Biodiversity in Planning

As of October 1, 2022, Eurasian beavers in England have been granted additional legal protection under the Conservation of Habitats and Species Regulations 2017. With this change, they are recognized as a European Protected Species. This designation makes it an offense to deliberately disturb, injure, capture, or kill a beaver. Additionally, damaging or destroying a beaver’s breeding site or resting place is prohibited.

These protections extend to the possession, control, transport, sale, or exchange of beavers, whether alive or dead, including any beaver parts and derivatives. The Wildlife and Countryside Act 1981 also prohibits the release of beavers into the wild without a license and sets restrictions on the use of traps or snares for capturing beavers.

In Scotland, the legal protection of beavers, which was established on May 1, 2019, as part of their European Protected Species status, includes several provisions. These include the prohibition of intentionally capturing or killing beavers, as well as deliberately disturbing them in a manner that could negatively affect their survival, breeding, or nurturing of their young. Additionally, it is unlawful to damage or destroy the habitats of beavers, specifically their breeding sites or resting places. The regulations also extend to controlling the trade and movement of beavers, making it illegal to possess, control, transport, sell, or exchange beavers, whether alive or deceased, and this also covers any beaver parts or derivatives.

Management actions that might impact beavers, like the removal of their dams or any form of lethal control, are subject to strict licensing to ensure they align with the legal protections and animal welfare considerations. NS Beaver Mitigation Scheme should be contacted for site specific advice as required

In Wales, the legal protection and management of beavers are currently under consideration and development. As of now, Eurasian beavers are listed on Schedule 9 of the Wildlife and Countryside Act 1981. This classification means it’s an offense to release beavers into the wild without a license. The guidance issued jointly by Defra and the Welsh Assembly Government in 2011 implies that releases into enclosures are also considered to be “into the wild” for licensing purposes in Wales, any potential development in areas with beavers should seek advice from NRW on a case by case basis currently

Natural Resources Wales (NRW) requires a license for releasing beavers, whether into the wild or an enclosure. The licensing process is comprehensive and includes an assessment against the IUCN Guidelines for Reintroductions and other Conservation Translocations. The process involves submitting a detailed project proposal, stakeholder engagement summary, general and veterinary risk assessments, and, in the case of enclosures, specific plans for enclosure specifications, maintenance, and escape and recapture strategies. The aim is to ensure that any reintroduction or management of beavers is conducted responsibly, considering potential impacts on local ecosystems, hydrology, flood risk, neighbouring land, and infrastructure.

There is no specific legal protection for beavers in Northern Ireland, primarily because beavers are not native to the region and have not been reintroduced there in any official capacity. Unlike in Scotland, England, and Wales, where beavers have been reintroduced and received legal protection, Northern Ireland does not have an established beaver population, and therefore, there are no specific legal frameworks or protections in place for them.

During the walkover survey, signs of beavers, such as the identification of lodges, burrows, dam structures, feeding areas, pathways, footprints, and other indicators across the site, will be documented and mapped.

If it is reasonably determined that beavers are absent from the site, or if planned activities are unlikely to adversely impact them, the initial site walkover survey may suffice for planning purposes. However, if beavers are present, and the proposed work has the potential to negatively affect them or their structures, a survey focusing on lodges and burrows may be conducted to map their locations. This survey would include recording the number and location of visible lodges and burrows, along with marking all forage areas with an indication of fresh, old, or a mixture of feeding signs.

In situations where uncertainty exists about whether certain holes or tunnels on the site are created by beavers or if a particular lodge is currently active or disused, further discussion with the relevant licencing authority will be necessary.

A survey focused on lodges and burrows can be seamlessly integrated with the initial walkover survey, especially when it is known or anticipated that beavers are present and could be affected by the proposed development.

The best time for a survey often depends on the habitat and the specific signs being sought. For example, gnaw marks and felled trees can be surveyed year-round, but lodges and dams are more easily observed when vegetation is less dense, typically through winter. Surveying beaver burrows is difficult because they are hard to find and map out completely. It’s important for these surveys to take into account the water levels, as this affects how well burrows can be seen and accessed. It should always be assumed that every single burrow will not be found.

