What to do if you find a stag beetle

During work, tree surgeons ( especially while removing decaying tree stump) sometime find large black beetles. They may be concerned that they are Greater Stag Beetle Lucanus cervus and want to know what action to take to protect them.

Greater Stag Beetles are protected against sale in the UK under the Wildlife and Countryside Act, 1981 and are also a Priority Species under the NERC Act and an Annex II European Species.  They do occur in Norfolk, but are much commoner futher south in Ipswich and Suffolk.

Often though they will be stag beetles but the easily confused Lesser Stag Beetle Dorcus parallelipipedus , which is more widely distributed.

Lesser stag beetle Lucanus cervus

Decaying wood is important to all mini-beasts, especially in the “tidier” urban areas like Norwich.  An easy approach if possible is to reduce any stump in large sections and re-sited somewhere safer (something the lesser stag beetle colony will appreciate).

If you do find any text a photograph to us and we are happy to identify for you and let you know what to do.

We are also happy to carry out full invertebrate surveys of sites and make recommendations for managing them for charismatic stag beetles.

Update: Great Crested Newt licencing and mitigation review

Natural England is reviewing its approach to great crested newt licencing and mitigation approach, which will be introduced across the country. In each county, the approach will begin with a study to identify where newts are, and then create a map of the potential impacts of development to form appropriate conservation strategies in partnership with local government bodies. In the meantime, the existing methods of great crested newt mitigation for development projects withstand and there are no plans to abolish the laws protecting this species.

Great Crested Newt on hand

Read more about it in our previous newsletter article

If you want advice about how these changes might affect your company please contact us.

 

Licencing Spotlight: Water voles

Water voles, their breeding sites and resting places are fully protected by law under Schedule 5 of the Wildlife and Countryside Act 1981, making it a criminal offence to injure, damage or disturb them. They like soft-shored banks for burrowing, wide swathes of soft vegetation growing from the banks and water and slow-flowing and relatively deep water courses.

vole

Water vole: Photo courtesy of Ann Roberts

Surveys of a development site for water voles are required if either:

  • Known local distribution and historical records suggest their presence
  • There is suitable habitat for water voles in or adjacent to it.

After these surveys we assess the impacts a development would have on water voles without mitigation measures . This can be used to support any relevant planning application or discussions with the drainage board or Environment Agency.

In most cases, you could avoid harming water voles by adjusting your planned work. If you can’t  and will damage their habitats, you may need a licence from Natural England. Some displacement activity can be done under a class licence by a registered person; other activities will require a site-specific licence.

A licence will be required if development would need to displace water voles or if trapping and translocation is necessary. Any licence application needs to show an overall net conservation benefit for the water voles. For example, increasing the amount of habitat available to water vole population and/or improving the quality of habitat.

We can advise you on delivering water vole mitigation and licencing and anything else water vole related, please contact the NWS team: office@norfolkwildlifeservices.co.uk

Can eDNA detect great crested newts later in year?

Natural England [1] only accept “negative” eDNA results for newt licencing where efficacy has been proven ( e.g. between the above dates and by trained personnel ) . “Positive” results clearly have no such limitation.

The pilot work [2] on using eDNA for detecting newts relied on comparing conventional field survey techniques to eDNA and comparative results were therefore only available during their sampling period i.e. mid-April and late June. Detection rates for sites where newts were known to be present were 99.3% using professionals and 91.2% using volunteers.

The report [ 2 ] states that “Overall, collecting eDNA appears to be a highly effective method for determining whether Great Crested Newts are present or absent during the breeding season. We do not know how effective the method is outside this period.”

Natural England indicates the peak season for surveying for larvae is August, so in theory these should be detected by later eDNA tests.

eDNA declined rapidly once great crested newts were removed from experimental ponds [3] – to undetectable levels over 1-2 weeks. Ponds could therefore have been utilised by adults earlier in the season e.g. for foraging, but the absence of larvae would point towards absence of successful breeding.

