Scottish Government biodiversity duty report 2021-2023

2. Nature Division

2.1 Introductory information

Nature Division, formerly Natural Resources Division, sits within the Scottish Government’s Directorate for Environment and Forestry (ENFOR) and has a national policy focus across a broad range of subjects. During the reporting period 2021-2023, the division transitioned from two units (Biodiversity and Land Quality; Wildlife and Flood Management), into four units, with responsibilities including those set out below.

Biodiversity:

• The Scottish Biodiversity Strategy and Biodiversity Programme
• International biodiversity policy and engagement
• Terrestrial protected nature sites
• Invasive Non-Native Species (INNS)
• Protecting 30% of land for nature by 2030
• Nature Networks
• National Parks
• Promoting access to the countryside, landscape and geodiversity
• Mainstreaming biodiversity across relevant policy areas
• Public body biodiversity duty and reporting

Peatland:

• Peatland restoration delivery
• Peatland policy
• Peat and peaty soils

Wildlife Management:

• Wildlife management
• Species reintroductions
• Grouse moor management and muirburn
• Wildlife crime
• Native wildlife species control and protection
• Species licensing
• Snaring and trapping regulations

Bills and Legislation:

• Hunting with Dogs (Scotland) Act 2023
• Wildlife Management and Muirburn (Scotland) Bill (now the Wildlife Management and Muirburn (Scotland) Act 2024)

Much of Nature Division’s responsibilities for managing, caring for and improving Scotland’s natural heritage are carried out by Scotland’s nature agency, NatureScot. NatureScot publishes its own biodiversity duty report so its work is not covered in detail here.

International obligations

The UK is a signatory of the UN Convention on Biological Diversity (CBD), and Scotland contributes to the UK report as well as reporting separately on how we meet the global targets. During this reporting period we contributed to the 20 Aichi targets which were agreed at CoP10 in 2010, and to negotiations relating to the Kunming-Montreal Global Biodiversity Framework (GBF) and targets agreed at CoP15 in 2022.

Reporting is undertaken on a regular basis by NatureScot, so is not covered here. The annual report for 2019, and the final report to end 2020, was published by NatureScot in 2021 and is available to view on the NatureScot website. This preceded the negotiations for a post-2020 global biodiversity framework which were completed at the fifteenth meeting of the UN Convention on Biological Diversity’s Conference of the Parties (CoP15) in December 2022 following a 2-year delay due to the Covid19 pandemic.

2.2 Actions to protect and enhance biodiversity

Biodiversity Strategy, Delivery Plan and NE Bill

This reporting period has seen a transition period between Scottish biodiversity strategies. While continuing to deliver upon our 2004 Strategy, ‘Scotland’s Biodiversity: It’s in Your Hands’ and our ‘2020 Challenge for Scotland’s Biodiversity’, published in 2013; we were also developing the new Scottish Biodiversity Strategy to 2045: Tackling the Nature Emergency, which aligns to the Global Biodiversity Framework agreed at UN Convention on Biological Diversity CoP15 in December 2022. The new strategy, and a supporting framework, is being developed through wide-ranging consultation and under the governance of the Biodiversity Programme Board (established 2019).

In December 2020 we published a Statement of Intent which set out the need to take urgent action in addressing the twin climate and nature crises, and further work was undertaken to develop a draft strategy published June 2022, and draft delivery plan published September 2023. Elements of the Natural Environment (NE) Bill relating to statutory targets and strengthening existing National Parks powers were also published in September 2023. These elements were included in a 14 week public consultation which began on 7 September 2023. Responses received help to inform the final framework documents as well as the NE Bill.

Policy workstreams to deliver key commitments set out in the Bute House agreement which was in place at the time of the reporting period, and Programmes for Government 2021-2023 have also been developed. These are included as actions within the Scottish Biodiversity Strategy and Delivery Plan (SBS and DP):

• Protecting 30% of our land by 2030 (30 by 30);
• Nature Networks in every local authority area in Scotland;
• Designation of a new national park by 2026;
• Introduction of statutory targets for nature;
• Introduction of a Natural Environment Bill by the end of this parliament.

Funding

The overarching vision of the SBS is for Scotland to be nature-positive by 2030 and to have restored and regenerated biodiversity by 2045. In 2021 we launched the Nature Restoration Fund (NRF) to provide funding for multi-year, multi-partner projects that restore existing, and create new, areas for nature. This continues work initiated from the Biodiversity Challenge Fund, recognising the need for longer-term investment in nature restoration projects.

The NRF is providing £65 million in new funding from 2021 to 2026 for projects that will restore nature, safeguard wildlife and tackle the causes of biodiversity loss and climate change. This is a key mechanism for delivering our Strategic Framework for Biodiversity, restoring Scotland’s terrestrial and marine environment, and supporting green jobs and skills development in local communities.

The Nature Restoration Fund makes grants available through two main strands:

• The competitive strand, which is subdivided into:
  • ‘Helping Nature’ projects less than £250,000 lasting 1-2 years;
  • ‘Transforming Nature’ projects greater than £250,000 lasting 2-4 years;
• The Edinburgh Process strand, which is subdivided into:
  • Direct allocations to Local Authorities; and
  • Direct allocations to the National Parks.

The Edinburgh Process strand is delivered through the General Capital Grant scheme to Local Authorities and is monitored through reports direct to the Scottish Government.

By the end of 2023 the fund had distributed over £33 million to support nature restoration projects, including: over £16 million through competitive schemes; and £17 million directly allocated for Local Authorities and the National Parks to develop and deliver projects locally.

Further details on projects supported by the competitive element of the scheme is available on the NatureScot website.

