scotland`s national marine plan

MARINE SCOTLAND

SCOTLAND’S NATIONAL MARINE PLAN

MARCH 2015

THE CONSERVATION (NATURAL HABITATS, &C.) REGULATIONS

1994, as amended

HABITATS REGULATIONS APPRAISAL RECORD

MARCH 2015

Table of Contents

1.0

Introduction ....................................................................................................... 1

2.0

The National Marine Plan ................................................................................. 1

Legislative Requirement ......................................................................................... 1

Context and Scope of the Plan ............................................................................... 2

Contents of the Plan ............................................................................................... 3

3.0

Habitats Regulations Appraisal (HRA).............................................................. 5

Background to the HRA .......................................................................................... 5

Scope of the HRA ................................................................................................... 5

Methods Used in the HRA ...................................................................................... 5

Results of the HRA ................................................................................................. 6

Consultation with Statutory Nature Conservation Bodies ....................................... 6

4.0

European Sites ................................................................................................. 8

Introduction ............................................................................................................. 8

Special Areas of Conservation ............................................................................... 8

Special Protection Areas ........................................................................................ 8

On-going work on marine SPAs and SACs .......................................................... 11

Atlantic salmon ..................................................................................................... 15

Lamprey (River and Sea) ...................................................................................... 15

Conservation Objectives and Status ..................................................................... 17

5.0

Appraisal Results ........................................................................................... 18

Screening ............................................................................................................. 18

General Policies.................................................................................................... 18

Sectoral marine planning policies ......................................................................... 19

6.0

In-combination assessment ............................................................................ 23

National Marine Plan on its own ........................................................................... 23

National Marine Plan in combination with other plans/proposals .......................... 23

7.0

Conclusion ...................................................................................................... 25

Next Steps ............................................................................................................ 25

8.0

Glossary ......................................................................................................... 26

9.0

References ..................................................................................................... 26

Appendix A. European Sites with marine components in Scottish Waters .............. 27

Appendix B. National Marine Plan General Policies ................................................ 38

Appendix C. National Marine Plan Sectoral Policies ............................................... 42

Scotland’s National Marine Plan: Habitats Regulations Appraisal

1.0 Introduction

1.1

Scotland’s vision for the marine environment is for ‘clean, healthy, safe, productive, and biologically diverse seas, managed to meet the long-term needs of nature and people’ 1 . Marine Scotland has prepared a National

Marine Plan for Scotland, as part of realising this vision.

1.2 The Conservation (Natural Habitats, & c.) Regulations 1994 (as amended) require that, where a plan is likely to have a significant effect on a European site and/or a European offshore marine site (either alone or in combination with other plans or projects), the plan-making authority shall make an

"appropriate assessment" of the implications for the site in view of that site’s conservation objectives, prior to the plan’s adoption. The process for determining whether an appropriate assessment is required, together with the appropriate assessment itself - where necessary - is known as 'Habitats

Regulations Appraisal' 2 .

1.3 Marine Scotland considered that the National Marine Plan should be subject to Habitats Regulations Appraisal (HRA). This report records the results of that appraisal.

1.4 The structure of the report is as follows:

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Following this introduction (Section 1), Section 2 provides information about the National Marine Plan.

Section 3 sets out information about the HRA.

Section 4 describes the European and offshore marine sites.

The results of the HRA are set out in Section 5; the in-combination assessment is discussed in Section 6.

1.5 Conclusions are provided in Section 7. Sections 8 and 9 provide the glossary and references respectively.

2.0 The National Marine Plan

Legislative Requirement

2.1 Marine planning matters in Scotland’s territorial waters (0-12 nautical miles) are governed by the Marine (Scotland) Act 2010, an Act of the Scottish

Parliament, and in its offshore waters (12-200 nautical miles) by the Marine and Coastal Access Act 2009, an Act of the UK Parliament. Under the Marine

(Scotland) Act 2010, Scottish Ministers must prepare and adopt a National

Marine Plan covering Scottish territorial waters. The Marine and Coastal

Access Act 2009 requires Scottish Ministers to seek to ensure that a marine plan(s) is in place in the offshore region when a Marine Policy Statement is in effect.

1 Marine Scotland. March 2015. Scotland’s National Marine Plan. P. 11. http://www.scotland.gov.uk/Topics/marine/seamanagement/national Chapter 3: Vision, Objectives and

Approach to Policies.

2 Habitats Regulations Appraisal http://www.scotland.gov.uk/Topics/archive/National-Planning-

Policy/themes/enviro-assessment/a-a (accessed 19/03/15)

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2.2 The Scottish and UK Governments have agreed that a marine plan for

Scottish territorial waters and a marine plan covering Scottish offshore waters is to be published in one document and collectively referred to as the

‘National Marine Plan’. However, it is recognised that the ‘National Marine

Plan’ comprises two plans prepared under two separate pieces of legislation.

2.3 The National Marine Plan for Scotland was prepared in accordance with these legislative requirements, covering both Scottish territorial and offshore waters

(Figure 1). Unless otherwise stated, policies within the National Marine Plan apply to both territorial and offshore waters.

Figure 1. The National Marine Plan Area

Context and Scope of the Plan

2.4 The Marine and Coastal Access Act 2009 and the Marine (Scotland) Act 2010 together set a framework for a tiered system of marine planning (Figure 2).

The Marine Policy Statement comprises the first tier. The Marine Policy

Statement, which applies to the whole of the UK, sets out policies in the UK marine area to contribute to the achievement of sustainable development. It

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Scotland’s National Marine Plan: Habitats Regulations Appraisal provides the framework both for preparing marine plans and for taking decisions affecting the marine environment. It therefore provides the highlevel policy context within which marine plans are to be developed, implemented, monitored, and amended, and will ensure consistency in marine planning across the UK marine area. It also sets the direction for marine licensing and other relevant authorisation systems 3 . Marine plans must conform with the Marine Policy Statement, unless relevant considerations indicate otherwise 4 . The Marine Policy Statement does not attempt to provide spatially specific guidance, set limits on activities (or areas) or provide a hierarchy of which activities have priority over others.

2.5 The National Marine Plan comprises the next level of the marine planning hierarchy. Together with the Marine Policy Statement, it sets the framework for marine planning and decision-making, as well as working with other planning regimes to deliver national and international objectives for the coastal and marine environments. It also sets the policy framework for the future development of regional marine plans in Scottish territorial waters..

2.6 Marine planning will be implemented at a local level within Scottish Marine

Regions, extending out to 12 nautical miles. Within these regions, regional marine plans will be developed by Marine Planning Partnerships, and will be subject to adoption by Scottish Ministers. Unless relevant considerations indicate otherwise, they are required to be in accordance with the National

Marine Plan and the Marine Policy Statement to ensure that they are consistent with national objectives and priorities.

2.7 In setting the framework for marine planning and decision-making, the

National Marine Plan provides direction to a wide range of marine decisions and consents made by public bodies, including Marine Scotland, Local

Authorities and The Crown Estate. These include, amongst others, marine licensing, fishing licences, and planning and other consents for aquaculture development.

Contents of the Plan

2.8 The National Marine Plan contains the following:



Scotland’s vision for the marine environment;



 strategic objectives underpinning the vision, which comprise the descriptors of Good Environmental Status and the High Level Marine

Objectives (Chapter 3); a set of General Policies (Chapter 4) which apply across all existing and future development and use of the marine environment. These General

Policies are intended to represent the parameters against which the sustainability of development and use is considered. They are presented under the five guiding principles of sustainable development to represent the balance required between social, economic and environmental imperatives; and

3 HM Government, Northern Ireland Executive, Scottish Government, Welsh Assembly Government.

2011. Marine Policy Statement.

London: The Stationery Office.

4 Section 51(6) of the Marine and Coastal Access Act 2009; Section 6(1) of the Marine (Scotland) Act

2010

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 Sectoral Policies and Objectives. The Sectoral Policies address issues relevant to a particular sector and have been derived by considering issues specific to a sector which require varying degrees of management to support economically productive activity; interaction with other uses; respect environmental limits; and to consider climate change. The

Sectoral Objectives mainly focus on the promotion of sustainable economic growth of the relevant sector and are an important context for planning and decision-making.

Figure 2. Marine Planning Hierarchy in Scotland

Marine Policy Statement

Marine (Scotland)

Act National Marine Plan

2010

Regional

Marine Plans

Marine and Coastal

Access Act

2009 marine consents / licences / authorisations

2.9 Each General Policy comprises a boxed statement, highlighting the key policy principles, and detailed accompanying text. All the text, taken together, is to be considered as planning policy. These policies provide a clear overarching framework for all activity and the more detailed policies in the sector chapters should be read as subject to the General Policies.

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2.10 The sectoral marine planning policies are directed to the following sectors: sea fisheries; aquaculture; wild salmon and diadromous fish; oil and gas; carbon capture and storage (CCS); offshore wind and marine renewable energy; recreation and tourism;

shipping, ports, harbours, and ferries; submarine cables; defence; and aggregates.

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3.0 Habitats Regulations Appraisal (HRA)

Background to the HRA

3.1 The HRA has been undertaken using the guidance provided by SNH 5 and the

Scottish Government 6 . Consideration of the potential effects of the NMP on the qualifying interests of European sites began at an early stage in the plan development process, in conjunction with consideration of the potential environmental, social and economic effects. This led to the front-loading of the plan with the General Policies.

3.2 The purpose of these cross-cutting policies was to build the avoidance or reduction of adverse effects into the NMP, by setting an overarching framework that applies to all planning and decision-making activities in the marine environment. The wide-ranging nature of these cross-cutting policies means that they will act as balancing measures across the whole policy framework. GEN 9 (natural heritage) sets out clear requirements for Natura

2000 sites in the developments of plans and projects. Thus, for example, policies focused on economic development will be balanced by GEN 9.

3.3 HRA was undertaken of the consultation draft of the NMP and the resulting draft record was consulted on with Scottish Natural Heritage (SNH) and the

Joint Nature Conservation Committee (JNCC). Comments were provided and taken into consideration. For example, amendments were made to the wording of GEN 9. In addition, the clear guidance provided in Chapter 4 of the plan, on the relationship between the General Policies and the Sectoral

Policies was reiterated in Chapter 5, and highlighted at the start of each sectoral chapter.

3.4 Further consultation with SNH and JNCC took place after the revision of the

General and Sectoral Policies, in response to the consultation and the

Independent Review of the plan.

Scope of the HRA

3.5 The focus of the HRA is on the General and Sectoral Policies, as these will be delivered by the NMP and other plans and by existing regulatory regimes or legislative requirements for marine planning and decision-making processes within, and adjoining, the Scottish marine area. The Sectoral Objectives are not included: although they provide important context for marine planning and decision-making, they would not necessarily be delivered directly through the marine planning system.

Methods Used in the HRA

3.6 As noted in paragraph 3.1, the HRA has been undertaken using the guidance provided by SNH and the Scottish Government.

5 Scottish Natural Heritage. January 2015. Habitats Regulations Appraisal of Plans: Guidance for

Plan-Making Bodies in Scotland. Version 3.0. SNH, Inverness.

6 Scottish Government. July 2012. Habitats Regulations Appraisal (HRA) Advice Sheet. Screening general policies and applying simple mitigation measures. Advice sheet No. 2 (Version 1).

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3.7 The HRA focused in the first instance on undertaking Stages 1 to 5, as set out in SNH’s guidance:

 Stage 1: decide whether HRA is required;

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Stage 2: identify European sites that should be considered in the appraisal;

Stage 3: gather information about the European sites;

Stage 4: discretionary consultation with SNH; and

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Stage 5: screen the NMP for likely significant effects on a European site.

3.8 In Stage 1, the NMP was reviewed against the criteria set out in Figure 3, to ascertain whether HRA is required. In conclusion, Marine Scotland considered that the plan should be subject to HRA, because: it is not directly connected with or necessary to the management of a

European site for nature conservation purposes;

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 it is not a plan identified by regulations 85A or 69A; and it provides a framework for deciding applications and influencing decisionmakers.

Results of the HRA

3.9 The results of the HRA are summarised in Section 5 of this report. Details are provided in Appendices B and C. Note that, for the General Policies, only

“headlines” for each policy are provided; however, the HRA has appraised all the policy text.

Consultation with Statutory Nature Conservation Bodies

3.10 Both Scottish Natural Heritage and the Joint Nature Conservation Committee have been consulted during the preparation of this HRA Record.

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Figure 3. Is Habitats Regulations Appraisal required?

Is the whole of the plan directly connected with or necessary to the management of a European site for nature conservation purposes?

No

Is the plan a ‘strategic development plan’ or ‘local development plan’ or ‘supplementary guidance’ (regulation 85A), or a core path plan (regulation 69A) or a revision thereof?

Yes

No

Does the plan provide a framework for deciding applications for project consents and/or does it influence decision makers on the outcome of applications for project consents?

Yes

No

Does the plan contain a programme, or policies, or proposals which could affect one or more particular

European sites?

Yes

No

Plan-making body should proceed to identify the

European sites that may potentially be affected, gather the information about them and ‘screen’ the plan for likelihood of significant effects on a

European site

No

Is the plan a general statement of policy showing only the general political will or intention of the plan-making body, and no effect on any particular European site can reasonably be predicted?

Yes

Yes

It is unlikely the plan will need to be subject to Habitats Regulations

Appraisal but, in case of doubt, the plan-making body should seek legal advice

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4.0 European Sites

Introduction

4.1 The purpose of this chapter is to provide information about the European sites that may be affected by the National Marine Plan (Stages 2 and 3 of the

HRA). The focus has been on European sites with marine components, as defined by JNCC 7 These sites comprise:

 Special Protection Areas (SPA), proposed SPAs (pSPA) and draft SPAs

(dSPA);

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Special Areas of Conservation (SAC), candidate SACs (cSAC) and proposed SACs (pSAC);

European marine sites; and

European offshore marine sites 8 .

4.2 Scottish Government policy affords the same level of protection to proposed

SACs and SPAs as that which applies to SPAs, SACs, and cSACs.

Special Areas of Conservation

4.3 SACs with marine components are defined as those that contain the qualifying marine habitats or species 9 in Table 1. In total 40 SACs have been identified in Scottish territorial and 11 in offshore waters (Figure 4). Details of the individual sites are provided in Appendix A.

Special Protection Areas

4.4 SPAs with marine components are defined as those sites with qualifying Birds

Directive Annex I species or regularly occurring migratory species that are dependent on the marine environment for all or part of their life cycle, where these species are found in association with intertidal or subtidal habitats.

These marine SPA habitats are:

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 marine areas and sea inlets; tidal rivers, estuaries, mud flats, sand flats and lagoons (including saltwork basins); and salt marshes, salt pastures and salt steppes.

Bird species dependent on the marine environment are listed in Table 2.

