epc(2) 12-05(p5) annex c draft regulatory ...14. the proposed regulations were notified to the...

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EPC(2) 12-05(P5) ANNEX C

DRAFT REGULATORY APPRAISAL

AGRICULTURE, WALES

THE COMMON AGRICULTURAL POLICY SINGLE PAYMENT AND SUPPORTSCHEMES (CROSS COMPLIANCE) (AMENDMENT) (WALES) REGULATIONS2005

Purpose and intended effect of the measures

1. The purpose of the Common Agricultural Policy Schemes (Cross Compliance)(Amendment) (Wales) Regulations 2005 is to introduce legislation to:

• allow arable farmers whose normal farming practice determines that the winterarable crop ( eg winter oil seed rape) is planted before 31 August to cut therelevant hedges subject to compliance with the Wildlife and Countryside Act1981. (Hedge cutting in Wales is prohibited between 1 March and 31 August.)This allows arable farmers in Wales to operate on the same basis as arablefarmers In England;

• hedge cutting and laying cannot take place between 1 March and 31 Augustunless for health and safety reasons e.g. next to road sides. However, hedgelaying and restoration may take place from 1 March - 31 March subject tocompliance with the Wildlife and Countryside Act 1981. Under the Act it is illegalto knowingly cut hedges where there are nesting wild birds. This legislation willenable the dates of 1 March - 31 March to be extended to 1 March - 30 April forspecialist training and competition events;

• allow farmers to maintain their soil management records on farm instead ofhaving to submit declarations to Rural Payments Division; and

• strengthen the current requirements of the existing legislation with regard to thepowers of authorised persons and clarification on the prevention of damage toland that leads to soil run off into watercourses.

These regulations implement wholly Welsh policy that have been devised followingconsultation. In England hedge cutting and laying cannot take place between 1March and 30 July unless for health and safety reasons e.g. next to road sides.However, hedge laying and restoration may take place from 1 March – 30 Aprilsubject to compliance with the Wildlife and Countryside Act 1981. The soilmanagement arrangements in England are also subject to amendment in theEnglish SI, to come into force 31 December 2005. These arrangements will differ tothose in Wales.

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Background

2. Cross compliance is a set of environmental standards and conditions required bythe European Commission that farmers have to meet in order to receive fullpayment under the Single Payment Scheme. Cross compliance comprises twoelements:

• Compliance with Statutory Management Requirements (SMR) – a number ofspecific standards established in EU Directives and Regulations, phased in over 3years (2005 to 2007). Most of the 19 SMRS relate to existing laws and addressenvironmental, public and plant health, animal health and welfare and livestockidentification and tracing objectives.

• Maintenance of land in Good Agricultural and Environmental Condition (GAEC)within a framework established in EU Regulations.

Risk Assessment

3. Farmers must meet cross compliance requirements in order to claim on SinglePayment entitlements. The risk of not modifying the requirements is inappropriateland management by farmers. This, and failure to submit soil assessment formscould lead to financial penalties applied to their payment. The financial penaltyregime is complex and dependent upon the level of cross compliance breachesidentified. These penalties are applied on the same basis across the UK.

Options

Option 1:Do nothing

4. Failure to make these Regulations would mean arable farmers in Wales would nothave a derogation to permit them to cut relevant hedges before planting winterarable crops prior to 31 August. In addition farmers would still be required tosubmit their soil assessment forms to the Welsh Assembly Government each yearand be subject to financial penalties for failing to comply. .

Option 2: Make the Legislation5. These Regulations introduce a derogation for earlier hedge cutting dates for

arable farmers and reduced paperwork if soil assessment records can bemaintained on farm.

Benefits

6. The benefits of the cross compliance measures will help to promote the AssemblyGovernment’s strategy for bio-diversity and sustainability.

7. The reduction in disturbance to nesting birds through maintaining the currentcutting and laying restrictions for the majority of farmers will significantly benefitwild fauna.

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8. Bureaucracy will be reduced for farmers ( ie farmers will be able to keep the soilassessment forms on farm and not be required to submit them to officials).

Costs

9. The costs of making these Regulations and the cost of providing a SoilManagement booklet to all farmers will be met within the existing Rural PaymentsDivision budget. The estimated cost of providing the booklet is £5000. There willbe no additional financial implications for farmers.

Competition Assessment

10. The competition filter test has been completed and it shows that there is unlikelyto be any market competition impact from these Regulations.

Consultation

With Stakeholders11. The Assembly Government has consulted farming and countryside interests

about proposed changes to the cross compliance requirements. The consultationstarted on 15 August 2005 and ended on 9 September 2005. Forty fiveresponses were received, (a list of consultees is at pages 5-6), and a summary ofthe responses can be found starting at page 7. The proposals on which weconsulted were:• to amend the hedge cutting dates. Currently hedge cutting is not permitted

between 1 March and 31 August. The proposal was to allow hedge cuttingafter 31 July;

• to amend the hedge laying dates. Currently hedge laying is permitted duringthe period 1 March to 31 March, when hedge trimming is not permitted. Theproposal was to allow hedge laying up until 30 April; and

• to amend the process of soil management self assessment - currently farmersare required to submit their assessment to the Rural Payments Division by 28February. For 2006, it was proposed to issue all farmers with a soilmanagement assessment record book, to be maintained on the farm and to bemade available to Rural Payment Division when requested.

12. These consultation proposals were developed following comments from theIndustry and to bring the requirements for hedge cutting and hedge laying in linewith those in England. The revised arrangements for soil managementassessment were generally welcomed. The hedge cutting/laying proposals weresupported by the farming unions, representatives from the farming communityand Auctioneers on the grounds of health and safety, difficulties for agriculturalcontractors including the impact of inclement weather, and difficulties faced byarable farmers planting winter crops. The conservation lobby raised concerns inrelation to sustainability and the wider biodiversity agenda. They were alsoconcerned about the negative impact of the change on the breeding success ofhedge nesting birds such as the yellowhammer, linnet and bullfinch, which arelisted as Principal importance for conservation under the Countryside and Rightsof Way Act 1980.

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13. Consequently, it was necessary to make modifications to the proposals on thehedge cutting and hedge laying requirements. Therefore, there will be no changeto the hedge cutting dates in Wales except for arable crops where the normalagricultural practice determines that the winter arable crop is planted before 31August. Farmers will be able to cut the relevant hedges subject to compliancewith the Wildlife and Countryside Act 1981. In addition, there will be no change tothe hedge laying dates in Wales, except permission on application may be givenfor specialist and training events up to the 30 April, provided they are conductedin compliance with the Wildlife and Countryside Act 1981.

With Subject Committee14. The proposed Regulations were notified to the Environment, Planning and

Countryside Committee via the rolling programme of forthcoming legislation(EPC(2) 11-05 (p.7) Annex 1, item No. 50) on 5 October 2005 and have beenidentified for detailed scrutiny.

Review

The Common Agricultural Policy Single Payment Scheme Cross Compliancelegislation is subject to continued monitoring and review by Assembly Governmentofficials, external specialists in Wales, the European Commission and EU auditors.

Summary

Cross Compliance is a mandatory requirement of the Single Payment Scheme.These Regulations represent a balanced approach that will help deliver theAssembly’s objectives and consistent with the principles of better regulation.