During this period work began toward the development of a Biodiversity Investment Plan. The Plan will set out practical actions that will help target both private and public investment for nature restoration.

International engagement

Internationally, we continued to work with our partners to develop and promote the Edinburgh Process for the Global Biodiversity Framework – work which we began in 2019, resulting in the Edinburgh Declaration for Subnational Governments, City and Local Authorities for the post-2020 global biodiversity framework, and continued until CoP15 in December 2022.

We undertook advocacy with international governments (Canada, Mexico, UK) and with the UN Convention on Biological Diversity (CBD) Secretariat to raise awareness and understanding of the aims and ambition of the Subnational Plan of Action; participated in many subnational and local webinars to highlight the aims and ambition of the Edinburgh Process; and co-hosted - alongside ICLEI and Regions4Sustainable Development (Regions4) - an event at the UN FCCC CoP26 in Glasgow, which was chaired by the then Minster for Environment, Land Reform and Biodiversity, Màiri McAllan, MSP.

This work secured support from over 300 signatories for the Edinburgh Declaration for Biodiversity, and was presented by the then Minister for Green Skills, Circular Economy and Biodiversity, Lorna Slater, MSP, at the UN CBD CoP15. Our work resulted in the adoption of the Edinburgh Declaration and the Subnational Plan of Action by the UN CBD – the first ever inclusion of subnational governments, local and city authorities within the UN Environmental Conventions.

We continue to work closely with key international partners through our membership of the UN CBD’s Advisory Committee on Subnational Governments, the High Ambition Coalition for 30x30’s Subnational Taskforce and the RegionsWithNature platform.

Invasive Non-Native Species (INNS)

We worked closely with the UK and Welsh governments on drafting the refreshed GB INNS Strategy which was published in February 2023. We will develop an INNS Action Plan for Scotland, under our SBS Framework, which is aimed at tackling both new and established INNS and reducing their harmful impacts on biodiversity. The GB INNS Strategy and the Scottish Horizon Scanning study will help inform this work. We are also working on incorporating measures aimed at controlling INNS into the new post-Common Agricultural Policy (CAP) Agri-environment schemes. In addition, we have provided over £2 million in funding from our Nature Restoration Fund to support the vital work of the Scottish Invasive Species Initiative (SISI) in controlling INNS along water courses across the northern half of Scotland for a further three years.

Protected area restoration

Work to oversee restoration of the Muirkirk and North Lowther Uplands Special Protection Area (SPA) in East Ayrshire was completed in 2021. The protected features of this site, which is designated for bird species golden plover, hen harrier, merlin, peregrine and short-eared owl, had been left badly damaged following the collapse of Scottish Coal in 2013.

The Scottish Government worked in partnership with stakeholders including Scottish Mines Restoration Trust, NatureScot, East Ayrshire Council and RSPB Scotland to oversee this project, which included restoration of large areas of affected habitat (infilling, reseeding, tree planting etc.), reinstatement of mitigation measures and expansion of the SPA boundary into an area of neighbouring land to compensate for lost habitat. The Scottish Government provided £10 million over five years towards the cost of this work. A programme of aftercare work began following completion of the main restoration project, to help ensure the site would remain in a good condition.

Access to the outdoors

We continue to support and manage access to the countryside across Scotland, including the Outdoor Access Code. Under the Land Reform (Scotland) Act 2003 (LRSA), there is a right of responsible non-motorised access to land throughout Scotland with few exceptions. This makes a strong contribution towards connecting people with nature with all the corresponding benefits for health and well-being. Nature Division services the National Access Forum as an observer member.

NatureScot implements activities related to the promotion of responsible outdoor access. Local Authorities and National Park Authorities also provide services including access officers and rangers, promoting responsible outdoor access, and maintaining access to green and blue spaces.

The Scottish Government has provided funding for paths in rural areas through the Improving Public Access (IPA) fund under the Scottish Rural Development Programme (SRDP). Between 2021 and 2023 this fund committed £4.51 million towards items such as new or upgraded paths, gates, signage, bridges and benches.

Peatland restoration

During the period April 2021- March 2023, Scottish Government invested £31.9 million into peatland restoration via the flagship Peatland ACTION programme. During this reporting period, this investment funded the restoration of around 18,500 hectares of degraded peat across Scotland, restoring multiple benefits which address the overarching aims of the Scottish Biodiversity Strategy, Climate Change Plan and Climate Adaptation Plan.

The Scottish Government-led Peatland Programme was established and held its first Board meeting in October 2021. The Peatland Programme Board is made up of Scottish Government officials and key delivery partners and stakeholders and provides strategic direction, advice and scrutiny and risk management for peatland policy and restoration delivery.

The Peatland Programme Board is supported by the Peatland Science and Technical Advisory Group (STAG). This group’s purpose is to help the Peatland Programme Board make decisions by integrating the published and emerging outputs of a wide range of peat-related science and research and providing clear summaries to aid pertinent and timely decision-making.

The Scottish Government introduced Permitted Development Rights (PDR) for peatland restoration projects in order to clarify the planning position and to facilitate the delivery of projects. This came into force on 1 April 2021. PDR is a grant of planning permission in legislation removing the need to apply to the planning authority for such permission. Such PDRs often have conditions and restrictions attached to them.

Wildlife management

Beaver translocations

In November 2021, the Scottish Government announced that it would actively support the expansion of the beaver population, promoting translocation, which involves safely trapping and moving beavers to a more suitable area. This will reduce or avoid negative impacts and help establish beaver presence in areas of Scotland outside their current range, beyond where natural expansion would be expected to reach in the short term.

