DRAFT – version 5th March 2012 Marine Protected Areas – Frequently Asked Questions Questions and answers on Marine Protected Areas have been grouped under the following headings: Marine Protected Areas and the MPA network The Scottish MPA Project Roles of the Scottish MPA Project Partners How Nature Conservation MPAs will be selected Information that is being used to select Nature Conservation MPAs Features which may be included within Nature Conservation MPAs How people can get involved in the selection of Nature Conservation MPAs How people will be consulted about Nature Conservation MPAs How Nature Conservation MPAs will be designated How Nature Conservation MPAs will be managed The timeframes for MPA work Summary of questions from stakeholders relating to Nature Conservation MPAs How to find out more about Nature Conservation MPAs Marine Protected Areas and the MPA network 1. What is a Marine Protected Area? The International Union for the Conservation of Nature (IUCN) use the following description: ‘any area of intertidal or subtidal terrain, together with its overlying water and associated flora, fauna, historical and cultural features, which has been reserved by law or other effective means to protect part or all of the enclosed environment.’ Nature Conservation Marine Protected Area (MPA) is the term used to refer to MPAs which will be established in Scotland’s seas for biodiversity and geodiversity. When referring more generally to different types of protected area in the marine environment, the term marine protected area is used (i.e. lower case and without ‘Nature Conservation’). 2. Why do we need MPAs and a network of sites? The Marine (Scotland) Act 2010, as well as the Marine and Coastal Access Act 2009, requires that Scottish Ministers designate Nature Conservation MPAs as a contribution to a UK wide network. Our contribution must be representative of the features found in our seas. DRAFT – version 5th March 2012 3. Which sites will make up the Scottish MPA network? Nature Conservation MPAs Special Areas of Conservation (SACs) as required by the EU Habitats Directive Special Protection Areas (SPAs), as required by the EU Wild Birds Directive Marine components of Sites of Special Scientific Interest (SSSIs) Ramsar Sites Area-based measures which are designed for purposes other than marine nature conservation may also contribute to the network. 4. What is the difference between Nature Conservation MPAs and European Marine Sites (Special Areas of Conservation (SACs) and Special Protection Areas (SPAs))? Nature Conservation MPAs can be established under the Marine (Scotland) Act and the UK Marine and Coastal Access Act and the management requirements are outlined in these Acts. SACs and SPAs, are established and managed under the EU Habitats and Wild Birds Directives More information on marine SPAs and marine SACs can be found here for: SACs/SPAs within Scottish territorial waters Offshore SACs/SPAs The Scottish MPA Project 5. What is the Scottish MPA Project? The main aim of the Scottish MPA Project is to provide advice to Scottish Ministers on the selection of Nature Conservation MPAs, and development of the MPA network in Scottish territorial and offshore waters. 6. Why has the Scottish MPA Project been set up? To help Scottish Ministers deliver the duties in the Marine (Scotland) Act and the Marine and Coastal Access Act.. 7. When are proposals for Nature Conservation MPAs likely to be made? At the end of 2012 a report will be submitted to Scottish Parliament on progress in MPA network development and this will contain options for the MPA network. Maps of the MPA search locations are available on the Marine Scotland website. 8. Which seas are covered by the Scottish MPA Project? The Scottish MPA Project covers Scottish territorial waters and the Scottish offshore region from the coast out to median lines or the UK Continental Shelf limit where applicable. Roles of the Scottish MPA Project partners 9. What is the role of SNH and JNCC in the Scottish MPA Project? DRAFT – version 5th March 2012 To provide scientific advice on the selection of Nature Conservation MPAs in Scottish territorial waters and offshore waters respectively to help deliver the duties in the marine acts. 10. What is Marine Scotland’s role in the Scottish MPA Project? To lead the MPA project in Scotland’s seas to deliver the duties required of Scottish Ministers, and create a strategic policy framework for delivering a well managed network of MPAs by 2016 in accordance with the EU Marine Strategy Framework Directive. Marine Scotland Science has been undertaking surveys and data analysis, as well as leading on connectivity between features and locations, the possible negative effects of displacement, and the wider ecosystem benefits of an MPA network.. 11. What is Historic Scotland’s role in the Scottish MPA Project? Historic Scotland’s role is to deliver Scottish Ministers duties in relation to Historic MPAs in Scottish territorial waters. More information on Historic Scotland’s work can be found in its marine Scottish Historic Environment Policy. 