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Consultees

Alphabetical List Of Organisations, EPC Committee Members andIndividuals

ORGANISATIONS

Countryside Council for Wales B Pawson; B Long; L HughesCountry Landowners Business Association Colin Hedley; Julian Salmon;

Dawn HardingDEFRA David J CollinsEnvironment Agency Richard Davies; Bob

MerrimanFood Standards Agency Mike PenderForestry Commission Peter Garson Steve HuntFarmers' Union of Wales Arwyn Owen; Rhian Nowell-

PhillipsGelli Aur College John GriffithsLocal Authority Graham CapperNational Farmers' Union Mary JamesOrganic Centre Wales Sue FowlerPowys Local Authority Idris JonesRoyal Society for the Protection of Birds Katie-Jo Luxton; Tim StoweSnowdonia National Parks Authority Emyr WilliamsWelsh Local Government Association Sue Perkins

EPC COMMITTEE MEMBERS

Alun Ffred Jones (Chair) Carwyn Jones (Assembly Minister)Lorraine Barrett Helen Mary JonesMick Bates Sandy MewiesGlyn Davies Carl SargeantIrene James Brynle Williams

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PARTNERSHIPS

K Bellis C MorganMrs M Dalton J MorrisJ Davies Ms O MossK Davies G OwenP Davies G OwenM Dolan R ParryA Edwards E PerkinsD Evans D ReesFarmers Marts P ReesP Francis H RichardsJ Ganes A RobertsD Gatehouse G O RobertsMiss A Giddings I RobertsH Griffiths J F RobertsL Griffiths D SiencynC Horn R VoyleS James G WatkinsD Jarrett S WhiteB Jones A WilliamsC Jones D WilliamsD Jones G WilliamsH T Jones J Ll WilliamsG Lewis Ll WilliamsG Lloyd Miss R WilliamsR Meadmore

Summary of responses to proposals for modifications to the SPS cross-complianceregime

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Summary of the ‘2006 SPS Modifications’ Consultation – Cross-compliance

Questions Consultee: Countryside Council for WalesQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Does not believe that prohibition of hedge cutting inAugust is likely to cause problems for the majority offarmers in Wales. 77% of Wales is LFA and all farmsin receipt of Tir Mynydd are subject to the requirementsof Good Farming Practice since the adoption of theRural Development Plan for Wales on 1 January 2000.

It is suggested that ground conditions are more suitedto mechanical operations during August, yet Met Officedata shows that on average September is likely to bedrier than August. It has also been suggested thathedge trimming in August will allow more time forestablishing winter crops, but only 3% of Welshagricultural area is arable. Whilst with the exception ofoil seed rape most arable crops are likely to beestablished after the end of August.

Supports the WAG’s concern that land be managed inways that minimise soil structure damage butconsiders the proposed change to hedgerowmanagement, as it affects all Welsh agricultural land,to be a disproportionate response to dealing with aproblem that affects certain parts of the country atcertain times.

They consider that the soil types susceptible tostructural damage from working the land duringSeptember cover less that 25% of Wales and these aremostly overlain by grassland/marshy grassland. Thehighest risk occurs on arable land which covers only3% of the Welsh agricultural area and only a relativelysmall proportion of the arable area is underlain by soilsprone to damage during September. AS a result theproposal to amend hedge cutting dates across thewhole country appears to represent a disproportionateapproach to reducing the risk of structural damage toWelsh soils.Risk to soil structure up to early October in normalyears and early September in wet years in the drierclimates of West Wales (e.g. Ardleen 825mm annualrainfall). In contrast there is little opportunity forcultivation after 1 September on Cegin soils in thewetter climates of Llanerchymedd


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Q.1b Would the proposedchange alleviate theseproblems?

Believes the proposed change will affect the entireagricultural area of Wales in order to resolve a smallnumber of issues within certain parts of the country. Amore refined approach, which takes into accountgeographical differences and/or particularcircumstances, may represent a more effective way ofdealing with the issues identified.

Q.2a Are environmentalbenefits derived from thecurrent restrictions? If so,provide details and answerquestion 2b.

Appendix II provides the dates at which a number ofbird species typical of Welsh hedgerows are recordedas fledging young. The data suggests that althoughthe first broods should have safely left the nest by theend of July, species that have a second and even thirdbrood will not have fledged by the end of August andare vulnerable to the disturbances caused by flailcutting. Species such as Yellowhammer, Bullfinch andLinnet, which are listed as being of principalimportance for conservation of bio-diversity undersection 74 of the Countryside and Rights of Way Act(2000).

In the context of this consultation it should be notedthat Yellowhammer and Bullfinch are amongst thefarmland bird species whose populations havedeclined significantly in recent years across Wales.Data from the BTO/JNCC/RSPB Breeding Surveyshow a 39% decline in abundance of Yellowhammerbetween 1994 and 2003 whilst the comparable figurefor Bullfinch is 28% (The State of Birds in Wales, 2003,RSPB, CCW, WOS, BTO and WWT).

Q.2b How would the benefitsidentified be affected by theproposed change?

Believes the proposal will have a damaging impact ona range of farmland birds, including at least onespecies of principal importance where the NationalAssembly has responsibility for furthering the deliveryof practical conservation measures. Under section1 ofthe Wildlife and Countryside Act (1981) it is an offencefor any person to intentionally damage or destroy thenest of any wild bird whilst that nest is either in use orbeing built. One of the principal conditions of the SPSis that farmers comply with Statutory ManagementRequirements (SMRs), one of which relates to theconservation of wild birds (European Council Directive79/409) as well as obligation set out under GAEC.Article 5 of Directive 79/409 prohibits the destruction ofboth nests and eggs, so that farmers in the UK mustcomply with section of the Wildlife and Countryside Actin order to abide by the SMR. Therefore, the proposedchange risks placing farmers in breach of another partof the cross compliance regime.


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Q.3 Will the additional timefor hedge laying/coppicingprovide agricultural andenvironmental benefits? Ifso, provide details.

Supports the use of hedge-laying and coppicing as ameans of restoring hedges, although the latter involvesthe wholesale removal of woody material down toground level such that protective fencing is necessaryto protect the subsequent re-growth from grazinganimals and ensure a rejuvenated hedge in the longerterm. As far as CCW is aware the bulk of hedgerestoration in Wales takes place under agri-environment schemes, whether nationally schemes.

As all hedgerow restoration work under agri-environment schemes is subject to environmentalconditions, the majority will be completed by mid-March. The existing GAEC conditions which require allhedgerow work to be completed by the end of March,thus appears reasonable. Although there maybe somespecialist or exhibition events that would benefit fromwork being carried out in April, it would seem better touse specific derogations, rather than a change for all ofWales to deal with a relatively small number ofexceptional cases.

Is not aware of any need to delay the laying ofWhitethorn (Crataegus monogyna) until April. This isone of the most common species and is frequently laidearlier in the year. Similarly holly is often laidthroughout winter but is not a major component ofmany hedgerows.

Q.4 Do you agree that hedgelaying should be permittedbetween 1 August and theend of April? If not, why not?

Annex II shows the points at which typical hedgerowbird species in Wales are recorded as starting to layeggs. All but one of these species now starts egglaying in April. Associated breeding activities such asestablishing territories and building nests willcommence well before egg laying. Therefore, anyextension to the hedge laying period to the whole ofApril is likely to cause substantial disturbance to anumber of species. In particular, the Song Thrush(another section 74 species which the Assembly isresponsible for conservation) could be particularlyaffected, since 50% of the breeding population can beexpected to have laid eggs by 19 April.

