Sectoral Marine Plan for Wave and Tidal Energy in Scotland ...

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Sectoral Marine Plan for Wave and Tidal Energy in Scotland’s Renewable Energy Zone Strategic Environmental Assessment Screening and Scoping Report July 2011

Transcript of Sectoral Marine Plan for Wave and Tidal Energy in Scotland ...

Sectoral Marine Plan foin Scotland’s Rene

Strategic EnvironmScreening and

July

r Wave and Tidal Energywable Energy Zone

ental AssessmentScoping Report

2011

CONTENTSPage

1. INTRODUCTIONBackground 1Report Structure 2

2. CONTEXT FOR THE PLANBackground 4Legislative and policy context for plan preparation 4Description of the plan 8

3. CONTEXT FOR THE SEAPolicy Framework 12Environmental Baseline 12

4. APPROACH TO THE ASSESSMENTScope of the assessment 16Scope of the plan to be assessed 16Relationship Between this SEA and Previous Assessments 17Assessment methodology 18

5. NEXT STEPS 22

APPENDIX 1: Screening Opinion 23APPENDIX 2: Summary of work undertaken to identify potentialareas of wave and tidal development in Scottish waters 26APPENDIX 3: Environmental Protection Objectives 29

LIST OF FIGURES1. Map showing Scottish Territorial Waters and Scottish Offshore 2

WatersBox 1. Consultation Questions 32. UK and Scottish Government Marine Planning and Offshore 5

Renewable Energy Policy3. Potential Wave and Tidal Energy Development in Scotland’s 9

Renewable Energy Zone4. The Plan Preparation Process 11

LIST OF TABLES1. Key facts about the plan 102. Proposed scoping in / out of SEA topics 173. Proposed SEA Objectives 204. Proposed assessment matrix 215. Indicative timescale and milestones for the plan 22

and its SEA

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1. INTRODUCTION

Background

1.1 Marine Scotland is currently commencing preparation of a draft SectoralMarine Plan for Wave and Tidal Energy in Scotland’s Renewable EnergyZone (the plan). The plan will cover Scottish territorial waters1 and Scottishoffshore waters2 (Figure 1).

1.2 It is considered that the plan has the potential to give rise to significantenvironmental effects. Marine Scotland has therefore undertaken screeningunder the Environmental Assessment (Scotland) Act 2005. Marine Scotland’sview is that the plan has the potential to result in significant environmentaleffects, and therefore that a strategic environmental assessment (SEA) isrequired. In consequence, Marine Scotland has carried out a scopingexercise to identify the scope and level of detail of the assessment.

1.3 Given the scope of the plan, the SEA will be undertaken in accordance withboth the requirements of the Environmental Assessment (Scotland) Act 2005and The Environmental Assessment of Plans and Programmes Regulations2004.

1.4 Marine Scotland will also undertake a Sustainability Appraisal of the plan, inline with the requirements of the UK Marine and Coastal Access Act 2009. Itis Marine Scotland’s intention to deliver the Sustainability Appraisal throughfour key initiatives: the SEA; a Habitats Regulations Appraisal; a socio-economic impact assessment; and public consultation. The approach to planpreparation and the Sustainability Appraisal is summarised in Figure 2.

1.5 An SEA for Scottish Marine Renewables was undertaken during 2004-6 andthe Environmental Report was published in 2007. This SEA is therefore beingundertaken as a “maintenance exercise” to take account of policydevelopments in the Scottish marine renewables sector and will build on theconclusions of the 2007 SEA.

1.6 Marine Scotland is the Responsible Authority for the plan. The SEA is beingled by the Scottish Government’s Environmental Assessment Team.

1.7 The purpose of this screening and scoping report is to set out:

Marine Scotland’s screening opinion; the scope and level of detail of the SEA; and the proposed duration of the consultation period, for both the plan and the

Environmental Report.

The views of the Scottish Consultation Authorities (CAs) and the UKConsultation Bodies on the screening opinion and the scoping report are nowbeing sought. A set of consultation questions is provided in Box 1.

10-12 nautical miles

2 12-200 nautical miles

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Figure 1. Map showing Scottish Territorial Waters and Scottish Offshore Waters

Report Structure

1.8 The remainder of this report is structured as follows:

Section 2 introduces the plan, including its legislative and policy context,and provides an overview of the approach to its preparation.

Section 3 defines the context for the SEA, including an overview ofrelevant environmental protection objectives and information on theenvironmental baseline to which the plan relates.

Section 4 sets out the approach to the assessment. Section 5 provides details of the next steps in the preparation of the plan

and the SEA, including proposed consultation timescales. Appendix 1 provides the screening opinion prepared by Marine Scotland. Appendix 2 provides supporting information on the plan. Appendix 3 provides the environmental protection objectives.

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Box 1. Consultation Questions

1. Is the role of the SEA within the plan preparation process clear andunderstandable?

2. The environmental protection objectives are based on the objectives ofinternational, European, UK and Scottish legislation and/or policy. Are there anyrecent changes to this that we should incorporate into the environmentalprotection objectives framework provided in Appendix 3?

3. Are you content with the level of detail proposed for the environmental baseline?Is there recently published information, not included here, of which we should beaware?

4. Are you content with the scope of the assessment, in terms of:i. the environmental topics that are scoped in and out of the assessment?ii. the scope of the plan to be assessed (i.e. 0-200 nautical miles around the

whole of Scotland’s coast)?

5. We would welcome your views on the proposed assessment methodology,including the proposed SEA objectives.

6. We would welcome information on the plans/projects that you consider should beincluded in the cumulative effects assessment.

7. We would welcome your views on the reasonable alternatives which we proposeto assess.

8. Are you content with the proposed consultation process, including the sectoraland community engagement elements?

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2. CONTEXT FOR THE PLAN

2.1 The purpose of this section is to provide the background to the plan, set outits legislative and policy context and provide an overview of its likely content.

Background

2.2 A Marine Renewables SEA was undertaken during 2004-06 to examine theenvironmental effects of developing wave and tidal power and to inform thepreparation and delivery of the Scottish Government’s strategy for thedevelopment of marine energy in Scotland's marine environment out to 12nautical miles. The SEA also provided marine developers with data on themost appropriate and best locations to place wave and tidal devices on thenorth and west coasts of Scotland, and set out the issues which had to betackled to facilitate the breakthrough of the wave and tidal energy sectors.The reports from the SEA and responses to the consultation are still availableto view online at: http://www.seaenergyscotland.co.uk/.

2.3 The SEA reported that there were significant marine renewable energyresources around Scotland and that there were also significant levels ofexisting users and constraints within the marine environment. The SEAhighlighted that the sector would require locational guidance and simplifiedregulation and that uncertainties concerning environmental interactions withnew technology deployments would need to be addressed.

2.4 The Marine Energy Spatial Planning Group was formed to respond to theconclusions of the SEA and to initiate streams of work to fill the knowledgegaps identified through the SEA process. A number of the key initiatives aredrawing to a close and will provide developers and regulators with keybaseline environmental information and streamlined licensing procedures.

Legislative and Policy Context for Plan Preparation

2.5 The plan is being progressed in the light of Scottish marine planning initiativesand Scottish climate change and renewable energy policies. The marineplanning policy context is shown in Figure 2.

Climate change and renewable energy

2.6 Climate change abatement targets have been set at Scotland, UK, EU andinternational levels3. The Climate Change (Scotland) Act 2009 commitsScotland to reducing its greenhouse gas emissions by at least 80% from 1990levels by 2050 (including its share of those from international aviation andshipping). The Act includes an interim target of 42% by 2020, and there isalso a requirement for annual targets to be set for the years 2010-2050,starting in 2010. These targets are reflected in the Scottish Government’sPurpose, which has sustainable development at its core. High-levelmeasures for the delivery of these targets are identified in the ScottishGovernment’s Climate Change Delivery Plan (June 2009).

3 Including the Kyoto Protocol, the EU Emissions Trading Scheme and the UK Climate Change Act 2008.

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SefE

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Figure 2. UK and Scottish Government Marine Planning and Offshore Renewable Energy Policy

Sectoral Marine Planfor wave and tidalenergy in Scotland’sRenewable EnergyZone

Regional LocationalGuidance (Saltire Prize

Projects)

Pilot Pentland Firth& Orkney Waters

Marine Spatial PlanFramework

Scottish PlanningPolicy

ational Marine Plan(In preparation)

Regional MarinePlans (in future)

ctoral Marine Planor Offshore Windnergy in Scottish

Territorial Waters

NationalRenewables

Infrastructure Plan

National PlanningFramework

2020 Routemap forRenewable Energyin Scotland

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2.7 The Scottish Government has committed to achieving the EU 2020renewables target, i.e. 20% of EU’s energy consumption from renewablesources by 2020. The recently published 2020 Routemap for RenewableEnergy in Scotland identifies includes a new target for generating anequivalent of 100% of Scotland’s electricity demand from renewableresources by 2020.4 This would be achieved by a mix of onshore andoffshore renewables.

2.8 There are a significant number of policy and legislative drivers at the national,European and international levels that apply to the various sectors whichmake use of the marine environment (including transport, shipping, fishing,energy and other components of the offshore renewable energy sector).These will be taken into account in the preparation of the plan.

Marine planning

2.9 The Marine (Scotland) Act 2010 brought into force powers to implement anew statutory marine planning system to manage the increasing, and oftenconflicting, demands on Scottish seas. A National Marine Plan is currently inpreparation. Once developed, the Sectoral Marine Plan for wave and tidalenergy will be incorporated into the National Marine Plan and reflected inRegional planning decisions, where appropriate . A pre-consultation draft ofthe National Marine Plan was issued for consultation in Spring 2011, as thefirst stage of delivering the final plan in 2012. A draft National Marine Plan willbe issued for consultation in 2011.

2.10 The Act also sets out a new regime for marine licensing which will simplify theexisting regulations. This new licensing regime, which came into force in April2011, covers all anticipated activities in the marine environment whichcurrently require licensing (apart from aquaculture within 3 nautical miles,which local authorities have the power to regulate). Marine plans, as definedin the Act, will be material considerations to decisions made on licensing.

2.11 In addition to the National Marine Plan, the Act allows for regional marineplans to be developed in as yet undefined regions5. In advance of theintroduction of the National and Regional Plans , a marine spatial planningprocess is being piloted in the Pentland Firth and Orkney Waters StrategicLeasing Area. The Pentland Firth and Orkney Waters were chosen to pilot amarine spatial plan framework approach due to the known high level of waveand tidal resources, which has recently led to the world’s first commercialleases for wave and tidal renewable energy developments. The pilot marinespatial plan framework should inform future decisions made on developmentsin this area and ensure that relevant onshore planning and development canbe coordinated with offshore activities.

4 http://www.scotland.gov.uk/Publications/2009/07/06095830/2020Routemap5 The consultation on the regional marine plan boundaries closed on 18 February 2011(http://www.scotland.gov.uk/Publications/2010/11/22125407/0).

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2.12 The SEA will take account of policies and/or developments contained in thedraft National Marine Plan and the pilot Pentland Firth and Orkney WatersMarine Spatial Plan Framework respectively.

2.13 Marine Scotland published ‘Blue Seas, Green Energy’, the Sectoral MarinePlan for Offshore Wind Energy in Scottish Territorial Waters, in March 2011.This plan considers the potential of Scottish territorial waters to accommodateoffshore wind energy developments from a national perspective, makingproposals for the short, medium and long term. The plan was developed inconsultation with key stakeholders, including industry and environmentalstakeholders. The links between this plan, the plan for wave and tidal energyand the National Marine Plan will be taken into account and the potential forcumulative effects will be explored in the SEA.6

National Renewables Infrastructure Plan

2.14 The National Renewables Infrastructure Plan (N-RIP) has been developed byScottish Enterprise and Highlands and Islands Enterprise on behalf of theScottish Ministers. The purpose of the N-RIP was to identify sites that hadsuitable laydown and quayside access, with the focus on Scottish ports andharbours, for the development of a globally competitive offshore renewablesindustry based in Scotland. The focus of the N-RIP is on the feasibility of, orpotential for, economic investment in this regard. The N-RIP Stage 1 report(February 2010) developed a spatial framework of eleven first phase port andharbour sites, based on best fit locations against offshore wind industryneeds, with a view to creating clusters of economic activity around these keylocations. The N-RIP Stage 2 report (July 2010) set out the investmentrequired to fully develop these sites and set out the timescale for developmentof wave and tidal projects in the Pentland Firth and Orkney Waters area.

2.15 An SEA was undertaken of the offshore wind component of the N-RIP and theEnvironmental Report was published for public consultation in September2010. The focus was on offshore wind, as the wave and tidal energy sector isat an earlier stage of development. Accordingly, its requirements for portinfrastructure are still evolving. In the light of this uncertainty, it was notpossible to assess the potential environmental effects of port development insupport of the wave and tidal energy sector at this stage. The N-RIP will beupdated in due course to consider support for the wave and tidal energyindustry, as more information about the industry’s requirements becomesavailable. SEA of port developments to support the wave and tidal energysector will be undertaken at that time.

2.16 The SEA will consider the environmental effects of wave and tidal arrayconstruction in general. However, the onshore environmental effects ofconstruction will be considered as part of the updated N-RIP SEA.

6 The cumulative effects assessment will also consider the other activities in the marine environment;see Section 4 of this report which discusses the assessment methodology.

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Description of the Plan

2.17 Work has been undertaken by The Crown Estate and Marine Scotland toidentify areas in Scottish territorial waters which are suitable for wave andtidal development. A summary of this work is provided in Appendix 2. Theplan will build on the areas identified to date (Figure 3):

the eleven Pentland Firth and Orkney Waters Leased Areas; the five areas of interest identified through the Saltire Prize Programme

Regional Locational Guidance work; and the three sites included in The Crown Estate’s Further Scottish Leasing

Round announced in May 2011.

These areas have the potential to be classed as areas for development.

2.18 It will also be necessary to consider whether there are additional areas thatcould be considered for development to provide a fuller picture of nationalopportunities for development. The Saltire Prize Scoping Study undertakenby Marine Scotland Science, for example, will be the source of an initial set ofproposals that could be considered for additional development. MarineScotland Science will also investigate the feasibility of sites in offshore waters(i.e. 12-200 nm). The results of this work will be reported as RegionalLocational Guidance. It is also likely that Marine Scotland Science willinvestigate the feasibility of wave and tidal development on the east coast (0-200 nm), as this area was excluded from the 2007 SEA.

2.19 Wave and tidal demonstration sites have been identified (see Appendix 2).These will not be included in the plan and will therefore not be subject to SEA.However, they will be included in the cumulative effects assessment.

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Figure 3

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2.20 The approach to plan preparation is set out in Figure 4. The key tasks of planpreparation will comprise:

collating the existing leased areas and ‘Areas of Opportunity’ into an InitialPlan Framework;

commencing the pre-consultation process with key stakeholders.Information and issues identified during the pre-consultation will be fed intothe Sustainability Appraisal assessments. This process will continuethroughout draft plan preparation;

undertaking the Sustainability Appraisal assessments of the Initial PlanFramework, comprising SEA, Habitats Regulations Appraisal (HRA), thesocio-economic impact assessment, and the Regional LocationalGuidance (12-200 nm), to front-load plan preparation. These will beundertaken concurrently and will assess ‘Areas of Opportunity’ arisingfrom the Regional Locational Guidance as these become available;

in light of the results of these assessments, preparing the draft plan. It islikely that there will be iteration between this step and the SustainabilityAppraisal assessments;

publishing the draft plan and Environmental Report for public consultation; analysing the consultation responses and, if necessary, amending the

draft plan; and publishing the plan and the Post-Adoption Statement.