Work on the development of Scotland’s Beaver Strategy 2022-2045 started in Summer 2021 and it was published in August 2022. The strategy was developed through a collaborative process involving more than 50 stakeholders, and was facilitated by the International Union for Conservation of Nature (IUCN) Conservation Planning Specialist Group (CPSG).

The strategy aims to steer wider efforts to identify and actively expand the population to new catchments following the announcement in 2021, to encourage wider beaver restoration whilst ensuring land managers are supported to live alongside beavers. It sets out plans to empower and support communities to maximise the environmental and wider benefits of beavers, while minimising negative impacts through effective management and mitigation. The strategy highlights the need for ongoing research and monitoring of the beaver population and its effects to inform and improve management as the population expands, using existing and new techniques and technologies. This will also help identify how people, and ecosystems, can most benefit from the presence of beavers.

The 2022 Beaver Management Report was published in June 2023 and its findings support that the Beaver Management Framework is aiding the delivery of Scotland’s Beaver Strategy.

Timeline of Beaver Releases:

• 2009 - First beaver release in Knapdale;
• November 2021 - A family of five beavers were translocated under licence from areas where they were causing serious agricultural damage for farmers, to the Argaty Red Kite centre near Doune;
• February 2022 - A second family of beavers were released at the same location;
• January 2023 - RSPB Scotland translocated a family group of seven beavers from an area in Tayside as part of plans to speed up the return of beavers to the Loch Lomond National Nature Reserve;
• December 2023 - The first of up to 6 beaver families was released at Rothiemurchus in the Cairngorms National Park Authority. One of the agreed sites in the upper River Spey catchment.

Deer Management

Within the Programme for Government, the Scottish Government committed to “modernise deer management, implementing the recommendations of the Deer Management Working Group”. We published our response to the report by the independent Deer Working Group on 24 March 2021. The Scottish Government has accepted the majority of the ninety-nine recommendations including changes that will modernise the Deer (Scotland) Act 1996 alongside proposals to change how, when and where deer can be shot and by whom.

Given the links between deer management and biodiversity, Scottish Government have established a project board under the Scottish Biodiversity Programme Board to encompass legislative and non-legislative components of ensuring effective deer management. This will ensure an appropriate level of governance but will also bring deer management into consideration alongside biodiversity as the SBS progresses.

The Deer Management Strategic Board is comprised of senior officials from NatureScot, Forestry and Land Scotland, Scottish Forestry, Cairngorms National Park Authority and Loch Lomond and the Trossachs National Park Authority, and is chaired by the Scottish Government. In advance of consultation on proposals that would require making changes to primary legislation, we have brought forward changes to secondary legislation. This includes the removal of male deer close seasons which came into force on 21 October 2023. On 3 November we commenced secondary legislative amendments that reduce the minimum ammunition weight to 80gr from 100gr, thus making non-lead ammunition more accessible. The change also permits the use of night sights to shoot deer.

The Scottish Government has indirectly supported activity by NatureScot related to management of white-tailed sea eagles and red squirrels. Action related to these activities can be found at Sea Eagle Management Scheme; and Saving Scotland's Red Squirrels.

Wildlife Crime

In 2022, the Scottish Government set up a taskforce to examine the issue of whether the powers of Scottish SPCA Inspectors should be extended to allow them to investigate wildlife crimes. We are proposing to bring forward provisions within the Wildlife Management and Muirburn Bill to allow for a limited extension of the Scottish SPCA’s current powers to investigate wildlife crime. This will allow Scottish SPCA inspectors who are already on the spot, investigating potential animal welfare offences under their existing powers, to seize and secure evidence of related wildlife crimes without delay and potential loss of that evidence.

Wildlife legislation

During this reporting period, the Bute House agreement committed to take action to tackle wildlife crime and to address the environmental impacts of intensive grouse moor management.

The Wildlife Management and Muirburn (Scotland) Bill (“the Bill”) aims to address raptor persecution and ensure that the management of grouse moors and related activities are undertaken in an environmentally sustainable and welfare conscious manner. The Bill will do this by implementing the recommendations of the independent review of grouse moor management (the “Werritty” review). The Bill contains provisions to:

• Ban the use and purchase of glue traps and introduce licensing and training requirements for certain other types of wildlife traps;
• Introduce a licensing regime for land used for the shooting of red grouse;
• License all muirburn;
• Introduce enabling powers to allow Scottish Ministers to extend the role of inspectors appointed under the Animal Welfare Act 2006 to investigate certain wildlife offences.

The Werritty review made several recommendations relating to the use of wildlife traps. The Bill also contains provisions to introduce a wildlife trap licensing scheme to ensure that wildlife trapping is undertaken in an environmentally sustainable manner, with due consideration of all the possible consequences. We are hopeful that this will reduce by catch of vulnerable non-target species.

In addition to specific policy development, Nature Division teams have supported the many ministerial engagements on nature-related issues undertaken across this reporting period, as well as responding to parliamentary questions, committee and petition queries, and correspondence with the public.

2.3 Mainstreaming biodiversity

The Scottish Government recognises the importance of taking biodiversity into account across all policy areas. Mainstreaming was a key project of the Biodiversity Programme within the last reporting period (2018-2020), and across this reporting period we have continued to work with colleagues across key policy areas including; Planning, Climate Change, Agriculture and Rural Environment and Marine Directorates, as well as across ENFOR Directorate, to identify areas of commonality and find opportunities for cross-working, with particular regard to addressing the twin crises of biodiversity loss and climate change.

