Notes

6.1 This section deals with statutory designations in terms of conservation. For the natural heritage there is information on protected species, on fishing, and on the distribution of selected mammals in Scotland. The built heritage is represented by scheduled ancient monuments, listed buildings, designated conservation areas, and the national inventory of historic gardens and designed landscapes.

Designated and Protected Areas

6.2 Scottish Natural Heritage (SNH) has the responsibility of advising the Secretary of State and public agencies on policies for, and the management of, the natural heritage and countryside of Scotland. The aim of SNH is to secure the conservation and enhancement of the natural environment in a sustainable way, and to foster understanding and enjoyment of the countryside.

6.3 National Scenic Areas (NSAs) are areas of outstanding landscape value defined by SNH and designated by the Secretary of State (table 6.3). Country Parks are established by local authorities to provide facilities for outdoor activities, which may be grant aided by SNH (table 6.4). Regional Parks are large areas of countryside partly devoted to recreation, designated by the previous Regional Councils with the support of SNH (table 6.5 and map 6.1). The four existing parks are now managed by the new local authorities.

6.4 Green Belts are defined in local authority development plans to control development adjacent to large urban areas. The aim is to prevent urban sprawl and to safeguard the countryside around towns. There are currently 6 Green Belts designated in local authority plans (table 6.6).

6.5 Under the terms of the Wildlife and Countryside Act 1981, SNH designates Sites of Special Scientific Interest (SSSI) for reason of their flora, fauna, geological or physiographic interest, and specifies operations likely to damage that interest (tables 6.2, 6.9 and map 6.2), but existing land uses are normally incompatible with SSSI designations.

Owners and occupiers of SSSIs notified under the Wildlife and Countryside Act 1981, are required to consult SNH before carrying out any activity likely to damage or destroy features of interest. Table 6.11 shows damage to SSSIs.

In keeping with new monitoring standards due to be fully implemented in April 1998, damage cases have been ascribed to seven types of activity, and the threshold separating long-term from short-term damage has been reduced from 15 to three years. The definitions used in the table 6.11 are thus:

Cause of damage:	agriculture, forestry, development, recreation, sporting, other activities, and unknown;
Short-term damage:	from which interest features are likely to recover in three years or less;
Long-term damage:	from which recovery will require more than three years;
Recovery unlikely:	damage from which interest features are unlikely to recover.

SNH is empowered by Section 15 of the Countryside Act 1968 to enter into agreements with the owners, leases, and the occupiers of land designated as SSSIs to safeguard the nature conservation of the sites (tables 6.12 and 6.13).

6.6 Areas of national importance are declared as National Nature Reserves (tables 6.2, 6.9 and map 6.2), and local authorities can establish Local Nature Reserves in consultation with SNH to protect areas of local interest (table 6.2 and map 6.2). SNH is also responsible for marine nature conservation and has published a list of Marine Consultation Areas (tables 6.2 and 6.8) where consultation is required on developments affecting the marine environment.

6.8 Special Protection Areas (SPAs) are classified by the Secretary of State for Scotland to comply with international obligations under the European Community Wild Birds Directive which requires wild birds and their habitats to be protected. The Ramsar Convention requires wetlands of international importance to be classified to safeguard their wetland habitat and protect wildfowl. In the UK, SPAs and Ramsar sites have SSSI status, and development will be strictly controlled where it is likely to damage the bird or wetland interests. (table 6.2 and map 6.2).

Special Areas of Conservation (SAC), shown in map 6.2, are also designated by the Secretary of State to comply with the requirement of the EC Habitats Directive to protect internationally important habitats and species. SPAs and SACs together will form a European network of sites known as Natura 2000.

UNESCO World Heritage Convention invites nominations of universal nature conservation, landscape or cultural importance to be designated as a World Heritage Site. There are two world heritage sites in Scotland: St Kilda (natural) and Edinburgh Old and New Towns (cultural). Other sites are proposed for nomination, including the Cairngorms and New Lanark.

