EU Marine & Estuarine Governance & ‘Brexit’: gaps,

overlaps and interactions

Sue Boyes & Mike Elliott Institute of Estuarine and Coastal Studies (IECS)

S.J.Boyes@hull.ac.uk; Mike.Elliott@hull.ac.uk

Challenges for science & management:

• Recovery/coping with historical legacy • Endangered coastal and marine

ecosystem functions • Legal & adminstrative framework • Economic prosperity and delivery of

societal benefits • Coping with climate change & moving

baselines

There is only one big idea in marine management: how to maintain and

protect ecological structure and functioning while at the same time

allowing the system to produce ecosystem services from which we

derive societal benefits.

Governance • Defined as policies, politics, legislation and

administration; many countries have an unnecessarily complex marine legislation and administrative framework

• No single body responsible for marine environment – many organisations and bodies responsible for implementing EU directives and national legislation.

• Users and uses of the marine environment regulated on an activity/sector basis (e.g. marine spatial planning, tourism, conservation, oil and gas production, offshore windfarms) and are regulated through numerous government departments.

• Government organisations - may or may not communicate effectively with each other in co-ordinating their efforts, which can result in overlapping duties.

Boyes & Elliott (2014)

Site designations (e.g. SSSI)

UWWTD

Bathing Waters

Nitrates

MSP Dir

Urban Waste Water

Treatment Regs

Sensitive area

Bathing beaches

Bathing Water Regs

Nitrate Vulnerable

Zones

Nitrate Pollution Prevention Regs

Good Chemical Status & Good

Ecological Status

Marine spatial planning

Pollution Prevention & Control Regs

Water Environmental (WFD) Regs

Sea Fisheries (Shellfish) Act

Salmon & Freshwater Fisheries

Act

Implementation method / Protection afforded

Enabling / Primary Legislation enacted through

the Ruropan Communities Act 1972

Target / Status to be met

EC Directiv e or Strategy

(1) In 2013 the WFD replaced the Dangerous Sub. Dir.; Freshwater Fish Dir.; Shellfish Waters Dir. & Groundwater Dir.

Marine Strategy

Regs

Energy Act

?

International Law or Commitments

International Bodies &

Conv entions

Byelaws, Orders, gear and catch

restrictions

Sea Fish (Conservation)

Act

Sustainable fisheries & safeguarding the marine env ironment

Renewable Energy

Renewables targets for

2020

Policy & Targets

UN CONV. on BIOLOGICAL DIVERSITY

UNCLOS

MARPOLSafer shipping

nav igation, pollution control and operation

Various EU Regs to control

shipping & pollution from

ships

BERN CONV.

BONNCONV.

Endangered species

protection

Control of Trade in Endangered

Species (COTES) Regs

IPPC

Strategic Environmental Assessments to include transboundary effectsEnvironmental

Assessment Regs

Marine projects are subject to Environmental Impact

Assessment

Town & Country Planning (EIA)

Regs

Marine Works (EIA) Regs

Harbour Works (EIA) Regs

Waste Regs

Environmental Standards

Waste FD

LONDON CONV. &

PROTOCOL

KEY

OSPAR, HELCOM,

UNEP-MAP, BUCHAREST

Reg. Seas Conv

BALLAST WATER CONV.

Prevention, management &

control of harmful aquatic organisms

& alien species

Basic Fish Regs

CFP

ICES

Favourable Conservation

Status

EU Strategy on

Invasive Alien Sp.

ProposedIAS Reg

Contaminants in Food Regs

Safe consumption of fish & shellfish

Contaminants in Food Reg

WFD (1)

Env Liability

Prevention & remedy of

env. damage

Env. Damage (P&R) Regs

FRMD

Flood Risk Assessment

Flood Risk Regs

Flood & Water Management Act

MSFD

Various Regs to control

CITES fauna & flora

CITESHabitats &

Species

Natura 2000 sites

(SAC/SPA)Habitat & Species

Protection

Biodiversity & Species

Action Plans

Conservation of Habitats

and Species Regs

Offshore Marine

Conservation Regs

Licences, Consents &

Authorisations

Marine planning (3)

Conservation / Biodiversity

protection (MCZ)

Coastal Recreation

Licences

UN FRAMEWORK CONV. ON CLIMATE CHANGE (UNFCCC)

KYOTO PROTOCOL

Harbours ActRevision and

Empowerment Orders. Conservation

duties on ports

Local Harbour Acts

Harbour & Works Licences

Merchant Shipping Regs

ESPOO CONV.