In response to the previous cross-complianceconsultation CCW noted that there was now evidenceof a trend for birds to nest earlier in the year andadvised that cessation of hedge trimming should beginfrom 1 March. CCW had welcomed the compromisedecision not to allow hedge trimming from 1 March to31 August but to allow hedge-laying during the monthof March.


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Have substantial concerns over extending the hedge-laying dates to the end of April. Under section1 of theWildlife and Countryside Act (1981) it is an offence forany person to intentionally damage or destroy the nestof any wild bird whilst that nest is either in use or beingbuilt. One of the principal conditions of the SPS is thatfarmers comply with Statutory ManagementRequirements (SMRs), one of which relates to theconservation of wild birds (European Council Directive79/409) as well as obligation set out under GAEC.Article 5 of Directive 79/409 prohibits the destruction ofboth nests and eggs, so that farmers in the UK mustcomply with section of the Wildlife and Countryside Actin order to abide by the SMR.

Q.5 Do you support changingthe soil management self-assessment arrangements?If so, do you agree with theproposals for 2006?

Is concerned about the implication in the consultationthat since the quality and quantity of self assessmentforms submitted in 2005 was inadequate, theadministrative burden on farmers needs to be reduced.Although the SPS is not an environment payment, aspart of CAP reform the EU Council of Ministersdetermined that farmers should received public supportprovided a range of legislative and good practicestandards was complied with. This implies that wherenon-compliance is identified then the rate of inspectionshould be increased, together with the application ofappropriate sanctions. Nevertheless, an on-farm soilmanagement record book has the potential to deliversignificant benefits provided the new system is appliedeffectively. The forms used in 2005 did not providesufficient space to describe problems nor detail of howthese would be dealt with. Furthermore, the fact thatthe form had to be submitted at one point in timereduced the opportunity for farmers to use theassessment as part of an ongoing process of reviewcoupled with action to address identified problems.

Would support on-farm recording provided it iseffectively monitored through an inspection systemand:• the information available on farm includes

definitions of heavy poaching and rutting, as well aswhen action should be taken to control any soilerosion in fields and bankside erosion adjacent torivers, streams and watering points. Guidance onhow much of an area has to be affected before it isclassified as a problem and clearer definitions arerequired I relation to acceptable conditions aroundgateways.


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• The record book is updated regularly throughoutthe year and not just in time to meet an artificial 1January deadline. The most vulnerable periods forsoils occur in the spring and autumn, and thereforethe recording mechanism should reflect conditionsof the soil at regular intervals or as issues areidentified (In the same way that cattle movementsare updated as changes occur or in a given periodof time).

• The guidance must make it clear that if the recordbook fails to reflect the condition of the soil at thetime of inspection that this could affect theentitlement to SPS (again a similar approach tocattle movements).

• The entire approach is based on the recognitionthat soil problems can occur even when landmanagement is of a good standard. Theidentification of problems and the deployment ofappropriate measures will not result in penalties.Conversely a failure to identify problems will betreated seriously. This approach will put the onuson keeping the system up to date an using it as apositive tool to aid both the overall health of thebusiness and the environment.

Recommends the use of tabulated fields capable ofholding the following minimum levels of information:details of the enclosures affected (field name or IACSnumber); the nature of the problem; what is proposedto rectify the problem, when action will be taken; thedate rectification measures take place; details ofimmediate/proposed changes to farm managementdesigned to prevent recurrence; date planned changesare expected to be implemented; and actual date ofimplementation.

Q.6 If not, have you anysuggestions on how we couldimprove/refine therequirement?

As above.


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Questions Consultee: RSPB CymruQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Does not agree that significant problems are caused tofarming operations due to the current hedge cuttingdates. 77% of Wales is LFA, and the Tir Mynydd GoodFarming Practice conditions have been using the 31August start date since 2000. In these five years therehave been no significant problems raised by farmers ortheir representatives to RSPB Cymru. RSPBconsiders the lack of enforcement of the conditions islikely to have been a more serious concern. RSPBreceive many calls from members of the publicconcerned that hedge cutting disturbing or destroyingnests during the breeding season.

Does not believe that poor enforcement of existingconditions is an acceptable reason for amending cross-compliance, as this would set a negative precedentand lesson public understanding or acceptance of theagricultural subsidy system. Also disagrees thatground conditions are more suitable for mechanicaloperations under the new dates, because of theimplication in the consultation that September is wetterthan August. Met Office information based on 1985-2004 shows that average monthly rainfall in August is74.34mm and in September is 69.23mm. Since 1914when monthly rain records are available, Septemberhas been drier than August 51 out of 91 years.

Does not believe that the use of tractors with cuttingequipment or flails in September would cause aconcerning level of soil structure damage. Significantlyless in scale and compaction than the damage causedby mechanical cultivation of autumn crops or winteruse of machinery. Hedge cutting does not normallytake place as soon as the restrictions are lifted but isfitted around other activities throughout the autumnand winter.

The relatively small amount of autumn crops sown inWales and the current hedge cutting dates allowadequate time for the work to be fitted around otherfarming operations. As hedges do no need to andshould not be cut every year, there is ample time if thefarmer plans ahead to avoid clashes between autumnplanting and hedge cutting rotations. Also considersthat planning hedge management on rotation wouldavoid clashes with re-establishing grass leys inintensive pastoral systems. Good practice guidelinesand the WAG should encourage farmers to introducemargins around arable fields to avoid conflict betweenhedge cutting and crop planting. These margins


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benefit wildlife significantly, particularly in providingseed food and invertebrate prey for hedgerow nestingbirds in autumn and winter. Where there are healthand safety concerns caused by using machinery onsteep ground in wet weather conditions, the WAGshould encourage farmers to carry out such activity inSeptember or cut/lay their hedges through agri-environment schemes.


No comment.


Believes the current hedgerow cutting dates are areasonable compromise between farming practicesand the conservation of late nesting hedgerow birds.Records show many species nest into August andSeptember, but we believe the current dates are mostimportant for Yellowhammer, Bullfinch and Linnet.Best practice advice recommends avoiding hedgemanagement between April and the end of September.Significant bodies of evidence including natural historyrecords, the Nest Record Scheme and autecologicalresearch chows that these species will have eggs orchicks in nests very late into August and earlySeptember.

Annex III shows the average nesting dates for farmlandspecies taken from first egg dates.


The Wildlife and Countryside Act 1981 gives legalprotection to all wild birds, and under section 1 it is anoffence to intentionally take, damage or destroy thenest of any wild bird whilst it is in use or being built. Byextending the dates, the WAG would be invitingfarmers to flout the law and breach the StatutoryManagement Requirements, which will impact onfarmers’ receipt of SPS. Under section 74 of thecountryside & Rights of Way Act Yellowhammer,Bullfinch and Linnet are all species of PrincipalImportance in Wales. The WAG has a responsibility totake or promote to others such steps as is reasonablypractical to further the conservation of these species.This is not compatible with the proposed change to thedates.

The WAG has committed itself to stabilise or reversethe decline in wild bird populations by 2010. Anyerosion of the protection would not be compatible withthis aim. Furthermore, Yellowhammer and Bullfinch


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are red listed (high conservation concern) and Linnet isamber listed in Wales. All three are red listed at theUK level. Yellowhammer abundance began to declinein the mid-1980s and the most recent Breeding BirdSurvey shows a decline of 37% between 1994 and2004 in Wales. Based n the UK long term trend andthe current short term Welsh trend, it is highly likelythat there has been a Yellowhammer decline of morethan 50% in Wales in the last 25 years. Overall nestsuccess rates are low probably because later nests,which tend to be more successful, areunderrepresented in the Nest Record Scheme dataset.