6.9 The Royal Society for the Protection of Birds (RSPB) the Scottish Wildlife Trust, The Wildfowl & Wetlands Trust, The Woodland Trust, The National Trust for Scotland and other non-governmental organisations, contribute to landscape and nature conservation by managing land owned, leased, or held by agreement (table 6.14 and map 6.3). Many of their properties are also SSSIs.

6.10 Table 6.15 shows the annual membership of selected voluntary environmental organisations. The Royal Zoological Society of Scotland is an independent charity, promoting conservation of species, environmental education, scientific study and recreation.

The Special Grants (Environmental )Programme

6.12 The Special Grants (Environmental) Programme (table 6.19) began in April 1987, to assist voluntary environmental organisations to improve their overall capability and effectiveness in carrying out work in furtherance of the Government's environmental aims. The table shows expenditure up to 1996-97.

Since 1 April 1997, the programme has been split as follows:

• the Scottish Rural Partnership Fund offers grants for environmental projects in rural areas, (with emphasis on community applications), and provides core funding for environmental organisations which cover the whole of Scotland, usually in the form of pump-prime grants.
• the Sustainable Action Fund offers grants for urban environmental projects and for organisations and projects concerned with sustainable development or environmental education.
• Historic Scotland offer grants to voluntary organisations involved in the conservation of the built heritage.

6.13 Environmentally Sensitive Areas (ESAs) (tables 6.1, 6.7, and map 6.1) are areas of ecological and scenic value within which farmers are encouraged to adopt appropriate farming practices to conserve the natural beauty and nature conservation interest in the land, and to protect any historic or archaeological features. ESAs are designated by the Secretary of State for Scotland on the advice of SNH and the recommendation of the Scottish Office Agriculture, Environment and Fisheries Department (SOAEFD).

Environmental Assessment

6.14 If a proposed development is deemed likely to have significant environmental effects, then an environmental assessment (EA) should be carried out. This is a process whereby information about the impact on the environment of a particular project is collected and assessed, before it is decided whether or not the project should be authorised. The information is presented in an Environmental Statement (ES) which is a publicly available document, prepared by the developer. Copies of all ESs are received by the Secretary of State. The majority of projects which require EA fail to be approved under planning legislation. Table 6.23 details the number of ESs received to date by local planning authorities, and the type of project for which they have been prepared.

The Built Heritage

6.15 Statutory responsibility for the protection of Scotland's built heritage - through the scheduling of monuments and the listing of buildings - lies with Historic Scotland, an executive agency of the Secretary of State. Historic Scotland's principal activities are to protect, conserve and promote the built heritage of Scotland. The agency's activities are funded by Central Government and income from commercial operations associated with presentation of the monuments.

6.16 Chart 6.4 details Historic Scotland's gross spend by activity, and table 6.21 shows income and expenditure. Table 6.22 details Historic Scotland's key performance targets. The Secretary of State sets key performance measures for the agency. Each measure is concerned with an important and measurable aspect of Historic Scotland's work, particularly those which have a substantial impact on its customers or which involve a significant investment of staff and other sources.

Ancient Monuments

6.17 The 6,542 scheduled ancient monuments (map 6.4)) are those monuments recognised to be of national importance and protected against deliberate or accidental damage by being "scheduled" under the Ancient Monuments and Archaeological Areas Act 1979. The 330 monuments in the care of the Secretary of State are shown on map 6.5.

A list of Ancient Monuments is published by Historic Scotland. The Secretary of State has to give consent for any works to be carried out which affect a scheduled monument or for the use of a metal detector. He also has to be consulted about development proposals which may affect the site of an ancient monument. Some monuments, scheduled and unscheduled, are the subject of management agreements and grants may be available to their owners. The Secretary of State also provides advice and guidance on how archaeological remains and discoveries should be protected and dealt with under the planning system.