2.21 Key facts about the plan are summarised in Table 1.

Table 1. Key facts about the Plan

ResponsibleAuthority

Marine Scotland

Title Sectoral Marine Plan for wave and tidal energy in Scotland’s RenewableEnergy Zone

Purpose To provide a framework for progressing the development of wave and tidalenergy projects in Scottish territorial and offshore waters.

What prompted theplan?

Scottish Government’s climate change and renewable energy policy andEU commitments

Subject Renewable energy, marine planning and environmentPeriod covered 2012-2030Frequency ofupdates

The plan is to be reviewed every 2 years and updated if required. Thereview cycle will in due course be aligned with other sectoral Plans and theNational Marine Plan.

Area covered Scottish territorial and offshore watersSummary ofnature/ content

The plan has not yet been drafted, but it is expected that it will include anational strategy for the development of wave and tidal energy in Scottishterritorial and offshore waters, which sets out potential areas fordevelopment in the short, medium and long term.

Objectives? Yes. These are in preparation.Date July 2011Contact Amanda Chisholm, Environmental Assessment Team

[email protected] or 0131 244 7806

Phil Alcock, Marine Scotland, Marine Renewables and Offshore WindTeam: [email protected] or 0131 244 6602

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Figure 4. The Plan Preparation Process

Initial PlanFramework

SustainabilityAppraisal

SEAReview

HRA Socio-Economic

ImpactAssessment

RegionalLocational

Guidance (0-200 nm)

FinalPlan

SEA PostAdoptionStatement

NationalMarine Plan

Draft Plan StatutoryConsultation Regional

MarinePlans

Pre-Statutory Consultation

AdditionalAssessment(if required)

AdditionalConsultation(if required)

ConsultationAnalysis

Saltire PrizeRegional Locational

Guidance

Saltire PrizeScoping Report

MarineRenewables SEA

Pentland Firth andOrkney Waters

Regional LocationalGuidance

Pentland Firth andOrkney Waters

Strategic LeasingArea (TCE)

Saltire PrizeFurther ScottishLeasing Round

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3. CONTEXT FOR THE SEA

Policy Framework

3.1 The Environmental Assessment (Scotland) Act 2005 requires responsibleauthorities to identify the broader policy context and the environmentalprotection objectives relevant to the plan that is being assessed. The broaderpolicy context is described in Section 2 of this report.

3.2 Relevant environmental protection objectives are set out in Appendix 37. Insummary, the following key environmental protection objectives are ofparticular relevance to the plan:

Biodiversity policies range from broad commitments to protection andenhancement of key species and habitats, to objectives that focusspecifically on conserving marine ecosystems. Marine features accountfor a significant proportion of all protected resources. Particular protectionis afforded to migratory birds and marine species, including cetaceans,through international agreements.

Relevant objectives that support population and human health includethose which aim to control bathing water quality. Access legislation andguidance on recreational use are also relevant considerations.

Objectives relating to the water environment (inland, coastal and offshore)aim to reduce pollution and improve the ecological status (including overallwater quality) of water bodies, as well as controlling other operations suchas engineering and coastal flood defences. Both the Water FrameworkDirective and the Marine Strategy Framework Directive set environmentalobjectives for the marine environment.

Climate-related objectives set targets for the mitigation of greenhouse gasemissions at the international and national levels, including both emissionreduction and adaptation measures.

Cultural heritage objectives include commitments to protecting thehistoric environment whilst increasing understanding and awareness of itsvalue. Key objectives relate to coastal and offshore designated and non-designated features, including archaeology and wrecks.

Objectives relating to landscapes and seascapes reflect the broaderframework provided by the European Landscape Convention, whichemphasises a broad and inclusive approach to landscape protection andenhancement. The diversity and scenic value of coastal seascapes isincluded as a key theme in the updated Natural Heritage Futures seriesproduced by SNH.

Environmental Baseline

3.3 The Environmental Assessment (Scotland) Act 2005 requires responsibleauthorities to provide details of the character of the environment which maybe affected by the proposed plan, including any existing environmental

7 This information draws on previous relevant SEAs, including the SEA of the Scottish Government’s plan for offshore windenergy in Scottish territorial waters and the SEA of the Marine Bill.

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problems. This section of the scoping report provides an indication of thecontent and level of detail to be provided in the environmental baseline for theassessment of the plan.

3.4 As the plan will propose areas where wave and tidal development could besupported, national-level environmental information will be used to establishthe environmental baseline to be used in the SEA.

3.5 The SEA will build on the baseline information provided in the MarineRenewables SEA 2007. Additional information will come from:

Scotland’s Marine Atlas, published in March 2011. The assessment of thebaseline environment contained in the atlas will contribute to the evidencebase for the development of the plan and will also assist in identifyingexisting problems in the marine environment;

the suite of SEA studies undertaken by DECC and other administrations,e.g. Northern Ireland, in support of offshore energy (see paragraph 4.8);

environmental research studies undertaken by Marine Scotland (inpartnership with SNH and The Crown Estate) in the Pentland Firth andOrkney Waters, as the results of these become available;

the results of EMEC device research at Billia Croo and Falls of Warness; emerging outputs from the Pentland Firth & Orkney Waters Inshore

Fishing Study; and emerging outputs from the Sound of Islay tidal demonstration site.

Details of the baseline information we expect to collect and use in the courseof the assessment are set out in the following paragraphs.

Biodiversity, flora and fauna

3.6 Baseline information will include:

Natura sites (Special Areas of Conservation, Special Protection Areas).This will include (but not be limited to) inshore and offshore SACs and the31 SPAs extended in 2009 to protect their adjacent marine habitats;

Ramsar sites; European Protected Species, e.g. cetaceans and other marine mammals

including dolphins and seals; Scottish Marine Protected Areas for biodiversity (should this information

become available in the course of the assessment); Priority Marine Features, where this information can be applied; UK biodiversity action plan species and habitats; and coastal sites with biodiversity interest, e.g. Sites of Special Scientific

Interest.

Identified habitats will include marine, coastal, intertidal, benthic and terrestrialhabitats, as appropriate.

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Population and human health

3.7 Baseline information on population and human health will relate to theenvironmental aspects of these topics8 and will include:

bathing and shellfish water quality coastal and marine recreation and access

3.8 We do not intend to include baseline information on air quality, given that airquality has been scoped out of the assessment (see Section 4).

Water

3.9 The water topic will include inshore, coastal, intertidal and marine waters.Inland waters will be included where appropriate, for example where riverinedischarges affect estuarial water quality. Baseline information will include theecological status of these water bodies. The topic of flooding will be exploredto ascertain whether existing sensitivities would be affected by offshore waveand tidal developments; if so, baseline information regarding flooding risk willbe included.

Climatic factors

3.10 Baseline information will include predictions regarding the results of climatechange, e.g. increase in water temperatures, sea level rise, changes to thecoastline, wave heights, etc. The most up-to-date UKCIP scenarios will beused.

Air

3.11 We do not intend to include baseline information on air quality, given that airquality has been scoped out of the assessment (see Section 4).

Soil, geology and coastal processes

3.12 Baseline information will include:

coastal Sites of Special Scientific Interest designated for their geologicaland/or geomorphological interest

areas of the coast sensitive to changes in erosion/accretion patterns(where this information is available)

bathymetric, hydrographic and marine sediment information

8 The socio-economic aspects of population and human health will be more appropriately captured bythe socio-economic impact assessment.