Yellowhammer nest preferentially in short, thickhedgerows or scrub with adjacent grassy margins orditches. They have two breeding attempts (sometimesthree) between May and August, with later broodsmore successful. Early nests before the hedge is fullleafed tend to be in the herbaceous vegetation abuttingthe hedge, with later nests in the hedge itself. The UKBullfinch population has been in decline since the mid-1970s, following a period of relative stability. In Wales,over the last 10 years, there have been periods ofsteep decline followed by more recent partial recovery.CES data indicate that productivity may haveincreased over the last decade. However, nest failurerates at the egg stage have risen through the 1990s.Bullfinches nest in tall, thick hedgerows and scrub, andare also particularly dependent on these habitats foryear-round feeding. They nest from May until August.

Historic data on Linnet abundance cannot bedesegregated for Wales-only, but on a UK level theydeclined rapidly between the mid-1970s and mid-1980s. In the last ten years, numbers in Wales haveremained stable, with some recovery. Nests failedmore often during the principal period of populationdecline, and this represents the most likelydemographic mechanism driving the observeddecreases in abundance. Linnets nest preferentially inshort, thick hedgerows or scrub. They generally havetwo breeding attempts between April and August.Exceptionally a third attempt will be made, lengtheningthe breeding season.

For cirl bunting (now extinct as a breeding species inWales, but closely related to yellowhammer) studiesshow that late nests not only produce more chicks, butchicks fledged from late broods are significantly morelikely to get recruited into the breeding population.


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A similar trend has been observed for yellowhammerand this is likely to be as result of higher availability ofsome food sources such as grasshopper, at this timeof year.

Linnet declines appear to have been partly due to lossof late season productivity - as illustrated by partialrecovery when oilseed crops replaced dwindling late-season food sources. A recent study has also shownthat predation appears to have a bigger impact onearlier nesting attempts partly due to less densehedgerow foliage leaving early nests more exposed topredation and changes in predator activity. This theoryis supported by CES results, which suggest thathedgerow quality is likely to be a contributory factor inthe low productivity of this species.

Consequently, in these two species, (and probably inother late breeders), loss of late season nests has asignificant and disproportionate effect on annualbreeding success. This implies that late nests have agreater impact on future population trends, than earlynests. Additionally, bullfinch and linnet both nest in theouter edges of the hedge, in the dense new growth,making them particularly vulnerable to hedge trimming.Recent information shows that later nests ofyellowhammer also follow this pattern.

Believes delaying trimming until the end of August is avery important and low cost conservation managementprescription which has the potential to contribute to thepopulation recovery of these farmland birds. The costof implementing equivalent measures though agri-environment schemes is likely to be significantlygreater and participation likely to be too low to have amajor conservation impact. Strongly opposes anychanges to the current hedge cutting dates.


Strongly supports hedge laying as a method of hedgemanagement, if managed through trimming on a 3 yearrotation, a well laid hedge will be thicker and havebetter structure for nesting and cover for wildlife. Doesnot support extending the hedge laying dates as thiswill conflict with the bird-breeding season. Anyenvironmental benefit gained from hedge laying wouldbe outweighed by the significant disturbance to nestingbirds and the likely loss of broods.


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Does not support the revised hedge laying dates as the30 April is well into the breeding season for manycommon and migrant hedgerow-nesting birds. Theactivity of hedge laying/coppicing is likely to be moredisturbing to nesting birds than hedge cutting - both interms of the amount of hedge material that has to beremoved to allow laying and the length of time neededto undertake the management. RSPB had previouslyexpressed concern that the 31 March date was alreadytoo late into the breeding season and argued for the 1March as the cut off date, on the grounds that thisavoided impact on nesting birds and was a clear cut offpoint, consistent with the hedge cutting date in GoodFarming Practice (and Cross Compliance). Accept the31 March date as a compromise, given the need toencourage hedge laying, however, RSPB would not beprepared to consider a date later than this.

Are concerned that by extending the hedge laying dateto the 30 April, the WAG will be encouraging farmers tobreak the law with regard the Wildlife & CountrysideAct 1981. We do not feel that this proposal iscompatible with WAG commitments to reversefarmland bird declines.

Many wild birds are nesting in April – from residentspecies such as dunnock, wren, robin, thrush andblackbird to migrant species such as whitethroat andwillow warbler (see Annex III). With climatic changes,many of these species are nesting earlier and earlierwith records starting for some species such asblackbird, robin and song thrush are nesting as earlyas second week of March. Song thrush is a species ofPrincipal Importance in Wales, and is amber listed inWales (red listed on a UK basis).

It is good practice to under take active management ofthe hedgerow whilst the plants are dormant and RSPBis concerned that laying into April could detrimentallyaffect the health of hedge itself, potentially resulting inthe loss of some hedge plants/trees.

Accept that an extended hedge-laying window may bemore convenient for farmers and we are sympathetic tothe need to encourage such traditional practices but donot believe that the level of impact on breeding wildbirds is acceptable. Believe the WAG should look touse the agri-environment system to provide anincentive on hedge laying rather than altering thedates.


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With regard to traditional hedge laying events, believesthat the Assembly should strongly encourage these totake place before April in order to demonstrate bestpractice (both in terms of cutting the hedgerow plantswhen they are dormant and in minimising disturbanceto nesting birds). However, given the importance ofsupporting the traditional practice, RSPB would beprepared to consider a very few derogations for suchevents later in the season, providing appropriatechecks had taken place to ensure that disturbance tonesting birds would be avoided.


No comment.


Considers they are not qualified to comment in detailon the proposals regarding the soil self assessmentarrangements, however are concerned by theimplication in the consultation document that as aresult of WAG concerns regarding the quality andquantity of forms submitted, that the requirement onfarmers to assess their soil management is beingreduced. RSPB does not feel that this is a goodprecedent.

Understand that a considerable number of farmers(around 20% of farmers registered for SPS) did notreturn their soil proformas and this is worrying both asa breach of cross compliance and as it implies thatthere are many farmers who either have significant soilmanagement issues or did not understand therequirement. Either way there is a considerable onuson the WAG and other enforcement bodies to increaseinspections and follow up on these non-compliantfarmers.

Believe that addressing the current lack of complianceand improving farmers understanding of theirenvironmental responsibilities should be the priority forthe WAG and industry representatives. We thereforefeel that should this new approach be adopted, thatcompliance inspections of the Soil Self Assessmentshould be increased. We propose that both theEnvironment Agency and Rural Inspectorate berequired to inspect the farmers Self Assessmentrecords when they are undertaking inspections.


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Additional advisory support should be made availableto farmers. This should include guidance on how toundertake soil practices that are beneficial for priorityspecies e.g. root crop management. Believe that anychanges in this regard should be monitored andreviewed to ensure that the WAG is tackling non-compliance and that soil management issues in Walesare addressed.

Questions Consultee: Association of Local GovernmentEcologists

Q.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Is not aware of the groundswell of opposition to thesedates. Late nesting Yellowhammer, Bullfinch andLinnet could be badly affected by a move to allowcutting to take place a month earlier. These speciesare listed in the WAG’s ‘List of Species and Habitats ofPrincipal Importance for the Conservation of BiologicalDiversity’ following the duty placed on the WAG undersection 74 of the Countryside and Rights of Way Act2000.


