Freedom of Information Request - Stobo Hope
Date: 03 December 2024
Our ref: SIR177789/A4844271
Information Request – Stobo Hope
Your Request
I would like to make a FOI request in relation to the Stobo woodland creation scheme (23FGS74574).
- Have NatureScot been made aware by Scottish Forestry that a large area of heather moorland at Stobo was blanket sprayed with herbicide in August 2023, five months before a contract was awarded to create a Sitka spruce plantation? If NatureScot were not made aware by Scottish Forestry, were they made aware of this incident at all, and if so, who or what body made NatureScot aware of this? For example, did RPID make NatureScot aware of this, or did NatureScot become aware through media reports? On what date was NatureScot first aware of this herbicide application?
- A large area of heather moorland and grassland was destroyed by the herbicide application, which would not normally be permitted under RPID regulations. As this area is a known habitat for rare species, such as the black grouse, animals and birds would have been killed by this herbicide application as well as all the vegetation. For example, hares tend to hide and when covered in herbicide, they die after licking their fur coats. Young black grouse might also die as they stay in their family covey until September and may try to hide in the heather. In any case, large areas of nesting habitats, shelter and food sources would have been destroyed by herbicide application, increasing black grouse mortality.
- Although black grouse are red-listed rather than a protected species, as black grouse, particularly chicks may have been killed (as these may stay in the heather rather than fly away) - and other wildlife - from reckless use of herbicide application, could this constitute a wildlife crime?
- Please could Nature Scot provide all correspondence between itself and the following organisations in relation to Stobo (if any) since 23 May 2024:
- Scottish Forestry
- Scottish Government
- Scottish Ministers
- MSPs
- The Trustees of the Forestry Carbon Sequestration Fund - Apex Fund Administration (Guernsey) Ltd
- The Forestry Carbon Sequestration Fund
- True North Real Asset Partners Ltd
- Pryor and Rickett Silviculture Ltd
- Blackmead Forestry Ltd
- Foresight Sustainable Forestry or any other entity related to the Foresight group
- Please could NatureScot provide any other correspondence from any other organisations (if any) in relation to Stobo since 23 May 2024.
Our Response
Following a search of the information we hold our response is set out below.
Question 1
Neither Scottish Forestry nor Rural Payments & Inspections Division (RPID) contacted NatureScot regarding the spraying of land at Stobo Hope. We became aware of the spraying when a media announcement was made that Scottish Forestry was to suspend operations at Stobo pending a review (September 2024).
Question 2 & 3
Whether any offence has been committed is a matter for Police Scotland. Further information about wildlife crime is available from our website.
Question 4 & 5
We have not had any correspondence about Stobo Hope from or with Scottish Forestry, any of the organisations listed, or any other organisation since 23 May 2024. This means that EIRs Regulation 10(4)(a) (Information not held) applies to this part of your request.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot