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Cultural heritage

3.13 Baseline information will include:

location of key historic environment features in the coastal and marineenvironment, including listed buildings, scheduled monuments, Gardensand Designed Landscapes and designated wrecks; and

where available, information on marine archaeology.

Landscapes and seascapes

3.14 Baseline information will include:

location and special qualities of National Scenic Areas; and coastal and seascape character units (from Scott et al, 2005. Note that

sensitivity information contained in this report will not be used in the SEA).

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4. APPROACH TO THE ASSESSMENT

4.1 The SEA will be undertaken in two parts:

the gathering and analysis of baseline information will be used to front-load the development of the plan; and

the areas identified as potentially suitable for development will be subjectto assessment.

Scope of the Assessment

4.2 The maintenance exercise will involve revisiting the Marine Renewable SEA2007, updating it, and extending it. The 2007 SEA only considered the northand west coasts within Scottish territorial waters. However, followingexecutive devolution of renewable energy in Scotland’s offshore zone toScottish Ministers in 2006, this SEA will also consider the possibilities ofdevelopment in the entirety of Scottish waters (0-200 nm).

4.3 The scope of the environment to be subject to assessment will includepotential effects on the marine, coastal, and terrestrial environments.

4.4 An initial review of the plan’s contents and the receiving environmentsuggests that effects on any specific SEA topic area cannot be entirely ruledout at this stage, apart from effects on air quality and material assets.Consequently, Marine Scotland proposes that all the environmental topics willbe scoped into the assessment apart from air quality (Table 2).

Scope of the Plan to be Assessed

4.5 As noted in Section 2, the plan will identify potential areas for wave and tidalenergy development. The SEA will assess, in the first instance, the potentialof these proposed areas for environmental effects. These areas will include:

the eleven Pentland Firth and Orkney Waters Leased Areas; the five areas of interest identified through the Saltire Prize Programme

Regional Locational Guidance work; and the three sites included in The Crown Estate’s Further Scottish Leasing

Round announced in May 2011.

4.6 The assessment will also take account of:

the emerging results of the Regional Locational Guidance (0-200 nm),including any potential ‘Areas of Opportunity’ on the east coast ofScotland.

the potential effects of onshore and offshore grid connections, where thisinformation is available.

the emerging outputs from the Pentland Firth and Orkney Water MarineSpatial Plan pilot project.

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Relationship Between this SEA and Previous Assessments

4.7 A considerable amount of work has already been undertaken which exploresthe environmental effects of a range of activities within the UK and Scottishmarine environment. This SEA will build on, rather than duplicate, existingsources of information. This includes the SEA work done by DECC onoffshore energy; the SEA of the Sectoral Marine Plan for Offshore WindEnergy in Scottish Territorial Waters; and the Sustainability Appraisal of theNational Marine Plan for Scotland (on-going).

Table 2. Proposed scoping in / out of SEA topics

Topic Potential Effect Scopein?

Biodiversity,flora andfauna

potential loss and/or damage to marine and coastal habitats(including benthic and intertidal), e.g. smothering of benthichabitats, substratum loss

potential effects on species (e.g. physical disturbance, noise,collision risk, habitat exclusion, barriers to wildlife movement)

effects on coastal habitats and species from changes to coastalprocesses

effects of pollution on species and habitats, including increasedsuspended sediment/turbidity

effects on marine wildlife from electric and magnetic fieldsassociated with sub-sea cables

effects on habitats and/or species resulting from changes in tidalflow and wave regime

Yes

Populationand humanhealth

noise emissions effects on recreation and access, including disruption

Yes

Water andmarineenvironment

effects on ecological status effects on water quality, e.g. due to accidental contamination,

increased turbidity effects on flooding

Yes

Climaticfactors

the direct effect of wave and tidal arrays on climatic factors isuncertain, so this topic has been scoped in

carbon benefits assessment

Yes

Air emission of pollutants from marine activities is not considered tobe significant

No

Marinegeology andcoastalprocesses

potential effects on coastal processes disturbance of contaminated sediments, e.g. during device

installation changes in sediment and coastal processes due to energy

extraction

Yes

Culturalheritage

loss of and/or damage to historic environment features and theirsettings, including coastal and marine archaeology

Yes

Landscape /seascape

effects of infrastructure development on landscape and/orseascape

Yes

Materialassets

effects on other marine users and infrastructure will be includedin the socio-economic impact assessment, e.g. navigationalsafety; collision risk for vessels; long-term displacement offishing activity; etc

No

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4.8 The suite of SEA studies undertaken by DECC includes the following:

SEA 1 Deep water along the UK and Faroese boundary – oil and gas(2001)

SEA 2 Central spine of the North Sea – oil and gas (2002) SEA 2 (extension) Outer Moray Firth – oil and gas (2002) SEA 4 north and west of Shetland and Orkney – oil and gas (2004) SEA 5 Parts of the northern and central North Sea to the east of the

Scottish mainland, Orkney and Shetland SEA 6 Parts of the Irish sea (2006) SEA 7 Offshore areas to the west of Scotland (2008) Offshore Energy Strategic Environmental Assessment (2009) Offshore Energy Strategic Environmental Assessment 2 (nearing

completion) Offshore Renewable Energy Strategic Action Plan (Northern Ireland)

2009-2020 (DETI)

Assessment methodology

4.9 The SEA will consider the environmental effects of proposed ‘Areas ofOpportunity’ and consider appropriate mitigation measures that could beintroduced on a strategic scale.

4.10 The potential areas proposed for wave and tidal development will beassessed using:

SEA objectives; and spatial information stored on the Scottish Government’s Geographic

Information System (GIS).

Table 3 sets out the SEA objectives, which have been developed on the basisof the initial review of the existing environment and the environmentalprotection objectives (Section 3).

4.11 The Scottish Government’s GIS will be used to identify suitable areas fordevelopment, in addition to those already identified. The Crown Estate’sMarine Resource System (MaRS) may also be used for this purpose. Shouldthis occur, prior consultation with the Consultation Authorities and the UKConsultation Bodies will take place to discuss the use of this system, forexample, the weights to be assigned to each of the siting criteria.

Reasonable alternatives

4.12 The identification of reasonable alternatives will be undertaken as part of theplan preparation process. For this plan, it is considered that the reasonablealternatives are likely to comprise different areas for development. ‘Areas ofopportunity’ can only be considered to be reasonable where there is sufficientwave or tidal resource to support development. In addition, as much aspossible, the identification of these areas will employ the avoidance of

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environmental effects through the locational exercise, e.g. the RegionalLocational Guidance (0-200 nm)

4.13 All the areas identified to date (see paragraph 4.5) will be treated asreasonable alternatives, as well those which will be identified through theRegional Locational Guidance (0-200 nm).

Alternatives may also be identified as mitigation measures, where necessary,and these would also be subject to assessment.

Consultation

4.14 The plan preparation process includes pre-consultation with key stakeholders.Information and issues identified during the pre-consultation will be fed intothe SEA, as well as into the plan. This process will continue throughout draftplan preparation.

4.15 Consultation on the screening and scoping report will involve:

the Consultation Authorities in Scotland, including JNCC; the Consultation Bodies in England, Wales and Northern Ireland; potentially affected Member States and other non-EU countries, including

Norway; and key stakeholders, including environmental and industry organisations.

4.16 The draft plan and the Environmental Report will be published for publicconsultation, and public workshops will be held where both of these will be thesubject for discussion. Marine Scotland propose a period for consultation of16 weeks on the draft plan and the Environmental Report. The Non-TechnicalSummary will be an important tool for the consultation.

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Table 3. Proposed SEA Objectives

SEA Topics Proposed SEA ObjectiveBiodiversity,flora andfauna

To safeguard marine and coastal ecosystems, and theirinteractions.

Populationand humanhealth

To avoid adversely affecting recreational users. To avoid adverse effects on human health from water pollution

and nuisance effects e.g. noise.Water To avoid pollution of the coastal and marine water environment.