Details of SPAs with marine components in Scottish waters are provided in

Appendix A.

4.5 Thirtyone of Scotland’s existing seabird breeding colony SPAs have been extended into the marine environment to include the adjacent waters that are important for maintenance behaviours, e.g. preening, loafing and feeding.

These SPAs are identified in Table A2 in Appendix A.

7 JNCC. September 2007. Defining SACs with Marine Components and SPAs with Marine

Components: JNCC and Country Conservation Agency Guidance. MN2KPG16_13_MN2KDefs.doc.

8 Definitions of European marine sites and European offshore marine sites are provided in the glossary

9 JNCC website: SACS with Marine Components. Available at: http://jncc.defra.gov.uk/page-1445

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Table 1. Qualifying habitats and species of SACs with marine components

Annex I marine habitats Annex II marine species

Annual vegetation of drift lines

Atlantic salt meadows (Glauco-

Puccinellietalia maritimae) (except where landwards of MHWS)

Coastal lagoons (except where landwards of MHWS and not directly connected to the sea)]

Estuaries

1210 Bottlenose dolphin ( Tursiops truncatus )

1349

1330 Common seal ( Phoca vitulina ) 1365

1150 Grey seal ( Halichoerus grypus ) 1364

Large shallow inlets and bays

1130 Harbour porpoise ( Phocoena phocoena ) 10

1160 Sea lamprey ( Petromyzon marinus ) 11

1420 Allis shad ( Alosa alosa

) 11

1351

1102 Mediterranean and thermo-Atlantic halophilous scrubs ( Sarcocornetea fruticosi ) (except where landwards of

MHWS)

Mudflats and sandflats not covered by seawater at low tide

Reefs

Salicornia and other annuals colonising mud and sand

Sandbanks which are slightly covered by seawater all the time

Spartina maritimae ) 12 swards ( Spartinion

Submarine structures made by leaking gases

Submerged or partially submerged sea caves

1140 Twaite shad ( Alosa fallax

1170 Otter ( Lutra lutra

)

1310

1110

1320

1180

8330

11

) 11

1103

1355

10 One SAC has been identified for Harbour porpoise - Skerries and Causeway (Northern Ireland) - where this Annex II species is a qualifying feature, but not a primary reason for site selection. JNCC and SNH are currently analysing distribution data for Harbour porpoise to determine whether any suitable sites for SAC designation can be found in Scottish waters.

11 But only where species are associated with intertidal or subtidal areas (i.e. areas below MHWS) within SACs

12 There are no SACs for this habitat in Scotland.

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Figure 4. SACs with marine components in Scottish territorial and offshore waters


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4.6 SNH and JNCC have identified a suite of 14 draft SPAs (Figure 6) as part of completing the SPA network at sea 13 , to protect the following:

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 inshore wintering waterfowl: nine areas seabird aggregations: five areas foraging areas for breeding terns: five colonies 14

foraging areas for breeding red-throated divers: six sites 14 important areas for European shag: four areas 14

4.7 Draft SPAs do not have policy protection until there is ministerial approval to formally consult on them. At this point they become potential SPAs and are treated as classified sites until the Minister has decided whether or not to classify them. If the Minister decides not to confirm a site, then it no longer has the level of protection afforded to an SPA.

On-going work on marine SPAs and SACs 15

4.8 JNCC are considering possible marine SPAs in offshore waters elsewhere in the UK.

4.9 The European Commission (EC) has stated that additional SACs must be designated to protect certain marine habitats and species present in UK waters away from the coast.

4.10 There are three marine habitats to which this applies: sandbanks which are slightly covered by seawater all the time; reefs; and submarine structures made by leaking gases. JNCC and the country conservation agencies have worked together to designate sites that protect these and the range of Annex I marine habitats found in the UK; these sites are now at the latter stages of the

SAC designation process with only two (Hatton Bank in Scottish offshore waters and Sound of Barra in Scottish territorial waters) awaiting EC approval.

Following recent submissions of several marine SACs, the UK anticipates that the marine SAC network for marine habitats is now substantially complete.

4.11 There are four marine species (grey seal; common seal; bottlenose dolphin; and harbour porpoise) present in UK waters away from the coast for which the

European Commission (EC) has stated that additional SACs must be designated. Work in relation to the four marine species found offshore is not yet complete.

13 SNH. JNCC and Marine Scotland. July 2014. The suite of Scottish marine dSPAs. Available from http://www.snh.gov.uk/protecting-scotlands-nature/protected-areas/internationaldesignations/spa/marine-spas/

14 The areas identified for these all overlap with other marine bird interests.

15 from JNCC website: SPA information ( http://jncc.defra.gov.uk/page-1414 ) and SAC information

( http://jncc.defra.gov.uk/page-1445 )

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Table 2 List of bird species dependent on the marine environment that are qualifying interests/notified features of SPAs and/or SSSIs in Scotland 16

Species name

Arctic skua ( Stercorarius parasiticus )

Arctic tern ( Sterna paradisaea )

Atlantic puffin ( Fratercula arctica )

Bar-tailed godwit ( Limosa lapponica )

Black guillemot ( Cepphus grylle )

Black-headed gull ( Larus ridibundus )

Black-legged kittiwake ( Rissa tridactyla )

Black-tailed godwit ( Limosa limosa )

Black-throated diver ( Gavia arctica )

Common gull ( Larus canus )

Common scoter ( Melanitta nigra )

Common tern ( Sterna hirundo )

Cormorant ( Phalacrocorax carbo )

Curlew ( Numenius arquata )

Dunlin ( Calidris alpina alpine )

Eider ( Somateria mollissima )

Northern fulmar ( Fulmarus glacialis )

Northern gannet ( Morus bassanus )

Golden plover ( Pluvialis apricaria )

Goldeneye ( Bucephala clangula )

Goosander ( Mergus merganser )

Great black-backed gull ( Larus marinus )

Great crested grebe ( Podiceps cristatus )

Great skua ( Stercorarius skua )

Greenshank ( Tringa nebularia )

Grey plover ( Pluvialis squatarola )

Guillemot ( Uria aalge )

Herring gull ( Larus argentatus )

Knot ( Calidris canutus )

Leach's petrel ( Oceanodroma leucorhoa )

Species name

Lesser black-backed gull ( Larus fuscus )

Light-bellied brent goose ( Branta bernicla hrota )

Little tern ( Sternula albifrons )

Long-tailed duck ( Clangula hyemalis )

Manx shearwater ( Puffinus puffinus )

Northern pintail ( Anas acuta )

Oystercatcher ( Haematopus ostralegus )

Purple sandpiper ( Calidris maritima )

Razorbill ( Alca torda )

Red-breasted merganser ( Mergus serrator )

Red-necked phalarope ( Phalaropus lobatus )

Redshank ( Tringa tetanus )

Red-throated diver ( Gavia stellata )

Ringed plover ( Charadrius hiaticula )

Roseate tern ( Sterna dougallii )

Sanderling ( Calidris alba )

Sandwich tern ( Sterna sandvicensis )

Scaup ( Aythya marila )

Shag ( Phalacrocorax aristotelis )

Shelduck ( Tadorna tadorna )

Slavonian grebe ( Podiceps auritus )

Storm petrel ( Hydrobates pelagicus )

Teal ( Anas crecca )

Turnstone ( Arenaria interpres )

Velvet scoter ( Melanitta fusca )

Whimbrel ( Numenius phaeopus )

Wigeon ( Anas penelope )

Species assemblages -

Seabird assemblage

Waterfowl assemblage

16 Source: Scottish Natural Heritage and the Joint Nature Conservation Committee. 2012. Advice to the Scottish Government on the selection of Nature Conservation Marine Protected Areas (MPAs) for the development of the Scottish MPA network. Scottish Natural Heritage Commissioned Report No

547. Table A1.5, page 68.

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Figure 5. Special Protection Areas supporting bird species that are dependent on Scotland’s marine environment (marine associations)

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Figure 6. Marine draft SPAs in Scottish inshore and offshore waters

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Atlantic salmon

4.12 In Scotland there are 17 rivers designated as SACs for Atlantic salmon

(Figure 6 and Table 3).

Table 3. Rivers designated as SAC for Atlantic salmon in Scotland

Berriedale and Langwell Waters

Endrick Water

Langavat

North Harris

Little Gruinard River

River Borgie

River Bladnoch

River Moriston*

River Oykel

River Naver

River Teith

River South Esk

River Spey

River Tay

River Thurso

River Tweed

River Dee

4.13 Atlantic salmon is an Annex II species only in freshwaters throughout the EU, and therefore marine and estuarine sites are excluded from selection.

Lamprey (River and Sea)

4.14 River lamprey ( Lampetra fluviatilis ) and Sea lamprey ( Petromyzon marinus ) are Annex II species only in freshwaters throughout the EU; however, both are anadromous (spawning in freshwater but completing its lifecycle in the sea). These species, by themselves or together, are qualifying interests in six

SACs in Scotland (Table 4).

Table 4. Rivers designated as SAC for River / Sea lamprey in Scotland

River lamprey

Endrick Water

River Tay*

River Teith

River Tweed*

Solway Firth

Sea lamprey

River Spey

River Tay*

River Teith

River Tweed*

Solway Firth

*SACs where this Annex II species is a qualifying feature, but not a primary reason for site selection

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Figure 6. Scottish rivers designated as SACs for Atlantic salmon

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Conservation Objectives and Status

4.15 Conservation objectives for SPAs are generally structured as follows:

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To avoid deterioration of the habitats of the qualifying species (listed below) or significant disturbance to the qualifying species, thus ensuring that the integrity of the site is maintained; and

To ensure for the qualifying species that the following are maintained in the long term:

Population of the species as a viable component of the site

Distribution of the species within site

Distribution and extent of habitats supporting the species

Structure, function and supporting processes of habitats supporting the species

No significant disturbance of the species

4.16 Conservation objectives for SACs are generally structured as follows:

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To avoid deterioration of the qualifying habitat (listed below) thus ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying features; and

To ensure for the qualifying habitat that the following are maintained in the long term:

Extent of the habitat on site

Distribution of the habitat within site

Structure and function of the habitat

Processes supporting the habitat

Distribution of typical species of the habitat

Viability of typical species as components of the habitat

No significant disturbance of typical species of the habitat

4.17 Conservation status of marine SAC habitats and species is set out in Table 5.

Table 5. Conservation status of marine SAC habitats and species 17

Habitats and species

Estuaries

Coastal lagoons

Large shallow inlets and bays

Mudflats and sandflats not covered by seawater at low tide

Reefs



Submerged or partially submerged sea caves

Bottlenose dolphin ( Tursiops truncatus )

Harbour porpoise ( Phocoena phocoena )

Grey seal ( Halichoerus grypus )

Common seal ( Phoca vitulina )

Conservation Status

Overall assessment 18 Overall trend

18 bad declining inadequate bad bad stable stable improving unknown inadequate unknown unknown favourable favourable favourable bad stable

-

-

-

- declining

17 from JNCC draft Third Report available at http://jncc.defra.gov.uk/page-6387 (accessed 08/08/14)

18 at UK level

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5.0 Appraisal Results

5.1 The purpose of this chapter is to set out the results of the screening (Stage 5 of the HRA).

Screening

5.2 The screening has focused on:

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 the General Policies; and the Sectoral Policies.

5.3 According to the SNH guidance, the purpose of the screening stage is to:

“a) Identify all aspects of the plan which would have no effect on a European site, so that they can be eliminated from further consideration in respect of this and other plans; b) identify all aspects of the plan which would not be likely to have a significant effect on a European site (i.e. would have some effect but minor residual), either alone or in combination with other aspects of the same plan or other plans or projects, which therefore do not require ‘appropriate assessment’; and c) identify those aspects of the plan where it is not possible to rule out the risk of significant effects on a European site, either alone or in combination with other plans or projects. This provides a clear scope for the parts of the plan that will require appropriate asses sment.”

5.4 The SG guidance on screening notes that impacts are more likely to arise from a general policy where: a) the policy is providing for a magnitude of change within an area (the whole plan area or a part of it), to the extent that there would be a likely significant effect on a European site, wherever it was located in that area. b) an aspect of the policy clearly has an implication for a specific European site.

5.5 The screening process has three steps:

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 the first screens out general policy statements; the second screens out projects referred to in, but not proposed by, the plan; and the third screens out aspects of the plan that could have no likely significant effect on a site, alone or in combination with other aspects of the same plan, or with other plans or projects.

General Policies

5.6 Policy GEN 9 is part of the “Living within environmental limits” statements.

Policy GEN 9 states that

“any plan or project likely to have a significant effect on these sites [i.e. SPAs and SACs], which is not directly connected with or necessary to their conservation management, must be subject to an

‘appropriate assessment’ of their implications for the site in view of its conservation objectives. Such plans or proposals may only be approved if the competent authority has ascertained by means of an ‘appropriate assessment ’ that there will be no adverse effect on the integrity of the site”.

This is an over-arching, general protection policy in line with section 11 of the

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HRA Advice Sheet 2 19 . The wording of GEN 9 was amended as a result of the first iteration of the HRA, to more closely reflect the wording of the

Habitats Directive.

5.7 The general policy statements set out in Chapter 4 of the NMP were first reviewed using screening step 1. The results (Table 6) show that none of the

General Policies will be likely to have significant effects on a European site and therefore all can be screened out under screening stage 1. Further details are provided in Appendix B.

Table 6. General Policies: Screening Results

Aspects of the plan

General policy statements

Relevant parts of the plan

GEN 1

GEN 2

GEN 3

GEN 4

GEN 5

GEN 6

GEN 7

GEN 8

GEN 9

GEN 10

GEN 11

GEN 12

GEN 13

GEN 14

GEN 15

GEN 16

GEN 17

GEN 18

GEN 19

GEN 20

GEN 21

Screening decision

The General Policies have been screened to determine whether they are likely to have a significant effect on a

European site. All of the

General Policies set strategic aspirations and are general in nature. None of them direct activities to a particular location, or provide for them to be carried out in a particular way. Nor are they linked to a European site. In consequence, none of the policies will result in effects on European sites.

All the policies listed here have therefore been screened out of the appraisal under screening step 1 .

Sectoral marine planning policies

5.8 As noted in section 2, sectoral marine planning policies are presented in the sectoral chapters of the plan. The screening process for the sectoral marine planning policies followed that outlined in paragraph 5.5. The results (Table

7) show that none of the Sectoral Policies will be likely to have significant effects on a European site and therefore all can be screened out. Further details are provided in Appendix C.

