A number of changes are about to be made to legislation that will increase the legal protection given to protected species in England and Wales. Similar changes were made to Scottish legislation earlier this year. Several of these European Protected Species (EPS) are found in woodland, and it will therefore have implications for how woodlands are managed, and forestry operations carried out.

The level of protection given to European Protected Species (EPS) which are rare or declining across the EU will be increased to ensure it complies with the EU Habitats Directive. These changes will be transposed into UK law over the next few months by amendment to the ‘Habitats Regulations’. These changes were forced on the UK by an adverse judgement in the European Court of Justice, and this judgement set a tight deadline by which the legislation had to be changed. Hence the rapid introduction of the legislation.

It has been an offence for many years, under these Regulations, deliberately to kill or to disturb one of the protected species, or to destroy their eggs. It has also been an offence to ‘damage or destroy a breeding site or resting place’ used by them (such as a bat roost in a tree or a dormouse nest on the woodland floor). However, until now people have been exempt from these offences if their actions were ‘an incidental result of a lawful operation…and could not reasonably have been avoided’. The European Court required the UK to remove this exemption and as a result operators will therefore be more liable to prosecution. It is also important to note that an offence will have been committed even if the damage to a breeding site or resting place was accidental.

Defra and the Forestry Commission, have been assessing the implications of this change for the forestry sector. The Forestry Commission is committed to increasing the sustainable management of England’s woodlands, not least for the biodiversity protected by the Habitats Regulations. It is working to ensure that the forestry sector is in a position to both conserve these key European Protected Species and to minimise any adverse impacts on other aspects of woodland management.

Tim Rollinson, Director General of the Forestry Commission said:

"We have been working hard to develop as much guidance as we can for woodland managers, and to see how we can support them to work within this legislation. We have to ensure that the regulations do not prevent practical woodland management, which is essential to maintaining the habitats that many of these species need, and to help minimise the burden of this new legislation on the sector".

Practical guidance is being developed on how to find out if EPS are present in your wood and how to operate if they are. This has been done in liaison with Defra, the Welsh Assembly Government, Natural England, the Countryside Commission for Wales, representatives of the forestry sector and other expert conservation bodies and individuals. The guidance is being finalised and will be made available prior to the legislation coming into effect on the 21 August 2007.

The Forestry Commission will also be setting up a series of workshops and seminars for woodland managers to advise on the legislation, and how to ensure management and operations are compliant in areas where EPS are present.

More detailed information and guidance on the legislative changes can be obtained from Defra:
http://www.defra.gov.uk/wildlife-countryside/ewd/index.htm and the Welsh Assembley Government:
http://new.wales.gov.uk/topics/environmentcountryside/env_cons_management/conservation_biodiversity/habitatsdirective/?lang=en

Further advice may be obtained from:
Natural England: http://www.naturalengland.org.uk/conservation/wildlife-management-licensing/default.htm and the Countryside Council for Wales: http://www.ccw.gov.uk

The changes are being implemented on a country basis. Further details about how the changes are being implemented in England can be obtained from: http://www.forestry.gov.uk/england-protectedspecies

For further details about how the changes are being implemented in Wales, see http://www.forestry.gov.uk/forestry/INFD-769ERV

Similar changes were made to Scottish legislation earlier this year. For more details see:
FCS Guidance Note 34: Forest operations and European protected species in Scottish forests:http://www.forestry.gov.uk/pdf/Guidancenote34protectedspecies2.pdf/$FILE/Guidancenote34protectedspecies2.pdf


Media contact: Jo Fowler on 01223 346 034, jo.fowler@forestry.gsi.gov.uk



Notes to Editors:

1. The new regulations will impact on areas where EPS are present, and will require changes to the management of woodlands and forestry operations in those areas. The EPS found in the UK and that can occur in woodland are:

- all 17 species of bat
- dormouse
- great crested newt
- otter
- sand lizard
- smooth snake
- wildcat

(Natterjack toad and some of the plant species, such as yellow marsh saxifrage may rarely occur in woodlands or be affected by forest operations.)


2. The Forestry Commission (www.forestry.gov.uk) is responsible for forestry in Great Britain. It supports woodland owners with grants; tree felling licences, regulation and advice; promotes the benefits of forests and forestry; and advises government on forestry policy. It manages more than a million hectares (2.5 million acres) of national forest land for public benefits such as sustainable timber production, public recreation, nature conservation, and rural and community development.