The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2011 No. 106

Regulation 54

SCHEDULE 1 INSERTION OF OPTIONS 79 TO 81 IN PART 1 OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

Column 1 Option	Column 2 Activity and eligibility conditions			Column 3 Rate of payment
79. Creation and management of grassland for hen harriers	(1)  This is a 5 year commitment.			For A(a) £256 per hectare per year
	(2) There are two elements to this option (A and B) to support hen harriers breeding in Special Protection Areas and Sites of Special Scientific Interest:—			For A(b) £208 per hectare per year
				For A(c)
	A: Creation and management of rough grassland for hen harriers—			£124 per hectare per year.
	(a) Creation and management of rough grassland on arable land;			For both A(a) and (b) up to a maximum of
				two hectares per year unless a beneficiary has prior written agreement from SNH for a larger area.
	(b) Creation and management of rough grassland on improved grassland;
	(c) Creation or management of rough grassland on unimproved grass; and
				For B £33 per hectare
	B: Creation and management of rough habitats for hen harriers.			per year.
	(3) For both elements A and B, a beneficiary is eligible for payment under this option if the beneficiary—
	(a) provides forage areas for hen harriers, within two kilometres of known hen harrier nest sites;
	(b) ensures that a dense cover of grass and other plants is created within the forage areas;
	(c) agrees with the Scottish Ministers a livestock management and grazing plan;
	(d) unless otherwise agreed with the Scottish Ministers, manages grassland with nil or light grazing with up to 0.15 livestock units per hectare from 1st May to 30th September, to produce a dense cover of grass and thatch for voles to live in;
	(e) does not apply fertiliser, slurry or farmyard manure to the managed area;
	(f) does not apply pesticides except with the prior written agreement of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of invasive non-native species;
	(g) does not carry out supplementary livestock feeding on the site; and
	(h) where new grassland sward is being created, sows the site with a low productivity grass and herb mix agreed with the Scottish Ministers and uses seeds of local origin wherever possible.
	(4) For element A(c), beneficiaries with areas managed under the “creation and management of rough grassland on unimproved grass” option of the Orkney Hen Harrier Scheme are not eligible until contracts under that Scheme have expired.
	(5) For element B beneficiaries must maintain the rough vegetation for vole habitat and must not graze the area except in exceptional circumstances where a light grazing regime has been agreed with the Scottish Ministers.
80. Open grazed grassland	(1) This is a 5 year commitment.			£93.72 per hectare per year
management for chough	(2) A beneficiary is eligible for payment under this option for farm land on in-bye rotational grassland, permanent grassland, coastal grassland and heath on free draining or sandy soils in the Argyll Islands or in Wigtownshire, which is subject to year round or seasonal grazing, if the beneficiary—
	(a) manages grazing land to benefit chough by providing them with the conditions essential for them to breed successfully;
	(b) agrees with the Scottish Ministers a grazing plan setting out a livestock management and grazing regime;
	(c) includes in the grazing plan the supplementary feeding methods for the livestock including the feeding location and how the feeding will be carried out to ensure that livestock graze the whole unit;
	(d) maintains an open sward on the site;
	(e) allows cattle and/or sheep to graze throughout the year or during specific times identified in the grazing plan;
	(f) manages the sward to create a variable height of more than 1 cm and up to 13cm which can include areas of sparse vegetation except when the field is closed off for silage production when the sward may exceed 13cm;
	(g) includes in the grazing plan the timing of any grazing breaks;
	(h) ensures the ground surface is visible and free from a build up of matted vegetation;
	(i) treats livestock where necessary with non-Avermectin based drugs unless otherwise advised by a veterinary surgeon and with the agreement of the Scottish Ministers;
	(j) cuts silage on or before 20th June; and
	(k) does not apply pesticides to the managed area except with the prior written agreement of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of invasive non-native species.
	(3) The same field need not be managed each year but the beneficiary must provide details of the fields to be rotated in this way, their location and areas at the application stage. If, during the relevant period, a different rotation to that originally agreed is approved by the Scottish Ministers, the area upon which the annual management payment is calculated will be restricted to either the area originally approved or the revised area, whichever is smaller.
81. Upland habitat management plan	(1) This is a commitment not exceeding 6 years.			Site assessment: 100% of actual costs
	(2) A beneficiary is eligible for payment under this option if the beneficiary—
				Upland habitat management plan (including annual reviews):
	(a) where necessary assesses the site, and prepares an upland habitat management plan for upland within or affecting designated SSSI, SAC and SPA sites which are at risk from negative deer or livestock impacts;