A key driver has been the development of the new Scottish Biodiversity Strategy, and in agreeing the actions set out in the Delivery Plan. Policy engagement has raised awareness of the strategy vision, aims and ambition and encouraged the inclusion of biodiversity and nature within key policy development, including the Fourth National Planning Framework (NPF4), Agricultural Reform, Marine Protected Areas, updated Climate Change Plan and updated National Climate Adaptation Plan (SNAP3).

Nature Division works collaboratively across the Scottish Government on many cross-cutting projects. The Peatland ACTION Programme has particular relevance to the Climate Change Plan, given the carbon sink potential of regenerated peatlands. Nature Networks are particularly relevant to SNAP3 and NPF4 as together they present an opportunity for planning more resilient landscapes. Wildlife management policy works closely with other species management interests such as land use and agriculture policy.

Whilst the focus of reaching the Net Zero target has been largely on climate mitigation and the role that forestry and peatland restoration contribute, there is an increasing awareness across Scottish Government of the benefits that nature restoration can bring for climate adaptation and resilience. There is a growing recognition of the interconnectedness of different policy areas e.g. climate adaptation, flood prevention, forestry and river management, wildlife management, agricultural management including food production, planning, etc., and of the multiple benefits that nature restoration at a landscape scale, can bring.

The ‘Edinburgh Declaration’ sets out a commitment for mainstreaming biodiversity across public and private sectors and we have increased our engagement with local authorities at all levels e.g. COSLA, local authority Biodiversity Officers Network and Heads of Planning, in developing the SBS Delivery Plan, and to understand where we can best support the local implementation of specific actions for nature restoration across Scotland such as Nature Networks and 30 by 30 sites.

2.4 Nature-based solutions, climate change and biodiversity

2.4.1 Integration of biodiversity and climate change

Nature-based solutions which address climate change (mitigation and adaptation) and biodiversity loss are an increasingly important part of the Scottish Government’s work. This approach can also provide multiple benefits to both the natural environment and to people, e.g. flood prevention, food production, health and wellbeing benefits.

Nature-based solutions for climate mitigation includes peatland restoration and tree planting, both of which can lock in carbon and, if planting natural woodland, can provide special and unique habitats for wildlife in Scotland. Through the Peatland ACTION programme we are delivering peatland restoration which benefits both nature and local people (see sections 2.2 and 2.6.2). Our work to introduce beavers - thereby creating new wetlands, improving flood resilience and increasing biodiversity in local areas – is another example of how a nature-based solution can deliver multiple benefits for climate, nature and local communities.

During this reporting period the Scottish Government has implemented the Nature Restoration Fund, which - as set out in section 2.1 – is aimed at supporting longer term, multi-partner nature restoration projects. Such projects include nature-based solutions to address local priorities for biodiversity but may also provide multiple benefits to local communities. A list of NRF projects can be found on the NatureScot website.

Over this reporting period we have begun to develop policy to deliver ministerial commitments to protect 30% of Scotland’s land area by 2030 (30 by 30) and to ensure Nature Networks are implemented in each local authority area. Both of these policies support the implementation of nature-based solutions for the purpose of nature restoration and/or the creation of new and improved areas for nature.

2.4.2 Climate change related challenges over the next three years

Biodiversity

Addressing biodiversity loss and restoring our natural habitats is the best chance we have in adapting to and mitigating against our changing climate. There are over 100 actions set out in the SBS Delivery Plan. Not all of these can be delivered by government alone so we must build and harness a willingness to develop partnerships across private and public sectors, and to include wider society, in order to deliver these actions.

We will ensure that our ambitious Vision, Outcomes and Priority Actions are successfully delivered by putting in place a Strategic Delivery Framework to provide the enabling conditions for success. The Framework comprises:

• A strategy, which sets out our high-level Vision and Outcomes;
• Delivery Plans to be regularly reviewed, which set out detailed actions we will take for nature restoration and conservation;
• A Natural Environment Bill to put in place statutory targets for nature restoration;
• An Investment Plan that will set out practical actions to help target both private and public investment for nature restoration;
• A monitoring and reporting framework, to monitor the effectiveness of our actions.

We will look to introduce statutory nature restoration targets through the NE Bill, by the end of this parliament. Work to develop policies that may be included in any NE Bill will need to happen at pace.

We will continue to mainstream biodiversity across Scottish Government policy areas but need to build an understanding and willingness to engage across new areas, e.g. health, transport, energy. We will continue to work with climate colleagues to ensure that climate and biodiversity issues are addressed together and not siloed. This needs to include our wider behavioural understanding, and public engagement work.

There are continued challenges in tackling Invasive Non-Native Species (INNS). A key challenge is the availability of funding to tackle the well-established species such as mink, giant hogweed and Himalayan balsam. Existing control programmes for these species rely very heavily on the hard work and goodwill of hundreds of volunteers. We will be considering how to tackle these challenges and others more effectively as we work on drafting our INNS Action Plan for Scotland.

Changes in the climate may lead to changes in the invasive character of INNS that are already present in Scotland, making these an increasing threat to Scotland’s biodiversity. Climate change is likely to result in greater numbers of incursions by new invasive species – in 2023 we saw this happen with the Asian hornet which established the highest number of nests ever found across the south of England and as far north as Yarm in North Yorkshire

Peatlands

Keeping, and returning, our peatlands to good health is central to mitigating and adapting to the linked climate change and nature emergencies. Healthy peatlands can help mitigate climate change, but they are also increasingly impacted by it. In 2022 and 2023 the UK recorded it’s warmest years since records began. The changing climate brings increased water stress to wetland ecosystems including peatlands, leading to drying, degradation and loss of biodiversity, and these risks are particularly acute in certain parts of Scotland. Peatland protection, management and restoration that increases the resilience of peatland systems - and their associated biodiversity - to climate change allows this important ecosystem to continue delivering other wider benefits to society including improving water quality and reducing downstream flooding. Care for Scotland’s peatlands is therefore a central plank of Scotland’s climate change, adaptation and Just Transition plans.