SEA

Applications for Nationally Significant Infrastructure Projects (NSIPs) /

National Policy Statements / Marine Licences

Planning Act (as amended)

Infrastructure Planning (EIA)

Regs

IMO

Protection of marine archaeology

National Heritage Act

Protection of Wrecks Act

Merchant Shipping Regs

Electricity Act

Climate Change Act

Conserv ing wider biodiversity

Ancient Monuments & Archaeological Areas Act

EIA

Wild Birds

EU Biodiversity

Strategy

Wildlife & Countryside Act

(as amended)

NERC Act

EU Integrated Maritime Policy

Good Environmental

Status

RAMSAR CONV.

UNESCO Protection of Underwater

Cultural Heritage (2)

INT. CONV. ON SALVAGE

Protection of Military

Remains Act

Marine archaeology

Council of Europe

Conventions on archaeology &

landscape

(2) The UK is not a signatory to this Convention however a number of public statements have been produced that confirm its endorsement of the rules in its Annex

All regulated activities in the English marine environment consider UK marine policy drivers such as the UK High Level Marine Objectives 2009, the UK Marine Policy Statement (3) and various National Policy Statements

? (4)

Marine & Coastal

Access Act

Flood and Coastal Erosion Risk Management

Fisheres Act

UK Primary Act of Parliament

(4) The newly adopted MSP Directive will have to be transposed into UK legisiation by September 2016

WTD

Nitrates

UN CONV. on BIOLOGICAL DIVERSITY

UNCLOS

MARPOL

BERN CONV.

BONNCONV.

LONDON CONV. &

PROTOCOL

OSPAR, HELCOM,

UNEP-MAP, BUCHAREST

Reg. Seas Conv

BALLAST WATER CONV.

ICES

EU Strategy on

Invasive Alien Sp.

WF

FRM

CITES

UN FRAMEWORK CONV. ON CLIMATE CHANGE (UNFCCC)

KYOTO PROTOCOL

ESPOO CONV.

IMO

Wild Birds

Bio

S

Inte M P

RAMSAR CONV.

UNESCO Protection of Underwater

Cultural Heritage (3)

INT. CONV. ON SALVAGE

International law & conventions (orange) and bodies (blue)

MSP Dir EU

Biodiversity Strategy

Site designations (e.g. SSSI)

Marine spatial planning

Marine Strategy

Regs

Endangered species

protection

Favourable Conservation

Status

Env Liability

MSFD

Habitats & Species

Natura 2000 sites (SAC/SPA)

Habitat & Species

Protection

Biodiversity & Species

Action Plans

Conservation of Habitats

and Species Regs

Offshore Marine

Conservation Regs

Licences, Consents &

Authorisations Marine

planning (3) Conservation / Biodiversity

protection (MCZ)

Coastal Recreation

Licences

Conserving wider biodiversity

Wild Birds

Wildlife &

Countryside Act

NERC Act

EU Integrated Maritime

Policy

Good Environmental

Status

Marine & Coastal

Access Act

Nature Protection and Maritime Spatial Planning – Obligations for Industry

Bathing Waters

UWWTD

Nitrates

Urban Waste Water

Treatment Regs

Sensitive

area

Bathing beaches

Bathing Water Regs

Nitrate Vulnerable

Zones

Nitrate Pollution Prevention Regs

Pollution Prevention & Control Regs

Energy Act

Renewable Energy

Renewables targets for

2020

Policy & Targets

IPPC

Waste Regs

Environmental Standards

Waste FD

Electricity Act

Climate Change Act

Pollution control, energy including renewables

Good Chemical Status & Good

Ecological Status

Water Environmental (WFD) Regs

Sea Fisheries (Shellfish) Act

Salmon &

Freshwater Fisheries Act

Byelaws, Orders, gear and catch

restrictions

Sea Fish (Conservation)