12. What is the role of SEPA in the Scottish MPA Project? Marine Scotland, SNH and JNCC co-ordinate their work on MPAs with The Scottish Environment Protection Agency (SEPA) and SEPA is a project partner and has provide support including project survey work. How Nature Conservation MPAs will be selected 13. Have any guidelines been produced for selecting MPAs in Scotland’s seas? Yes, selection guidelines have been produced by Marine Scotland, SNH and JNCC. The guidelines include a vision and principles for the MPA network, and set out the science-led approach to the selection of Nature Conservation MPAs and criteria for Demonstration & Research MPAs. . 14. How were the Scottish MPA selection guidelines developed? They used guidance produced by OSPAR on criteria for developing an ecologically coherent network of MPAs as a starting point, together with our experience of implementing other protected areas. Discussions were held with marine stakeholders and environmental NGOs, as well as a public consultation. 15. Which features will be included within the MPA network? A list of network features will identify all features protected by the network. It will include MPA protected features (see Q32) as well as qualifying features of SACs, SPAs, Ramsar, SSSIs and other forms of area-based protection recognised as part of the network. The list of network features will be used for reporting on coverage of the network, monitoring and for wider management. DRAFT – version 5th March 2012 16. What are the main stages in the selection guidelines for Nature Conservation MPAs? Stage 1: Identifiy search locations based on the presence of search features Stage 2: prioritise based on the quality of the search features present Stage 3: Draw a site boundary to encapsulate the relevant features Stage 4: Assessment the potential effectiveness of managing these features Stage 5: Prioritise based on their contribution to the MPA network. 17. Are the MPA selection guidelines the same as the guidelines for Marine Conservation Zones? No. However all the guidance documents have all been developed from the same OSPAR principles relating to an ecologically coherent network. 18. Has a target been set for the percentage of sea that should be included within MPAs? The Scottish Government has no such targets. 19. Have targets been set for how much of each feature should be included within the MPA network? Individual targets have not been set for MPA search features. within the network The assessment will take account of the geographic range,variation, of a feature, threatened and/or declining status, the need for replication. For some features it will also consider connectivity or linkages between MPAs within the network. 20. How will we decide whether or not enough of Scotland’s marine geodiversity is included within the network? A report on the key geodiversity areas is available here. Where there are overlaps between the key geodiversity locations and biodiversity MPA search locations we may recognise the geodiversity feature(s) as part of the MPA proposal. 21. The selection guidelines state that other types of areas (e.g. areas with fisheries restrictions) could make a contribution to the MPA network. Why are these areas being considered? Any area based measure that provides nature conservation benefits may be recognised as part of the MPA network. An assessment of these areas has been completed and is available on Marine Scotland’s website. 22. How will the size of an MPA be determined? By drawing a boundary around the features that the MPA is designed to safeguard. DRAFT – version 5th March 2012 Information that is being used to select Nature Conservation MPAs 23. How is information being gathered to support the selection of MPAs? We have gathered data on biodiversity from a wide range of sources, and data mined existing data gathered for other purposes to extract biodiversity information. During 2010 and 2011 we also carried out surveys of a variety of locations in our seas. 24. What survey work is being carried out? More information on MPA surveys, including the published reports, can be found on SNH’s Scottish MPA Project webpage and on the JNCC marine survey pages. 25. How will information from surveys be made available? You can read more about MPA related surveys, including the reports when they are published, on the SNH and JNCC websites. Features which may be included within Nature Conservation MPAs 26. What is a Priority Marine Feature? A Priority Marine Feature (or PMF) is a habitat or species which has been prioritised as being of conservation importance in Scotland’s seas. It is intended that PMFs will be used as the basis for focusing future marine conservation action. More information on PMFs can be found on the SNH PMF webpage. 27. What is the role of Priority Marine Features in the selection of Marine Protected Areas? Those PMFs for which spatial protection measures are thought to be appropriate provide the basis for the list of MPA search features. Specific other features such as seamounts, banks and mounds are also included. 