards Natural England for people, places and nature

  14. Wildfowling Appropriate Assessments • Disturbance of SPA species • Is there a link between disturbance from wildfowling and trends in bird numbers? • Trends in bird numbers vs • Wildfowling history • Wildfowling intensity • Number of days within 173 day season • Number of visits within 173 day season • Number of simultaneous visits Working towards Natural England for people, places and nature

  15. Case study 1 Working towards Natural England for people, places and nature

  16. Case study 2 Working towards Natural England for people, places and nature

  17. Case study 3 Working towards Natural England for people, places and nature

  18. Case study 4 Working towards Natural England for people, places and nature

  19. Conclusions • Operations must be ascertained to have no adverse effect on the integrity of Natura 2000 sites before they can proceed • Sustainable wildfowling proposals have no adverse impact on the integrity of Natura 2000 sites • Key data to determine above is trends in bird numbers, wildfowling history and wildfowling intensity • Good relationships between wildfowling and conservation organisations ensures sustainable wildfowling can continue throughout Natura 2000 network Working towards Natural England for people, places and nature

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