- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Wednesday, 04 January 2006
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Current Status:
Answered by Rhona Brankin on 27 January 2006
To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, what activities apart from trapping for the purposes of relocation or killing each of the 30 licences issued under the Conservation (Natural Habitats, &c.) Regulations 1994 in relation to otters permitted.
Answer
The licences referred to above were issued for a variety of purposes and include disturbance of otters and the destruction and repair of holts.
The licences have now been placed in the Scottish Parliament Information Centre (SPICe) (Bib. number 38705), and each licence details the activities permitted under the licence, the purpose for the licence, as well as its time period. As amendment and extension licences have been included, the number of licences placed in the SPICe totals 44.
Information which could lead to the identification of individual persons, or locations of otter holts becoming known, has been taken out of the licences for data protection purposes under the terms of the Environmental Information (Scotland) Regulations 2004.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Wednesday, 04 January 2006
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Current Status:
Answered by Rhona Brankin on 27 January 2006
To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, to what time period and area of land each of the 30 licences issued under the Conservation (Natural Habitats, &c.) Regulations 1994 in relation to otters applied.
Answer
The licences have now been placed in the Scottish Parliament Information Centre (SPICe) (Bib. number 38705), and each licence details the activities permitted under the licence, the purpose for the licence, as well as its time period. As amendment and extension licences have been included, the number of licences placed in the SPICe totals 44.
Licences are not issued for areas of land, but for locations.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Thursday, 12 January 2006
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Current Status:
Answered by Rhona Brankin on 26 January 2006
To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, whether it will provide a breakdown of the numbers of each species listed that were killed under the licences issued.
Answer
With reference to S2W-21599, the number of mountain hares killed under Scottish Executive licences since the year 2000 is 258. These licences were issued to prevent the spread of disease.
The Executive has no knowledge of any other species having been killed under the licences to which the question relates.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Wednesday, 04 January 2006
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Current Status:
Answered by Rhona Brankin on 26 January 2006
To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, how many of the 30 licences issued under the Conservation (Natural Habitats, &c.) Regulations 1994 in relation to otters licensed trapping for the purpose of relocation or killing.
Answer
One licence was issued in 2004 to trap and relocate an otter in order to prevent serious damage to domestic poultry. The licence was ultimately not exercised as the otter did not re-appear at the site for which the licence was granted.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Wednesday, 04 January 2006
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Current Status:
Answered by Rhona Brankin on 26 January 2006
To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, how many of the 30 licences issued under the Conservation (Natural Habitats, &c.) Regulations 1994 in relation to otters resulted in trapping for the purpose of relocation or killing.
Answer
None of the 30 licences mentioned above resulted in trapping for the purpose of relocation or killing.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Thursday, 12 January 2006
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Current Status:
Answered by Rhona Brankin on 24 January 2006
To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, whether it is aware of any killing of mountain hare, other than under the licences specified.
Answer
It is known that the shooting of mountain hares takes place in Scotland. In terms of Article 15 of the Habitats Directive, it is only an offence to kill a mountain hare using an indiscriminate means of killing capable of causing the local disappearance of, or serious disturbance to, the species. Shooting mountain hares does not constitute such an indiscriminate means.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Thursday, 12 January 2006
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Current Status:
Answered by Rhona Brankin on 24 January 2006
To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, how its consideration of applications for licences, the issuing of licences for killing mountain hares and pine martens and any other measures it has in place meet the requirements of the Habitats Directive.
Answer
In its consideration of such licence applications, and the issuing of any such licences, the Executive takes account of the three tests outlined in Article 16 of the Directive.
These tests are:
That any licence issued is for a purpose outlined in Article 16 of the Directive;
that there is no other satisfactory solution, and
that the granting of a licence will not be detrimental to maintaining the population of the species concerned at a favourable conservation status in their natural range.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Thursday, 12 January 2006
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Current Status:
Answered by Rhona Brankin on 24 January 2006
To ask the Scottish Executive, further to the answer to question S2W-21559 by Rhona Brankin on 21 December 2005, what duties are placed on it by virtue of these species being listed on Annexes IV and V of the Habitats Directive.
Answer
Article 12 of the Habitats Directive requires that member states take the requisite measures to establish a system of strict protection for the animal species, in their natural range, that are listed in Annex IV (a) of the Directive. These measures must prohibit the capture, killing, disturbance and sale of those species.
Article 15 of the Habitats Directive requires that, with regard to those species of wild fauna listed in Annex V (a) of the Directive, member states shall prohibit the use of all indiscriminate means capable of causing local disappearance of, or serious disturbance to, populations of such species. It prohibits in particular the means of capture and killing and modes of transport listed in Annex VI (a) and Annex VI (b) of the Directive.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Wednesday, 11 January 2006
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Current Status:
Answered by Colin Boyd on 19 January 2006
To ask the Scottish Executive what jurisdiction police forces and procurators fiscal have to investigate and prosecute where civil criminal offences are suspected of having been perpetrated on or within Ministry of Defence property in Scotland.
Answer
Scottish police forces have jurisdictionto investigate, and the Procurator Fiscal has jurisdiction to prosecute, any criminaloffence committed within Scottish jurisdiction. This jurisdiction would includeMinistry of Defence property.
The Ministry of Defence Policealso have statutory jurisdiction to investigate criminal offences committed on militaryproperty. Whether the local police or the MOD police will investigate such offencesis determined in accordance with a protocol agreed between the Scottish police forcesand the MOD police.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Tuesday, 13 December 2005
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Current Status:
Answered by Rhona Brankin on 12 January 2006
To ask the Scottish Executive how many applications it has received for licences to kill sparrowhawks and buzzards in each month since the Nature Conservation (Scotland) Act 2004 came into force.
Answer
Since 1 October 2004, the number of applications received to kill the above species, month by month, has been as follows:
| Month | Sparrowhawk | Buzzard |
| October 2004 | | |
| November 2004 | | |
| December 2004 | | 1 |
| January 2005 | | 1 |
| February 2005 | | |
| March 2005 | | 2 |
| April 2005 | | |
| May 2005 | | |
| June 2005 | 1 | 1 |
| July 2005 | 1 | |
| August 2005 | 1 | 3 |
| September 2005 | | 1 |
| October 2005 | | |
| November 2005 | | |
| December 2005 | 1 | |