Listed Buildings

6.18 Buildings can be listed as being of special architectural or historic interest. Table 6.20 records the number of listed buildings by category. The categories are defined as follows:

Category A: buildings of national or international importance, whether architectural or historic, or fine, little altered examples of some particular period, style or building type.

Category B: buildings of regional or more than local importance, or major examples of some particular period, style or building type which may have been altered.

Category C: buildings of local importance; lesser examples of any period, style or building type, as originally constructed or altered; and simple traditional buildings which group well with others in categories A and B or are part of a planned group such as an estate or industrial complex.

Listing protects against unauthorised works of alteration, extension or demolition, and ensures careful consideration of development or demolition proposals.

Properties in Care

6.19 There are 330 ancient monuments and historic buildings in the care of the Secretary of State for Scotland. These are conserved for the future by Historic Scotland and are open to the public. Historic Scotland actively encourages visitors to these properties for enjoyment and education. In the year 1996-97 a total of 2.9 million visitors from the UK and overseas were welcomed at the 62 staffed properties. Of these Edinburgh Castle attracted 1.2 million visitors and Stirling Castle 400,000. A programme of free educational visits is run by Historic Scotland and 70,000 of these visits (mainly schoolchildren) were made during the year. Visitors can find out more about the properties and make unlimited visits to them by joining the Friends of Historic Scotland which currently has 42,000 members.

Conservation Areas

6.20 Local authorities may designate areas, as distinct from buildings, as being of architectural or historic interest. Authorities also publish policies and proposals for the preservation and enhancement of Conservation Areas. The national importance of any Conservation Area is recognised by its classification as Outstanding by the Secretary of State. Table 6.17 provides details of the number of conservation Areas and those classified as Outstanding.

Gardens and Designed Landscapes.

6.21 Gardens and designed landscapes are an important part of Scotland's cultural heritage and can provide an important resource for recreation and tourism. The Inventory of Gardens and Designed Landscapes in Scotland, published in 1988, provides a systematically obtained record of 275 existing historic gardens and designed landscapes as a basis for research and policy formulation. Table 6.18 gives a breakdown on the number of Inventory sites by region. Work is now in hand to extend the number of recorded sites.

Planning authorities are required to consult the Secretary of State on any planning application which is likely to have an effect on an Inventory site.

6.22 The National Trust for Scotland is an independent charity which promotes the preservation of buildings and landscape and encourages public enjoyment of these through ownership and management of properties. (map 6.3).

Species at Risk and Protected Species.

6.23 The International Union for the Conservation of Nature (IUCN) has recently re-defined categories of threatened species which indicate the degree to which they are at risk of extinction.

Critically Endangered: Taxa which face an extremely high risk of extinction in the immediate future

Endangered: Taxa which face a very high risk of extinction in the near future

Vulnerable: Taxa which face a high risk of extinction in the medium-term future

However, as many species have not yet been defined under these new categories, the information provided under table 6.26 is still defined under the following original risk categories:

Endangered : those in danger of extinction and whose survival is unlikely if current circumstances persist.

Vulnerable: those which are believed likely to become endangered if current circumstances exist.

Rare: those with small world populations that are not at present endangered or vulnerable, but are at risk.

6.24 Scotland supports significant populations of some of the species on the EC Habitats and Species Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora), including, notably otter, freshwater pearl mussel, bottle nosed dolphin, marsh fritillary butterfly and the only known site in Scotland for the green shield moss. In addition, many scarce or threatened species are either endemic to Scotland, such as the Scottish primrose, the Scottish crossbill, (our only endemic bird) and the moss Bryoerthrophyllum caledonicum, or are restricted to Scotland in the UK, such as the New Forest burnet moth, pygmy weed, and alpine sow-thistle. Some rare species, such as the blue heath, (a member of the heather family) which occurs in snow beds in Scottish mountains, may be valuable indicators of, and be threatened by, climate change.