Act

Sustainable fisheries & safeguarding the

marine environment

Basic Fish Regs

CFP

Contaminants in Food Regs

Safe consumption of fish & shellfish

Contaminants in Food Reg

WFD (1)

Env Liability

Prevention & remedy of env.

damage

Env. Damage (P&R) Regs

FRMD

Flood Risk Assessment

Flood Risk Regs

Flood & Water

Management Act

Flood and Coastal Erosion Risk Management

Fisheres Act

Fisheries, flood protection, water quality

Abbreviations: BWD= Bathing Water Directive; BWM= Ballast Water Management Convention; CAP= Common Agricultural Policy; CFP= Common Fisheries Policy; EIA= Environmental Impact Assessment Directive; FRMD= Flood Risk Management Directive; FRMD (FRMP)= Flood Risk Management Directive (Flood Risk Management Plan); HD= Habitats Directive; MPS= Maritime Spatial Planning Directive; MSFD= Marine Strategy Framework Directive; Natura 2000= Habitats and Wild Birds directives; Nitrates Dir= Nitrates Directive; SAC= Special Area of Conservation; SEA Dir= Strategic Environmental Assessment Directive; SPA= Special Protection Area; UWWTD= Urban Wastewater Treatment Directive; WBD= Birds Directive; WFD= Water Framework Directive (with extension out to 12nm for chemical status); WFD (RBMP)= Water Framework Directive (River Basin Management Plan)

Geographical scope and competencies of EU marine legislation

Natural Environment Research Council (NERC)

(ACRE reports through Defra)

KEY

Ministerial Depts

Inte

rnat

iona

l O

blig

atio

nsE

urop

ean

Uni

on

Planning Inspectorate

- Health & safety w ith respect to working at sea- Ships surveys & inspections- Emergency response including search & rescue, counter pollution & response, receiver of w reck, maritime incident response group (MIRG) & resilience.

NI E

xecu

tive

Department of Energy & Climate Change (DECC)

Department for Transport (DfT)

Cabinet Office

Home Office

Maritime and Coastguard Agency

Trinity House Lighthouse Service

Inte

rnat

iona

l M

aritim

e O

rgan

isat

ion

(IMO

)

Department for Communities and Local Government (DCLG)

Department for Environment Food and Rural Affairs (DEFRA)

Wel

sh

Gov

ernm

ent

Sco

ttish

G

over

nmen

t

UK S

hipp

ing

Crown Estate

- Ow ns 55% of the foreshore (between mean high and mean low water) and approximately half of the beds of estuarial areas and tidal rivers in the United Kingdom. - Ow ns the seabed out to the 12 mile territorial limit, including the rights to explore and exploit the natural resources of the UK continental shelf, excluding oil, gas and coal.- Leases of easement for pipelines and cables, offshore renewable energy developments.- Royalties from the extraction of minerals, principally marine aggregates.

Parliament

House of Commons

House of Lords

National Maritime Museum

Harbour Authorities

Local Authorities

Executive AgenciesNational Infrastructure DirectorateExecutive Non-

Departmental Public Bodies

- Independent body examining applications for nationally signif icant infrastructure projects (NSIPs) e.g. large w ind farms >100MW, pow er stations etc. Issue development consents under the Planning Act 2008 (Localism Act 2011)

- National Planning Policy Framew ork- Planning Policy Guidance (PPGs)- Marine Minerals Guidance Notes (MMGs)- Strategic Environmental Assessments (SEAs)

Local Government Bodies

Ministry of Defence (MOD)