To maintain or work towards good ecological status. To avoid increased flooding risk as a result of wave and tidal

arrays.Climaticfactors

To reduce greenhouse gas emissions from marine activities. To ensure that adaptation to climate change impacts is built into

plans for future infrastructure.Air No SEA objectives are proposed, as this topic has been scoped

out of the assessment.Marinegeology,sedimentand coastalprocesses

To avoid exacerbating coastal erosion. To maintain integrity of sediment and coastal processes. To maintain and protect the character and integrity of the seabed.

Culturalheritage

To protect and, where appropriate, enhance the historic marineenvironment.

To avoid damaging known and unknown coastal and marinearchaeology.

Landscape To avoid adversely affecting landscape/seascape. To promote the protection of seascape and coastal landscapes.

MaterialAssets

No SEA objectives are proposed, as this topic has been scopedout of the assessment.

Assessment framework

4.15 The findings will be set out in matrices with explanatory text to describe howdecisions were reached and to record the evidence that was used. Thematiccumulative and synergistic effects will be assessed and recorded, as willcharacterisation of effects. The matrices will be appended to theEnvironmental Report for reference. The proposed format is set out in Table4.

21

Table 4: Proposed assessment matrix

Receptor Effect Characteristic9 Mitigation ResidualEffects

Biodiversity,flora & fauna

Loss of birdoverwinteringhabitat to tidalarray10

Significantnegative effect:direct,permanent

Population &healthWater

Climatic factors

Air

Soil

CulturalheritageLandscape

Material Assets

4.16 The results of the assessment will be reported in the Environmental Report asa summarised narrative, supported by the detail in the assessment matricesappended to the report. The narrative will include, as appropriate:

baseline characteristics of the areas likely to be affected by the activity; the results of the appraisal of the plan elements; the results of the assessment of potential cumulative effects11; and proposed mitigation and residual effects.

Identifying mitigation and monitoring proposals

4.17 Mitigation measures will be identified as an integral part of the assessmentprocess. Monitoring proposals are likely to focus on the significantenvironmental effects that are identified during the course of the SEA and onimplementation of mitigation measures where appropriate. Where possible,existing data sources and indicators will be linked with relevant indicators, tominimise resourcing requirements for additional data collection.

9 timescale, primary / secondary, cumulative, synergistic etc10 example only11 the cumulative effects assessment will consider the potential cumulative effects of other plans andprojects, including demonstration sites

22

5. NEXT STEPS

5.1 This final chapter sets out the next steps for the SEA, including an indicativetimeline and milestones (Table 5).

Table 5. Indicative timescale and milestones for the plan and its SEA

Indicativetiming

Plan SEA

Summer 2011 commence plan preparation

July 2011 SEA Screening and ScopingReport submitted to SEA Gateway(and thence to ConsultationAuthorities/Bodies and keystakeholders)

August 2011

preparation of Initial PlanFramework

Screening and scoping responsesreceived from ConsultationAuthorities/Bodies and others

September 2011 Assessment of SEA Screening andScoping Consultation responses

September2011-April 2012

draft plan preparationHRAsocio-economic impactassessment

undertake SEA and prepareEnvironmental Report

Summer 2011-Autumn 2012

consultation as part of plan preparation and AoS/SEA

September 2011 pre-consultation workshopsAutumn 2012 publish draft plan for public

consultation (16 weeks)publish Environmental Report forpublic consultation (16 weeks)

Autumn 2012 undertake publicconsultation events

undertake public consultationevents

Spring 2013 Publish final plan Publish Post Adoption Statement

23

Appendix 1: Screening OpinionSectoral Marine Plan for Wave and Tidal Energy in Scotland’s RenewableEnergy Zone

A1.1 The Sectoral Marine Plan for Wave and Tidal Energy in Scotland’s RenewableEnergy Zone falls under section 5(4) of the Environmental Assessment(Scotland) Act 2005 (‘the Act’). This is because the Section 5(3) criteria do notall apply to the plan; in particular, the plan is not the result of a legislative,regulatory or administrative provision. As a result, Marine Scotland hasundertaken screening to determine whether or not the plan will generatesignificant environmental effects. This has been determined by an assessmentagainst the criteria specified in Schedule 2 of the Act. Marine Scotland’s viewson this are set out in Table A1 below.

TABLE A1 – LIKELY SIGNIFICANCE OF EFFECTS ON THE ENVIRONMENT

Criteria for determining the likelysignificance of effects on the environment

Likely to havesignificant

environmentaleffects?

Summary of significantenvironmental effects

1(a) the degree to which the PPS sets aframework for projects and other activities, eitherwith regard to the location, nature, size andoperating conditions or by allocating resources

Yes The plan will provide a national,overarching framework withinwhich projects for wave andtidal energy will be developedfurther. It is likely to focus onlocational requirements.

1(b) the degree to which the PPS influencesother PPSs including those in a hierarchy

Yes The plan will feed into theemerging process of marinespatial planning in Scotland.

1(c) the relevance of the PPS for the integrationof environmental considerations in particular witha view to promoting sustainable development

Yes The plan and its SEA have akey role to play in ensuring thatplans for sustainable renewableenergy development considerenvironmental sensitivities andcapacity.

1(d) environmental problems relevant to the PPS Yes There are numeroussensitivities and environmentalpressures already existing inthe Scottish marineenvironment. Ourunderstanding of the characterand value of Scotland’s marineenvironment remains relativelylimited, and as a result it islikely that many key resourcesare not formally protected (e.g.unexplored habitats, unknownarchaeology) and are thereforevulnerable to change anddevelopment.

1(e) the relevance of the PPS for theimplementation of Community legislation on theenvironment (for example, PPS linked to wastemanagement or water protection)

Yes The plan has a key role to playin delivering European levelobjectives relating to climatechange, and renewable energy,whilst also recognising the

24

Criteria for determining the likelysignificance of effects on the environment

Likely to havesignificant

environmentaleffects?

Summary of significantenvironmental effects

continuing importance ofDirectives relating to the marineand terrestrial environments(e.g. marine strategy, birds,habitats). Water protectionobjectives are also relevant tothe plan and its assessment.

2 (a) the probability, duration, frequency andreversibility of the effects

Yes The plan is likely to generateeffects, and some may beirreversible, or could continuethroughout the life of the waveor tidal development.

2 (b) the cumulative nature of the effects Yes The plan is of a national scaleand could provide a frameworkwithin which several wave ortidal arrays may be developed.Developments in the plan couldalso act in combination withother plans or projects. Thereis therefore potential togenerate cumulative effects inspatial terms (e.g. in andaround specific areas) or inrelation to particularenvironmental receptors (e.g.marine biodiversity, landscapesand seascapes etc.)

2 (c) transboundary nature of the effects (i.e.environmental effects on other EU MemberStates)

No Based on the findings of arecent SEA by DECC ofoffshore wind and oil and gas inthe renewable energy zone, nosignificant transboundaryeffects are expected. However,consultation with neighbouringMember States will beundertaken.

2 (d) the risks to human health or theenvironment (for example, due to accidents)

No No specific risks to humanhealth are expected as a directresult of the plan. Potentialhazards to other users of thesea will be assessed by thesocio-economic impactassessment.

2 (e) the magnitude and spatial extent of theeffects (geographical area and size of thepopulation likely to be affected)

Yes The plan covers all Scottishterritorial and offshore waters,i.e. 0-200 nm. Its national scalesuggests that its content hasthe potential to generatesignificant effects.

2 (f) the value and vulnerability of the area likelyto be affected due to-(i) special natural characteristics or culturalheritage;

Yes The plan relates to the marineenvironment. This has a wealthof natural assets. Many of itsassets, however, remain

25

Criteria for determining the likelysignificance of effects on the environment

Likely to havesignificant

environmentaleffects?