19 Habitat Regulations Appraisal Advice Sheet – Screening general policies and applying simple mitigation measures. Available at http://www.scotland.gov.uk/Resource/0041/00415048.pdf

March 2015 19


Table 7. Sectoral Policies: Screening Results


Sea Fisheries


Fisheries 1

Fisheries 2

Fisheries 3

Fisheries 4

Fisheries 5

Fisheries Regional Policy

Aquaculture

Wild Salmon and

Diadromous Fish

Aquaculture 1 – Screening step 1

Aquaculture 2 – Screening step 3e













Aquaculture Regional Policy –

Screening step 3e

Wild Fish 1


All policies listed have been screened out of the HRA under screening step 1 , as being general policy statements, including ‘general criteria based policies’, and there will be no likely significant effects on a European site.

All policies listed have been screened out of the HRA.

Some have been identified as general policy statements and have therefore been screened out under screening step 1 . Some have been identified as being more than a general statement of policy; however, its promotion of change is still too general to predict any effects on any particular European site and it has therefore been screened out under screening step 3e .

Oil and Gas

.

Carbon Capture and

Storage

Oil and Gas 1

Oil and Gas 2

Oil and Gas 3

Oil and Gas 4

Oil and Gas 5

Oil and Gas 6

Oil and Gas Regional Policy

CCS 1- Screening step 2

CCS 2 - Screening step 1

CCS Regional Policy - Screening step 2

This policy has been screened out of the HRA under screening step 1 , as being a general policy statement, with no likely significant effects on a European site.

All policies listed have been screened out of the HRA under screening step 1 , as being general policy statements, including ‘general criteria based policies’, and there will be no likely significant effects on a European site.

CCS 1 and CCS Regional Policy have been screened out of the appraisal under screening stage

2 as the appraisal for this sector was conducted by the HRA of

National Planning Framework 3

CCS 2 has been screened out of the appraisal under screening step 1 , as being a general policy statement, including ‘general criteria based policies. There will be no likely significant effects on a

European site.

March 2015 20



Offshore Wind and Marine

Renewable Energy


Spatial Planning:

Renewables 1 – Screening step 2



Marine Licensing








Renewables Regional Policy –

Screening step 1


All the policies listed here have been screened out of the appraisal.

Some have been identified as general policy statements and have therefore been screened out under screening step 1 . Others have been identified as being references to specific proposals for projects referred to in, but not proposed by, the plan, such as the

Pentland Firth and Orkney Waters

Marine Energy Park, and these have been screened out under screening stage 2.

HRA of the Sectoral Marine Plan referred to under Renewables 1 has been undertaken by Marine

Scotland 20 . HRA for the Pentland

Firth and Orkney Waters developments referred to under

Renewables 2 will be undertaken in support of the Pentland Firth and Orkney Waters Marine Spatial

Plan. HRA in respect of

Renewables 3 will be undertaken at project level for the developments being taken forward.

All the policies listed here have been screened out of the appraisal under screening step 1 , as being general policy statements, including ‘general criteria based policies’, and there will be no likely significant effects on a European site.

Recreation and Tourism

Shipping, Ports, Harbours and Ferries

Submarine Cables

Rec and Tourism 1

Rec and Tourism 2

Rec and Tourism 3

Rec and Tourism 4

Rec and Tourism 5

Rec and Tourism 6

Recreation and Tourism Regional

Policy

Transport 1

Transport 2

Transport 3

Transport 4

Transport 5

Transport 6

Transport 7

Transport Regional Policy

Cables 1 – Screening step 1




All the policies listed here have been screened out of the appraisal under screening step 1 , as being general policy statements, including ‘general criteria based policie s’, and there will be no likely significant effects on a European site.

All the policies listed here apart from Cables 2 have been screened out of the appraisal under screening step 1 , as being general policy statements,

20 Mar ine Scotland: Planning Scotland’s Seas. Habitats Regulations Appraisal of the Sectoral Marine

Plans for Offshore Renewable Energy in Scottish Waters: Draft HRA Reports. Available at http://www.scotland.gov.uk/Topics/marine/marineenergy/Planning/drafthra

March 2015 21


Defence

Aggregates



Cables Regional Policy –

Screening step 1

Defence 1

Defence 2

Defence 3

Defence Regional Policy

Aggregates 1

Aggregates 2

Aggregates Regional Policy

Screening decision including ‘general criteria based policies’, and there will be no likely significant effects on a European site.

The NMP includes a map of existing and potential future connections (MAP 12). Potential future routes are indicative in nature and represent potential corridors, without a clear spatial indication of precisely where lines are likely to be proposed. The precise locations of lines and connections will be developed through lower tier plans and during the inception of projects. The former includes the proposed sectoral plan for the marine grid, which will build on the results of the ISLES II project to culminate in a spatial plan; the latter includes work towards licensing on marine energy projects. These will be subject to HRA as appropriate.



March 2015 22


6.0 In-combination assessment

6.1 The requirement for in-combination assessment has been reviewed in two steps: the potential effects on European sites of the plan on its own, and the potential effects on European sites of the plan in combination with other plans or projects.

National Marine Plan on its own

6.2 All of the General or Sectoral Policies have been screened out of further assessment, as they are either general policy statements, or are not policies and/or proposals generated by this plan. None of them direct activities to a particular location, or provide for them to be carried out in a particular way.

Nor are they linked to a European site. In consequence, no in-combination assessment is required for the NMP on its own.

National Marine Plan in combination with other plans/proposals

6.3 The National Marine Plan sits alongside other planning, legislative and regulatory regimes (Figure 7). Given that the focus of the NMP is on policies, rather than proposals, this part of the HRA focuses on the potential for cumulative effects of the NMP and Scottish Planning Policy (SPP).

6.4 The SPP (June 2014) sets out the following policy framework:











Principal focusing on sustainability and place making

Subject policies around “a successful, sustainable place”: promoting town centres; promoting rural development; supporting business and employment; enabling delivery of new homes; and valuing the historic environment.

Subject policies around “a low carbon place”: delivering heat and electricity; and planning for zero waste.

Subject policies around “a natural, resilient place”: valuing the natural environment; maximising the benefits of green infrastructure; promoting responsible extraction of resources; supporting aquaculture; and managing flood risk and drainage.

Subject policies on “a connected place”: promoting sustainable transport and active travel; and supporting digital connectivity.

6.5 The NMP and the SPP will work together to set out a framework of social, economic and environmental policies which identify the issues to be taken into account when developing spatial plans and which are to be applied in making decisions about projects and/or activities in the marine and terrestrial environments. These cross-cutting policies also apply to the Sectoral and

Subject Policies in the two plans.

6.6 Thus, for example, both the NMP and the SPP include a presumption for sustainable development and use. Alone, policies encouraging economic growth have the potential to result in effects on the qualifying interest of

European sites. However, these policies are balanced by the requirement for development and use to be sustainable, and this is further elaborated by policies which protect Natura interests.

March 2015 23


6.7 The cumulative effect of this overarching policy framework is that economic growth is supported, focusing on the right type of development in the right place. The Sectoral and Subject Policies of the two policy frameworks will work to avoid the potential adverse effects of development on European sites, in both coastal and marine environments.

6.8 These policies are general in nature. None of them direct activities to a particular location, or provide for them to be carried out in a particular way.

Nor are they linked to a European site. This, in combination with the policies to protect Natura interests, means that there will be no in-combination effects of the two frameworks on European sites.

Figure 7. NMP policy context (terrestrial and other planning/regulatory regimes)

March 2015 24


7.0 Conclusion

7.1 All the General Policies are general in nature, and apply to all activities and development in the marine environment. In consequence, no connectivity or direct pathway for impact has been identified between the General Policies and specific European sites. In consequence, none of the General Policies are considered likely to have a significant effect on a specific European site.

7.2 The majority of the Sectoral Policies are general in nature: they do not direct development or activities to a particular location and do not have a pathway for impact on specific European sites, and as such have been screened out of the assessment. Other Sectoral Policies were screened out of the assessment since they referred to projects rather than proposed them. For some Sectoral Policies, the effects on any European site could not be identified since the policy is too general, and these too were therefore screened out of the HRA.

7.3 In conclusion, the General Policies and the Sectoral Policies are considered to have no likely significant effect on the integrity of any European sites. An appropriate assessment of the National Marine Plan is therefore not required.

Next Steps

7.4 The potential generic effects of the activities of each marine sector on the qualifying interests of European sites were identified as a final check. These are reported alongside the detailed assessment tables in Appendix C.

7.5 It is anticipated that the regional marine plans will include more detailed and/or spatial policies and proposals and that, where they may have likely significant effects on European sites, HRA will be required. However, it is expected that factors such as the qualifying features of European sites will be considered at an early stage in the regional marine planning process, using the generic effects information provided in Appendix C as a guide for the avoidance of such effects. HRA requirements and the need to avoid likely significant effects on European sites may also apply to other spatial guidance, e.g. at the sectoral level, development briefs, etc.

7.6 Proposals for development and use of the marine environment, at the project level, will also require HRA if they are likely to have significant effects on the qualifying interests of European sites.

March 2015 25


8.0 Glossary

21

European site: Defined by regulation 10 of The Conservation (Natural Habitats, etc)

Regulations 1994 as amended, and may be summarised as follows: Special

Protection Areas (SPA), classified under the Birds Directive, Special Areas of

Conservation (SAC), candidate Special Areas of Conservation (cSAC) both designated under the Habitats Directive. Can also include European Offshore

Marine Sites.

European marine sites: The parts of European sites which are marine areas; and lie below Mean High Water Spring Tide. They are also known as marine SACs and marine SPAs.

European Offshore Marine Site: Defined by regulation 15 of the Offshore Marine

Conservation (Natural Habitats, etc) Regulations 2007 (SI 1842) and comprise

SPAs, SACs and cSACs which lie beyond the 12 nautical mile limit of Scotland’s territorial waters.

The UK Continental Shelf (UKCS) comprises those areas of the sea bed and subsoil beyond the territorial sea over which the UK exercises sovereign rights of exploration and exploitation of natural resources. The exact limits of the UKCS are set out in orders made under section 1(7) of the Continental Shelf Act 1964.

9.0 References

HM Government, Northern Ireland Executive, Scottish Government and Welsh

Assembly Government. No date. UK Marine Policy Statement: Habitats Regulations

Assessment.

Scottish Government. July 2012. Habitats Regulations Appraisal (HRA) Advice

Sheet. Screening general policies and applying simple mitigation measures. Advice sheet No. 2 (Version 1).

Scottish Natural Heritage and the Joint Nature Conservation Committee. 2012.

Advice to the Scottish Government on the selection of Nature Conservation Marine

Protected Areas (MPAs) for the development of the Scottish MPA network. Scottish

Natural Heritage Commissioned Report No. 547 .

Scottish Natural Heritage. January 2015. Habitats Regulations Appraisal of Plans:

Guidance for Plan-Making Bodies in Scotland. Version 3.0. SNH, Inverness.

Sewell, Jack; Harris, Rebecca; Hinz, Hilmar; Votier, Steven and Keith Hiscock. July

2007. An Assessment of the Impact of Selected Fishing Activities on European

Marine Site and a Review of Mitigation Measures. SR591. The Marine Biological

Associated and the University of Plymouth. Report prepared for Seafish.

21 Taken from SNH guidance January 2015.

March 2015 26


Appendix A. European Sites with marine components in Scottish

Waters

March 2015 27


III

III

III

III

III

II

II

III

III

Table A1 Special Areas of Conservation (SACs) with marine components in

Scottish waters

SAC name Features OSPAR

Region

Inshore

II

II

II

II

II

II

II

III

II

II

II

II

II

II

II & III

II

Berwickshire

Culbin Bar

Dornoch Firth and Morrich More

Faray and Holm of Faray

Firth of Tay and Eden Estuary

Isle of May

Loch of Stenness

Monach Islands

Moray Firth

Pobie Bank Reef

Sanday

Scanner Pockmark

Solan Bank Reef

Sullom Voe and

Northumberland Coast

Mousa

Papa Stour

North

The Vadills

Yell Sound Coast

Ascrib, Isay and Dunvegan

East Mingulay

Eileanan agus Sgeiran Lios mór

Firth of Lorn

Loch Creran

Loch Laxford

Loch Moidart and Loch Shiel

Woods

Large shallow inlets and bays; mudflats and sandflats not covered by seawater at low tide; reefs; submerged or partially submerged sea caves; grey seal

Atlantic salt meadows

Estuaries; mudflats and sandflats not covered by seawater at low tide; reefs; sandbanks which are slightly covered by seawater all the time;

Salicornia and other annuals colonising mud and sand; Atlantic salt meadows; common seal; otter

Grey seal

Estuaries; mudflats and sandflats not covered by seawater at low tide; sandbanks which are slightly covered by seawater all the time; common seal

Reefs; grey seal

Coastal lagoons

Grey seal

Sandbanks which are slightly covered by seawater all the time, bottlenose dolphin

Reefs; submerged or partially submerged sea caves; common seal

Reefs; submerged or partially submerged sea caves

Reefs

Mudflats and sandflats not covered by seawater at low tide; reefs; sandbanks which are slightly covered by seawater all the time; common seal


Reefs

Coastal lagoons; large shallow inlets and bays; reefs

Coastal lagoons

Common seal; otter

Common seal reefs

Common seal

Reefs

Reefs

Large shallow inlets and bays; reefs

Mudflats and sandflats not covered by seawater at low tide; otter

March 2015 28


OSPAR

Region

III

SAC name Features

III

III

III

III

III

III

III

III

III

III

III

III

III

III

III

Offshore

V

V

V

II

II

II

II & III

III

V

V

V

Loch nam Madadh

Loch Roag Lagoons

Lochs Duich, Long and Alsh

Reefs

Luce Bay and Sands

Large shallow inlets and bays; coastal lagoons; mudflats and sandflats not covered by seawater at low tide; reefs; sandbanks which are slightly covered by seawater all the time; otter

Coastal lagoons

Reefs

Moine Mhor

North Rona

North Uist Machair

Obain Loch Euphoirt

Solway Firth

Sound of Arisaig (Loch Ailort to

Loch Ceann Traigh)

Sound of Barra

South Uist Machair

South-East Islay Skerries

St Kilda

Sunart

Treshnish Isles

Large shallow inlets and bays; mudflats and sandflats not covered by seawater at low tide; reefs; sandbanks which are slightly covered by seawater all the time

Mudflats and sandflats not covered by seawater at low tide; Atlantic salt meadows; otter

Reefs; submerged or partially submerged sea caves; grey seal

Annual vegetation of drift lines; Atlantic salt meadows

Coastal lagoons

Estuaries, mudflats and sandflats not covered by seawater at low tide, reefs, sandbanks which are slightly covered by seawater all the time; Atlantic salt meadows; Salicornia and other annuals colonising mud and sand; sea lamprey


Reefs; sandbanks which are slightly covered by seawater all the time; common seal