Many species of plants and animals are fully or partially (e.g. during the closed season) protected by Government legislation (table 6.26). Despite the legal protection given to species, extinctions still occur. The rare fish vendace was lost this century from their only two Scottish locations in Dumfriesshire. Native populations now only occur in two English lakes, though vendace have recently been re-introduced to a Scottish loch as part of SNH's Species Action Program.

Population trends in species given special protection in Scotland

6.25 Table 6.27 gives population trends for all those species given special protection in Scotland, that is, those species listed in schedules 1,5 & 8 of the Wildlife & Countryside Act 1981 (WCA), on schedules 2 & 4 of the Natural Habitats (&c.) Regulations 1994, and badgers, which are protected under the Badgers Act 1992. Not all species are protected to the same degree, some are protected from sale only whilst others may receive full, and in some cases dual, protection under the WCA and Habitats Regulations.

The trends identified are based on the most recently available data (Fleming, 1997). In the case of birds, this is largely derived from changes detected between atlases published for 1968-1972 and 1988-91; for plants from changes in distribution since 1970. Trends for other species groups are largely derived from species-specific studies, within the period of the last 25 years, and may describe changes in range, numbers of populations, or numbers of individuals. In many cases, especially for less well studied groups, there are insufficient data for any change to be identified.

Reference: Fleming L. V., (1997). Protecting biodiversity: mechanisms and their effectiveness. In Biodiversity in Scotland: status, trends and initiatives. (Ed. by L.V. Fleming, A. C. Newton, J.A. Vickery & M. B. Usher). pp 261-272. The Stationery Office, Edinburgh.

Grey and Common Seals

6.26 The Sea Mammal Research Unit (SMRU) of the Natural Environment Research Council (NERC) carries out annual surveys of the grey and common seal population to meet the requirements under the Conservation of Seals Act 1970 (table 6.28).

Red and Grey Squirrel Distribution

6.27 Maps 6.6 and 6.7 were prepared from information supplied by the Biological Records Centre, Environmental Information Centre, Institute of Terrestrial Ecology, Monks Wood.

Fox Distribution

6.28 Map 6.8 was also derived from data supplied by the Biological Records Centre. The number of foxes in many parts of Scotland has increased during the last 30 years, spreading to areas where they were previously absent such as the North East. Exact figures are difficult to obtain, but recent studies suggest foxes are probably at their scarcest in the highlands with a density of less than 1 per 10km, at somewhat greater densities in lowland agricultural areas, and most numerous in parts of suburban Edinburgh (around 3 adults per km2 ) and Glasgow. Additional information can be found in the following papers:

A study of fox populations in Scotland from 1971 to 1976 (Journal of Applied Ecology (17) pages 7-19)

Distribution and density of fox breeding dens and the effects of management (Journal of Applied Ecology(23), pages 531-538.

Deer Distribution

6.29 Maps 6.9 - 6.12 show the distribution of red, roe, fallow and sika deer in Scotland. They are based on distribution data held by the Biological Records Centre from records supplied by the British Deer Society and the Mammal Society. The numbers of each species in Scotland according to figures from the Deer Commission for Scotland are as follows:

300,000	red deer (including 30,000 in woodlands)
200,000	roe deer
10,000	Sika deer
1,000 - 2,000	fallow deer

Badger Distribution

6.30 Map 6.13 was also derived from data supplied by the Biological Records Centre. The badger has been recorded throughout mainland Scotland and the Isle of Arran, but not from the Inner or Outer Hebrides, Orkney or Shetland. It appears to be absent from most areas of high moorland and mountains. A recent review of badgers suggests that numbers have probably increased during the present century, almost certainly due to a reduction in persecution by gamekeepers. Although widespread in Scotland the numbers of individuals in social groups are sometimes smaller than in other parts of Great Britain. Additional information can be found in the following books and paper:

Changes in the sizes of groups and ranges of the European badger (Meles meles L.) in an area of Scotland (Journal of Animal Ecology (56) pages 351-364)