References

[1] https://www.gov.uk/guidance/great-crested-newts-surveys-and-mitigation-for-development-projects

[2] Biggs, J., Ewald, N., Valentini, A., Gaboriaud, C., Griffiths, R.A., Foster, J., Wilkinson, J., Arnett, A., Williams, P. and Dunn, F., 2014. Analytical and methodological development for improved surveillance of the Great Crested Newt. Defra Project WC1067. Freshwater Habitats Trust: Oxford. http://randd.defra.gov.uk/Default.aspx?Menu=Menu&Module=More&Location=None&ProjectID=18650&FromSearch=Y&Publisher=1&SearchText=wc1067&SortString=ProjectCode&SortOrder=Asc&Paging=10#Description

http://randd.defra.gov.uk/Default.aspx?Menu=Menu&Module=More&Location=None&ProjectID=18650&FromSearch=Y&Publisher=1&SearchText=wc1067&SortString=ProjectCode&SortOrder=Asc&Paging=10#Description

[3] Thomsen, P., Kielgast, J.O.S., Iversen, L.L., Wiuf, C., Rasmussen, M., Gilbert, M.T.P., Orlando, L. and Willerslev, E., 2012. Monitoring endangered freshwater biodiversity using environmental DNA. Molecular ecology, 21(11), pp.2565-2573.

https://s3.amazonaws.com/academia.edu.documents/34355462/Thomsen_Kielgast_et_al._2012_Monitoring_endangered_freshwater_biodiversity_using_environmental_DNA.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1502361592&Signature=Mjs46Dii13qt4xOQn90M6w5u72M%3D&response-content-disposition=inline%3B%20filename%3Dpapers.pdf

What chemicals can I use in bat roosts ?

Natural England guidance on chemicals not affecting bats is hard to find on gov.uk. We have uploaded a copy of “Natural England Technical Information Note TIN092 Bat roosts and timber treatment products” [TIN092_Bat_Friendly_Timber_Treatment], which is the First edition dated 15 March 2011. This gives a list of those commonly available products currently approved as remedial timber treatment chemicals and products in bat roosts. This was an update to the information in the 3rd edition of the Bat Workers Manual.

We know the list is not comprehensive. If you can’t find what you are looking for, you may be best to get us to ring Natural England on your behalf.  They are very friendly and generally able to make a quick response on the subject.

Schedule 9 invasive plants and development

Schedule 9 plants are invasive and generally need controlling on a development site. After talking to a client about yellow archangel, we thought a list of schedule 9 would be helpful. It is an offence to “plant or otherwise cause to grow in the wild invasive non-native plants listed on Schedule 9 of the Wildlife and Countryside Act.”

A lot of the most invasive are aquatic or live in marshy environments e.g. Crassula helmsii, but brownfield sites also harbour species such as knotweed.  We can advise on control methods to incorporate into construction management for you.

Plants listed on Schedule 9 of the Wildlife and Countryside Act in England and Wales

