The publication of the Wildlife and Environment (Scotland) Bill in the Scottish Parliament on 10 June 2010 tightens up existing legislation relating to the Scottish environment. The Bill is wide-ranging, building on and amending previous legislation, much of which has remained unchanged for long periods of time. According to Scottish environment minister Roseanna Cunningham (quoted in the Daily Telegraph, 11 June 2010) it is a response to increases in public access to the countryside and changes in the way which it is used.
Key areas of the Bill include amendments current legislation regarding the protection and disturbance of existing wildlife such as wild birds, badgers, deer, rabbits and hares. The Bill also includes new laws relating to the protection of the natural environment from the invasive qualities of non-native species.
Wildlife and Environment (Scotland) Bill: Invasive Species
Invasive non-native species (those which have been introduced and taken easily to their new environment at the expense of existing flora and fauna) have been a problem for many years in Scotland and elsewhere. At present the issue is approached through codes of conduct and other initiatives – for example, biosecurity programmes implemented by various river management bodies in Scotland (RAFTS, Invasive Non-Native Species).
The Bill introduces new offenses, relating both to animals and plants. This makes it an offense to release an animal which is as an invasive species outside its natural range, or to allow it to escape; similarly, it will be an offense to plant an invasive plant species outside its native range. The Bill includes provisions for a code for conduct to be drawn up for the definition of these invasive species.
Invasive Non-Native Species in Scotland
The problems of non-native species are widely commented upon and many wildlife, nature conservation and horticultural organisations produce leaflets warning against them. Although over many years non-native species have been assimilated into the landscape without causing damage (for example, snowdrops, poppies and sweet chestnuts) many more species, particularly plants, have recently been introduced and some of them are defined as invasive (Royal Horticultural Society).
According to the Royal Horticultural Society at Kew, relatively few non-native plant species become invasive but those which do cause considerable problems. Isolated from other plants in their natural ecosystem, they may find that they have an absence of competitors and predators; competing successfully with native species for resources, they may end up by squeezing out some species and changing the balance of the ecosystem.
The Bill doesn’t specify what species might be included under the legislation but on its website, RAFTS (Invasive Species and Biosecurity Programme) lists a provisional list of species with a high impact on water related environment. These include giant hogweed, rhododendrons, Japanese knotweed, water primrose and mink. Of these, the key aquatic species are established in England but have not yet become a problem in Scotland.
Many invasive species are already a problem in Scotland. Rhododendrons thrive, especially in the west; although this makes for some spectacular spring gardens, the plants are a problem in the wild; while Himalayan balsam and giant hogweed are a common sight along footpaths and on derelict land. Mink are a problem across the country and grey squirrels, which have a stronghold in the central belt, are continuing to squeeze the living space of the native reds.
The costs of invasive species are economic as well as environmental, although they are difficult to estimate with any accuracy. Some estimates give an indication of the scale of the problem – for example, the RHS quotes an annual figure for the USA of $120 million, while DEFRA figures for the removal of Japanese knotweed are estimated at £1.56 billion (RAFTS). In Scotland, it’s estimated that it will cost £25 million to clear rhododendrons from Loch Lomond National Park (RAFTS).
The impact of the new legislation remains to be seen, especially given the fact that many invasive species already have a foothold in the countryside - and in the cities - and may prove impossible to remove. It is hoped, however, that the Bill may prevent the introduction of other species and restrict the spread of those which are already present.
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