The history, distribution, status and habitat requirements of the badger in Britain, by P. Cresswell, S. Harris, and D. J. Jefferies, published by the Nature Conservancy Council, Peterborough.(1990)

The social badger: ecology and behaviour of a group living carnivore (Meles, meles) by H Kruuk, published by Oxford University Press (1989)

Common Frog distribution

6.31 Map 6.14 was also derived from data supplied by the Biological Records Centre. The common frog has been recorded throughout mainland Scotland. It has been introduced to the Isle of Lewis, Shetland and Orkney, although the records from Orkney have not been received and therefore have not been mapped (see below for additional information on Orkney). Other apparent absences, at least from mainland Scotland, are probably the result of a lack of records rather than a real absence of frogs, except in the very highest mountainous areas.

Amphibia 1994 (Orkney Field Club Bulletin 1995, pages 55-56)

The status of mammals in Scotland

6.32 There are 62 species of mammals found in and around Scotland (Scottish Natural Heritage 1995). Table 6.27 gives summary information, where known, on the 48 species that breed on land. Estimates of the abundance of mammal species can vary from millions for some species (e.g. moles, field voles) to only hundreds for others (e.g. noctule bats). although the distribution of species varies throughout the UK, Scotland holds the entire British population of the Orkney vole (1,000,000), reindeer (80) and wildcat (3,500).

Sightings of muntjac have been recorded in 1994. A further 13 species around the coast of Scotland, including minke whale, (common), killer whale (common), harbour porpoises (frequent) and various dolphins (frequent to common). However, the trends of these are unknown.

Of these species breeding on land, table 6.27 shows that there have been 30 mammals native to Scotland (e.g. mountain hare), 16 species have been introduced (e.g. rabbits, American mink), and 2 species have been reintroduced (reindeer and polecat), following extinction in Scotland. Twelve mammals have become extinct in Scotland over the last 10,000 years, including elk, lynx, brown bear, beaver, and wild boar.

Reference: Scottish Natural Heritage, 1995. The natural heritage of Scotland: An overview. SNH, Battleby.

H.R. Arnold. (1993). Atlas of mammals in Britain. ITE research publication No 6. (JNCC, ITE/NERC). HMSO, London.

Mercury Concentrations in Fish

6.33 Mercury is a trace metal of particular concern in aquatic monitoring due to the possibility of its incorporation in the aquatic food chain and its transfer to people via marine foodstuff. Some fish exporters require a certificate containing a statement of the mercury content of their produce. A regular survey to monitor mercury concentration in fish was initiated in 1976. Until 1993, species of particular importance were sampled every 6 months (in spring and autumn). Changes in EC legislation have resulted in a review of this monitoring strategy. A new scheme was initiated in 1993 which decreases the effort on mercury and examines additional metals including cadmium and lead. Table 6.29 contains some of the results from this scheme. The complete set of results for mercury and other metals in a whole variety of species has been published; Trace Metals in Fish and Shellfish from Scottish Waters, Scottish Fisheries Research Report, Number 60, 1997, available from the Marine Laboratory, Aberdeen. There are no immediate plans to repeat such an extensive survey.

Salmon and Sea Trout Catches

6.34 Section 15 of the Salmon and Freshwater Fisheries Protection (Scotland) Act 1951 provides for the collection of returns from proprietors and occupiers of salmon fishings (table 6.30). The figures quoted are the reported catch: no allowance is made for non-returns or gaps in the roll of proprietors and occupiers. The weather, timing of salmon runs and the amount and quality of fishing effort can all affect the size of salmon catches. As these factors may vary from year to year a difference in catch does not necessarily indicate a difference in the abundance of the stock which provides the catch. Further information is available in the annual Scottish Office Statistical Bulletin: Scottish Salmon and Trout Catches.