Wildlife

A key challenge for the coming period will be in ensuring that some species are afforded greater protections to allow them to adapt to climate change. For example, earlier bird nesting may result in a need to change land management practices to allow birds to breed successfully. This will need careful engagement with land managers.

Finally, a challenging fiscal position remains across both the private and public sectors, including government departments. This brings limitations to delivering action for biodiversity however the SBS and Delivery Plan are helping to identify key areas of focus.

2.5 Public Engagement and Workforce Development

2.5.1 Public engagement

Biodiversity

Nature Division launched a new draft Scottish Biodiversity Strategy in December 2022 setting out our vision to 2045 and the long-term outcomes needed in Scotland to address the ongoing decline in biodiversity. We also developed a Framework for biodiversity to ensure delivery of nature restoration across Scotland. Scotland’s Strategic Framework includes:

• The Biodiversity Strategy, which sets out our goal to be Nature Positive by by 2030 and to have restored and regenerated biodiversity by 2045;
• The first Delivery Plan which includes a comprehensive set of cross sectoral actions;
• The proposed Natural Environment (NE) Bill, including the introduction of statutory nature recovery targets.

In developing elements of the new Framework we have engaged with a wide range of stakeholders – particularly in developing the Strategy and the first Delivery Plan, which will need to be implemented through partnership approaches.

Our public consultation ‘Tackling the Nature Emergency: Consultation on Scotland’s Strategic Framework for Biodiversity’ ran from 7 September to 14 December 2023 inviting comments on the Scottish Biodiversity Strategic Framework, comprising our draft Strategy and draft Delivery Plan, and draft elements of the NE Bill, including statutory targets for nature restoration and proposed changes to National Parks legislation. Draft frameworks for the implementation of both ‘30 by 30’ (our commitment to protect 30% of land area by 2030) and Nature Networks (ensuring ecological connectivity between important areas for biodiversity), that are co-designed with a wide range for stakeholders, were also included in the consultation. The consultation was set out in two parts in order to streamline the asks of stakeholders and make it easier for delivery partners, stakeholders and the public. It was also designed to provide a clear line of sight between the Strategy, Delivery plan and statutory targets that are part of the proposed Natural Environment Bill. We received over 600 responses from individuals and organisations, which informed further development of final versions of the Strategy and Delivery Plan, as well as the NE Bill.

We commissioned NatureScot to develop two separate Frameworks for delivering our commitments for ’30 by 30’ and Nature Networks. Across 2022, NatureScot engaged with over 300 stakeholders through a series of workshops to draw out the challenges and find solutions towards implementation. These informed the Draft Frameworks for 30 by 30 and Nature Networks published by NatureScot, which set out the key principles for implementation, and which were included in the above consultation.

New National Park

In addition to the consultation above, extensive public engagement on the future of National Parks in Scotland took place in 2022. This included the 'Future for National Parks in Scotland' challenge exercise which sought views on what National Parks should be delivering for Scotland and the people who live and work within them.

In 2023, NatureScot provided advice to Scottish Ministers on the role of National Parks and how nominations for new National Parks could be evaluated. This can be read on the NatureScot website.

Further public consultation on a draft appraisal framework and criteria for new National Parks took place in 2023. The outcome of this consultation helped to shape the final appraisal framework and six broad criteria for new National Parks: outstanding national importance; size, character and coherence; meeting the special needs of the area; strategic contribution; visitor management and tourism; and local support.

In October 2023, communities and organisations across Scotland were invited to explore, develop and submit nominations for their area to be considered as Scotland’s next National Park. Nominations were appraised by a Panel, following the specific criteria set out in the appraisal framework. The report of the appraisal panel can be viewed on the Scottish Government website.

A Reporter process will follow the announcement of any successful areas in which a new National Park might be proposed.

Peatlands

Engagement has been central to ensuring successful delivery of peatland restoration. This particularly applies to the development of key skills and training.

• NatureScot and the Crichton Carbon Centre led training events and open days which were attended by around 450 people in 2023/24. Many attendees were contractors looking to enter the sector by enhancing their skills and understanding. In-person and online events have focused on the theory and principles of restoration, successful tendering for Peatland ACTION-funded work (allied with significant increases in the use of Public Contracts Scotland (PCS) for restoration contracts) and technical site visits to look at the success of particular techniques.
• Events have stretched from Shetland to Galloway and have been complemented by a range of online technically-focused Continuing Professional Development (CPD) training. The focus on increasing design skills – the key tool for developing the long-term pipeline of projects required to meet ambitious targets – is being met not only by in-person and online CPD training, but also via the short course on Peatland Restoration at Scotland’s Rural College (SRUC).
• Three courses will run at SRUC over the winter 2023/4, in Dumfries and in Inverness, allowing 41 people to develop entry-levels skills for the design sector. Efforts in the coming year will focus on adding to the skills and experience of this cohort, and those who attended the course in 22/23, who are not yet engaged in restoration.
• A New Entrants Machine Operator Training Scheme which was introduced to support training and mentoring of operators new to peatland restoration. 10 training placements have been offered to existing, experienced contractors, with 8 of these currently underway and the final 2 depending on the business securing PA-funded work in 23/24. The New Entrant Scheme is available across the Peatland ACTION partnership.