Coastal lagoons; annual vegetation of drift lines; otter

Common seal

Reefs, submerged or partially submerged sea caves

Reefs; otter

Reefs; grey seal

Braemar Pockmarks

Pobie Bank Reef

Scanner Pockmark

Solan Bank

Stanton Banks

Anton Dhorn

Darwin Mounds

East Rockall Bank

Hatton Bank

North West Rockall Bank

Wyville Thomson Ridge


Reefs


Reefs

Reefs

Reefs

Reefs

Reefs

Reefs

Reefs

Reefs

March 2015 29


Table A2 Special Protection Areas (SPAs) supporting bird species that are dependent upon Scotland’s marine environment (marine associations/ components)

Note: sites marked with an * overlap with the intertidal zone (45 SPAs) and are either estuarine or truly coastal (i.e. they contain habitats upon which one or more of the qualifying bird species depend) or have been extended into the marine environment. Also highlighted are 49 SPAs for seabirds (marked with a #), of which 31 have been extended into the marine environment (marked with a @)

OSPAR

Region

SPA Name Features

II

II

II

II

II

II

II

II

II

II

Auskerry #

Buchan Ness to Collieston

Coast * # @

Calf of Eday *

Copinsay * # @

# @

Arctic tern (breeding), storm petrel (breeding)

Fulmar (breeding), guillemot (breeding), herring gull

(breeding), kittiwake (breeding), shag (breeding), seabird assemblage (breeding)

Cormorant (breeding), fulmar (breeding), great blackbacked gull (breeding), guillemot (breeding), kittiwake

(breeding), seabird assemblage (breeding)

Fulmar (breeding), great black-backed gull (breeding), guillemot (breeding), kittiwake (breeding), seabird assemblage (breeding)

Cromarty Firth * #

East Sanday Coast *

Bar-tailed godwit (non-breeding), common tern

(breeding), curlew (non-breeding), dunlin (nonbreeding), knot (non-breeding), northern pintail (nonbreeding), oystercatcher (non-breeding), red-breasted merganser (non-breeding), redshank (non-breeding), scaup (non-breeding), wigeon (non-breeding), waterfowl assemblage (non-breeding)

Dornoch Firth and Loch Fleet * Bar-tailed godwit (non-breeding), curlew (nonbreeding), dunlin (non-breeding), oystercatcher (nonbreeding), wigeon (non-breeding), teal (nonbreeding), waterfowl assemblage (non-breeding)

East Caithness Cliffs * # @ Cormorant (breeding), fulmar (breeding), great blackbacked gull (breeding), guillemot (breeding), herring gull (breeding), kittiwake (breeding), puffin (breeding), razorbill (breeding), shag (breeding), seabird assemblage (breeding)

Bar-tailed godwit (non-breeding), purple sandpiper

(non-breeding), turnstone (non-breeding)

Fair Isle * # @

Fetlar * # @

Arctic skua (breeding), Arctic tern (breeding), fulmar

(breeding), gannet (breeding), great skua (breeding), guillemot (breeding), kittiwake (breeding), puffin

(breeding), razorbill (breeding), shag (breeding), seabird assemblage (breeding)

Arctic skua (breeding), Arctic tern (breeding), dunlin

(breeding), fulmar (breeding), great skua (breeding), red-necked phalarope (breeding), whimbrel


March 2015 30


OSPAR

Region

II

SPA Name

II

II

II

II

II

II

II

Features

Firth of Forth *

Firth of Tay and Eden Estuary

* #

Forth Islands *

Foula * # @

Fowlsheugh *

Hoy * # @

# @

# @

Hermaness, Saxa Vord & Valla

Field * # @

Imperial Dock Lock, Leith

Bar-tailed godwit (non-breeding), common scoter, cormorant (non-breeding), curlew (non-breeding), dunlin (non-breeding), eider (non-breeding), golden plover (non-breeding), goldeneye (non-breeding), great crested grebe (non-breeding), grey plover (nonbreeding), knot (non-breeding), long-tailed duck (nonbreeding), oystercatcher (non-breeding), red-breasted merganser (non-breeding), redshank (non-breeding), red-throated diver (breeding), ringed plover (nonbreeding), sandwich tern (passage), scaup (nonbreeding), shelduck (non-breeding), Slavonian grebe

(non-breeding), turnstone (non-breeding), velvet scoter (non-breeding), wigeon (non-breeding), waterfowl assemblage (non-breeding)

Bar-tailed godwit (non-breeding), black-tailed godwit

(non-breeding), common scoter (non-breeding), cormorant (non-breeding), dunlin (non-breeding), eider (non-breeding), goldeneye (non-breeding), goosander (non-breeding), grey plover (nonbreeding), little tern (breeding), long-tailed duck (nonbreeding), oystercatcher (non-breeding), red-breasted merganser (non-breeding), redshank (non-breeding), sanderling(non-breeding), shelduck (non-breeding), velvet scoter (non-breeding), waterfowl assemblage

(non-breeding)

Arctic tern (breeding), common tern (breeding), cormorant (breeding), fulmar (breeding), gannet

(breeding), guillemot (breeding), herring gull

(breeding), kittiwake (breeding), lesser black-backed gull (breeding), puffin (breeding), razorbill (breeding), roseate tern (breeding), sandwich tern (breeding), shag (breeding), seabird assemblage (breeding)


(breeding), great skua (breeding), guillemot

(breeding), kittiwake (breeding), Leach's petrel

(breeding), puffin (breeding), razorbill (breeding), redthroated diver (breeding), shag (breeding), seabird assemblage (breeding)


(breeding), kittiwake (breeding), razorbill (breeding), seabird assemblage (breeding)

Fulmar (breeding), gannet (breeding), great skua

(breeding), guillemot (breeding), kittiwake (breeding), puffin (breeding), red-throated diver (breeding), shag


Arctic skua (breeding), fulmar (breeding), great blackbacked gull (breeding), great skua (breeding), guillemot (breeding), kittiwake (breeding), puffin

(breeding), red-throated diver (breeding), , seabird assemblage (breeding)

Common tern (breeding)

March 2015 31


II

II

II

II

II

II

II

II

II

II

II

II

II

II

II

II

II

OSPAR

Region

II

SPA Name

II

II

II

II

II

Features

Inner Moray Firth *

Lairg & Strath Brora Lochs

Loch Ashie

Loch Flemington

Loch Leven

Loch of Strathbeg

Loch Ruthven

Loch Vaa

#

Marwick Head * # @

Montrose Basin *

Moray and Nairn Coast *

Mousa #

Muir of Dinnet

#

North Caithness Cliffs *

North Inverness Lochs

Noss * # @

# @

Orkney Mainland Moors

Otterswick and Graveland

Papa Stour * #

Papa Westray (North Hill and

Holm) #

Pentland Firth Islands #

Ramna Stacks & Gruney #

Rannoch Lochs

Bar-tailed godwit (non-breeding), common tern

(breeding), cormorant (non-breeding), curlew (nonbreeding), goldeneye (non-breeding), goosander

(non-breeding), oystercatcher (non-breeding), redbreasted merganser (non-breeding), redshank (nonbreeding), scaup (non-breeding), wigeon (nonbreeding), teal (non-breeding), waterfowl assemblage

(non-breeding)

Black throated diver (breeding)

Slavonian grebe (breeding and non-breeding)

Slavonian grebe (breeding)

Cormorant (non-breeding), goldeneye (non-breeding), teal (non-breeding), waterfowl assemblage (nonbreeding)

Sandwich tern (breeding), teal (non-breeding), waterfowl assemblage (non-breeding)



Guillemot (breeding), kittiwake (breeding), seabird assemblage (breeding)

Dunlin (non-breeding), eider (non-breeding), knot

(non-breeding), oystercatcher (non-breeding), redshank (non-breeding), shelduck (non-breeding), wigeon (non-breeding), waterfowl assemblage (nonbreeding)

Bar-tailed godwit (non-breeding), common scoter

(non-breeding), dunlin (non-breeding), long-tailed duck (non-breeding), oystercatcher (non-breeding), red-breasted merganser (non-breeding), redshank

(non-breeding) velvet scoter (non-breeding), wigeon

(non-breeding), waterfowl assemblage (non-breeding)

Arctic tern (breeding), storm petrel (breeding)

Waterfowl assemblage (non-breeding)

Fulmar (breeding), guillemot (breeding), kittiwake

(breeding), puffin (breeding), razorbill (breeding), seabird assemblage (breeding)



(breeding), guillemot (breeding), kittiwake (breeding), puffin (breeding), seabird assemblage (breeding)

Red-throated diver (breeding)

Red-throated diver (breeding)

Arctic tern (breeding), ringed plover (breeding)

Arctic skua (breeding), Arctic tern (breeding)

Arctic tern (breeding)

Leach’s petrel (breeding)

Black-throated diver (breeding)

March 2015 32


III

III

III

OSPAR

Region

II

SPA Name

II

II

II

II

II

II

II

II

II & III

II & III

II & III

III

III

III

III

Features

Ronas Hill - North Roe and

Tingon #

Rousay * # @

St Abb’s Head to Fast Castle *

# @

Sule Skerry and Sule Stack *

@

Sumburgh Head *

Assynt Lochs

# @

Bridgend Flats, Islay

Canna and Sanday * # @

Cape Wrath *

Glas Eileanan

# @

Flannan Isles *

#

# @

#

Great skua (breeding), red-throated diver (breeding)


(breeding), guillemot (breeding), kittiwake (breeding), seabird assemblage (breeding)

Guillemot (breeding), herring gull (breeding), kittiwake

(breeding), razorbill (breeding), shag (breeding), seabird assemblage (breeding),

Gannet (breeding), guillemot (breeding), Leach's petrel (breeding), puffin (breeding), shag (breeding), storm petrel (breeding), seabird assemblage

(breeding)

Arctic tern (breeding), fulmar (breeding), guillemot

(breeding), kittiwake (breeding), seabird assemblage

(breeding)

Common gull (breeding) Tips of Corsemaul and Tom

Mor #

Troup, Pennan and Lion's

Head * # @

Caithness

Peatlands

West Westray * # @

Ythan Estuary, Sands of

Forvie and Meikle Loch # and Sutherland

Loch Knockie and Nearby

Lochs

River Spey-Insh Marshes

Ailsa Craig * # @




(breeding), guillemot (breeding), kittiwake (breeding), razorbill (breeding), seabird assemblage

Common tern (breeding), eider (non-breeding), little tern (breeding), redshank (non-breeding), sandwich tern (breeding), waterfowl assemblage (non-breeding)

Black-throated diver (breeding), common scoter

(breeding), dunlin (breeding), golden plover

(breeding), greenshank (breeding), red-throated diver

(breeding), wigeon (breeding)


Wigeon (breeding)

Gannet (breeding), guillemot (breeding), herring gull

(breeding), kittiwake (breeding), lesser black-backed gull (breeding), seabird assemblage (breeding)


Branta leucopsis

Guillemot (breeding), herring gull (breeding), kittiwake

(breeding), puffin (breeding), shag (breeding), seabird assemblage (breeding)


(breeding), puffin (breeding), razorbill (breeding), seabird assemblage (breeding)


(breeding), Leach's petrel (breeding), puffin

(breeding), razorbill (breeding), seabird assemblage

(breeding)

Common tern (breeding)

March 2015 33


III

III

III

III

III

OSPAR

Region

III

III

III

III

III

III

III

III

III

III

III

III

III

III

III

III

III

SPA Name Features

Gruinart Flats *

Handa * # @

Inner Clyde Estuary *

Inverpolly, Loch Urigill & nearby lochs

Knapdale Lochs

Laggan, Islay

Light-bellied Brent goose (passage)

Fulmar (breeding), great skua (breeding), guillemot


Redshank (non-breeding)



Greenland White-fronted Goose Anser albifrons favirostris ; Branta leucopsis

Lewis Peatlands

Loch Maree

Loch Shiel

Mingulay & Bernaray * # @


Loch of Inch and Torrs Warren Greenland White-fronted Goose Anser albifrons favirostris



(breeding), puffin (breeding), razorbill (breeding), shag


Mointeach Scadabhaigh

Black-throated diver (breeding), dunlin (breeding), golden plover (breeding), greenshank (breeding), redthroated diver (breeding)

Monach Isles

Uplands

#

Muirkirk and North Lowther

Black-throated diver (breeding), red-throated diver

(breeding)

Common tern (breeding), little tern (breeding)

Golden plover (breeding)

North Colonsay and Western

Cliffs * # @

@

North Rona and Sula Sgeir * #

Guillemot (breeding), kittiwake (breeding), seabird assemblage (breeding)

Fulmar (breeding), gannet (breeding), great blackbacked gull (breeding), guillemot (breeding), kittiwake

(breeding), Leach's petrel (breeding), puffin

(breeding), razorbill (breeding), storm petrel


North Uist Machair and Islands

*

Oronsay and South Colonsay Corn crake Crex crex; Red-billed chough Pyrrhocorax pyrrhocorax

Priest Island #

Rinns of Islay

Rum * # @

Storm petrel (breeding)

Common scoter (breeding)

Guillemot (breeding), kittiwake (breeding), manx shearwater (breeding), red-throated diver (breeding), seabird assemblage (breeding)

Shiant Isles * # @

Dunlin (breeding), oystercatcher (breeding), purple sandpiper (non-breeding), redshank (breeding), ringed plover (breeding and non-breeding), turnstone

(non-breeding)


(breeding), puffin (breeding), razorbill (breeding), shag


March 2015 34


OSPAR

Region

III

SPA Name

III

III

III

III

III

III

Features

Sleibhtean agus Cladach

Thirodh

South Uist Machair and Lochs

* #

St Kilda * # @

Treshnish Isles #

Upper Solway Flats and

Marshes *

West Inverness-shire Lochs

Wester Ross Lochs

Dunlin (breeding), oystercatcher (breeding), redshank

(breeding), ringed plover (breeding and nonbreeding), turnstone (breeding)

Dunlin (breeding), little tern (breeding), oystercatcher

(breeding), redshank (breeding), ringed plover

(breeding and non-breeding), sanderling (nonbreeding)


(breeding), guillemot (breeding), kittiwake (breeding),

Leach's petrel (breeding), Manx shearwater

(breeding), puffin (breeding), razorbill (breeding), storm petrel (breeding), seabird assemblage

(breeding)

Storm petrel (breeding)

Bar-tailed godwit (non-breeding), cormorant (nonbreeding), curlew (non-breeding), dunlin (nonbreeding), goldeneye (non-breeding), golden plover

(non-breeding), grey plover (non-breeding), great crested grebe (non-breeding), knot (non-breeding), northern pintail (non-breeding), oystercatcher (nonbreeding), redshank (non-breeding), ringed plover

(non-breeding and passage), scaup (non-breeding), shelduck (non-breeding), waterfowl assemblage (nonbreeding)

Black-throated diver (breeding), common scoter

(breeding)


March 2015 35

Table A3. Draft SPAs with Marine Components

Marine dSPA inshore waters (0-12 nm)

Outer Firth of Forth and Tay Bay

Complex

Ythan Estuary

Moray Firth

Annex 1 species

Red-throated diver

Slavonian grebe

Little Gull

Common tern

Arctic tern

Sandwich tern

Little tern

Great northern diver

Red-throated diver

Slavonian grebe

Pentland Firth and Scapa Flow

North Orkney


Red-throated diver

Black-throated diver

Slavonian grebe

Arctic tern


Slavonian grebe

Red-throated diver

Migratory species

Common eider

Long-tailed duck

Common Scoter

Velvet scoter

Goldeneye

Red-breasted merganser

Northern gannet

Manx shearwater

European shag

Black-legged kittiwake

Common guillemot

Razorbill

Atlantic puffin

Black-headed gull

Common gull

Herring gull

Scaup

Common eider

Long-tailed duck

Common scoter

Velvet scoter

Common goldeneye


European shag

European shag

Common guillemot

Common eider

Long-tailed duck

Common goldeneye


Common eider

Long-tailed duck

Velvet Scoter

36

Marine dSPA Annex 1 species

Arctic tern

East Mainland Coast, Shetland

Fetlar

Slavonian grebe

Red-throated diver

West Coast of the Outer Hebrides Great northern diver

Red-throated diver

Black-throated diver

Slavonian grebe

Rum

Sea of the Hebrides, Coll and

Tiree

Sound of Gigha


Red-throated diver

Red-throated diver



Solway Firth Red-throated diver

Offshore waters (12-200 nm)

Seas off St Kilda

Seas off Foula

Migratory species


European shag

Common eider

Long-tailed duck


Common eider

Long-tailed duck


Common eider

Common eider


Common scoter

Goosander

Northern gannet

Northern fulmar

European storm-petrel

Common guillemot

Atlantic puffin

Great skua

Northern fulmar

Arctic skua

Common guillemot

Atlantic puffin

37

Appendix B. National Marine Plan General Policies

All these policies are general in nature. None of them direct activities to a particular location, or provide for them to be carried out in a particular way. Nor are they linked to a European site. In consequence, none of the policies will result in effects on European sites. They have therefore been screened out under screening step 1.