Fish and Shellfish Farming

6.35 SOAEFD has statutory responsibility for fish and shellfish farms under the Diseases of Fish Acts of 1937 and 1983. The legislation requires all fish and shellfish farms to register with SOAEFD. Annual surveys of all registered shellfish, rainbow trout and salmon farming businesses are carried out by the Department, and the results published in its series of Annual Reports (tables 6.31- 6.33). The Crown Estate is responsible for granting sea bed leases for marine fish and shellfish farm sites (table 6.34 and map 6.15)

Fish Landings and Vessels

6.36. Statistics on sea fish landings in Scotland, maps 6.16 - 6.19 and tables 6.35 - 6.37 are collated by the 21 District Fishery Offices of SOAEFD Sea Fisheries Inspectorate. The data on weight and value are obtained from market sales notes completed at the first sale of the fish, additional information on fishing grounds, days at sea, hours fished, is obtained from the vessel's European Community Log books. The various species of fish are grouped on three main categories; demersal (i.e. whitefish) pelagic (i.e. herring and mackerel) and shellfish. For pelagic species, the direct sales by UK vessels to foreign containers or factory vessels (klondykers) for immediate export are included in the figures as landings.

6.37 Data on vessels (table 6.36) are obtained by fishing Officers at the District Fishery offices. All vessels actively engaged in commercial fishing and registered under the Merchant Shipping Act, 1988, are recorded.

6.38 Many statutory rules and regulations govern fishing operations in the interests of the conservation of fish stocks and the safety of life at sea. Licences are required to catch certain species, and there are various regulations relating, amongst other things, to the fishing gear that may be used (eg minimum mesh sizes) hygiene standards, safety and the presentation and quantity of fish which may be landed. The European Commission sets annual Total Allowable Catches for species requiring protection, based on scientific assessments of the state of the stocks; these are allocated to member states (table 6.37).

Persecution Incidents and Deaths of Owls and Birds of Prey

6.39 The RSPB receives information on type of incidents and any resulting deaths concerning owls and birds of prey and have published details in their report Death by Design from which table 6.39 is derived. The Society also produces an annual report covering all known offences against wild bird legislation in the UK, and persecution of birds of prey in Scotland. These reports detail offences reported to the RSPB Investigations Section. In 1995 the Society also produced a report analysing bird of prey persecution in Scotland in 1994. SOAEFD also produces figures on known deaths of owls and birds of prey (table 6.40), from samples submitted to the Wildlife Incident Investigation Scheme. This data is not directly comparable with that in table 6.39 because of differences in data collected and classification systems used. Table 6.38 shows incidents of persecution involving wild birds. The figures recorded for taking, sale, and illegal posession of birds of prey for 1995 and 1996 are significantly lower than in previous years. The RSPB believes that this is a result of the deterrant effect of DNA genetic fingerprinting techniques used as a tool for determining the parentage of birds.

Forestry Conservation

6.40 Table 6.16 shows the number and areas of the Forest Parks, Woodland Parks, Caledonian Forest Reserves and Forest Nature Reserves in Scotland. There is no statutory basis for these "designated" sites, which are identified and managed solely by Forest Enterprise on the Forestry Commission Estate. The different designations are as follows;

Forest Parks:

Forest Parks are extensive tracts of Forestry Commission land, high-quality multi-purpose forestry. Public access is encouraged. In addition to commercial timber production, facilities are provided for a wide range of recreational activities such as rambling, horse-riding, cycling and other outdoor pursuits. The oldest forest park, Argyll, was designated in 1935. There are 5 Forest Parks which form an important part of the tourist infrastructure, attracting over 2 million visitors each year.

Woodland Parks:

Woodland Parks are similar to Forest Parks but are smaller in scale and located on Forestry Commission land close to centres of population. They are areas managed by Forest Enterprise, where public recreation is a primary objective , together with the intention to increase community awareness of the value of woodlands.

Forest Nature Reserves and Caledonian Forest Reserves :