Summary of significantenvironmental effects

(ii) exceeded environmental quality standards orlimit values; or(iii) intensive land-use.

unexplored and are notpresently formally protected,making them vulnerable toadverse effects fromdevelopment. This includesseabed habitats and offshorearchaeology, seascapes andunderwater landscapes.

2 (g) the effects on areas or landscapes whichhave a recognised national, Community orinternational protection status

Yes Many National Scenic Areas inScotland have coastal elementswhich have the potential to bedirectly or indirectly affected bywave or tidal development.There are also World HeritageSites which may be similarlyaffected.

A summary of Marine Scotland’s view regarding the potential significant environmentaleffects of the plan is provided below.

SUMMARY OF ENVIRONMENTAL EFFECTS

The Sectoral Marine Plan for Wave and Tidal Energy in Scotland’s Renewable Energy Zone willprovide a national framework within which development will be progressed over the coming years. Itsnational focus should provide scope to define where there may be more or less technical andenvironmental capacity to absorb this type of development without causing significant adverseenvironmental effects. The plan will also contribute positively to the wider policy agenda for climatechange mitigation in Scotland. The nature of the development supported by the plan, combined withits scale and the sensitivity of the marine environment, suggest that it is likely to have significantenvironmental effects. As a result, Marine Scotland is of the opinion that an SEA of the plan will berequired. In accordance with Section 9(3) of the 2005 Act and Regulation 9(2) of The EnvironmentalAssessment of Plans and Programmes Regulations 2004., the views of the Consultation Authoritiesand Consultation Bodies are now sought.

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APPENDIX 2: Summary of work undertaken to identify potential areas of waveand tidal development in Scottish waters

A2.1 The Crown Estate, after competitive leasing rounds for demonstration andcommercial scale project sites, has awarded 11 lease agreements to marinerenewable energy developers in the Pentland Firth & Orkney Waters - 6 waveand 5 tidal projects with a total potential generating capacity of 1.6 Giga Watts(GW):

In March 2010, The Crown Estate announced the award of leases to waveand tidal developers for ten areas within the Pentland Firth and OrkneyWaters. Collectively, these areas have a potential generation capacity ofaround 1.2 Giga Watts (GW).

In October 2010, The Crown Estate announced the award of an additionallease for an area within the Pentland Firth, the Inner Sound lease area.This area has the potential to generate up to 400 Mega Watts (MW). Withthe addition of the Inner Sound the total potential generating capacity is1.6 GW.

A2.2 In support of The Crown Estate’s lease awards, Marine Scotland (inpartnership with The Crown Estate and SNH) has been taking forward anumber of environmental studies in the Pentland Firth and Orkney Waters todetermine marine species movements, behaviour and potential interactionswith devices. The research has specifically targeted seal, cetacean and birdspecies that are known to populate the Pentland Firth & Orkney area. TheSEA will take account of the conclusions of these studies when they becomeavailable.

Saltire Prize Programme – Scoping Study Exercise

A2.3 The Saltire Prize of £10 million will be awarded by the Scottish Government tothe team that can demonstrate a commercially viable wave or tidal streamenergy technology that achieves the greatest volume of electrical output of atleast 100 GWh over a continuous 2 year period before 2017. All wave andtidal stream energy developments, including the aforementioned projects inthe Pentland Firth and Orkney waters, will be eligible to compete for the prize,under the condition that they are in a site in Scottish waters leased by TheCrown Estate.

A2.4 Following The Crown Estate’s award of lease agreements for development inthe Pentland Firth Leasing Area, Marine Scotland and The Crown Estateworked in partnership to identify further areas for development. In March2010, Marine Scotland published a Scoping Paper on the proposedgeographic areas to be included in the Further Scottish Leasing Round forwave and tidal energy developments under the Saltire Prize Programme.Seven areas were identified as potentially suitable, two for tidal energy andfive for wave energy. In response to comments received on the study, MarineScotland undertook a further, more detailed, analysis of the proposed areasand produced Regional Locational Guidance.

27

A2.5 The selection took account of a number of characteristics, namely thatpotential areas of interest should:

have the necessary natural resources of wave and/or tidal stream power; be identified as having commercial potential; avoid sensitive areas and have limited impacts on existing marine uses; have regard to the requirements of national security; and have access to the necessary infrastructure, or be able to access new

infrastructure provided within the Saltire Prize timescale.

A2.6 To select the proposed areas, Marine Scotland used The Crown Estate'sMarine Resource System (MaRS) to develop a spatial representation of therelative strength of constraints applying to different areas of the sea. A widerange of constraints were taken into account. Some areas (termedexclusions) such as Natura sites and International Maritime Organizationroutes, and areas leased for future offshore wind farm developments, weretreated as being unavailable for the further Scottish wave and tidal leasinground, while others (termed restrictions) were treated as partial constraints.

A2.7 The Scoping Study formed the basis for the preparation of more detailedRegional Locational Guidance for potential developers.

Saltire Prize Programme – Regional Locational Guidance

A2.8 The Regional Locational Guidance built upon the findings of the earlierScoping Study and applied further environmental and technical sensitivitytesting to the seven areas previously identified. Through the additionalenvironmental and technical sensitivity testing Marine Scotland identified andproposed five ‘areas of interest’ which may be the most suitable fordevelopment in the Saltire Prize timescale: west of Shetland; south-west ofShetland; west of Lewis; west of the Mull of Kintyre; and south-west of Islay.The first two are for tidal energy; the last three are for wave energy.

A2.9 The Regional Locational Guidance provides guidance to planners, regulators,developers, consultants and interested stakeholders on the resource andphysical characteristics of the five areas and the potential for interactions withother users and the environment. It is available athttp://www.scotland.gov.uk/Publications/2010/09/17095123/0.

A2.10 The Regional Locational Guidance collates and presents a range ofinformation relevant to the development process and, based on this, MarineScotland’s appreciation of the physical characteristics and the relative degreeof constraints in these areas. Although the Regional Locational Guidancedoes provide knowledge and available data on environmental and technicalinteractions and constraints, the areas need to be considered further duringthe Sustainability Appraisal to ascertain, for example, further environmentalimpacts and appropriate mitigation measures.

The Crown Estate - Further Scottish Leasing Round

A2.11 The Regional Locational Guidance ‘Areas of Opportunity’ were used by TheCrown Estate as a basis for the Further Scottish Leasing Round for wave and

28

tidal energy developments, announced on 22 September 2010 to facilitate theentry of projects to the Saltire Prize Programme. The lease awards wereannounced on 19 May 2011 for three new sites, one off West Shetland andtwo off West Lewis.

Demonstration Strategy

A2.12 Marine Scotland are taking forward a Demonstration Strategy for the siting ofwave and tidal devices in Scotland's marine environment. The renewablesdemonstration strategy is a component of the MS approach to reducing theenvironmental uncertainty currently inherent in the licensing of renewablesdevelopments in Scottish waters. The principle is that MS would formpartnerships with developers to take advantage of the opportunities presentedby early projects to make targeted investigations of particular aspects of theenvironmental interactions of the development. Information, beyond themonitoring which would be required of the developer as consent conditions,would be obtained and used to inform the consenting of future developments.

A2.13 As part of The Crown Estate Further Leasing Round, leases were alsoawarded for two demonstration sites, Kyle Rhea and Sound of Islay12.

12 The two demonstration sites will not be assessed by the SEA, as they are not to be included in theplan; however, they will be included in the cumulative effects assessment.

29

Appendix 3: Environmental Protection Objectives

Plan,Programme or

Strategy

Objectives Implications / Comments

Marine PolicyInternationalUN Conventionon the Law ofthe Sea 1982(UNCLOS)

Defines the rights and responsibilitiesof nations in their use of the world'soceans, establishing guidelines forbusinesses, the environment, and themanagement of natural resources.