General Policies – All text in Chapter 4 should be considered as planning policy, applying to all marine development / use.

Appraisal of General Policies

GEN 1 General planning principle : There is a presumption in favour of sustainable development and use of the marine environment when consistent with the policies and objectives of this

Plan.

This policy is general in nature. Although it provides a “presumption in favour of sustainable development and use”, it does not direct activities to a particular location, or provide for them to be carried out in a particular way. Nor is it linked to a European site. In consequence, it will not affect a European site and can therefore be screened out under screening step 1.

Note: This policy supports development and use of the marine environment that is sustainable.

By definition, therefore, environmental (including Natura) factors must be taken into consideration in planning and decision-making. Further protection of Natura interests is provided by GEN 9.

GEN 2 Economic benefit : Sustainable development and use which provides economic benefit to Scottish communities is encouraged when consistent with the objectives and policies of the

Plan.

The policy is general in nature. It does not direct activities to a particular location, or provide for them to be carried out in a particular way. Nor is it linked to a European site. In consequence, it will not affect a European site and can therefore be screened out under screening step 1.

Note: This policy supports sustainable development and use that provides economic benefits.

However, such development/use is also subject to the other General Policies including GEN 9.

GEN 3 Social benefit: Sustainable development and use which provides social benefits is encouraged when consistent with the objectives and policies of the Plan.

The policy is general in nature. It does not direct activities to a particular location, or provide for them to be carried out in a particular way. Nor is it linked to a European site. In consequence, it will not affect a European site and can therefore be screened out under screening step 1 .

Note: This policy supports sustainable development and use that provides social benefits.

However, such development/use is also subject to the other General Policies including GEN 9.

GEN 4 Co-existence : Proposals which enable coexistence with other development sectors and activities within the Scottish marine area are encouraged in planning and decision-making processes, when consistent with policies and objectives of this Plan.

This policy is general in nature. This policy is general in nature. It does not direct activities to a particular location, or provide for them to be carried out in a particular way. Nor is it linked to a

European site. In consequence, it will not affect a European site and can therefore be screened out under screening step 1.

38


GEN 5 Climate change climate change.

: Marine planners and decision makers must act in the way best calculated to mitigate, and adapt to,


This policy is general in nature. It does not direct activities to a particular location, or provide for them to be carried out in a particular way. Nor is it linked to a European site. In consequence, it will not affect a European site and can therefore be screened out under screening step 1.

GEN 6 Historic environment : Development and use of the marine environment should protect and, where appropriate, enhance heritage assets in a manner proportionate to their significance.


GEN 7 Landscape/seascape : Marine planners and decision makers should ensure that development and use of the marine environment take seascape, landscape and visual impacts into account.


GEN 8 Coastal process and flooding : Developments and activities in the marine environment should be resilient to coastal change and flooding, and not have unacceptable adverse impact on coastal processes or contribute to coastal flooding.

GEN 9 Natural heritage : Development and use of the marine environment must

(a) Comply with legal requirements for protected areas and protected species.

(b) Not result in significant impact on the national status of Priority

Marine Features.

(c) Protect and, where appropriate, enhance the health of the marine area.


This policy sets out clear requirements regarding planning and decision-making that has the potential to have a significant effect on European sites. It does not direct activities to a particular location, or provide for them to be carried out in a particular way. Nor is it linked to a European site. In consequence, it will not affect a European site and can therefore be screened out

under screening step 1.

Policy GEN9 is part of the Living Within Environmental Limits policies. With regards to an overarching, general protection policy in line with section 11 of the HRA Advice Sheet 2 22 , the policy states that “any development plan or proposal likely to have a significant effect on these sites which is not directly connected with or necessary to their conservation management must be subject to an “appropriate assessment” of the implications for the conservation objectives. Such plans or proposals may only be approved if the competent authority has ascertained by means of an “appropriate assessment” that there will be no adverse effect on the integrity of the site”.

22 Habitat Regulations Appraisal Advice Sheet – Screening general policies and applying simple mitigation measures. Available at http://www.scotland.gov.uk/Resource/0041/00415048.pdf

39



GEN 10 Invasive non-native species : Opportunities to reduce the introduction of invasive non-native species to a minimum or proactively improve the practice of existing activity should be taken when decisions are being made.


GEN 11 Marine Litter : Developers, users and those accessing the marine environment must take measures to address marine litter where appropriate. Reduction of litter must be taken into account by decision makers


GEN 12 Water quality and resource : Developments and activities should not result in a deterioration of the quality of waters to which the Water Framework Directive, Marine Strategy Framework

Directive or other related directives apply.


Note: Reductions in water quality may exert adverse effects on the qualifying interests of

European sites. This policy takes such issues into account and works together with the other

General Policies, including GEN9, to protect Natura interests.

GEN 13 Noise : Development and use in the marine environment should avoid significant adverse effects of man-made noise and vibration, especially on species sensitive to such effects.

GEN 14 Air quality : Development and use of the marine environment should not result in the deterioration of air quality and should not breach any statutory air quality limits.


Note: Increases in noise and/or vibration may exert adverse effects on the qualifying interests of

European sites. This policy takes such issues into account and works together with the other

General Policies, including GEN9, to protect Natura interests.


Note: Reductions in air quality may exert adverse effects on the qualifying interests of European sites. This policy takes such issues into account and works together with the other General

Policies, including GEN9, to protect Natura interests.

40


GEN 15 Planning alignment A : Marine and terrestrial plans should align to support marine and land-based components required by development and seek to facilitate appropriate access to the shore and sea.



GEN 16 Planning alignment B : Marine plans should align and comply where possible with other statutory plans and should consider objectives and policies of relevant non-statutory plans where appropriate to do so. <applies to inshore waters only>


GEN 17 Fairness : All marine interests will be treated with fairness and in a transparent manner when decisions are being made in the marine environment.


GEN 18 Engagement : Early and effective engagement should be undertaken with the general public and all interested stakeholders to facilitate planning and consenting processes.


GEN 19 Sound evidence : Decision making in the marine environment will be based on sound scientific and socio –economic evidence.


GEN 20 Adaptive management : Adaptive management practices should take account of new data and information in decision making, informing future decisions and future iterations of policy.


GEN 21 Cumulative impacts: Cumulative impacts affecting the ecosystem of the marine plan area should be addressed in decision-making and plan implementation .


41

Appendix C. National Marine Plan Sectoral Policies

42

6. SEA FISHERIES

The qualifying interests of European marine sites that may be affected by aquaculture activities comprise Atlantic salmon; benthic habitats /species; birds; bottlenose dolphins; and grey and common seals. Potential effects on these qualifying interests comprise:





Mobile gear: bottom-contact mobile gear has the potential to adversely affect sensitive benthic habitats/ species 23 , as the dragging of the gear on the seabed can result in damage, abrasion, loss of individuals, etc. The use of mobile gear in estuaries e.g. suction dredging for cockles can also damage European marine site habitats (estuaries, bays, sandbanks). There is also potential for smothering of benthic habitats/species, as sediments disturbed by bottom-contact mobile gear settle out of the water column or are displaced by dredging gear.

Static gear: the setting and hauling of static gear may cause surface abrasion to very sensitive habitats e.g. reef, depending on the intensity of fishing and the recovery rates of the species involved.















Competition for resources: fishing for certain target species can reduce the availability of food for predator species (e.g. birds, bottlenose dolphins) and can also lead to increased competition among foraging birds.

There is potential for bycatch of Atlantic salmon by pelagic fisheries.

There is also potential for bycatch and/or entanglement of marine mammals (grey and common seals) and birds in nets (both mobile and static; also ghost nets). This inadvertent capture in fishing gear often results in drowning.

Risk of collision between fishing vessels and bottlenose dolphins, grey and common seals.

Potential for introduction and/or dispersal of non-native invasive species.

Disturbance of birds, both on the foreshore and at sea, including by hand-gathering e.g. for cockles, by displacing them from feeding or resting areas.

Potential adverse effects of discards, e.g. by increasing numbers of large predatory species such as gulls and skuas.

All of the sea fisheries sectoral marine planning policies are general in nature. None of them direct sea fisheries activities to a particular location, or provide for them to be carried out in a particular way. They are not linked to a European site, and have therefore been screened out of the appraisal under screening step 1.

23 e.g. biogenic reef habits (maerl, horse mussel bed); maerl beds, reefs and sandbanks in the Firth of Lorn SAC; large shallow inlets and bays in Loch Creran and Luce Bay SACs

43

6 Sea Fisheries Sectoral Marine Planning Policies

FISHERIES 1: Taking account of the EU’s Common Fisheries Policy, Habitats Directive, Birds

Directive and Marine Strategy Framework Directive, marine planners and decision makers should aim to ensure:





Existing fishing opportunities and activities are safeguarded wherever possible.

An ecosystem-based approach to the management of fishing which ensures sustainable

 and resilient fish stocks and avoids damage to fragile habitats.

Protection for vulnerable stocks (in particular for juvenile and spawning stocks through continuation of sea area closures where appropriate).

 Improved protection of the seabed and historical and archaeological remains requiring protection through effective identification of high-risk areas and management measures to

 mitigate the impacts of fishing, where appropriate.

That other sectors take into account the need to protect fish stocks and sustain healthy



 fisheries for both economic and conservation reasons.

Delivery of Scotland’s international commitments in fisheries, including the ban on discards.

Mechanisms for managing conflicts between fishermen and/or between the fishing sector and other users of the marine environment.

FISHERIES 2: The following key factors should be taken into account when deciding on uses of the marine environment and the potential impact on fishing:

 The cultural and economic importance of fishing, in particular to vulnerable coastal communities.

 The potential impact (positive and negative) of marine developments on the sustainability of fish and shellfish stocks and resultant fishing opportunities in any given area.

 The environmental impact on fishing grounds (such as nursery, spawning areas), commercially fished species, habitats and species more generally.

 The potential effect of displacement on: fish stocks; the wider environment; use of fuel; socio-economic costs to fishers and their communities and other marine users.

FISHERIES 3: Where existing fishing opportunities or activity cannot be safeguarded, a

Fisheries Management and Mitigation Strategy should be prepared by the proposer of development or use, involving full engagement with local fishing interests (and other interests as appropriate) in the development of the Strategy. All efforts should be made to agree the

Strategy with those interests. Those interests should also undertake to engage with the proposer and provide transparent and accurate information and data to help complete the

Strategy. The Strategy should be drawn up as part of the discharge of conditions of permissions granted.

Screening Result

FISHERIES 1 sets out criteria to be used by marine planners and decision-makers. This decision-making framework may be of benefit to the qualifying interests of

European sites e.g. through avoidance of damage to fragile habitats and improved protection of the sea bed. At this national level, the general nature of the policy and the criteria means that they have no connectivity or link to any

European sites. The policy has therefore been screened out of the appraisal under screening step 1 . It is likely that regional marine plans, which are expected to contain more detailed and/or spatial policies and proposals, will require

HRA.

FISHERIES 2 provides the criteria for considering the effects of uses of the marine environment on the sea fisheries industry. Although some of the criteria may be of benefit to qualifying species/habitats (particularly benthic) – i.e. consideration of the environmental impact on fishing grounds and habitats and species more generally - they are general in nature and not linked to a European site.

FISHERIES 2 has therefore been screened out of the appraisal under screening step 1 .

FISHERIES 3 requires preparation of a Fisheries

Management and Mitigation Strategy, in cases where sea fisheries cannot be safeguarded. Although it may have some benefits for qualifying interests (i.e. requiring that the environmental effects of fisheries displacement are identified and mitigated), it is general in nature and is not linked to a European site. FISHERIES 3 has therefore been screened out of the appraisal under s creening step 1 .

44

6 Sea Fisheries Sectoral Marine Planning Policies

The content of the Strategy should be relevant to the particular circumstances and could include:

 An assessment of the potential impact of the development or use on the affected fishery or fisheries, both in socio-economic terms and in terms of environmental sustainability.

 A recognition that the disruption to existing fishing opportunities/activity should be minimised as far as possible.

 Reasonable measures to mitigate any constraints which the proposed development or use may place on existing or proposed fishing activity.

 Reasonable measures to mitigate any potential impacts on sustainability of fish stocks (e.g. impacts on spawning grounds or areas of fish or shellfish abundance) and any socioeconomic impacts.

Where it does not prove possible to agree the Strategy with all interests, the reasons for any divergence of views between the parties should be fully explained in the Strategy and dissenting views should be given a platform within the Strategy to make their case.

FISHERIES 4: Ports and harbours should seek to engage with fishing and other relevant stakeholders at an early stage to discuss any changes in infrastructure that may affect them.