Believes a move to allow hedgerow laying throughoutApril would seriously impact many common species ofnesting birds at the start of the breeding season. It isagainst the law to disturb a nesting bird and it ispossible that a change of these dates will result in anincrease in those breaking the law or not acting withinthe spirit of the legislation. The WAG’s Natureconservation Branch will be aware of climate changeand earlier nesting of many birds, any hedge layingactivity will make it harder for these birds to nest andbreed successfully. Requests the rules remainunchanged.

Q. 2 to Q.6 No comment.

Questions Consultee: Montgomeryshire Wildlife TrustQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Does not believe August to be the optimal month (dueto concerns about compaction and soil damage) forhedgerow management. The Wildlife Trust managesover 5,430 hectares of land and regularly undertakessignificant works across a wide range of environmentsutilising large machinery often associated withhydrological management. Can confirm thatSeptember is the optimal month for such work andmuch of the work done on sensitive soils are timedspecifically to be undertaken in September. TheEnvironment Agency also operates on this principle.


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No comment.


Scientific literature shows clearly that Bullfinch, Linnetand Yellowhammer all nest late into August. Section74 of the Countryside & Rights of Way Act identifiesYellowhammer, Bullfinch and Linnet as species of‘Principal Importance in Wales’. The Welsh AssemblyGovernment has a duty to take steps, or to promoteothers to take steps, to further the conservation ofthese species. In addition Bullfinch and Yellowhammerare red listed species in Wales and Linnet is amberlisted. A delay in hedge trimming until September canonly benefit these threatened species.


Believes cutting in August will have an impact onYellowhammer, Bullfinch and Linnet, which breed untillate August. Late breeding individuals are known tocontribute a proportionally greater degree ofproductivity to bird populations. For other bird speciesthere is an increased trend towards multiple broods,which also increases the value of August as part of thenesting season.


Can see no significant need for the extension ofhedge-laying/coppicing dates. Although the WildlifeTrust do recognise the traditional management aspectto this proposal, any marginal benefits arising willclearly be outweighed by the inevitable impact onhedgerow nesting bird species.


Page 3 of the consultation states, “Based on the trendof birds to nest earlier in the year, it is not proposed tochange the [latest hedge cutting date of] 1 March.”The Trust cannot see a reason why hedge cuttingshould be prohibited whilst hedge laying is permitted.Both operations can be extremely disruptive to nestingbirds as a number of hedgerow nesting bird speciesstart nesting during March. The Trust would argue fora further restriction of hedge laying (31 August to 1March) to bring it into line with the permitted hedgecutting dates. Any extension of hedge laying dates intoApril will result in destruction of bird nests, including anumber of priority species. It would also be outside thespirit of the UK Biodiversity Action Plan, the Crow Act2000 and the WAG’s commitment to stabilise orreverse wild bird population decline by 2010.


20

Any extension to the cutting dates could also be seenas giving permission to break the Wildlife andCountryside Act 1981. Records show that over recentdecades, hedgerow birds are breeding earlier eachyear. This change will result in an increased number ofspecies adversely affected over time. Statistics showthat Thrushes (a UK Red listed species), Robins andWrens are starting their nesting in March.


Believes it would be inappropriate to weaken the soilmanagement assessment arrangements due to poorcompliance. Soil management was correctly identifiedas a key area of environmental concern during thedrafting of the Cross-compliance regulation and it isessential that the farming community be enabled toundertake appropriate self-assessment to an effectivestandard.


Believes the self-regulation arrangements shouldcontain adequate and appropriate advice. It maybepossible to undertake a degree of streamlining of theassessment process, however, this must be achievedwithout abdicating the need for effective action. Ifnecessary, additional financial support should be madeavailable through agri-environment support.

Questions Consultee: NFU CymruQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Due to the topography (80% LFA) and climate inWales, as well as the nature of machinery used inhedge maintenance, it is difficult for health and safetyreasons to get onto land for a significant part of periodbetween 1 September and 28 February. Due to thesignificant cost of purchasing hedge-trimmingequipment, most of the work is done by contractors,who seek to minimise costs by maximising the use oftheir equipment. If wet weather prevents access toland for a few days this has ramifications forcompletion of work within the deadlines. The shorterday length during the winter exacerbates the problem.The start date of 1 September does not accommodatefarm management practices, particularly in arableareas where there is a short window in August forhedge trimming following combining of winter Barley inJuly and sowing of oilseed rape in late August. Giventhe restrictions, farmers carrying out routine hedgemaintenance will damage newly planted crops. Oncethe weather begins to deteriorate it is unsafe to hedgetrim in hill and upland areas and in any case farmerswant to alleviate soil damage to fields.


21


Considers bringing the start date back to 31 July wouldhelp to address the problems being experienced byarable farmers. It would also allow more time for LFAfarmers to trim hedges before the weather deteriorates.This will alleviate concerns regarding damage to soil orwatercourses and health and safety considerations inrelation to sloping terrain. Would wish to see latitudeexercised by the Divisional Offices, given the weatherand seasonal effects on hedge trimming operators, indetermining the ‘closed’ period.


No comment


No comment.


Would like to see an extension of the current final datefor laying hedges, to allow laying and coppicing until 30April. The determining factor as to when to lay ahedge is whether the sap has begun to rise and thisvaries season to season. A hedge where sap hasbegun to rise will pleach better and thus will have morelife in it. A late winter or cold spell will suppress growthand thus discretion to lay and coppice later is needed.Extending the period by one month will have nobearing on the availability of food for birds sincehedges would not be trimmed prior to laying.


Agree.


Would welcome any reduction of administrative burdenon farming industry. The self-assessment record bookapproach would avoid the need to submit forms andamendments throughout the year to the Assembly.Would like to see the book issued by the Assembly toensure consistency in the format of informationrecorded.


N/A


22

Questions Consultee: R. Richards County President ofDenbighshire Farmers' Union of Wales


Yes, if fields need ploughing, unable to cut hedgesbefore working the fields.


Yes.


No.


N/A.


Yes, provides re-growth and thicker shelter.


Yes


No.


Does not see the need to change.


23

Questions Consultee: Caernarfon Branch of Farmers’ Unionof Wales

Q.1a to Q.1b Yes.


No.


No comment.

Q.3 to Q.4. Yes.


Believes it would depend on how much detail wouldhave to be included.


No comment.

Questions Consultee: Brightwells LtdQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

With regard to hedgerow cutting, believed an earlierstart date would be of benefit to Welsh farmers.


As above.

Q.2a to 2b. No comment.


Commented that additional time for hedgelaying/coppicing will be of benefit to agriculturaloperations. In Wales the date of hedge laying isdetermined by hedge growth/building. This variesdepending on spring weather conditions and altitude,so that in many upland areas, the weather conditionsare not suitable until later March/April.


24


Agreed that hedge laying should be allowed until theend of April.


Approved of the arrangements for 2006, as the self-assessment form had caused much concern. Havingsuch a record would be useful for land agents whenselling/letting land, as it could be examined or providedto new owners/tenants.


Many farmers are concerned about non-compliancedue to poaching, as the result of spring livestockfeeding. Can it be clarified whether it would beacceptable for such poaching to occur if it is a usualfarming activity and pasture repair is undertaken whenconditions are suitable? It should also be pointed outthat broken and poached pasture has environmentaladvantages, for example to insect and birdpopulations.

Questions Consultee: McCartneys Chartered Surveyors –Glyn R Owens


The cutting dates are limiting the time available forfarmers/landowners to carry out this operation. Onhealth and safety grounds alone the revised startingdate is preferable.