28. What is an MPA search feature? MPA search features mostly comprise those Priority Marine Features which will benefit from spatial protection measures together with specific other features such as seamounts, banks and mounds. The list of MPA search features which will underpin the the selection of MPAs is included as an Annex in the Scottish MPA selection guidelines. 29. What is an MPA Protected Feature? Protected feature is the term used in the Scottish MPA selection guidelines to describe those features which are formally designated as part of a MPA. 30. Why is black guillemot the only seabird species on the list of MPA search features in the selection guidelines? Black Guillemot are not listed in Annex I of the EU Wild Birds Directive, and are not considered migratory. Therefore Special Protection Areas (SPAs) cannot be selected for them DRAFT – version 5th March 2012 31. Why are some mobile species included on the list of MPA search features but not others? The Scottish MPA selection guidelines. state that Nature Conservation MPAs may be appropriate for contributing to the protection of defined areas used predictably for key life cycle stages of important mobile species, including breeding and nursery areas. 32. Why are ecological processes not included on the list of MPA search features in the selection guidelines? Ecological processes are an intrinsic part of five MPA search features, which are collectively referred to as large-scale features. These help build ecosystem function into the development of the network How people can get involved in the selection of Nature Conservation MPAs 33. Can people contribute information to the Scottish MPA Project? Yes. The Scottish MPA Project will make the best use of all available information. 34. Can people put forward their own proposals for Nature Conservation MPAs? Third parties can propose Nature Conservation MPAs and these will be considered alongside those proposed by SNH and JNCC as part of the national selection process. Further guidance on the process for third party proposals is given in the Scottish MPA selection guidelines. How people will be consulted about Nature Conservation MPAs 35. Will people be formally consulted on the selection of MPAs? There will be a 12 week public consultation on each MPA proposal being considered by Scottish Ministers for designation. 36. What kind of information will be included in the formal consultation? It will include a description of the location, the evidence supporting it, how it was assessed against the selection guidelines, draft conservation objectives, and where possible proposed management requirements. 37. Are there any other opportunities for people to have a say in the selection of MPAs? National-level stakeholder workshops The Marine Strategy Forum provides strategic views on progress. Regular update meetings are held with key stakeholders. How Nature Conservation MPAs will be designated 38. Who is responsible for designating Nature Conservation MPAs? Scottish Ministers are responsible for designating MPAs in Scotland’s seas. DRAFT – version 5th March 2012 39. How will site boundaries be drawn? Boundaries will be drawn as closely as possible around features to reflect the distribution of habitats, species, geology or undersea landforms within the Nature Conservation MPA. More detail on drawing boundaries is provided in the selection guidelines. 40. What information will be available when a site is designated? When a MPA is designated, there will be a map showing the site boundary, a description of the features within the proposed boundary (i.e. marine life, habitats, geology and/or undersea landforms) and the conservation objectives. How Nature Conservation MPAs will be managed 41. How will management measures be developed? The aim of management will be to achieve the conservation objectives for an MPA. The potential need for management will be determined on a site-by-site basis depending on the interaction between marine activities and protected features at the location. 42. What evidence will be used to decide on management requirements for MPAs? Information on the distribution and condition of the protected features of an MPA, together with information on the sensitivities of the features to various pressures and associated activities. 43. What is the purpose of managing MPAs? Effective management will be needed to ensure the MPAs meet their conservation objectives (see Q48 below). In some cases there may be restrictions on activities but MPAs are expected to be places where multiple activities continue. 44. What are conservation objectives? Conservation objectives will be established for each MPA and will set out what it is that an MPA is to achieve in terms of conservation. 45. Will management schemes be developed for all MPAs? No, management schemes will only developed where they are considered necessary to support site management and the achievement of conservation objectives. 46. Will reference areas be part of the MPA network in Scotland’s seas? There is no intention to establish reference areas within the Scottish MPA network. 