	(b) submits the upland habitat management plan to the Scottish Ministers for approval within a period of 12 months of the commencement of the commitment; and			Deer only: 100% of actual costs up to a
				maximum of £64, 383.56
	(c) begins implementing the upland habitat management plan within a period of 13 months of commencement of the commitment under this option.			Deer and livestock: 100% of actual costs up to a maximum of £64,383.56
	(3) Support will be available where—			Livestock only: 100% actual costs, minimum of £600 up to a maximum of £1600
	(a) in the opinion of the Scottish Ministers the areas to be managed are large, have complex management issues or where collaboration by other land managers is required; and
				Costs of land managers’ own time are not eligible.
	(b) either head (i) or head (ii) applies—
	(i) this head applies where either or both (aa) or (bb) below applies—			Habitat impact assessment in Year 3
				of implementation: 100% of actual costs
	(aa) deer management can be used to maintain or bring into favourable condition the upland features that are affected by grazing impacts;
	(bb) deer are present, and in the opinion of the Scottish Ministers, the proposed upland habitat management plan considers whole deer ranges/livestock hefts are sufficient to enable the delivery of option objectives and in the opinion of the Scottish Ministers there is no requirement for compulsory management measures; or			Open range deer count, if required, in Year 3 or early Year 4 of implementation: 100% of actual costs.
	(ii) livestock only management can be used to maintain or bring into favourable condition the upland features that are affected by impact of grazing.
	(4) The upland habitat management plan must—
	(a) provide an audit of the condition of the upland site and identify how the impact of deer and/or livestock will be minimised;
	(b) address in an integrated manner the impacts of all grazing animals on the condition of the special features of the site, including deer and livestock;
	(c) comply with technical guidance for upland habitat management plans and where deer are present, with SNH Best Practice Guidance on Deer Management Plans(1);
	(d) detail which habitats are to be assessed and ensure sampling for these assessments is stratified by management units;
	(e) include achievable targets for enhancing the condition of key habitats within the implementation period of 5 years of the upland habitat management plan;
	(f) be supported by survey and monitoring information and must be reviewed and updated at the end of each of the first 4 years of the implementation period. In the case of annual deer culls, the review must take place after the cull and by 30th April;
	(g) take account of its likely impact on neighbouring land and any aspects of neighbouring land that might affect its delivery;
	(h) within a deer range which includes areas of woodland linked to open range areas, take the impacts of deer on the woodland habitats into account. Plans prepared under option 62 for adjacent woodland must also be taken into account; and
	(i) include a timetable for preparation and implementation of the upland habitat management plan.
	(5) Where deer and/or livestock have free range across management unit boundaries or where livestock and deer management are carried out on the same management unit and neighbouring land managers wish to collaborate they must—
	(a) establish a forum to consult and agree objectives and actions;
	(b) consult SNH to ensure the upland range being targeted is biologically viable;
	(c) ensure the upland habitat management plan includes measures to manage the impact of grazing and trampling over the collaborative area, is prepared by a consultant and provides an overview of how deer and livestock impacts will be managed over the collaborative management area and includes individual plans for each land holding; and
	(d) divide the costs of preparing the overview among forum participants with each land manager liable for the cost of the plan for their own holding.
	(6) Where deer are present, the beneficiary must carry out a habitat impact assessment in the third year of implementing the upland habitat management plan.
	(7) Where the habitat impact assessment indicates that the deer management must be adjusted to meet targets, the beneficiary must carry out a deer count by helicopter in the third year or early in the fourth year of implementing the plan to inform changes to the upland habitat management plan in the fourth and fifth year of the implementation period.
	(8)  Where the habitat impact assessment indicates that a deer count may not be required, the beneficiary must notify the Scottish Ministers before 30th September and the Scottish Ministers may decide that the beneficiary does not need to undertake a deer count by helicopter.
	(9)  The habitat impact assessment and the deer count by helicopter must comply with the SNH Best Practice guidance(2).
	(10) The beneficiary may enter into different contracts for each element of the upland habitat management plan and is responsible for managing the contracts. Applications for aid must be supported by quotes in accordance with programme guidance.

(1)

This guidance is available online http://www.bestpracticeguides.org.uk/planning_dmps.aspx or by contacting Great Glen House, Leachkin Road, Inverness, IV3 8NW.

(2)

The guidance is available at www.bestpracticeguides.org.uk/siteindex.aspx.