In addition, Peatland engagement in this period has included:

• Attendance at the Royal Institution of Chartered Surveyors (RICS) Scotland Rural Conference;
• Exhibition stand and presentation at the Chartered Institute of Ecology and Environmental Management (CIEEM) Conference, Scotland;
• Delivering the Shared Island Initiative Knowledge Sharing Event, with attendees from Scotland, Northern Ireland and the Republic of Ireland;
• Online session for National Farmers Union (NFU) Scotland Webinar and Site Visits;
• Expected attendance/exhibition at NFU Scotland Annual Conference.

We also support a pilot project being rolled out in Sutherland schools, a partnership between NatureScot, Forestry and Land Scotland (FLS) and Developing the Young Workforce (DYW), and STEM sessions in school combined with site visit with activities (e.g. peat depths survey).

Wildlife

In relation to wildlife policy, we have consulted on various Bill introductions:

• Hunting with Dogs - Public consultation on the Use of Dogs to Control Foxes and other Wild Mammals in Scotland ran from 29 October 2021 to 15 December 2021. Subsequently the Hunting with Dogs Bill was introduced to parliament on 24 February 2022, was passed by the Parliament on 24 January 2023 and received Royal Assent on 7 March 2023.
• Wildlife Management Consultation - From 26 October 2022 to 14 December 2022 we launched a public consultation on the proposals relating to: introducing a licensing scheme for grouse shooting; increased regulation for muirburn (the burning of vegetation to maintain moorland); banning the use of glue traps; and increased regulation of other wildlife traps. A second consultation, 22 August to 3 October 2023, related to the use of snares and cable restraints in Scotland and the powers of the Scottish Society for the Prevention of Cruelty to Animals (“Scottish SPCA”) inspectors.
• Wildlife Management (Grouse) Bill - There are two commitments in the 2022-23 Programme for Government (PfG); to implement the Werritty review through the Bill, and to ban snaring via the Bill. The Wildlife Management (Grouse) Bill was Introduced on 21 March 2023 and was progressing through Parliament at the end of the 2021-23 reporting period.

2.5.2 Workforce development

Nature Division works primarily with NatureScot, to learn from and draw upon their expertise in supporting policy development and delivery. We also provide official support and briefings for our Ministers who attend a wide range of events and engagements.

We run cross-divisional training days where knowledge is shared across teams. Nature Division also run quarterly “In-days” to strengthen ties and promote cross-team collaboration. These in-days generally involve an outdoor and educational element to engage staff directly with nature and biodiversity themes. Staff also attend regular research sessions hosted by colleagues in the Rural and Environment Science and Analytical Services (RESAS) Division, to better understand policy-related evidence emerging from the academic and research community.

The Biodiversity Unit hosts a series of online seminars/learning sessions, hearing about emerging work from cross-SG policy areas, our Nature Agencies, and external stakeholders. Nature Division colleagues are invited to attend these sessions to learn more about the projects we contribute to, and policy development across SG and wider. Staff have welcomed opportunity to expand subject knowledge and awareness of the wider landscape.

2.5.3 Opportunities for staff to take practical action

During this reporting period, Nature Division took part in a volunteering day organised with The Conservation Volunteers (TCV), to help in the restoration of peatland in the Easterhouse area. This involved the physical removal of birch saplings which were establishing on the peatland. This is an ongoing activity by TCV and allowed the team to experience the reality of peatland restoration within an urban context, across the Central Belt of Scotland.

2.6 Research and Monitoring

2.6.1 Research activities

Nature Division works with NatureScot and RESAS Division to understand gaps in knowledge, summarise complex reports, and to translate complex information for policy-makers and Ministers.

RESAS has provided a contribution in Chapter 3 with detail for the Strategic Research Programme, however specific research commissioned for Scottish Government includes a study by SRUC to consider methodologies for measuring biodiversity at site level in Scotland. This research was published in September 2023.

RESAS analytical colleagues developed the logic modelling which underpins the Scottish Biodiversity Strategy and Delivery Plan. They also facilitated engagement with the Biodiversity Programme Advisory Group (PAG) (chaired by the Chief Scientific Advisor for Environment, Natural Resources and Agriculture) for scientific advice relating to the development of statutory targets for nature.

2.6.2 Monitoring activities

General conservation and habitat conditions are monitored by NatureScot who monitor trends. This monitoring contributes to the State of Nature reports which are co-produced with other stakeholders and published every three years.

Scotland’s 32 local authorities each received a direct allocation from the Edinburgh Process strand of the Nature Restoration Fund in 2021-22, 2022-23, and 2023-24. Authorities are required to complete a light-touch monitoring form following the end of each financial year, to report on how this funding was used. This process was agreed with the Convention of Scottish Local Authorities (COSLA). NatureScot undertake monitoring of projects awarded funding from the competitive strand of the NRF, as set out in the terms & conditions of funding.

Peatland

NatureScot Peatland ACTION coordinates peatland research and monitoring with the Scottish Government’s RESAS Division and its Peatland Science and Technical Advisory Group (STAG). Monitoring of peatland restoration is undertaken by the Peatland ACTION partnership.

The first version of the Peatland ACTION Monitoring Strategy was developed by the NatureScot Peatland ACTION Monitoring and Data team and was written and implemented in 2019. The strategy was then revised in 2023.

The overall aim of the Monitoring Strategy during this period was to assess and improve the effectiveness of peatland restoration across the Peatland ACTION partnership, establish if restoration works are resulting in conditions favourable to the recovery of a functioning peatland habitat and establish the effectiveness of individual techniques in specific settings. The strategy has subsequently been revised in 2024 with Delivery Partners agreeing four key priorities and two further supporting priorities for Peatland ACTION monitoring.

This Monitoring Strategy is linked to several other strategies and programmes and these and further information on the outputs of the monitoring work can be found on the NatureScot website.