Beaver territories are known for having a central area where they gather food, and the signs of their presence, like the types of structures they build, change with the seasons and over years.

Since beavers can quickly build new lodges and burrows, surveys need to be done close to when work in their habitat is planned and should be repeated right before the work starts to make sure the most current information is available.

Development projects occurring in areas with beaver populations risk causing direct harm to these animals or disturbing them in their habitats (including damaging their protected features such as dams and lodges), as well as fragmenting the habitats crucial for their survival. Your ecologist will provide advice on the appropriate measures that can be implemented to mitigate these impacts and minimize disturbance to beavers. Where possible, avoiding impacts is the preferred approach. Any loss of access points for beavers or connectivity of their habitats should be adequately compensated for.

Consultants may suggest various mitigation methods designed to strike a balance between legal requirements, preserving the ecological benefits that beavers bring and addressing potential concerns of local communities and landowners. These may include the installation of beaver-proof fencing, methods of protecting trees, and the use of flow devices and culvert protectors.

Enhancing habitats for beavers involves creating and expanding wetland environments, improving water quality, and providing suitable food sources like naturalised riparian vegetation. Restoration and protection of riverbanks are important for beaver habitats, and ensuring connectivity between water bodies are key for beaver movement and population sustainability. Give space for water and allow vegetated buffers between water and various land use activities.

Monitoring may be required in some cases, particularly where specific conservation or management measures have been implemented. This is important to determine the success of these measures, such as the effectiveness of new wetland habitats created for beavers or modifications to waterways to facilitate their movement. Methods may include the use of camera traps to observe beaver activity and behaviour, or more direct approaches like inspecting for field signs such as feeding signs, dams, lodges, and active forage trails. This kind of monitoring helps in assessing the impact of beavers on the environment and in making informed decisions for their management and conservation.

In England, the Department for Environment, Food & Rural Affairs (DEFRA) oversees the licensing related to beavers, which are protected as a European protected species. Activities that could disturb beavers or their habitats, such as modifying or removing beaver dams, burrows, or lodges, may require specific licenses. There are different classes of licenses available depending on the nature of the activity. For instance, CL52 is for modifying or removing beaver dams outside of the breeding season, CL51 is for removing burrows, dams, or lodges in general, and CL50 is for capturing, transporting, and re-releasing beavers or modifying/removing their habitats. For activities that do not directly interact with beavers or their habitats, such as surveys that don’t interfere with dams, lodges, or burrows, a license might not be required.

In Scotland, NatureScot is responsible for issuing licenses regarding beavers. Basic beaver surveys that don’t involve interference with their structures generally don’t require a license. However, more invasive examinations or activities involving capturing or marking beavers would require a license. Like in England, the licensing is governed by strict European protected species licensing tests, ensuring that the licenses are only granted where there is no satisfactory alternative.

It’s crucial for those engaging in activities that could impact beavers or their habitats to familiarise themselves with the specific licensing requirements and apply for the appropriate license if necessary. Both DEFRA in England and NatureScot in Scotland provide detailed guidance and application processes for these licenses. Failure to comply with these regulations could result in legal consequences, given the protected status of beavers in the UK.

• https://www.gov.uk/government/publications/beavers-protection-and-management/protection-and-management-of-beavers-in-england
• https://www.gov.uk/guidance/beavers-how-to-manage-them-and-when-you-need-a-licence
• https://naturalresources.wales/permits-and-permissions/species-licensing/list-of-protected-species/beaver-licensing/?lang=en#:~:text=licence%20from%20NRW.-,Beavers%20and%20the%20law,the%20wild%20without%20a%20licence.
• https://www.nature.scot/doc/standing-advice-planning-consultations-beavers
• Campbell‐Palmer, R., Puttock, A., Wilson, K. A., Leow‐Dyke, A., Graham, H. A., Gaywood, M. J., & Brazier, R. E. (2021). Using field sign surveys to estimate spatial distribution and territory dynamics following reintroduction of the Eurasian beaver to British river catchments. River Research and Applications, 37(3), 343-357. https://pelagicpublishing.com/products/eurasian-beaver-mammal-society