Common Name Latin Name  
Elodea (waterweeds) eg Canadian waterweed Elodea Canadensis All species of the Elodea genus Aquatic – widespread in Norfolk
Curly waterweed Lagarosiphon major Aquatic
Duck potato Sagittaria latifolia Aquatic
Entire-leaved cotoneaster Cotoneaster integrifolius Garden escape
Knotweed Fallopia japonica x Fallopia sachalinensis (a hybrid knotweed) Brownfield sites
False Virginia creeper Parthenocissus inserta Garden escape
Fanwort (Carolina water-shield) Cabomba caroliniana Aquatic
Few-flowered leek Allium paradoxum
Floating pennywort Hydrocotyle ranunculoides Aquatic – highly invasive
Floating water primrose Ludwigia peploides Aquatic
Giant hogweed Heracleum mantegazzianum Fairly commonly encountered
Giant knotweed Fallopia sachalinensis Brownfield sites
Giant rhubarb Gunnera tinctoria Too cold in Norfolk
Giant salvinia Salvinia molesta Aquatic
Green seafingers Codium fragile
Himalayan cotoneaster Cotoneaster simonsii
Hollyberry cotoneaster Cotoneaster bullatus
Hottentot-fig Carpobrotus edulis Too cold in Norfolk
Indian balsam Himalayan balsam Impatiens glandulifera Water courses and rivers
Japanese knotweed Fallopia japonica Brownfield sites
Japanese rose Rosa rugosa
Montbretia Crocosmia x crocosmiiflora
New Zealand pigmyweed (Australian swamp-stonecrop) Crassula helmsii Aquatic – highly invasive in Norfolk
Parrot’s-feather Myriophyllum aquaticum Aquatic
Perfoliate Alexanders Smyrnium perfoliatum
Purple dewplant Disphyma crassifolium
Red algae Grateloupia luxurians
Rhododendron Rhododendron ponticum Acid soils only
Rhododendron Rhododendron ponticum x Rhododendron maximum Acid soils only
Small-leaved cotoneaster Cotoneaster microphyllus Garden escape
Shallon Gaultheria shallon
Three-cornered garlic Allium triquetrum Too cold in Norfolk ?
Variegated yellow archangel Lamiastrum galeobdolon subsp. argentatum Garden escape
Virginia creeper Parthenocissus quinquefolia Garden escape
Water fern Azolla filiculoides Aquatic
Water hyacinth Eichhornia crassipes Aquatic
Water lettuce Pistia stratiotes Aquatic
Water primrose Ludwigia grandiflora / Ludwigia uruguayensis Aquatic
Yellow azalea Rhododendron luteum Acid soils only

What is Section 28 permission ?

Section 28 is the way in which Natural England offer permission for acts that might potentially damage SSSIs.  It refers to the 1981 Countryside & Wildlife Act, which was amended by the Countryside Rights of Way Act 2000 and the Natural Environment and Rural Communities Act 2006.  It applies to individual landowners as well as public bodies such as Secretary of State, government departments and agencies, local authorities and statutory undertakers ( water, gas, drainage boards ).

The Act requires people who own or occupy of SSSIs to ask Natural England for permission to carry out operations that may “damage the special interest of the site”.  These operations  (also might be called ‘Operations Likely to Damage’ (OLD) or ‘Potentially Damaging Operations’ ( PDOs) are listed for each SSSI. They might include drainage, excavation or change of use.  [Normally where the site is already under a management agreement or management plan agreed with Natural England then the consent will be implicit in these plans. ].

There are three separate strands, based on who is applying and why :

1. Consents (= Section 28 E)

– applies to SSSI owners/occupiers of an SSSI asking permission to undertake works, including a public body where it isnt part of their functions e.g. where they own a SSSI.

2. Assents (= Section 28 H)

where public bodies are carrying out their functions such as  and they need to undertake works on a site that includes an operation identified in the SSSI notification as likely to damage.

3. Advice (= Section 28 I)

– where a public body, such as a local authority, has powers to grant permission for others to undertake work on an SSSI.  Natural England can advise against giving permission for such operations that may “damage the special interest of the site” or advise that conditions should be attached.

Natural England may grant consent, with or without conditions, or refuse consent on operations, where it is not “compatible with furthering the conservation and enhancement of the special interest of the site”.

More information is available from Natural England : https://www.gov.uk/guidance/protected-areas-sites-of-special-scientific-interest 

Ring us if you need advice or supporting surveys.

What do bat surveys involve ?

By May, the bat survey season is well and truly underway and at NWS surveys are taking place almost every day of the week.

Initial surveys are undertaken to look for evidence of bats and if found then typicaly three nocturnal surveys (dawn and dusk) may be required during the main survey season, i.e. May to September.

During a dusk survey, surveyors watch the building from 15 minutes before dusk and 2 hours after dusk to watch for any bats emerging from the building. A bat detector and a recording device are used to record any bat calls which are then analysed to confirm the sightings and to identify species. Target notes are also recorded on a map so any points of entry can be identified.

During a dawn survey, surveyors watch the building for the 2 hours before dawn (which means a very early start!). The same method is used as in a dusk survey but the surveyors are mainly watching for bats to return to roost.