Wildlife

Other monitoring and research publications produced by Nature Division in this period include:

• Wildlife Crime Reports 2019, 2020 and 2021;
• SSPCA taskforce report;
• Science and Advice for Scottish Agriculture (SASA) predation of lambs report.

2.6.3 Trends and areas of concern

The last State of Nature report published in 2023 showed that:

• Scottish wildlife has decreased on average by 15% since 1994;
• One in nine (11%) Scottish species are threatened with extinction;
• Since 1970, the distribution of 47% of flowering plants has decreased;
• Scotland’s seabirds have declined by 49% between 1986 and 2019, with particular concern for Arctic skua and kittiwake;
• Changing distribution of fish species in Scotland’s water, likely due to climate change;
• Declines in biodiversity are driven primarily by land use (agriculture, forestry, fishing, inappropriate development), as well as climate change, pollution, non-native invasive species and disease;
• Communities, conservation projects and legislation can have a positive impact on nature and the wider environment.

As indicated above we have developed the Scottish Biodiversity Framework – Strategy, Delivery Plan and NE Bill – to tackle the causes of biodiversity loss and to drive positive, transformative action for nature restoration and conservation.

2.6.4 Data collection

The majority of biodiversity data which is collected to feed in to policy development and reporting obligations comes from volunteers, either supported by an environmental Non-Government Organisation or as individual citizen scientists. Much of this data is stored and made available for wider use by Local Records Centres (LRCs) and / or the National Biodiversity Network Gateway. In Scotland LRCs have been established at different times with variable staffing and infrastructure to capture, process and provide access to the data for wider uses.

Recognising that readily available biodiversity is key to judging the progress being made in delivering the actions contained in the Scottish Biodiversity Strategy and Delivery Pan to halt and reverse biodiversity loss, Scottish Government and NatureScot have been funding since 2021 the Better Biodiversity Data project. Hosted by the National Biodiversity Network Trust, the project will establish a common platform which can be used by all LRCs to capture, store and analyse data and create a Scottish data hub to co-ordinate and support the LRCs in delivering high quality and easily accessible biodiversity data.

2.7 Biodiversity highlights and challenges

2.7.1 Main achievements

Notable successes for Nature Division during this reporting period include:

UN CBD adoption of the ‘Edinburgh Process’

The fifteenth Conference of Parties to the UN Convention on Biological Diversity (CoP15) met in Montreal in December 2022 and agreed a ground-breaking new Global Biodiversity Framework named the ‘Kunming-Montreal Global Biodiversity Framework’ (GBF). Conference delivered a dedicated decision and renewed plan of action, highlighting the importance of regional and local governments in delivery for biodiversity. The GBF includes 4 goals and 23 global targets which align well with the approach taken in our new Biodiversity Strategy.

We will continue to take forward international commitments through our membership of the CBD’s Advisory Committee on Subnational Governments, Regions4Sustainable Development and the High Ambition Coalition Subnational Taskforce for 30 by 30.

Development of a Scottish Biodiversity Framework

We are adopting a three-part approach to developing a Strategic Framework for Biodiversity, to ensure transformative action in Scotland. Firstly, at CoP15 we announced the publication of a draft Scottish Biodiversity Strategy, which sets out our vision to 2045 and the long-term outcomes needed in Scotland to address the ongoing decline in biodiversity. Secondly, shorter term, fluid and dynamic Delivery Plans will set out specific actions to deliver our strategic outcomes, that adapt in response to a new monitoring framework. Third, our new Natural Environment Bill will establish statutory targets for nature recovery for the first time in Scotland. Taken together these will drive the action needed to bend the curve on biodiversity loss across our land and seas.

Launch of Nature Restoration Fund (NRF)

In July 2021 we launched the £65 million Nature Restoration Fund for multi-year projects addressing biodiversity loss and climate change. The fund is working across Scotland – creating new green jobs, helping reinvigorate local communities and reinforcing Scotland’s green recovery. It is supporting large-scale, multi-year, multi-partner projects which deliver transformative change to drive forward nature recovery, and has been greatly welcomed across the delivery landscape.

Inclusion of nature networks within the new Planning Framework

Nature networks have been embedded throughout the National Planning Framework (NPF4), which was announced on 13 February 2023, to improve connectivity and create wildlife corridors. Creating new, locally driven projects will improve ecological connectivity across Scotland and help deliver long-term restoration of nature. Connected habitats are particularly important, in allowing species to migrate and relocate in response to our changing climate.

International Peatland Engagement

Through leading and supporting a number of events across multiple platforms during the UN FCCC CoP26 in Glasgow, Scottish Ministers and officials successfully brought our priorities, ambitions and commitments on peatland to the international stage. Key among these was our support for the UNEP GPI Peatland Pavilion in the Blue Zone which provided a ‘home’ for peatlands during the conference and hosted a range of discussions and seminars, many including keynote contributions from Scottish Ministers. One such event culminated in the signing of a Memorandum of Understanding between Scotland and Chile to promote the sharing of knowledge and practice on peatland protection, management and restoration, and led to a subsequent visit by a Scottish delegation to Chile in March 2024.

Shared Island Fund for peatland restoration

After UN CBD CoP15 the Irish Government announced an extra investment of €15 million to support cross-border collaboration, knowledge sharing and expertise building in peatland restoration through the Shared Island Initiative. NatureScot works closely with the Irish Government’s National Parks and Wildlife Service and Northern Ireland’s Environment Agency in delivering the shared aims of the project. The Shared Island Fund has an allocation of €3 million over 6 years to support peatland restoration in Scotland. NatureScot Peatland ACTION has already drawn down £866,000 (c. €1 million). These funds have allowed Peatland ACTION to trial restoration work within the bird breeding season and demonstrate a solution to the previous constraint of a limited operating season.