UK Hydrographic Office

- Waterborne security of HM dockyards and HM naval bases- Jurisdiction w ithin territorial w aters- Enforce legislation e.g. Port Orders and Merchant Shipping Act

Defence Science & Technology Lab

Oil and Pipelines Agency

MOD Police Marine Unit

- Provide hydrographic services for UK w aters as required under (SOLAS)

Trading Fund Agency

- Maritime technology e.g. ships & submarines

- Operation of the Government Pipeline and Storage System (GPSS)

Committee on Climate Change - Advises government on emissions targets and reports greenhouse gases

- Oil & gas licensing under Petroleum Act 1998- Renew able energy – w ave, tidal and w ind & Safety Zones for >100MW w indfarms- Energy Act 2008 & 2010; and Climate Change Act 2008- National Policy Statements (NPS) on energy Secretary of States

Representative for Maritime Salvage & Intervention(SOREP)

- Represent the DECC (in relation to offshore installations) & the DfT(in relation to ships) by removing or reducing the risk to safety, property and the UK environment arising from accidents involving ships, f ixed or f loating platforms or sub-sea infrastructure.

HM Coastguard

- Shipping, marine safety & security, inland w aterways, navigation, ships registers, transport national planning guidance (NPG)

Advisory Committees

Marine Energy Programme Board

Please refer to Defra diagram

UK

GO

VE

RN

ME

NT

- Partnership of the main Government Departments, the Devolved Administrations of Scotland, Northern Ireland & Wales, the Environment Agencies & research bodies involved in funding and carrying out marine science in the UK. Co-ordination of marine research & delivering the UK Marine Monitoring & Assessment Strategy (UKMMSS).

Marine Science Co-ordination Committee (MSCC)

Advisory Committee on Releases to the Environment (ACRE) - Advice to UK Governments on the release &

marketing of genetically modif ied organisms.

Department for Business Innovation & Skills (BIS)

UK Met Off ice

Food Standards Agency - Food safety and hygiene (e.g. chemical levels in shellf ish and f ish)

Department for Culture, Media and Sport (DCMS)

English Heritage

- Protected w recks, protection of marine historic environment, map historic seascapes, fund coastal & marine heritage research. (Although the UK has not ratif ied the UNESCO Convention on the Protection of the Underw ater Heritage, English Heritage follow the Rules annexed to the Convention as representing best practice in marine underw ater archaeology projects).

Post ‘Brexit’: Department for Business, innovation and Skills (BIS) Department of Energy and Climate Change (DECC) have now become: Department for Business, Energy and Industrial Strategy

(all have statutory seats on the IFCAs)

Department for Environment Food and Rural Affairs (Defra)

Make policy and legislation, and w orking with others to deliver policies in areas such as:- the natural environment, biodiversity, plants and animals- sustainable development and the green economy- food, farming and f isheries- animal health and w elfare- environmental protection and pollution control- rural communities and issues.

Marine Management Organisation (MMO)

Food & Environment Research Agency (FERA)

Inshore Fisheries Conservation Authorities (IFCAs)

Animal Health & Veterinary Laboratories Agency (AHVLA)

- Plant health.

- Managing disease, Endangered species (CITES), Wildlife Inspectorate.

- Marine planning (planning and licensing functions for English w aters; develop marine plans covering the English marine area); Fisheries (days at sea for cod & sole recovery zones, dispensations, monitoring & enforcement, quotas, statistics & vessels licenses); Protecting the environment (marine pollution, nature conservation (MCZs) & w ildlife licences); Marine regulation & licensing (consenting process, harbour orders (HO), Sec 36 of Electricity Act (>1MW to 100MW) (also w ith responsibilities for Sec 36 and certain HOs in Welsh inshore w aters)); Safety Zone function for non-NSIPs; Trans-European-Netw orks-Energy (TEN-E); Co-chair the Offshore Renewable Energy Licensing Group (ORELG) w ith Marine Scotland to help resolve issues with the licensing & permitting of offshore renewables.