It would certainly help.


Not aware of any.


N/A


With so little agricultural labour available and so fewspecialist contractors this can only help to alleviate analready difficult situation.


25


Yes.


Yes.


N/A.

Questions Consultee: McCartneys LLP – C W JonesQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Consider the existing proposals will lead to manyhedgerows being cut at an inappropriate time. Manyhedges would have become overgrown andencroached on lanes and fields with the obviousproblems associated with this. The layering of hedgesand their management, which are important parts ofrural life, are difficult to carry out within the dates thatexist.


Believe this is a step in the right direction and would bewelcomed by farmers. As layering and coppicing ofhedges improves habitat for wildlife, any cross-compliance or environmental rules should encouragethe layering or coppicing of hedges as opposed tomechanical cutting. Therefore, an extension to thedeadlines will be a definite improvement.

Q.2a to Q.2b No comment.


Believe it will benefit wildlife, ground conditions andimprove management of hedges, fences and fieldboundaries. Believe the changes will not bedetrimental to the environment.


Agree.


26


Considers the process of completing the soilmanagement self-assessment forms not effective andmany farmers are reluctant to complete themaccurately. Any change, which allows a farmer to takecontrol of the management of his business, should beencouraged. The farmer is in the best position to havefull knowledge of his soil and soil type, as he is relyingon its productivity for his income. The proposal to keeprecords of soil management and details of anyflooding, poaching etc will be beneficial to farmers forfuture reference and in taking appropriate action.


The soil record documentation should be checkedregularly, whenever a visit by an official from TradingStandards, DEFRA or a FABBL/FAWL inspectionoccurs. Farmers should be encouraged to keepaccurate records of problems relating to fields; such asat cultivation of harvest time, relating to field conditionsand record made of any action taken.

Questions Consultee: Morris Marshall & Poole CharteredSurveyors, Auctioneers, Estate Agents & Valuers


No comment.


Consider that any extension to the periods will bewelcomed by the farming community, as much of thework is done by contractors who find it difficult toundertake their usual commitments in the short periodcurrently allowed.

Q.2 to Q.6. No comment.


27

Questions Consultee: Powys Land Internal Drainage BoardQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

The majority of its drain maintenance is carried out inAugust/September. Farmers are required to flail theditch banks and hedges adjacent to the watercoursesusually in July and August, so as to allow the Digger toenter in August and September every 3-4 years. Thenew restrictions have created chaos with a backlog offlailing occurring at the end of August. Farmers do notwish to flail the ditch one month and have to flail thehedge another month. As a result of the limited periodfor flailing watercourse hedges, watercoursemaintenance will be at a lower standard this year.Therefore, drains will not be working to their fullpotential during the winter, which will result in flooding.


The Internal Drainage Board supports the moving ofthe date for commencing hedge flailing to 1 August,although it would like to see the rules for the flailing ofwatercourse and adjacent hedges to commence from 1July provided it is only flailed after every third year,which will allow for less wildlife disturbance.

Q.2a-6 No comment.

Questions Consultee: Hedge Trimming Contractor - JCRQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

There is no scientific evidence to support a later startdate and an earlier finish date for hedge trimming inWales. Hedge trimming contractors are under extremepressure from arable farmers to commence hedgetrimming so that they can prepare and sow their wintercrops before September 1st. It is difficult to managelabour and have a long enough period to cover all thedemands of customers. Would like the regulationreconsidered.

Q.1b – Q6 No comment.

Questions Consultee: AnonymousQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

During August, as seen this year, hedges grow too farout into narrow rural roads, endangering drivers andwalkers.


The proposed change would be a great help to theindustry and public safety.


28

Q.2a to 2b. No comment.


Yes.


Agreed the dates should be changed.


Considers this a difficult question to answer as itdepends on how detailed the questionnaire will be.Therefore, it is impossible to comment on informationthat is not available.


No comment.

Questions Consultee: National Trust WalesQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Not to their knowledge. It should not be presumed thathedges are cut each year.


Changes would allow an extra month and provide alonger season for hedge cutting /contractors.


Untrimmed hedge growth can provide nectar and fruitsin August.


Up to one month less nectar and fruit on trimmedhedges in August


29


Extra time would extend the quantity of possiblelaying/coppicing which could increase the amount ofhedge restoration overall.


No. Bird nesting will be disturbed during April.


Yes, this could be a useful arrangement, particularly forsubsidiary holdings where soil management may havespecific requirements within cross compliance. Agreewith the 2006 proposal, as long as adequate guidanceand recording information is provided.


No comment

Questions Consultee: FUWQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Caused considerable problems, as hedges arenormally trimmed before the establishment of Autumncrops, any delay could result in damage t soil structuredue to unpredictable autumn weather

However would also like the consideration to be givento changing the 1 March date, as this prevents the“siding” of hedges taking place when ground conditionsare at their most favourable.


Yes

Q.2a- Q.2b No comment


The change will result in both agricultural andenvironmental benefits given the optimum time forpleaching species such as whitethorn and holly.


Yes


30


Until further information has been made available, asto the details the farmers will be required to keep, andhow Inspectors will interpret this information, theycannot support the proposal. Would be happy todiscuss further with a view to keeping the burden ofpaper work to a minimum.

Q.6 No comment

Questions Consultee: CLAQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

As most hedge cutting is carried out by contractors,greater flexibility will allow for the varying ground andweather conditions, spread of workload, andrequirements for cropping a replanting to beconsidered. Drainage companies also require anearlier date to allow for effective preparation for“mudding out”.

Most birds using hedgerows have finished nesting bythe end of July and allowing a longer window may wellreduce soil damage in a wet autumn.

The change will bring Wales and Englandrequirements into line, making life simpler for the crossborder farmer.

For Arable cropping, in certain situations for examplerape following wheat, the current rules do not allow thehedges to be cut before the field is drilled.

For grassland areas, with may being steep or wet, forpractical reasons hedges need to be cut while theground is dry. Accidents will happen on wet steepground, and the situation is made worse by contractorsbeing under pressure. On these grounds alone achange is not just desirable but essential;

At the very lease they would like a derogation forarable crops and drainage work.


Yes, although in case of drainage 1 July would bepreferable.


Yes, if the maintenance of an effective and viablefarming/rural community and the stewardship skills itprovides are valued as being as much a part of theenvironment as wildlife.


31


If the change allows contractors to complete the jobunrushed and at one go, disturbance to wildlife will beminimised.


Yes, by enabling greater flexibility in the managementand long term maintenance of hedges by allowing forseasonal variation and weather conditions, reflectinglocal experience and tradition, their future asenvironmental feature is secured.


Yes, strong support for this proposal, as hedgerestoration is essential for the long term viability ofwelsh hedgerows and the work is very dependent onthe weather and availability of skilled labour. Thisgreatly outweighs the small risk t nesting birds,

This would also bring us into line with requirements inEngland.


Yes, as long as the purpose is made clear and simple.


Clear guidance of what is required

Questions Consultee: RICSQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Consider that the date is too restrictive, problems couldoccur is October is very wet.


Yes


The protection of nesting birds is a significantenvironmental issue.


32


In most circumstances they consider that that thechange will have a negligible effect.


Yes, the greater flexibility will allow contractors alonger period of time to complete their work


Yes, on the basis that agricultural and environmentalbenefits are given due consideration.


Yes if it reduces the administrative burden on farmers,if not to remain as it currently is.