Legislative elements

The Wildlife Management and Muirburn Bill was introduced on 21 March 2023 to address raptor persecution and ensure that the management of grouse moors and related activities are undertaken in an environmentally sustainable manner.

Hunting with Dogs (Scotland) Act 2023 commenced on 03 Oct 2023. It repeals and replaces the Protection of Wild Mammals (Scotland) Act 2002.

Work commenced on identifying key elements to include in the Natural Environment Bill, intended to put in place key legislative changes to restore and protect nature, including statutory targets for nature restoration, and a framework for setting, monitoring, and reporting on them.

Deer Management

In this period we worked towards out PfG commitment to “modernise deer management, implementing the recommendations of the Deer Management Working Group”. We published our response to the report by the independent Deer Working Group on 24 March 2021. The Scottish Government has accepted the majority of the ninety-nine recommendations including changes that will modernise the Deer (Scotland) Act 1996 alongside proposals to change how, when and where deer can be shot and by whom.

Given the links between deer management and biodiversity, Scottish Government have established a project under the Scottish Biodiversity Programme Board to encompass legislative and non-legislative components of ensuring effective deer management. This will ensure an appropriate level of governance, but will also bring deer management into consideration alongside biodiversity as the SBS progresses.

Beaver introductions

Work to develop the development of Scotland’s Beaver Strategy 2022-2045, started in Summer 2021 and was published in August 2022. On 5 December 2022 NatureScot approved a licence application from the Cairngorms National Park Authority to release up to six beaver families at agreed sites in the upper River Spey catchment area.

Golden Eagle Reintroduction

The South of Scotland Golden Eagle Project is one of our most successful conservation projects, where the aim is to reinforce and support the existing population. The project is undertaking activities including translocation, satellite tagging, monitoring, community outreach and education. In 2023, the project released six more Golden Eagles which had been relocated from the Highlands and there are now 39 eagles in South of Scotland, the highest population that the area has achieved in three hundred years.

2.7.2 Main challenges in the next three years

In common with other public bodies, challenges lie in available staffing resource and budgets. Fiscal conditions remain challenging for the foreseeable future, and funding for nature restoration is in competition with a range of other high priorities for the Scottish Government. The Programme for Government will continue to set out annual priorities. Delivery of Nature Restoration Fund commitments are dependent on available budget.

It will be challenging to fully engaging the wide range of stakeholders that are needed to deliver upon the actions in the final Delivery Plan, to ensure these actions have a positive, transformative effect on biodiversity. Government alone cannot deliver the full range of actions needed to transform biodiversity therefore we will need the engagement of the whole of society, particularly those who manage our land and seas.

We will continue to engage with our nature agencies including NatureScot and SEPA, NGO’s, local authorities and other wider delivery partners during the development of our Strategy and Delivery Plan. An effective communications and engagement plan will also need to be developed so that the indirect drivers of biodiversity can be addressed through behavioural change, and to ensure that the right messages reach the right audiences at the right time. We will also need to develop appropriate and effective governance arrangements around the Scottish Biodiversity Framework to ensure the monitoring, evaluation and accountability of actions.

We will continue to resource mainstreaming activities across different Scottish Government policy areas - including climate, planning, forestry and agriculture. We also aspire to broaden out into Health, Transport and Energy, however levels of engagement will depend upon available staffing resource. Specific engagement will be sought through the delivery of specific actions and policies, including commitment to put in place a new National Park for Scotland, to ensure Nature Networks across all local authority areas, and in protecting 30% of our land area by 2030 (30 by 30).

In particular, peatlands delivery intersects with a broad range of cross-government policies, including: climate mitigation and adaptation and Just Transition; agriculture and crofting; land and deer management reform; forestry; land use planning and development; flood management; onshore renewables; horticulture; heat and buildings; tax. Effectively integrating and resourcing peatland protection, management and restoration within and across this complex and evolving policy landscape remains an on-going challenge. Peatlands are also a highly complex habitat and system, and a further related challenge is around the acquisition of robust science, data and monitoring to evidence and underpin policy decisions.

Peatland restoration delivery requires funding and skilled expertise. We will continue to address these challenges though taking forward a blended finance workstream, and to deliver a pipeline of restoration projects over multiple years. Increasing the scale and pace of peatland restoration remains challenging however our approaches have allowed annual peatland restoration to double in the last two years with 10,360 hectares restored in 2023-24 – the highest amount in a single year. Our Peatland ACTION Delivery Partners estimate that current capacity is being constrained to around 12-15,000 hectares per year due to limited annual budgets but estimate that if there was increased investment the sector could increase delivery to around 25,000 hectares per year. Increasing capital investment on its own will only take us so far in terms of realising the potential carbon savings from restoring our peatlands. It is therefore imperative that we continue to leverage additional resources and generate efficiencies in terms of carbon savings generated by managing our peatlands better.

We are also establishing a range of incentives and conditions through land and agriculture reform and are proceeding with work to develop thinking on the role of tax in land use, land reform and securing environmental objectives.

Alongside government’s significant investment, we also need increased responsible private investment in Scotland’s nature restoration. Increasing costs put pressure on public sector funding commitments but also create a significant opportunity for private investment in our natural capital. Both public and private investment in Scotland’s natural capital will be required to meet the linked climate and nature emergencies. Work is ongoing to develop a specific Biodiversity Investment Plan which will support the Natural Capital Market Framework to clarify what is needed in respect of a blended finance approach.