Any port or harbour developments should take account of the needs of the dependent fishing fleets with a view to avoiding commercial harm where possible. Where a port or harbour has reached a minimum level of infrastructure required to support a viable fishing fleet, there should be a presumption in favour of maintaining this infrastructure, provided there is an ongoing requirement for it to remain in place and that it continues to be fit for purpose.

FISHERIES 5: Inshore Fisheries Groups (IFGs) should work with all local stakeholders with an interest to agree joint fisheries management measures. These measures should inform and reflect the objectives of regional marine plans. <applies to inshore waters>

Screening Result

FISHERIES 4 sets out requirements of the port sector, in relation to the provision of infrastructure to support the sea fisheries industry. It is general in nature and is not linked to a European site. FISHERIES 4 has therefore been screened out of the appraisal under screening step 1 .





Regional Policy: Regional marine plans should consider:

 Whether they require to undertake further work on any data gaps in relation to fishing

 activity within their region.

The potential socio-economic impacts for the local fishing industry – and parts of the industry using their area – of any proposed activity or conservation measure.

How to include local Inshore Fisheries Groups as a key part of their planning process.

The potential consequences and impacts for other marine regions; and for offshore regions

 of their approach to planning for fisheries.

Taking account of ongoing local initiatives, such as Clyde 2020, which may be relevant to their work. <applies to inshore waters only>

FISHERIES 5 sets out a requirement for IFGs to work with others in identifying and agreeing inshore fisheries management measures. However, it is general in nature and is not linked to a European site. FISHERIES 4 has therefore been screened out of the appraisal under screening step 1 .

Sea fisheries issues for the regional marine plans to consider are set out in this policy. However, they are general in nature and are not linked to a European site. The regional policy has therefore been screened out of the appraisal under screening step 1 .

45

7. AQUACULTURE

The qualifying interests of European marine sites that may be affected by aquaculture activities comprise Atlantic salmon; benthic habitats /species; birds; and grey and common seals. Potential effects are discussed in the following paragraphs.

Concerns about the influence of salmonid finfish aquaculture on Atlantic salmon populations centre on:





The potential effects of sea-lice: wild fish may become infested by sea lice of farm origin, to the detriment of physiological condition.

Escapes of farmed fish: escaped salmonids have the potential to interact with Atlantic salmon populations through interbreeding, competition for resources and/or displacement, and transfer of parasites or disease.

There are also concerns around the potential for introduction of invasive non-native species from aquaculture operations.

Effects on benthic habitat/species can range from disturbance of the benthic community to changes in community structure, from:

 Increased sedimentation and organic enrichment, resulting from the settling out from the water column of faecal matter and/or



 excess feed. This can lead to changes in sediment composition and chemical changes (e.g. deoxygenation), with consequent changes to benthic community structure, including species diversity, abundance and biomass, e.g. the replacement of benthic fauna by opportunistic polychaetes.

Anchoring of cages, which can result in physical damage to benthic habitats/species.

Changes to water quality resulting from aquaculture operations, including nutrient enrichment (ammonia, nitrate, phosphate) and increased levels of chemicals and medicines. The former is unlikely to affect benthic habitats 24 , etc. The latter may have



 detrimental effects.

Large enclosures may also affect light penetration and current circulation, with implications for benthic habitats/species.

Reduction of carrying capacity of the water body.

Fish farms may attract predators (piscivorous birds, aquatic mammals), and these may be affected by predator controls e.g. entanglement in nets, removal etc. Birds may also be disturbed by operational light and noise, and/or by human presence. The presence of infrastructure in the water is also likely to result in local displacement.

24 EU Commission guidance, page 26

46

7 Aquaculture Sectoral Marine Planning Policies

AQUACULTURE 1: Marine planners and decision makers should seek to identify appropriate locations for future aquaculture development and use, including the potential use of development planning briefs as appropriate.

System carrying capacity (at the scale of a water body or loch system) should be a key consideration.

AQUACULTURE 2: Marine and terrestrial development plans should jointly identify areas which are potentially suitable and sensitive areas which are unlikely to be appropriate for such development, reflecting

Scottish Planning Policy and any Scottish Government guidance on the issue. There is a continuing presumption against further marine finfish farm developments on the north and east coasts to safeguard migratory fish species. (Map 6)

AQUACULTURE 3: In relation to nutrient enhancement and benthic impacts, as set out under Locational Guidelines for the Authorisation of

Marine Fish Farms in Scottish Waters, fish farm development is likely to be acceptable in Category 3 areas, subject to other criteria being satisfied. A degree of precaution should be applied to consideration of further fish farming development in Category 2 areas and there will be a presumption against further fish farm development in Category 1 areas.

(Map 6)

AQUACULTURE 4: There is a presumption that further sustainable expansion of shellfish farms should be located in designated shellfish waters 25 if these have sufficient capacity to support such development.

Screening Results

This policy will have benefits for biodiversity, including the qualifying interests of

European sites. However, as it is general in nature, it has been screened out of the appraisal under screening step 1 .

The identification of areas which are potentially suitable for aquaculture development, including sensitive areas which are unlikely to be appropriate, is likely to have benefits for biodiversity, including the qualifying interests of

European sites. However, as it is general in nature, it has been screened out of the appraisal under

HRA.) screening step 1 . (Note: the identification of such areas in regional marine plans and/or terrestrial development plans would likely require

The continuing presumption against marine finfish farm development on the north and east coasts means that finfish aquaculture will be located on the west coast of Scotland, the Outer Hebrides, Orkney and/or Shetland. However, this policy’s promotion of change is too general to predict effects on any particular

European site. It has therefore been screened out under screening step 3(e) .

These locational guidelines relate to nutrient enrichment and benthic impact.

The policy will therefore have benefits for these aspects of biodiversity, and the flora/fauna affected by them, including the qualifying interests of European sites.

However, the effects of this policy on any particular European site cannot be identified, because the policy is too general. It has therefore been screened out under screening step 3(e) .

Note: The location of fish farm development in Category 3 areas does not mean that applications for planning permission, marine licences, etc will automatically be consented.

The appropriate quality of water is a key requirement of shellfish aquaculture.

This policy facilitates achievement of this requirement. Designated shellfish waters are mainly located on the west coast of Scotland, the Outer Hebrides,

Orkney and/or Shetland, so it is likely that the majority of shellfish farms will be situated in these locations. However, the effects of this policy on any particular

European site cannot be identified, because the policy is too general. It has therefore been screened out under screening step 3(e) .

25 The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013 http://www.legislation.gov.uk/ssi/2013/324/contents/made

47


AQUACULTURE 5: Aquaculture developments should avoid and/or mitigate adverse impacts upon the seascape, landscape and visual amenity of an area, following SNH guidance 26 on the siting and design of aquaculture.

AQUACULTURE 6: New aquaculture sites should not bridge Disease

Management Areas 27 although boundaries may be revised by Marine

Scotland to take account of any changes in fish farm location, subject to the continued management of risk.

AQUACULTURE 7: Operators and regulators should continue to utilise a risk based approach to the location of fish farms and potential impacts on wild fish.


This policy will have benefits for landscape and visual resources. However, as it is general in nature, it has been screened out of the appraisal under screening step 1 .

This policy is intended to protect the health of farmed salmon. It would also act to reduce the exposure of wild salmon to disease, and may therefore have benefit for Atlantic salmon from the 17 SACs in Scotland. However, as it is general in nature, it has been screened out of the appraisal under screening step 1 .

This policy focuses on the prevention of adverse effects on wild fish, and may therefore have benefit for Atlantic salmon from the 17 SACs in Scotland.

However, as it is general in nature, it has been screened out of the appraisal under screening step 1 .

This policy is intended to protect seals from harassment and/or unlawful killing. It may therefore have benefit for grey and common seals from SACs in Scotland.


AQUACULTURE 8: Guidance on harassment at designated seal haul out sites 28 should be taken into account and seal conservation areas should also be taken into account in site selection and operation. Seal licences will only be granted where other management options are precluded or have proven unsuccessful in deterrence.

AQUACULTURE 9: Consenting and licensing authorities should be satisfied that appropriate emergency response plans are in place.

AQUACULTURE 10: Operators should carry out pre-application discussion and consultation, and engage with local communities and others who may be affected, to identify and, where possible, address any concerns in advance of submitting an application.

This policy is intended to limit the damage to water quality/ecological status (e.g. seabed) on which ecosystems/species depend, and may therefore have benefit for those qualifying interests of European sites that depend on water quality.


This policy may have benefits for the qualifying interests of European sites, by encouraging early engagement with Scottish Natural Heritage so that the necessary information is available to the developer at an early stage in the development process. However, as it is general in nature, it has been screened out of the appraisal under screening step 1 .

26 The siting and design of aquaculture in the landscape: visual and landscape considerations. Scottish Natural Heritage. http://www.snh.org.uk/pdfs/publications/heritagemanagement/marineaquaculture.pdf

27 Disease Management Areas. Scottish Government. http://www.scotland.gov.uk/Topics/marine/Fish-Shellfish/FHI/managementagreement

28 Designated seal haul-out sites and Guidance on Harassment at Seal Haul Out Sites. http://www.scotland.gov.uk/Topics/marine/marineenvironment/species/19887/20814/haulouts

48


AQUACULTURE 11: Aquaculture equipment, including but not limited to installations, facilities, moorings, pens and nets, must be fit for purpose for the site conditions, subject to future climate change. Any statutory technical standard must be adhered to. Equipment and activities should be optimised in order to reduce greenhouse gas emissions.

AQUACULTURE 12: biological controls for sea lice (such as farmed wrasse) will be encouraged.

Applications which promote the use of sustainable

AQUACULTURE 13: Proposals that contribute to the diversification of farmed species will be supported, subject to other objectives and policies being satisfied.

AQUACULTURE 14: The Scottish Government, aquaculture companies and Local Authorities should work together to maximise benefit to communities from aquaculture development.

Regional Policy: Regional marine plans should consider the potential for sustainable growth of aquaculture in their region, taking into account the policies set out above, and working in close partnership with terrestrial planners, SEPA, Marine Scotland, SNH and other regulators . <applies to inshore waters only>


This policy may have benefits for Atlantic salmon that are qualifying features of

European sites, by preventing escapes (see Introduction for impacts of escapes).


This policy is intended to limit the damage to water quality/ecological status (e.g. seabed) on which ecosystems/species depend, and may therefore have benefit for those qualifying interests of European sites that depend on water quality.


This policy focuses on economic benefits. However, as it is general in nature, it has been screened out of the appraisal under screening step 1 .

This policy focuses on economic and community benefits. However, as it is general in nature, it has been screened out of the appraisal under step 1 . screening

The continuing presumption against marine finfish farm development on the north and east coasts and the presumption that further sustainable expansion of shellfish farms should be located in designated shellfish waters together suggest that finfish and shellfish aquaculture will be located on the west coast of

Scotland, the Outer Hebrides, Orkney and/or Shetland. The identification of the potential for sustainable growth of aquaculture is likely to have benefits for biodiversity, including the qualifying interests of European sites, by avoiding sensitive areas that are unlikely to be appropriate for aquaculture development.

However, the effects of this policy on any particular European site cannot be identified, because the policy is too general. It has therefore been screened out under screening step 3(e) . (Note: the identification of such areas in regional marine plans and/or terrestrial development plans would likely require HRA.)

49

8. WILD SALMON AND DIADROMOUS FISH

Atlantic salmon and other migratory fish species (e.g. lamprey) are qualifying interests of European sites that may be affected by activities in the marine environment. Details are provided in the relevant assessment tables in this appendix.

8 Wild Salmon and Diadromous Fish Sectoral Marine Planning

Policies

Wild Fish 1: The impact of development and use of the marine environment on diadromous fish species should be considered in marine planning and decision making processes. Where evidence of impacts on salmon and other diadromous species is inconclusive, mitigation should be adopted where possible and information on impacts on diadromous species from monitoring of developments should be used to inform subsequent marine decision making


This policy is directed to the potential effects of marine planning and decisionmaking on wild salmon and diadromous fish. This may have benefits for the qualifying interests of European sites. However, the policy is general in nature and is not linked to a European site. It has therefore been screened out of the appraisal under screening step 1 . It is likely that regional marine plans, which are expected to contain more detailed and/or spatial policies and proposals, will require HRA, as will development proposals.

50













9. OIL AND GAS

The qualifying interests of European sites that may be affected by oil and gas activities comprise benthic habitats/species (offshore) and birds, common and grey seals, bottlenose dolphins, Atlantic salmon etc, that may be affected by onshore and landfall infrastructure. Potential effects comprise:

 damage to and/or loss of benthic habitat to infrastructure, underwater pipelines, etc smothering of benthic habitat through siltation etc discharge of water-based drilling muds may affect benthic habitats/species discharges to sea may adversely affect water quality - e.g. “produced water” (containing oil, heavy metals, etc); increased turbidity from installation/ dredging - with consequent effects on benthic habitats/species accidental spills from offshore installations, during refuelling and transport or from collisions will likely adversely affect water quality, with consequent effects on benthic habitats/species loss of coastal habitat from onshore and landfall infrastructure, with consequent effects on e.g. birds disturbance of species/habitats during construction of onshore and landfall infrastructure

9 Oil and Gas Sectoral Marine Planning Policies

OIL & GAS 1: The Scottish Government will work with DECC, the new

Oil and Gas Authority and the industry to maximise and prolong oil and gas exploration and production whilst ensuring that the level of environmental risks associated with these activities are regulated. Activity should be carried out using the principles of Best Available Technology

(BAT) and Best Environmental Practice. Consideration will be given to key environmental risks including the impacts of noise, oil and chemical contamination and habitat change.

OIL & GAS 2: Where re-use of oil and gas infrastructure is not practicable, either as part of oil and gas activity or by other sectors such as carbon capture and storage, decommissioning must take place in line with standard practice, and as allowed by international obligations. Reuse or removal of decommissioned assets from the seabed will be fully supported where practicable and adhering to relevant regulatory process.


This policy requires that environmental risks associated with oil and gas exploration and production are regulated, which would benefit the qualifying interests of European sites by ensuring that they are taken into account (and avoided) in the planning and decision-making process. However, the policy is general in nature. It does not direct activities to a particular location; its direction on how activities should be undertaken is limited to general principles. Nor is it linked to a European site. In consequence, it has been screened out of the appraisal under screening step 1 .

This policy requires that decommissioning is undertaken in line with international obligations as well as standard practice, which would benefit the qualifying interests of European sites by ensuring that they are taken into account (and avoided) in the planning and decision-making process. However, the policy is general in nature. It does not direct activities to a particular location; its direction on how activities should be undertaken is limited to general principles. Nor is it linked to a European site. In consequence, it has been screened out of the appraisal under screening step 1 .