Q.6 No comment

Questions Consultee: Glyn RobertsQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

It is required to be able to finish before the wet weathermakes things difficult and dangerous.


Yes


No


No affect.


33


Yes


Yes


Yes, but must recognise that the change does notneed self-assessment arrangements on some patternsof farming.


No comment

Questions Consultee: Peter Francis NFU CarmarthenQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Yes


Yes for wet farms and reseeding purposes. Will havelittle effect on wild life.


On a wet farm the rutting caused by cutting hedgeswould be a environmental issue.


Work could be carried out in good weather conditions.


As 1b above


34


Yes


Yes, but the completion date to corresponding to theSingle Application Form Period, so that farm recordscould be updated.


No comment

Questions Consultee: Miss A D JonesQ.1a – Q2a No comment


The proposed change will disturb and threatenbreeding birds. The proposal appears to be in conflictwith the Wildlife and Countryside Act 1981.


No comment


No, as per Q2.b

Q.5 – Q.6 No comment

Questions Consultee: S W and L B WeaverQ.1a –Q1.b No comment


Yes


The alteration would have a serious effect on thepopulation of small nesting birds in Wales. It may alsobreach the Wildlife and Countryside Act 1981.


35


No comment


No as per Q2b above

Q.5 - Q. 6 No comment

Questions Consultee: H RobertsQ.1a – Q1.b No comment


Yes


Chicks were hatching in the North Wales Area in lateAugust; the proposal will not help the decline in theWild bird population.


Questions Consultee: Bob DennisonQ.1a - Q2.a No comment


Will have a serious impact on the breeding success ofspecies such as Yellowhammer, Bullfinch and Linnet.Considers the change to be in contradiction of theWildlife and Countryside Act 1981 and the Assembly’scommitment to reversing/stabilising the decline in thebird population.


No comment


No, after March birds are nesting and have their firstclutches.


36


Questions Consultee: Paul SeligmanQ.1a – Q1.b No comment


Yes, opposes the change as it is not needed and itconflicts with the aims to protect and increase thepopulation of breeding birds, such as yellow hammerswho depend on the hedgerow habitat.

Considers that roadside hedges should only be cut bythe local authority, where there are road safetyconcerns.


As above.


Questions Consultee: Angela CallananQ.1a – Q. 1b No comment


Yes, change appears to be in conflict with the Wildlifeand Countryside Act 1981. May species particularlythe yellowhammer, bullfinch and linnet all have activenests in August and these three species are in seriousdecline. This undermines the commitment by theAssembly to halting biodiversity loss by 2010.


As above


No comment


No, as per Q2.a



37

Questions Consultee: Kath StevensQ.1a to Q1.b No commentQ.2a Are environmentalbenefits derived from thecurrent restrictions? If so,provide details and answerquestion 2b.

Yes, Is appalled that the Assembly would consideramending the dates to a time when birds are nesting.


As above.

Q.3 to Q.6 No comment

Questions Consultee: Peter Black AMQ.1a – Q. 1b No comment


Has been informed by a constituent, that the proposedchange would affect the success of the breedingseason of wild birds in decline. The yellowhammer,bullfinch and linnet start breeding late and continueuntil August.


As above


No comment


The songthrush, blackbird and robin have their firstclutches in April and would be affected by the change.

Q.5 – Q. 6 No comment


38

Questions Consultee: Janet Davies AMQ.1a – Q.1b No comment


There will be an adverse affect to the breeding seasonof wild birds if the change goes ahead, as many birdsare still using the nest in August. The proposedchange contravenes the Assembly commitment toreversing wild bird numbers by 2010 and the Wildlifeand Countryside Act 1981.


As above


No comment


No, as by the end of April most common hedgerownesters and several migrant birds will have startednesting.

Q.5 -Q. 6 No comment

Questions Consultee: Mick Bates AMQ.1a – Q.1b No commentQ.2a Are environmentalbenefits derived from thecurrent restrictions? If so,provide details and answerquestion 2b.

Has written on behalf of constituents who areconcerned that the change may be detrimental towildlife, as birds such as yellowhammer, bullfinch andlinnet will also have a second brood in August. Hasrequested assurances for his constituents that anychanges will ensure what is best for birds in Wales.


As above.



39

Questions Consultee: Lord Dafydd Ellis Thomas AMQ.1a to Q.1b No comment


Whilst the importance of hedge cutting and laying arerecognised he has written on behalf of a constituentwho is concerned about the decline in theyellowhammer, and that it and the bullfinch and linnetwould be vulnerable if the change went ahead.


As above


No comment


As per Q.2a above

Q.5 to Q. 6 No comment

Questions Consultee: Denise Idris Jones AMQ.1a –Q1.b No comment.


Written on behalf on two constituents, who areconcerned about the impact on the yellowhammer,linnet and bullfinch, as well as the songthrush, robinand blackbird, during the breeding season. It alsocontravenes the aim of the Assembly toreversing/stabilising the decline in bird population by2010, and the Wildlife and Countryside Act 1981.


As above


No comment


40


As above


Questions Consultee: David Davies AMQ.1a – Q.1b No comment


Has been contacted by several constituents regardingthe impact of the changes to the breeding success ofthe Yellowhammer, bullfinch and linnet who haveactive nests in August. It contravenes the aim of theAssembly to reversing/stabilising the decline in birdpopulation by 2010.


As above


No comment


As above and in addition, by the end of April mostcommon birds will have their first clutches.


Questions Consultee: Jeff Cuthbert AMQ.1a – Q.1b No comment


Written on behalf of several constituents, who considerthat the current timings allow for birds such asblackbirds, robins, dunnock, wren and song thrush whonest in April, and yellowhammer, bullfinch and linnetwho still actively nest on August to complete theirbreeding activities.


41


Would have a serious impact on nesting birds, andwould appear to contravene the Wildlife andCountryside Act 1981 and the Assembly commitmentto stabilise wild bird population by 2010.


No comments


No, as above

Q.5 –Q.6 No comment

Questions Consultee: Edwina Hart AMQ.1a – Q1.b No comment


Written on behalf of several constituents who wereconcerned about the impact of the change on wildlifeespecially birds.


As above.


No comment.


As above

Q.5-Q.6 No comment


42

Questions Consultee: Environment Agency WalesQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Do not believe that current hedge cutting dates causesignificant problems to farming operations. As 77% ofagricultural land in Wales is less favoured claimantsunder Tir Mynydd have to abide by Good FarmingPractice.They were not aware of difficulties cutting hedges afterthe end of August due to unsuitable soil conditions, soilerosion, soil damage or of increased operator risks.Equipment for cutting hedges is considerably lighterthan the equipment used for cultivating land.


As above


Believe that current arrangements provide valuableshelter for stock, nesting cover for birds, a variety ofhabitats and food for wildlife and play an important partin sustaining biodiversity. Would like farmers to bemade aware of good practice guidelines for hedgerowmanagement. Excessive trimming is recognised as amajor cause of food shortage for birds over the autumnand winter and can bring wider bio-diversity threats.Conservation bodies are recommending that hedgesare only trimmed every 3-5 years.


As above



They strongly support this issue but firmly believe that,farmers should be provided with comprehensiveguidance. They should be updated on at least anannual basis, and remedial measures should beeffective and well documented. The EnvironmentAgency should also be given access of the record bookon request, which they consider will help with thepreparation and implementation of the WaterFramework Directive. Clear and widely publicisedpenalties if the record book is not fully maintained.Would like the 1April date to be considered as the mostappropriate date for completion of the record book.