This frameworkemphasises the need tobalance competinginterests and objectiveswithin the marineenvironment.

EuropeanEuropeanMarineStrategyFrameworkDirective 2007(MSFD)

The MSFD is the most recent marineobligation on EU Member States. Itextends the requirements of theWater Framework Directive (WFD)into seas beyond 1nm. The MSFDrequires Member States to "takenecessary measures to achieve ormaintain good environmental statusin the marine environment by the year2020 at the latest".

Important overarchingprotective policy for themarine environment. Theplan should seek toensure that it supportsthese objectives.

EuropeanIntegratedMaritime Policy2007

Aims to deliver a sustainabledevelopment approach for Europe'soceans and seas. Its scope includes:a marine transport strategy and newports policy; research and datacollection and managementstrategies, and work to mitigate theeffects of climate change on coastalregions.

This provides an importantframework within whichthe plan will be developed.

EU CommonFisheries Policy

The current reform of the CommonFisheries will include proposals forthe protection of certain fish species.

The plan should take intoaccount the aims of thereform.

United KingdomCoastProtection Act1949 (asamended byThe CoastProtection(Notices)(Scotland)Regulations1988 and TheCoast

Sets out the licensing and regulatoryframework within which activitiesincluding navigation and flooddefences are set. Aims to protect thecoast from erosion and encroachmentand to ensure safety in navigation.Excludes some tidal waters inScotland. Local authorities whichinclude coastline within theirboundaries are designated as coastalprotection authorities and given

The plan should take intoaccount the aims of thelegislation (coastal andnavigational protection)and ensure that anyelements of its proposalscomply with its provisions.

30

Plan,Programme or

Strategy

Objectives Implications / Comments

Protection(Notices)(Scotland)AmendmentRegulations1996)

specific duties and powers toundertake coastal defence workswhere necessary.

Marine andCoastal AccessAct 2009

The key issues covered by the Actcomprise: the creation of a MarineManagement Organisation (MMO);planning in the marine area; licensingactivities in the marine area; marinenature conservation; managingmarine fisheries; reform of inland andmigratory fisheries; modernisationand streamlining of enforcementpowers; administrative penaltiesscheme for domestic fisheriesoffences; and access to coastal land.

This sets out the broaderpolicy context within whichthe plan is beingdeveloped.

Our seas – asharedresource13

Sets out high level objectives for theUK marine environment. Thisincludes achieving a sustainablemarine economy, ensuring a strong,healthy and just society, living withinenvironmental limits, promoting goodgovernance and using sound scienceresponsibly. Renewable energy isstrongly supported by the strategy.

This provides a broaderframework within whichthe plan will be developed.

ScotlandMarine(Scotland) Act2010

Aims to manage activities withScotland’s marine environment in asustainable way. Notes theimportance of protecting seas whilstfacilitating sustainable economicgrowth. Introduces a new statutorymarine planning system, a simplerlicensing system, improved marinenature and historic conservation withnew powers to protect and manageareas of importance for marinewildlife, habitats and historicmonuments; improved protection forseals and enforcement powers.

This provides a broaderframework within whichthe plan will be developed.

Biodiversity, Flora & FaunaInternationalUN Convention Article 6 requires that all parties to the This broader framework

13 http://www.scotland.gov.uk/Resource/Doc/1057/0080305.pdf

31

Plan,Programme or

Strategy

Objectives Implications / Comments

on BiologicalDiversity (1992)

Convention develop nationalbiodiversity strategies, plans orprogrammes, and that they seek tointegrate the provisions of theseacross other policy sectors. Article 7requires the identification of keyresources and their protection.Monitoring of potentially damagingprocesses and activities should alsobe undertaken. To establishrepresentative networks of protectedareas in the maritime environment by2012.

sets the context withinwhich specificenvironmental protectionobjectives have beendeveloped. The principlesdefined within theConvention should besupported by the plan.

BonnConvention ontheConservation ofMigratorySpecies of WildAnimals 1979

Aims to conserve terrestrial, marineand avian species throughinternational co-operation.

As with the previousConvention, theseconservation objectivesshould be taken intoaccount in thedevelopment of the plan.

Convention onWetlands ofInternationalImportance1971 (amended1982/87)

Otherwise known as the RamsarConvention, this emphasises thespecial value of wetland, particularlyas a key habitat for waterfowl. TheConvention resulted in designation ofsites for management andconservation.

The plan should upholdcommitments toenvironmental protection.

Convention forthe Protectionof the MarineEnvironment ofthe North-EastAtlantic(OSPARConvention).

This Convention led to establishmentof a cross-regional commissionpromoting an ecosystems approachto marine management, includingestablishment of a network of MarineProtected Areas. Its five work areasare biodiversity and ecosystems,eutrophication, hazardoussubstances, offshore industry, andradioactive substances). Climatechange is also a key cross-cuttingtheme. Also includes a BiologicalDiversity and Ecosystems Strategy.

The ecosystems approachto marine planning shouldbe taken into accountwithin the development ofthe plan.

Agreement ontheConservation ofAfrican-EurasianMigratoryWaterbirds

An independent international treatydeveloped under the auspices of theUNEP/Convention on MigratorySpecies. The AEWA covers 235species of birds ecologicallydependent on wetlands for at leastpart of their annual cycle, including

The plan should take intoaccount the priorityafforded to protecting birdspecies which are presentwithin the Scottishterrestrial, coastal andmarine environment.

32

Plan,Programme or

Strategy

Objectives Implications / Comments

1995 (AEWA) species of divers, grebes,cormorants, herons, ducks, swans,geese, waders, gulls, and terns. Anaction plan addresses issuesincluding: species and habitatconservation, management of humanactivities, research and monitoring,education and implementation.

Agreement ontheConservation ofSmallCetaceans ofthe Baltic,North EastAtlantic, Irishand North Seas1992(ASCOBANS)

An agreement on the protection ofsmall cetaceans, noting that themigratory nature of dolphins,porpoises and whales means thatthey can be vulnerable to a range ofmarine activities and issues.

As noted above, the highpriority given to protectionof these species should betaken into account in thedevelopment of the plan.

UN Agreementon StraddlingFish Stocksand HighlyMigratory FishStocks 2001

Sets out principles for theconservation and management ofspecified fish stocks and establishesthat such management must bebased on the precautionary approachand the best available scientificinformation. The Agreementelaborates on the fundamentalprinciple, established in UNCLOS,that States should co-operate toensure conservation and promote theobjective of the optimum utilisation offisheries resources both within andbeyond the exclusive economic zone.

The plan should avoidconflicting with the aims ofconserving and managingfish stocks.

InternationalPlan of Actionfor theConservationandManagement ofSharks 1999

The objective of the IPOA-SHARKSis to ensure the conservation andmanagement of sharks and theirlong-term sustainable use. There are25 species of sharks in Scottishwaters, of which a high proportion arealready or nearly at risk.

The high level ofprotection afforded tosharks should be takeninto account within theplan.

EuropeanCouncilDirective92/43/EEC ontheconservation of

Established a commitment todesignating networks of sites ofecological importance across Europe.These are known as Natura 2000sites and include special protection

The plan should take intoaccount the potentialeffects of site developmenton the network of Natura2000 sites. Commitments

33

Plan,Programme or

Strategy

Objectives Implications / Comments

natural habitatsand of wildfauna and flora(the HabitatsDirective)

areas (SPAs designated under theBirds Directive – see followingparagraph) and special areas ofconservation (SACs).

to protecting habitats andspecies should be upheldwithin the plan.

CouncilDirective79/409/EEC ontheconservation ofwild birds (theBirds Directive)

Protects all wild birds (together withtheir nests and eggs) and theirassociated habitats. Commitment todesignation of SPAs (included inNatura 2000 sites - see precedingparagraph).