51

9 Oil and Gas Sectoral Marine Planning Policies

OIL & GAS 3: Supporting marine and coastal infrastructure for oil and gas developments, including for storage, should utilise the minimum space needed for activity and should take into account environmental and socio-economic constraints.

OIL & GAS 4: All oil and gas platforms will be subject to 9 nautical mile consultation zones in line with Civil Aviation Authority guidance 29 .

OIL & GAS 5: Consenting and licensing authorities should have regard to the potential risks, both now and under future climates, to oil and gas operations in Scottish waters, and be satisfied that installations are appropriately sited and designed to take account of current and future conditions.

OIL & GAS 6: Consenting and licensing authorities should be satisfied that adequate risk reduction measures are in place, and that operators should have sufficient emergency response and contingency strategies in place that are compatible with the National Contingency Plan 30 and the

Offshore Safety Directive.



This policy requires that in frastructure “footprints” be kept to a minimum, taking environmental constraints into account, which would benefit the qualifying interests of European sites by ensuring that they are taken into account (and avoided) in the planning and decision-making process. However, the policy is general in nature. It does not direct activities regarding a particular location or how they should be undertaken. Nor is it linked to a European site. In consequence, it has been screened out of the appraisal under screening step 1 .

This policy is general in nature and is not linked to a European site. In consequence, it has been screened out of the appraisal under screening step 1 .

This policy requires that existing and future operational risks be identified and managed, which would benefit the qualifying interests of European sites by ensuring that they are taken into account (and avoided) in the planning and decision-making process. However, the policy is general in nature. It does not direct activities regarding a particular location or how they should be undertaken.

Nor is it linked to a European site. In consequence, it has been screened out of the appraisal under screening step 1 .

This policy requires that existing and future operational risks be identified and managed, which would benefit the qualifying interests of European sites by ensuring that they are taken into account (and avoided) in the planning and decision-making process. However, the policy is general in nature. It does not direct activities regarding a particular location or how they should be undertaken.

Nor is it linked to a European site. In consequence, it has been screened out of the appraisal under screening step 1 .

This policy is general in nature and is not linked to a European site. It has therefore been screened out of the appraisal under screening step 1 .





The positive and negative impacts of any oil and gas activity in their area and the implications for other development and use.

The implications of the transition to a low carbon economy for their area including the longer term reduction of oil and gas activity, but also incorporating opportunities to re-use existing infrastructure and promote skills transfer to support emerging industries such as renewables and CCS. <applies to inshore waters only>

29 Civil Aviation Authority Policy and Guidance on Wind Turbines. CAP 764. Civil Aviation Authority 2013. http://www.caa.co.uk/docs/33/cap764.pdf

30 The National Contingency Plan. A Strategic Overview for Responses to marine Pollution from Shipping and Offshore Installations. UK Government. 2014 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/349610/140829-NCP-Final_Draft-PreDragon.pdf

52

10. CARBON CAPTURE AND STORAGE

The qualifying interests of European marine sites that may be affected by carbon capture and storage activities both offshore and in coastal waters comprise Atlantic salmon and other qualifying fish species; benthic habitats /species; birds; bottlenose dolphins; and grey and common seals. Potential effects on these qualifying interests comprise:







 damage to and/or loss of benthic habitat to underwater pipelines, supporting infrastructure smothering of benthic habitat through siltation etc changes to benthic habitat/species composition resulting from changes to chemical composition of sediment as a consequence of local acidification local acidification of water column caused by leakage from CO

2

reservoir (uncertain) - with consequent effects on benthic habitats/species



 reduction in water quality - from e.g. accidental spills, collisions etc; increased turbidity from installation/ dredging - with consequent effects on benthic habitats/species damage to and/or loss of coastal habitat from onshore and landfall infrastructure, with consequent effects on e.g. birds

10 Carbon Capture and Storage Sectoral Marine Planning Policies Screening Results

CCS 1: CCS commercialisation projects or developments should be supported through an alignment of marine and terrestrial planning processes, particularly where proposals allow timely deployment of CCS to re-use suitable existing redundant oil and gas infrastructure.

CCS 2: Consideration should be given to the development of marine utility corridors which will allow CCS to capitalise, where possible, on current infrastructure in the North Sea, including shared use of spatial corridors and pipelines.

Regional Policy: Regional marine plans should consider the potential for

CCS commercialisation within their area, particularly in light of the expected future activity set out in NPF3. <applies to inshore waters only>

This policy has been screened out of the appraisal under screening step 2 , as the appraisal for this sector was conducted by the HRA of National Planning

Framework 3.

This policy may have benefits for the qualifying interests of European sites by reducing the “footprint” of CCS activities to existing spatial corridors/pipelines, thereby avoiding adverse effects. However, this policy is general in nature and is not linked to a European site. It has therefore been screened out of the appraisal under screening step 1 .

This policy has been screened out of the appraisal under screening step 2 , as the appraisal for this sector was conducted by the HRA of National Planning

Framework 3.

53

11. OFFSHORE WIND AND MARINE RENEWABLE ENERGY

The qualifying interests of European marine sites that may be affected by offshore wind and marine renewable energy activities comprise Atlantic salmon and other qualifying fish species; benthic habitats /species; birds; bottlenose dolphins; and grey and common seals. Potential effects on these qualifying interests comprise:















 disturbance and/or injury to bottlenose dolphins, Atlantic salmon and other qualifying migratory fish species from underwater noise/ vibration disturbance and/or displacement of seabirds from visual and light intensity changes, water quality changes, habitat disturbance, presence of devices injury to common and grey seals, bottlenose dolphins from collision with vessels, devices, etc injury and/or death to seabirds, qualifying fish interests from collision with devices, turbine blades barriers to movement of common and grey seals; bottlenose dolphins; qualifying migratory fish species from e.g. cables, moorings, devices etc damage and/or loss of benthic habitats/ species from devices smothering of benthic habitats/ species from e.g. dredging water quality changes with consequent effects on qualifying interests, including: increased turbidity during device installation, dredging operations/ aggregate extraction, etc; potential release of contaminated materials from dredged material; oil/chemical spills e.g. from collisions between vessels and devices; accidental spills during installation etc changes to wave energy and sediment dynamics from tidal devices, with consequent effects for benthic habitats/ species 

11 Offshore Wind and Marine Renewable Energy Sectoral Marine

Planning Policies

SPATIAL PLANNING

RENEWABLES 1: Proposals for commercial scale offshore wind and marine renewable energy development should be sited in the Plan Option areas identified through the Sectoral Marine Plan process (Map 9). Plan

Options are considered the preferred strategic locations for the sustainable development of offshore wind and marine renewables. This preference should be taken into account by marine planners and decision makers if alternative development or use of these areas is being considered. Proposals are subject to licensing and consenting processes.


HRA of the Sectoral Marine Plans for Offshore Wind, Wave and Tidal Energy in

Scottish Waters has been undertaken by Marine Scotland. In consequence, this policy has been screened out of the appraisal under screening step 2 .

54



RENEWABLES 2: Sites with agreements for lease for wave and tidal energy development in the Pentland Firth Strategic Area must be taken into account by marine planners and decision makers if alternative use of these areas, or use which would affect access to these areas, is being considered . Proposals are subject to licensing and consenting processes. Regional Locational Guidance and the Pentland Firth and

Orkney Waters Marine Spatial Plans should also be taken into account when reaching decisions.

RENEWABLES 3: Marine planners and decision makers should consider proposals for sustainable development of test and demonstration sites for offshore wind and marine renewable energy development on a case-bycase basis where sites are identified. This preference should be taken into account by marine planners and decision makers if alternative development or use of these areas is being considered. Regional

Locational Guidance should be taken into account and proposals are subject to licensing and consenting processes.


This policy highlights the need to take wave and tidal energy leases in the

Pentland Firth Strategic Area into account in marine planning and decisionmaking. Note that HRA of the Pentland Firth Strategic Area was undertaken by

The Crown Estate in 2010. In consequence, this policy has been screened out of the appraisal under screening step 2 .

This policy requires that proposals for test and demonstration sites be considered on a case-by-case basis, taking Regional Locational Guidance into account. Planning and/or decision-making around such proposals will also need to take account of the Natio nal Marine Plan’s General Policies. For the qualifying interests of European sites, GEN9 will apply. It is likely that such proposals would require HRA.

This policy does not direct activity to a particular location, or how it should be undertaken. Nor is it connected to a European site. It has therefore been screened out of appraisal under screening step 1 .


MARINE LICENSING

RENEWABLES 4: Applications for marine licences and consents relating to offshore wind and marine renewable energy projects should be made in accordance with the Marine Licensing Manual and Marine Scotland’s

Licensing Policy Guidance.

RENEWABLES 5: Marine planners and decision makers must ensure that renewable energy projects demonstrate compliance with

Environmental Impact Assessment and Habitats Regulations Appraisal 31 legislative requirements.

RENEWABLES 6: New and future planned grid connections should align with relevant sectoral and other marine spatial planning processes, where appropriate, to ensure a co-ordinated and strategic approach to grid planning. Cable and network owners and marine users should also take a joined-up approach to development and activity to minimise impacts on the marine historic and natural environment and other users.



31 General Policy 9: Living within Environmental Limits - Natura 2000 Sites – P/33 is relevant here.

55









RENEWABLES 7: Marine planners and decision makers should ensure infrastructure is fit for purpose now and in future. Consideration should be given to the potential for climate change impacts on coasts vulnerable to erosion.

RENEWABLES 8: Developers bringing forward proposals for new developments must actively engage at an early stage with the general public and interested stakeholders of the area to which the proposal relates and of adjoining areas which may be affected.

RENEWABLES 9: Marine planners and decision makers should support the development of joint research and monitoring programmes for offshore wind and marine renewables energy development

RENEWABLES 10: Good practice guidance for community benefit from offshore wind and renewable energy development should be followed by developers, where appropriate.








Further assessing Plan Options areas against local/updated data knowledge to identify development potential, interactions and compatibility.

Co-ordinating and developing a better understanding of the interactions between the sector and the environment and other users.

Ensuring better alignment between marine and terrestrial planning.

Links to relevant terrestrial plans.

Grid requirements and onshore infrastructure for grid. Links to strategic grid initiatives and engagement with these, e.g. the North Sea

Countries Offshore Grid Initiative 32 could also be supported by regional marine planning.

Co-ordinating with the Crown Estate on leasing rounds. <applies to inshore waters only>







32 North Sea Countries Offshore Grid Initiative. 2012. http://www.benelux.int/nl/kernthemas/energie/nscogi-2012-report/

56

12. RECREATION AND TOURISM

The qualifying interests of European marine sites that may be affected by recreation and tourism activities comprise Atlantic salmon and other qualifying fish species; benthic habitats /species; birds; bottlenose dolphins; and grey and common seals. Potential effects on these qualifying interests comprise:







 damage to and/or loss of benthic habitat/ species due to e.g. anchoring, anchor dragging disturbance of qualifying interests (common and grey seals, bottlenose dolphins, birds) from recreational activities introduction of invasive non-native species on recreational vessels reduction in water quality from waste discharges, with consequent effects on qualifying interests

12 Recreation and Tourism Sectoral Marine Planning Policies

REC & TOURISM 1: Opportunities to promote sustainable development of marine recreation and tourism should be supported.


This policy supports sustainable development of marine recreation and tourism.

By definition, therefore, environmental (including Natura) factors must be taken into consideration in planning and decision-making. Further protection of Natura interests is provided by GEN 9.

REC & TOURISM 2: The following key factors should be taken into account when deciding on uses of the marine environment and the potential impact on recreation and tourism:









The extent to which the proposal is likely to adversely affect the qualities important to recreational users, including the extent to which proposals may interfere with the physical infrastructure that underpins a recreational activity.

The extent to which any proposal interferes with access to and along the shore, to the water, use of the resource for recreation or tourism purposes and existing navigational routes or navigational safety.

Where significant impacts are likely, whether reasonable alternatives can be identified for the proposed activity or development.

Where significant impacts are likely and there are no reasonable alternatives, whether mitigation, through recognised and effective measures, can be achieved at no significant cost to the marine leisure or tourism sector interests.

However, this policy is general in nature. It does not direct development activities to a particular location, or specify how these should be undertaken. Nor is it linked to a European site. It has therefore been screened out of the appraisal under screening step 1 .

This policy provides the criteria for considering the effects of uses of the marine environment on the recreation and tourism industry. Although some of the criteria may be of benefit to qualifying species/habitats – i.e. consideration of the extent to which the proposal is likely to adversely affect the qualities important to recreational users - they are general in nature and not linked to a European site.

This policy has therefore been screened out of the appraisal under screening step 1 .

57


REC & TOURISM 3: Regional marine plans should identify areas that are of recreational and tourism value and identify where prospects for significant development exist, including opportunities to link to the

National Long Distance Walking and Cycle Routes, and more localised and/or bespoke recreational opportunities and visitor attractions.

REC & TOURISM 4: Marine and terrestrial planners, marine decision makers and developers should give consideration to the facility requirements of marine recreation and tourism activities, including a focus on support for participation and development in sport. Co-operation and sharing infrastructure and/or facilities, where appropriate, with complementary sectors should be supported as should provision of low carbon transport options.

REC & TOURISM 5: Marine planners and decision makers should support enhancement to the aesthetic qualities, coastal character and wildlife experience of Scotland’s marine and coastal areas, to the mutual benefit of the natural environment, human quality of life and the recreation and tourism sectors.

REC & TOURISM 6: Codes of practice for invasive non-native species and Marine Wildlife Watching should be complied with.

33


This policy seeks the identification of areas where there are prospects for significant recreational and tourism development. However, this policy’s promotion of change is too general to identify effects on any particular European site. It does not identify the type of activities, direct activities to a particular location, or specify how these should be undertaken. It has therefore been screened out of the appraisal under screening step 1 .


This policy seeks enhancement of marine and coastal areas, and identifies potential benefits to the natural environment, which could include the qualifying interests of European sites. However, this policy’s promotion of enhancement is too general to identify effects on any particular European site. It does not identify the type of activities, direct activities to a particular location, or specify how these should be undertaken. It has therefore been screened out of the appraisal under screening step 1 .

This policy could have benefits for the qualifying interests of European sites by reducing their exposure to invasive non-native species. However, it is general in nature and is not linked to a European site. It has therefore been screened out of the appraisal under screening step 1 .


Regional Policy: Regional marine plans should consider :

 Identifying thematic links to other regions and acknowledging the different methods of travel across Scotland, e.g. Great Glen route.

34

 Identifying important areas for protection, provisions and improvements to access and facilities to support the sector.

 Promoting/ensuring better engagement between sectors and other



 marine users, e.g. Inshore Fisheries Groups and sea anglers.

Aligning with Tourism Development Areas within Local Development

Plans and promote marine based development strategies.