As above


43

Questions Consultee: Prydderch ReesQ.1a Are the hedgerowcutting dates for 2005causing any problems tofarming operations? If so,provide details and answerquestion 1b.

Yes, farmers are unable to trim hedges around arablefields before cultivation.


One month earlier trimming would alleviate theproblem.


No



Yes, the additional time will provide agriculturalbenefits for the laying of older thorn hedges and hollysusceptible to frost damage.


Yes


Yes


Let the farmer decide his own soil management.


44

Questions Consultee: Mrs R A JonesQ.1a – Q.1.b No comment


Many bird species will be affected because of theirbreeding and nesting time, and a great many of theseare in decline. The proposal appears to conflict withthe Wildlife and Countryside Act 1981 and theAssembly commitment to stabilise declines in the birdpopulation.


As above


No comment


As above


Questions Consultee: Christine Gwyther AMQ.1a –Q.1b No comment


Written on behalf of her constituents, who areconcerned that the extension to the period will have adetrimental effect on the native bird population, whichhave suffered alarming decline due to previouspractices.


As above


No comment


45


As above


Questions Consultee: Sue Essex AMQ.1a –Q.1b No comment


Written on behalf of her constituents, who areconcerned of the impact this may have on birdlife in thehedgerows.


As above


No comment


As above


Questions Consultee: Nicholas Bourne AMQ.1a –Q.1b No comment


Written on behalf of a constituent, who is concernedabout the effect the change will have on the habitat ofthe bird population. Endangered species such asbullfinch, yellowhammer and linnet will have theirnesting and breeding cycle disrupted, which willaccelerate their decline.


As above


46


No comment


As above


Questions Consultee: Mrs M R C YoungQ.1a –Q.1b No comment


Concerned about the effect of the changes on theyellowhammer, bullfinch and linnet. Existingrestrictions already obliterate enormous quantities ofhedgerow fruit and invertebrate species and habitats.


As above


No comment


No – the proposed changes would extend into theflowering and nesting season. Does not consider thatthere is a justification for the change.


Questions Consultee: Brecknock Wildlife TrustQ.1a –Q.1b No comment


Believes that there is no justification for the change.Concerned about the effect on nesting birds. Thefarming community must accept that the environmentalstandards that form the basis of Cross Compliancehave been established for a purpose and cannot be setaside just for management convenience. As part of


47

cross compliance farmers should be asked to trim twosides of a hedge in alternate years, to allow for morefruit production from trees such as hawthorn,blackthorn and hazel.


As above


No comment


No - They agree that farmers should be givenencouragement to continue with this traditionalpractice, however when there is much evidence thatwith climate change, the onset of spring is becomingprogressively earlier they so not consider the changejustified.


Questions Consultee: Dr John Marek AMQ.1a –Q.1b No comment


Was concerned after hearing form a constituent aboutthe proposed change and considers that April is toolate for cutting hedges and the start of August may wellbe too early and could catch the second brood ofchicks.


As above


No comment


As above



48

Questions Consultee: Philip J N EllisQ.1a –Q.1b No comment


Supporting the RSPB in opposing the change, as manyspecies are becoming rare in Wales and a furtherdecline would be hastened by the proposed changes


As above


No comment


As above


49

Annex IAlphabetical List of Organisations and Individuals that replied to theConsultation

AnonymousAssociation of Local Government EcologistsMick Bates AMPeter Black AMBrecknock Wildlife trustBrightwells Ltd (Land Agent/Auctioneer)Nicholas Bourne AMCaernarfon Branch of Farmers’ Union of WalesAngela CallananCLACountryside Council for WalesJeff Cuthbert AMDavid Davies AMJanet Davies AMDenbighshire F. U. Wales – R.RichardsB DennisonPhilip J N EllisEnvironment Agency WalesSue Essex AMFUWChristine Gwyther AMEdwina Hart AMJCR (trimming contractor)A D JonesDenise Idris Jones AMR A JonesDr J Marek AMMcCartneys Chartered Surveyors – Glyn R Owens FRICSMcCartneys LLP – C W Jones MRICS FAAVMontgomeryshire Wildlife TrustMorris Marshall & Poole (Chartered Surveyors, Auctioneers, Estate Agents &Valuers)National Trust WalesNFU CymruNFU Cymru – Peter Francis CarmarthenPowys Land Internal Drainage BoardPrydderch ReesGlyn RobertsH RobertsThe Royal Institution of Chartered Surveyors Wales (RICS)RSPBPaul SeligmanKath StevensLord Dafydd Ellis Thomas AMS W WeaverM R C Young

50

Annex II

The following summary data have been extracted from a draft BTO report (Joys &Crick 2004 Breeding periods for selected bird species in England. BTO ResearchReport no. 352). Analyses are based on data from the BTO’s National Nest RecordCard Scheme. In the current absence of analysed trends from Wales, most of thespecies summaries are based on data from the three English Government OfficeRegions that are closest to Wales (namely North West, West Midlands and SouthWest), although the data for both Bullfinch and Linnet represents the average of theEnglish situation.

First egg-laying dates showing minimum, maximum and mid-point:Wren 16 April 30 July 7 MayDunnock 3 April 21 July 28 AprilRobin 20 March 11 July 16 AprilBlackbird 21 March 19 July 19 AprilSong Thrush 20 March 27 July 19 AprilBlackcap 24 April 10 July 11 MayChiffchaff 18 April 27 July 4 MayWillow Warbler 2 May 3 July 14 MayChaffinch 16 April 30 June 5 MayGreenfinch 8 April 18 August 14 MayLinnet 20 April 10 August 13 MayBullfinch 29 April 15 August 17 MayYellowhammer 26 April 21 August 25 May

Fledging dates showing minimum, maximum and mid-point:Wren 24 May 9 September 14 JuneDunnock 2 May 25 August 27 MayRobin 21 April 11 August 22 MayBlackbird 18 April 29 August 24 MaySong Thrush 18 April 29 August 21 MayBlackcap 23 May 5 August 8 JuneChiffchaff 20 May 28 August 8 JuneWillow Warbler 3 June 5 August 16 JuneChaffinch 13 May 21 August 5 JuneGreenfinch 9 May 16 September 21 JuneLinnet 17 May 13 September 14 JuneBullfinch 1 June 15 September 2 JulyYellowhammer 20 May 12 September 25 June

Note that the min, max, and mid point are the 5%, 100% and 50% percentilesrespectively.

51

Annex III

52

Annex IVOrganic Intensive

10 0 020 0 030 1 1.140 11.9 4.550 14.4 13.660 11.9 15.570 11.4 13.680 11.4 15.590 12.4 11.3

100 14.9 11.7110 5 8.7120 3.5 3.4130 2 1.1

Figure 3. First egg date distribution of yellowhammers nesting on organic and intensively-managed farms. Note the tendency for earlier clutch initiation on organic farms in early May (day 30-40).Clutch is complete 4-5 days after first egg date, eggs take 13 days to hatch and young in nest for further 12 -13 day

Extracted fromBradbury, R.B., Kyrkos, A., Morris, A.J., Clark, S.C., Perkins, A.P. & Wilson, J.D. 2000.

0

2

4

6

8

10

12

14

16

18

10 20 30 40 50 60 70 80 90 100

110

120

130

Date: 1 = 1st AprilN

umbe

r of c

lutc

hes

initi

ated

Organic

Intensive

epc(2) 12-05(p5) annex c draft regulatory ...14. the proposed regulations were notified to the...

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