47. How will the management of MPAs be reviewed? Six-yearly reviews of the MPA network in Scotland’s seas will be undertaken. These reviews will report to Scottish Parliament and will consider a number of different factors including how well MPAs are doing in meeting their conservation objectives. 48. Is any more information available on the roles of different organisations in managing MPAs? Marine Scotland, JNCC and SNH are jointly producing guidance on the future management of MPAs. It will be published in 2012. DRAFT – version 5th March 2012 The timeframes for MPA work 49. Where are we in the process? MPA search locations have been identified following an initial application of the selection guidelines. A number of third-party proposals have also been submitted. The next step is to complete a more detailed application of the guidelines. 50. What’s happening next? A fifth MPA workshop is planned for June. Following this, a report will be presented to Scottish Parliament by the end of 2012. 51. When will possible Nature Conservation MPAs be consulted on? Public consultations will occur in 2013. Summary of questions from stakeholders 52. Is an MPA the same thing as a no take zone or ‘no go’ area for fishing and other activities? No. MPAs will be managed using the principle of sustainable use. 53. Can MPAs be used to manage fisheries? MPA measures are not a fisheries management tool. Mechanisms already exist for that purpose. However fisheries restrictions may be required at some MPAs. 54. Could some MPAs be designated for fish? Yes, fish being used to underpin the selection of MPAs include orange roughy, blue ling, common skate and sandeels. 55. Will fishing activity be restricted within MPAs? There will be a presumption of use within an MPA so long as the conservation objectives of a site can be met. However, specific activities which pose a significant risk to a protected feature may have to be managed. 56. How can fishermen get involved in the selection of MPAs? The project has regular meetings with fishing industry representatives to raise awareness of the project, seek feedback, collate information and discuss how fishermen can contribute to selection and management processes. 57. Is the selection process in Scotland the same as the processes being used in England and Wales? No. The selection process in Scotland is being undertaken at a national level. Nature Conservation MPAs will be based primarily on scientific evidence using the MPA selection guidelines. 58. How will the effects on fishing of designating an MPA be considered? Throughout the Scottish MPA Project, discussions will be held with fishing interests to ensure there is good understanding of the features (habitats, wildlife, geology and undersea landforms) and fishing activities associated with specific search locations or potential MPAs. Alongside any advice that is given to Scottish Ministers on the natural heritage interest of a potential area will be an Impact Assessment which considers the DRAFT – version 5th March 2012 potential effects (whether beneficial or adverse) on existing activities. Marine Scotland is responsible for the production of Impact Assessments. 59. Who will be responsible for deciding how MPAs are managed? The responsibilities of different bodies in relation to management of MPAs are set out in legislation. All public bodies have general duties in relation to MPAs. 60. Is the aim of an MPA to restrict fishing activity? No. The aim of a MPA is to ensure that its conservation objectives are being met and that it continues to make its contribution to the wider MPA network. 61. Can information from fishermen be considered during the selection of MPAs? Yes. Marine Scotland is currently developing a standard method for gathering information on inshore fishing activity in Scotland’s seas. This will mean we can work with the industry to ensure there is a good understanding of fishing activity, particularly by those vessels not covered by VMS (i.e. those under 15m). JNCC is currently working to improve information on the activities undertaken by both UK and non-UK fishing fleets. 62. Where new MPA designations restrict fishing activity, will these rules apply to non-UK fleets too? Under current arrangements in waters where EU fleets have access we would have to apply for non discriminatory fisheries restrictions via the Common Fisheries Policy if new fisheries management was needed to protect a MPA. How to find out more about Nature Conservation MPAs 63. Is any information available on the web? Yes, Marine Scotland, SNH and JNCC all have information on their websites: www.jncc.gov.uk/marineprotectedareas www.scotland.gov.uk/marinescotland/mpanetwork www.snh.gov.uk/marine-protected-areas 64. What should people do if they have specific questions on MPAs? Please use the email addresses below: For Scottish MPA policy: marineconservation@scotland.gsi.gov.uk For work in territorial waters: mpa@snh.gov.uk For work in offshore waters: scottishmpas@jncc.gov.uk 65. How will people be kept up-to-date about the Scottish MPA Project? Key interest groups will continue to be updated on progress through stakeholder workshops.