Promoting education and the use of codes of conduct and good

33 Code of Practice on Non-Native Species. Scottish Government. 2012 http://www.scotland.gov.uk/Publications/2012/08/7367/0

34 The Great Glen Canoe Trail. http://greatglencanoetrail.info/the-trail

58


 practice guidance, including signage.

Supporting sustainable tourism including sustainable transport and green tourism. <applies to inshore waters only>


59

13. SHIPPING, PORTS, HARBOURS AND FERRIES




 infrastructure development o loss of and/or damage to coastal and benthic habitats from infrastructure footprint, dredging, etc o noise from e.g. piling, dredging may cause disturbance, injury and/or displacement to bottlenose dolphins, qualifying interests migratory fish species o smothering of benthic habitat through siltation etc o reductions to water quality could have consequent effects on qualifying interests, e.g. discharges to sea; accidental spills during construction/ refuelling and transport or from collisions; increased turbidity from construction/ dredging effects of vessel movement o injury and/or death from collision of vessels with common or grey seals, bottlenose dolphins o introduction of non-native invasive species on vessel hulls o reductions to water quality could have consequent effects on qualifying interests, e.g. discharges to sea; accidental spills during construction/ refuelling and transport or from collisions

13 Shipping, Ports, Harbours and Ferries Sectoral Marine Planning Policies Screening Results

TRANSPORT 1: Navigational safety in relevant areas used by shipping now and in the future will be protected, adhering to the rights of innocent passage and

This policy is general in nature and is not linked to a European site. It has therefore been screened out of the appraisal under

1 . screening step freedom of navigation contained in UN Convention on the Law of the Sea

(UNCLOS). The following factors will be taken into account when reaching decisions regarding development and use:

 The extent to which the locational decision interferes with existing or planned



 routes used by shipping, access to ports and harbours and navigational safety. This includes commercial anchorages and defined approaches to ports.

Where interference is likely, whether reasonable alternatives can be identified.

Where there are no reasonable alternatives, whether mitigation through measures adopted in accordance with the principles and procedures established by the International Maritime Organization can be achieved at no significant cost to the shipping or ports sector.

60


TRANSPORT 2: Marine development and use should not be permitted where it The first part of this policy is general in nature and is not linked to a will restrict access to, or future expansion of, major commercial ports or existing or proposed ports and harbours which are identified as National Developments in

European site. It has therefore been screened out of the appraisal under screening step 1 . the current NPF or as priorities in the National Renewables Infrastructure Plan

(Map 10 and 11).

Regional marine plans should identify regionally important ports and harbours, giving consideration to social and economic aspects of the port or harbour and the users of the facility subject to policies and objectives of this Plan. Regional plans should consider setting out criteria against which proposed activities and developments should be evaluated. <applies to inshore waters only>

The identification of criteria for evaluation of proposed activities and developments in regionally important ports and harbours is likely to include environmental factors, which would be of benefit to the qualifying interests of European sites, as they could be avoided. However, as the policy is general in nature, it has been screened out of the appraisal under screening step 1 . (Note: the identification of such areas for development in regional marine plans would likely require HRA.)

TRANSPORT 3: Ferry routes and maritime transport to island and remote mainland areas provide essential connections and should be safeguarded from inappropriate marine development and use that would significantly interfere with their operation. Developments will not be consented where they will unacceptably interfere with lifeline ferry services.

TRANSPORT 4: Maintenance, repair and sustainable development of port and harbour facilities in support of other sectors should be supported in marine planning and decision making. <applies to inshore waters only>

This policy is general in nature and is not linked to a European site. It has therefore been screened out of the appraisal under screening step

1 .

This policy seeks support of sustainable development of port and harbour facilities. By definition, therefore, environmental (including

Natura) factors must be taken into consideration in planning and decision-making. Further protection of Natura interests is provided by

GEN 9.

However, this policy is general in nature. It does not direct development activities to a particular location, or specify how these should be undertaken. Nor is it linked to a European site. It has therefore been screened out of the appraisal under screening step 1 .


1 .

TRANSPORT 5: Port and harbour operators should take into account future climate change and extreme water level projections, and where appropriate take the necessary steps to ensure their ports and harbours remain viable and resilient to a changing climate. Climate and sea level projections should also be taken into account in the design of any new ports and harbours, or of improvements to existing facilities. <applies to inshore waters only>

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TRANSPORT 6: Marine planners and decision makers and developers should This policy provides the criteria for considering the effects of uses of the ensure displacement of shipping is avoided where possible to mitigate against potential increased journey length s (and associated fuel costs, emissions and impact on journey frequency) and potential impacts on other users and ecologically sensitive areas 35 marine environment on the marine transport industry. Although some of the criteria may be of benefit to qualifying species/habitats – i.e. consideration of the potential impacts on ecologically sensitive areas - they are general in nature and not linked to a European site. This policy has therefore been screened out of the appraisal under screening step

1 .

TRANSPORT 7: Marine & terrestrial planning processes should co-ordinate to:

 Provide co-ordinated support to ports, harbours and ferry terminals to ensure they can respond to market influences and provide support to other sectors with necessary facilities and transport links.


1 .

 Consider spatial co-ordination of ferries and other modes of transport to promote integrated and sustainable travel options.

see results for TRANSPORT 2 Regional Policy: Regional marine plans should consider identifying regionally important ports and harbours and setting out criteria against which proposed development and use should be evaluated. <applies to inshore waters only>

35 Marine Environment High Risk Areas provide a relevant example of environmentally sensitive areas. These are aids to mariners and are essentially an aid to passage planning. http://www.scotland.gov.uk/Topics/marine/seamanagement/nmpihome/nmpi

62

14. SUBMARINE CABLES






 loss of and/or damage to coastal and/or benthic habitats/species through cable laying/ removal, landfall etc benthic smothering from sediment generated during installation reduction in water quality from e.g. increased turbidity during cable installation/removal underwater and on land

14 Submarine Cables Sectoral Marine Planning Policies Screening Results

CABLES 1 : Cable and network owners should engage with decision makers at the early planning stage to notify of any intention to lay, repair or replace cables before routes are selected and agreed. When making proposals, cable and network owners and marine users should evidence that they have taken a joined-up approach to development and activity to minimise impacts, where possible, on the marine historic and natural environment, the assets, infrastructures and other users. Appropriate and proportionate environmental consideration and risk assessments should be provided which may include cable protection measures and mitigation plans.

This policy requires cable proposals to minimise impacts, where possible, on the marine natural environment. This would be of benefit to the qualifying interests of European sites, as they could be avoided. However, as the policy is general in nature, it has been screened out of the appraisal under screening step 1 .

(Note: where such proposals could affect European sites, they will require HRA.)

Any deposit, removal or dredging carried out for the purpose of executing emergency inspection or repair works to any cable is exempt 36 from the marine licensing regime with approval by Scottish Ministers. However, cable replacement requires a marine licence. Marine Licensing Guidance should be followed when considering any cable development and activity.

CABLES 2: The following factors will be taken into account on a case by case basis when reaching decisions regarding submarine cable development and activities:





Cables should be suitably routed to provide sufficient requirements for installation and cable protection.

New cables should implement methods to minimise impacts on the



36 The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 (Amended 2012) http://www.legislation.gov.uk/sdsi/2011/9780111012284/contents and The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

(Amended 2012) http://www.legislation.gov.uk/ssi/2011/57/ contents/made

63

14 Submarine Cables Sectoral Marine Planning Policies



 environment, seabed and other users, where operationally possible and in accordance with relevant industry practice.

Cables should be buried to maximise protection where there are safety or seabed stability risks and to reduce conflict with other marine users and to protect the assets and infrastructure.

Where burial is demonstrated not to be feasible, cables may be suitably protected through recognised and approved measures (such as rock or mattress placement or cable armouring) where practicable

 and cost-effective and as risk assessments direct.

Consideration of the need to reinstate the seabed, undertake post-lay surveys and monitoring and carry out remedial action where required.

CABLES 3: A risk-based approach should be applied by network owners and decision makers to the removal of redundant submarine cables, with consideration given to cables being left in situ where this would minimise impacts on the marine historic and natural environment and other users.





CABLES 4: When selecting locations for land-fall of power and telecommunications equipment and cabling, developers and decision makers should consider the policies pertaining to flooding and coastal protection in Chapter 4, and align with those in Scottish Planning Policy and Local Development Plans.

Regional Policy: Regional marine plans should consider identifying suitable areas for land fall of submarine cables and integrate with spatial priorities for submarine cables within Local Development Plans.

<applies to inshore waters only>

The identification of suitable areas for land fall of submarine cables could be of benefit to the qualifying interests of European sites, as they could be avoided.

However, as the policy is general in nature, it has been screened out of the appraisal under screening step 1 . (Note: where such proposals could affect

European sites, they will require HRA.)

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15. DEFENCE

The qualifying interests of European marine sites that may be affected by defence activities comprise Atlantic salmon and other qualifying fish species; benthic habitats /species; birds; bottlenose dolphins; and grey and common seals. Potential effects on these qualifying interests comprise: disturbance and/or injury to bottlenose dolphins from sonar live explosives: injury, disturbance and/or death to bottlenose dolphins introduction of non-native invasive species on vessel hulls loss of and/or damage to benthic habitats and disturbance/ displacement of benthic and mobile species from new infrastructure vessel collision: injury and/or death to marine mammals smothering of benthic habitat through siltation reduction in water quality from: discharges to water and/or accidental spills, including those from collisions, refuelling etc; increased turbidity from construction; dredging during development of new infrastructure

15 Defence Sectoral Marine Planning Policies

DEFENCE 1: To maintain operational effectiveness in Scottish waters used by the armed services, development and use will be managed in these areas:

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Naval areas including bases and ports : Safety of navigation and access to naval bases and ports will be maintained. The extent to which a development or use interferes with access or safety of navigation, and whether reasonable alternatives can be identified, will be taken into account by consenting bodies. Proposals for development and use should be discussed with the MOD at an early stage in the process.

Firing Danger Areas (Map 13) : Development of new permanent infrastructure is unlikely to be compatible with the use of Firing

Danger Areas by the MOD. Permitted activities may have temporal restrictions imposed. Proposals for development and use should be discussed with the MOD at an early stage in the process.

Exercise Areas (Map 13) : Within Exercise Areas, activities may be subject to temporal restrictions. Development and use that either individually or cumulatively obstructs or otherwise prevents the defence activities supported by an exercise area may not be permitted. Proposals for development and use should be



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15 Defence Sectoral Marine Planning Policies

 discussed with the MOD at an early stage in the process.

Communications : Navigations and surveillance including radar:

Development and use which causes unacceptable interference with radar and other systems necessary for national defence may be prohibited if mitigation cannot be determined. Proposals for development and use should be discussed with the MOD at an early stage in the process.

DEFENCE 2: For the purposes of national defence, the MOD may establish by-laws for exclusions and closures of sea areas. In most areas this will mean temporary exclusive use of areas by the MOD. Where potential for conflict with other users is identified, appropriate mitigation will be identified and agreed with the MOD, prior to planning permission, a marine licence, or other consent being granted.

DEFENCE 3: The established code of conduct for managing fishing and military activity detailed in the documents ‘Fishing Vessels operating in

Submarine Exercise Areas’ 37 and ‘Fishing Vessel Avoidance: The UK

Code of Practice Fis hing Vessel Avoidance’ 38 will be adhered to.

Regional Policy: Regional marine planners and defence interests should engage on a proactive basis to ensure that the operational requirements of defence are taken into account in the development of marine plans. <applies to inshore waters only>





37 Fishing Vessels Operating in Submarine Exercise Areas. Marine Guidance Note MGN 12 (F). Marine Safety Agency. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/282352/mgn012.pdf

38 Fishing vessel avoidance: The UK Code of Practice. SMP 95 Change 5. Ministry of Defence.

http://webarchive.nationalarchives.gov.uk/20081120170436/http:/royalnavy.mod.uk/upload/pdf/%5B(1423)-08-07-2002%5DUK_FV_Code_for_www.pdf

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16. AGGREGATES

The qualifying interests of European marine sites that may be affected by defence activities comprise Atlantic salmon and other qualifying fish species; benthic habitats /species; birds; bottlenose dolphins; and grey and common seals. Potential effects on these qualifying interests comprise:

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 loss of and/or damage to benthic habitats, from extraction of marine aggregates entrainment of benthic species during aggregate dredging smothering of benthic habitat by sediment plumes disturbance and/or displacement of common and grey seals, bottlenose dolphins, birds, from extraction activities, increased noise, increased turbidity injury to (qualifying fish) gills from increased turbidity

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 injury and/or death from collision with vessels (seals, dolphins), collisions with diving birds reduction in water quality with consequent effects on qualifying interests: due to increased turbidity, sediment plumes, release of contaminants from sediment e.g. heavy metals, reducing substances

16 Aggregates Sectoral Marine Planning Policies Screening Results

AGGREGATES 1 : Marine planners and decision makers should consider the impacts of other development or activity on areas of marine aggregate or mineral resource. Where an interaction is identified, consideration should be given to whether there are permissions for aggregate or mineral extraction and whether they require any degree of safeguarding.

AGGREGATES 2: Decision makers should ensure all the necessary environmental issues are considered and safeguards are in place when determining whether any proposed marine aggregate dredging is considered to be environmentally acceptable and is in accordance with the other policies and objectives of this Plan.

Regional Policy: Regional marine plans should consider if areas of aggregate or mineral resource require any degree of safeguarding. <applies to inshore waters only>

This policy safeguards marine aggregate or mineral resources from the impacts of other development or use. This policy is general in nature and is not linked to a European site. It has therefore been screened out of the appraisal under screening step 1 .

This policy requires aggregate marine dredging to minimise impacts, where possible, on the marine natural environment. This would be of benefit to the qualifying interests of European sites, as they could be avoided. However, as the policy is general in nature, it has been screened out of the appraisal under screening step 1 . (Note: where such proposals could affect European sites, they will require HRA.)

This policy safeguards marine aggregate or mineral resources from the impacts of other development or use. This policy is general in nature and is not linked to a European site. It has therefore been screened out of the appraisal under screening step 1 .

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scotland`s national marine plan

MARINE SCOTLAND

SCOTLAND’S NATIONAL MARINE PLAN

MARCH 2015

THE CONSERVATION (NATURAL HABITATS, &C.) REGULATIONS

1994, as amended

HABITATS REGULATIONS APPRAISAL RECORD

MARCH 2015

Table of Contents

1.0 Introduction

2.0 The National Marine Plan

3.0 Habitats Regulations Appraisal (HRA)

4.0 European Sites

5.0 Appraisal Results

6.0 In-combination assessment

7.0 Conclusion

8.0 Glossary

9.0 References

Appendix A. European Sites with marine components in Scottish

Waters

Appendix B. National Marine Plan General Policies

Appendix C. National Marine Plan Sectoral Policies

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MARINE SCOTLAND