- Biodiversity (reducing its decline & licensing protected species across England); Landscape (designating national parks and AONB); Management (NNRs and notifying SSSIs); Responsibility (MCZs, EMSs, SSSIs, Ramsar sites and the netw ork of MPAs); Advising government & industry on marine conservation and seascape issues in England’s territorial w aters (from the coast out to 12 nautical miles offshore); Advice on Marine sea fisheries, marine renew able energy, regulation & licensing and spatial planning.

Environment Agency

- Climate change; Waste and recycling; Flood risk (rivers and sea); Bathing w ater quality; Coastal erosion risk; Water, air and land emissions (EnvironmentalPermitting Regs); Water quality (inc coasts and estuaries); Fishing licences; Wildlife & conservation; Regulation, advice & guidance for business & industry; Implementation of EU Directives WFD, MSFD & FRMD.

Joint Nature Conservation Committee (JNCC)

- Informs policy development at national level; Provides support for implementation of European & international law s e.g. Marine Strategy Framew ork Dir; Identifying, monitoring & advising on UK’s offshore marine nature conservation; Establishing Marine Protected Areas; Advice to offshore industries; Support nature conservation in the UK’s 14 Overseas Territories and three Crow n Dependencies; Survey & monitoring.

Sea Fish Industry Authority- Information (support for industry's business decisions); Safety at sea; Protecting the environment at sea & on land; Regulation (understanding, interpreting & responding to legislation for industry); Supporting quality & eff iciency standards); Consumer support.

- Managing f isheries & enforcing f isheries legislation (voluntary agreements, codes of conducts, byelaws and other regulations out to 6nm); Research (stock assessments, f isheries impact research, environmental monitoring and habitat mapping); Liaising w ith f ishermen & anglers; Consulting on marine development w ork and attending meetings on marine spatial planning and marine conservation zones.

Science Advisory Council

- Provide Defra w ith expert & independent advice on science policy & strategy.

DCLG DECC DfT

planning&

licensing

planning &

licensing

emergency response

- Climate change impacts & adaptation; marine planning & environmental licensing; sustainable f isheries management; f ish and shellf ish health & hygiene; data collection.

Centre for Environment, Fisheries and Aquaculture Science (CEFAS)

Natural England

To be successful, management measures or responses to changes resulting from human activities should be: • Ecologically sustainable • Technologically feasible • Economically viable • Socially desirable/tolerable • Legally permissible • Administratively achievable • Politically expedient • Ethically defensible (morally

correct) • Culturally inclusive • Effectively communicable

The 10-tenets: The UK and Marine Scotland vision: “clean, healthy, safe, productive, biologically diverse marine and coastal environments, managed to meet the long-term needs of people and nature”.

Summary – Brexited! • UK devolved administrations with Acts and regulations but

uncertainty on the way ahead. • Possible Risks:

• Loss of research budgets and loss of networking; • Loss of skilled workers and students (and hence income); • Reduce or water-down implementation of Directives; • Norwegian model of selective implementations within

EFTA/EEA area (not all sea area); • Over-emphasis on economics at the expense of the

environment (‘taking our country back’ to the ‘dirty man of Europe’ days!);

• Loss of influence in setting the environmental, marine and research agenda;

• Urgency re. transboundary marine uses, users and impacts;

Summary – Brexited! • The way ahead – risks and opportunities:

• Change all Regulations into Acts – huge backlog of parliamentary time;

• UK still to follow all environmental health and safety regulations to be part of single market;

• Uncertain repercussions for fishery protection coverage and bilateral agreements for reciprocal fishing rights?

• ‘Great Repeal Act’ – Repeal of the European Communities Act 1972 (ECA) – has to be passed by Parliament?

• Options - keep everything vs. decades of revision (with costs)?

• Repeal of the ECA will not take the UK out of the EU but will mean EU treaties are no longer part of UK law and the European Court has no jurisdiction in the UK;

• EU MS may argue that Britain has no right to repeal a bilateral treaty?

Mike.Elliott@hull.ac.uk; S.J.Boyes@hull.ac.uk