Planning Scotland’s Seas – an update

• Published March 2015 • Policies for sustainable development • For all Scottish waters • Full range of activities • Binding on public authorities taking decisions which affect the sea • Sets the framework for future regional planning

Supporting material and guidance • Scotland’s Marine Atlas (e-book) • National Marine Plan Interactive (NMPi) – GIS portal for marine data • National Marine Plan Online (NMPo) – web based library of linked information • Summary document of objectives and policies • Topic sheet • Planning circular on the relationship between terrestrial and marine planning systems (and link to licensing)

Progress and Next steps • Next marine planning milestone will include the development of 11 Regional Marine Plans by Marine Planning Partnerships. • Clyde and Shetland Marine Planning Partnerships have been established and plan development is underway. • Shetland MPP have received their Ministerial direction to formally develop their regional marine plan and Clyde should receive theirs in due course

Marine Protected Areas Network

What is the MPA network?

In addition to maintaining healthy ecosystems and protecting valuable biodiversity and geodiversity species and habitats, MPA network provides benefits to ecosystem services that we rely on

Biodiversity features of the MPA network contribute to the health of a range of ecosystem services……which in turn help us too.

Tangible ways they help • Carbon Capture – maerl and seagrass • Greater fish productivity for human and nonhuman consumption – maerl for juvenile scallop and sandeel for many mobile species • Improving water clarity/quality – horse mussel • Stabilising coastal sediment - seagrass • Natural hazard protection from storms - reefs • Research and education – D&R MPAs

Marine (Scotland) Act 2010 & Marine and Coastal Access Act 2009

• Duty to have an MPA network • Power to designate Nature Conservation, Demonstration and Research, and Historic MPAs • Duties and powers to protect any MPAs • Power to take account of socio-economics • Principle of Best Available Evidence

EU Directives Wild Birds Directive Classify most suitable territories as SPAs for: rare or vulnerable bird species; and regularly occurring migratory bird species.

Habitats Directive Article 4 of the EU Habitats Directive sets out the provisions for the selection of Special Areas of Conservation (SACs) for Annex I habitats and Annex II species.

Marine Strategy Framework Directive The whole MPA network is a contribution towards delivery of Good Environmental Status

MPA NETWORK NOW CONSISTS OF • 30 nature conservation MPAs protecting habitats and species such as maerl beds, coral gardens, and common skate. • 1 Demonstration and Research MPA for Fair Isle and 8 Historic MPAs, both designated on 23 October 2016 • 48 Special Areas of Conservation (SACs) under the EU Habitats Directive to protect species and habitats such as bottle-nose dolphin, coral reefs and seals. On 22 September 2016 the Inner Hebrides and the Minches SAC was designated for harbour porpoise. • 45 Special Protection Areas (SPAs) for colonies of seabirds such as puffins and kittiwakes. • 61 Sites of Specific Scientific Interest (SSSI) for the further protection of species from seabirds and seals to habitats from sea caves and rocky shores.

Nature Conservation MPAs

Demonstration and Research MPAs

Historic MPAs

Other protected areas (SACs, SPAs, SSSIs, Ramsar)

Management Principles Licensed Activities • Management on principle of sustainable use within the legal framework • Managing risk to features on an activity basis while ensuring Conservation Objectives are met • All regulators have these duties

The Inner Hebrides and Minches SAC will contribute towards maintaining the favourable conservation status of harbour porpoise in Scottish waters.

New MPA proposals • In 2012 SNH identified further survey and research was needed to provide formal advice on four remaining MPA search locations. • Now research is complete and SNH advice is that the four MPA proposals be designated for the proposed protected features.

New SPA designations • The suite of SPAs on land in Scotland is well established, but further work was needed to complete a network at sea. • The UK government committed to identifying a network of SPAs in the marine environment and is currently in process of consulting on the most suitable territories.

OIL AND GAS MANAGEMENT ADVICE

BEIS (formerly DECC) as regulator would have to have regard for SNH and JNCC advice when granting licences. Most likely to be JNCC advice as oil and gas activity in or around MPAs all in offshore waters. JNCC will consider the nature, scale, timing and duration of activities in providing its advice. If JNCC identify a potentially significant effect, mitigation measures may be advised. The potential impacts of oil and gas activity and/or developments on the protected features within a designation will be assessed through the existing EIA process on a case-by-case basis. Early dialogue with BEIS and JNCC would help identify and resolve any issues at an early stage.

Harbour porpoise SAC management •

Harbour porpoise are already protected in all Scottish waters under the European Protected Species (EPS) legislation.

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The scale of the site means it should only be slightly more restrictive than the existing EPS requirements.

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Work to develop a wider species conservation strategy and site based management will now begin.

O&G management options for SPAs for current SPA consultation •

No change from existing management: Under existing management it is likely that a HRA would be triggered for any new proposals to ensure that they do not significantly impact the protected features of the site. However, there is still a risk to the features from hydrocarbon pollution arising from an unforeseen incident or accident.

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Reduce / limit pressures: Under existing management it is likely that a HRA would be triggered for any new proposals to ensure they do not significantly impact the protected features of the site. However, there is still a risk to the features from hydrocarbon pollution arising from an unforeseen incident or accident.

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Remove / avoid pressures: A presumption against future oil or gas developments in or near the pSPA is a planning measure that could be considered to reduce the risk to the features from hydrocarbon pollution arising from an unforeseen incident or accident.

SPA consultations

• Current consultation on second round of SPAs includes two offshore sites with advice relating to oil and gas: – Seas off Foula – Seas off St Kilda

• Consultation is for you to provide views on the case for classification as well preferred management option • Respond by 17th January to http://www.snh.gov.uk/protecting-scotlandsnature/protected-areas/proposed-marine-spas/

Next steps • Analyse consultation responses for: – Marine SPAs for seabirds

• Develop Harbour porpoise conservation strategy • Consider case for designation of 4 additional nc MPAs • Undertake Phase 2 fisheries management for existing inshore MPAs and SACs, and implement offshore fisheries management via CFP

Thank you Contact: Sebastian Howell 0131 244 5301 [email protected]