These surveys can be really interesting and exciting if there is lots of activity at the site but they can also be a bit boring if there isn’t much going on (you are essentially staring at a building for 2 hours…. potentially at 2.30am!). It can be worth getting up super early though if you get a close encounter with a bat like at a recent site where Brown Long-eared bats were roosting just above our heads in a barn.

Brown long-eared bat

Brown long-eared bat

Great crested newt mitigation and translocation

When should I think about great crested newt mitigation ?

If you are planning on developing a site and have had an ecological survey to assess impacts to wildlife read on. The results of this survey have identified potential impacts on great crested newts in and around the proposed development area.  You need to start thinking about mitigation for great crested newts at this point. For example you may need to create new habitats offsite to offset any damage on site.

What happens if there are great crested newts in an area for proposed development?

You must apply for a European Protected Species Mitigation (EPSM) licence from Natural England (NE). There is no charge by NE for EPSM licenses, however, the development must pass three legal tests. The activity must be for a purpose of public interest (for example, for providing housing ). There must be no satisfactory alternative that will cause less harm to the species. The activity must not harm the long-term conservation status of the species.

Planning permission for any development of the proposed site should be granted prior to applying for an EPSM licence. Once a licence has been applied for, you can usually expect a licensing decision within 30 days, but NE is currently assessing a large volume of applications.

A mitigation strategy forms part of the licence application. This both safeguards the great crested newt population before and after works and prevents harm to the individual animals. There will be a legally binding Method Statement which will include methods e.g. for translocation to remove individual newts, and a timetable.  Although these can be varied if something unexpected happens, not complying with the licence is a legal offence, so they need to be well thought through.

Translocation

Sometimes it is not possible to retain newt populations within a development site. In this case they will need to be moved – known as “translocation” or trapping out.  Translocation of Great Crested Newts will always involve a licence application to Natural England.

In the application Natural England will want to see that :

– The translocation site is as near as possible to the original site. In general over a mile would be unacceptable to them except in exceptional circumstances.  This is because the mitigation needs to maintain the populations at a local level, but also due to the risks of spreading chytrid and other amphibian diseases across the countryside.

– Any ponds removed or adversely affected will be replaced, preferably at a least a 2:1 ratio, . This is based on the presumption that not all ponds will be successful for newts.  Sometimes enhancement of existing ponds is possible e.g. old overgrown ponds now unsuitable for newts. SUDS ponds or balancing lagoons are not suitable.  The pond needs to be specifically for the species.

– There will need to be new habitat created or enhanced at least equal in area to that lost and/or of a higher quality. Examples might include arable land being replaced by grassland or improved grass leys replaced by scrub and woodland.

– In general you will need a survey to see if there are newts already at the translocation site. Translocating newts into ponds with existing populations is not acceptable, as there is no net gain for the species, since they just compete with newts already there.

– The management of the site will need to be guaranteed “in perpetuity” – normally by a Section 106 agreement with the landowner.  This is clearly less complex where the land is within the blue line of the development site owner or even with the red line.

Trapping a site out can be a lengthy process and take over a year allowing for licence application and seasons.  Trapping will normally be for 60 suitable days, but with additional requirements for breeding ponds. Suitable days are normally during spring and autumn, when temperatures are warm enough but not too dry for the newts to move around. When conditions are not suitable ( e.g. there is no rain for several days or it is too cold ), then trapping nights become “invalid” and the period of time needs to be extended.  Thus 60 trapping nights could in reality extend over an additional nights say or be caught short by the autumnal frost or a summer drought.

Planning law says that the local planning authority have to assess whether a European Protected Species for a site is likely to be granted by Natural England ( e.g. Morge versus Hants and more recently Elsworthy Farm judgement ) prior to granting permission.

How does the licence work when developing a site?

You need to keep a copy of the licence on site, and you may be inspected by Natural England to see if you are complying with it – they can request to see this copy.  Certain works will be carried out or supervised by your licenced ecologist, but there will be other responsibilities resting on the client. Make sure all contractors coming on site are inducted on it, and stick to what it says. At the end of the works, you need to make a licence return to prove that they have been carried out, and monitoring of any new ponds is necessary to give some measure of success.

For great crested newt legislation, see this post.