Objectives to protectimportant species andhabitats, includinginternationally designatedsites, should be supportedwithin the plan.

BernConvention ontheConservation ofEuropeanWildlife andNaturalHabitats (1979)

Aimed to promote co-operationbetween European states to protectbiodiversity.

The broader framework forenvironmental protectionacross Europe should besupported by the plan.

The Pan-EuropeanBiological andLandscapeDiversityStrategy (1995)

The Strategy aims to reverse thedecline of landscape and biologicaldiversity, by promoting innovation andproactive policy making. It supportspreceding measures for protectingnatural heritage, and aims tosupplement this by further promotinga number of action themes relating todifferent environmental resources.Emphasises the rapid decline ofsome key characteristics andresources, including traditionalhuman-made landscapes, coastalzones, marine areas, wetlands,mountains and grassland.

The SEA should help todeliver these broaderobjectives by ensuring thatkey areas and resourcesare protected in the plan.

EU BiodiversityStrategy (1998)

Aims to “anticipate, prevent andattack” any reduction or loss ofspecies and habitats across Europe.Supports implementation of theHabitats and Birds Directives,supports the establishment ofnetworks of protected sites, aims toachieve conservation by makingplans for priority resources. Alsonotes the importance of biodiversityoutside of protected areas. Refers toagriculture and its role in relation to

The plan should supportthese objectives by takinginto account biodiversityprotection andenhancement, within andoutwith formally protectedareas.

34

Plan,Programme or

Strategy

Objectives Implications / Comments

biodiversity conservation.United KingdomWildlife andCountrysideAct 1981

Provides the framework for protectionof species other than EuropeanProtected Species. Sets outprotection objectives for specifiedbirds and wild animals. The Act’svarious schedules detail the speciesthat are protected under the Act,including dolphins, porpoises, andnumerous birds such as geese andducks. This was reviewed andupdated in December 2008 and itwas recommended that severalfurther species of marine fish shouldbe added to the lists attached to theAct, including shark, seahorse andray species.

The plan should take intoaccount the particularprotection afforded to keyterrestrial, coastal andmarine species.

TheConservation(NaturalHabitats, &c)Regulations1994

Transposes the requirements forprotection of designated sites underthe Habitats and Birds Directives, andthe framework for protection ofEuropean Protected Species.Applies within 12nm. Several marinespecies are protected by variousdevelopment consenting regimescovered by the Act. This includesmarine turtles, all species of dolphins,porpoise and whale, seals andseveral types of marine fish (Atlanticsalmon, barbel etc.)

The plan should take intoaccount the particularprotection afforded to keyterrestrial, coastal andmarine species.

The OffshoreMarineConservation(NaturalHabitats, &c)Regulations2007 (theOffshoreMarineRegulations)

The Regulations extend protection toimportant species and habitats underthe Birds and Habitats Directivesbeyond UK territorial waters ( i.e.outside 12nm). Give protection tomarine species, wild birds andhabitats, mainly through the creationof offences and site protectionmechanisms. Provide the definitionof deliberate disturbance applicableto cetaceans, turtles and the Atlanticsturgeon

The plan should recogniseand support the protectionof important marinespecies and sites whichform part of the Natura2000 network.

UK BiodiversityAction Plan1994 (UKBAP)

In response to the 1992 Conventionon Biological Diversity, this describesthe UK's biological resources,commits a detailed plan for the

The UKBAP specificallyidentified numeroushabitats and species in thecoastal and marine

35

Plan,Programme or

Strategy

Objectives Implications / Comments

protection of these resources. Setsout 1150 species and 65 habitatswhich are priorities for conservationaction in the UK. The list was lastupdated in 2007 and includes 87species in the marine group.Numerous habitats are also relevantto Scotland’s marine environment,including several which are specific tocoastal areas (salt marsh, sanddunes) or the marine environment(including machair, maerl beds, mudhabitats in deep water, estuarinerocky habitats, blue mussel beds,carbonate mounds, tide sweptchannels, reefs, and intertidalmudflats).

environment which shouldbe protected. The planshould seek to ensure thatany developments do notadversely affect thesepriorities.

Marine(Scotland) Act2010

Provides for the protection andconservation of seals in and inadjacent territorial seas. TheHabitats Directive and the 1994Regulations (see above) introducedadditional measures for the protectionof seals.

Protection of seals shouldbe taken into account inthe development of theplan.

ScotlandNatureConservation(Scotland ) Act2004

Introduced a ‘duty to further theconservation of biodiversity’ for allpublic bodies, and sets out morespecific provisions within thisincluding for Sites of SpecialScientific Interest. Also states arequirement for the preparation of aScottish Biodiversity Strategy, towhich all public bodies should payregard. Applies to 12nm aroundScotland and includes protectionmeasures for marine species.

Biodiversity protectionobjectives cover the coastand the immediateoffshore environment.The plan should seek tocontribute positively tobiodiversity protectionobjectives.

Scotland’sBiodiversity –It’s In YourHands. Astrategy for theconservationandenhancementof biodiversityin Scotland

Sets out Scottish aims relating tobiodiversity over 25 year period.Seeks to go beyond a previousemphasis on protecting individualsites to achieve conservation at abroader scale. Aims to halt loss andreverse decline of key species, toraise awareness of biodiversity valueat a landscape or ecosystem scale,and to promote knowledge,

The plan should note andaim to support recognisedecosystems. Wherefeasible operations anddisturbance should besteered away from themost sensitive parts of thecoastal and marineenvironment as noted inthe biodiversity strategy.

36

Plan,Programme or

Strategy

Objectives Implications / Comments

(2004) understanding and involvementamongst people. The Strategy notesthe importance and health ofScotland’s ecosystems, andsummarises key trends.

Population and Human HealthUnited KingdomMarine(Scotland) Act2010

Replaces Part II of the Food andEnvironment Protection Act 1985.Protects the marine ecosystem andhuman health by controlling thedeposit of articles or materials orscuttling of vessels in the sea or tidalwaters.

The plan should contributeto the protection ofecosystem and humanhealth via the marineenvironment.

ScotlandLand Reform(Scotland) Act2003

Set out a new right of responsibleaccess in Scotland, and madeprovisions for community right to buy.Core paths to be identified in eachlocal authority area and identified inan adopted plan, promoting morewidespread functional andrecreational walking, cycling andriding and thereby supportingimproved levels of physical activity.

Focuses on access to landand inland water bodies.The plan should ensurethat developments do notadversely impact on areasor activities of particularinterest to recreationalusers.

Scottish MarineWildlifeWatching Code

Sets out a code of conduct whichshould be abided by recreationaloperators and users when wildlifewatching at sea. Aims to minimisedisturbance to marine wildlife.

The principles underlyingthe Code are relevant insetting the broader contextfor the plan.

WaterInternationalIMOInternationalConvention forthe Preventionof Pollutionfrom Ships1973(MARPOL)

Aims to prevent marine pollution fromships and in part from oil rigs andproduction platforms. It includesannexes covering pollution by oil,noxious liquids, harmful substances,sewage, garbage and air pollution.Recent changes focus on reducingthe sulphur content and particulateemissions from fuel in the shippingsector.14

The plan should bedeveloped taking intoaccount the broaderprotection provided by theconvention.

14 http://i.pmcdn.net/p/ss/library/docs/annexVI_revisions.pdf

37

Plan,Programme or

Strategy

Objectives Implications / Comments

InternationalConvention onOil PollutionPreparedness,Response andCo-operation,1990

Provides a framework forinternational co-operation incombating major incidents or threatsof marine pollution.

As above.

LondonConvention onthe Preventionof MarinePollution byDumping ofWastes andOther Matter1972 (asamended)

Prohibits the dumping of certainhazardous materials, requires a priorspecial permit for the dumping of anumber of other wastes, and a priorgeneral permit for other wastes ormaterials. It also creates a basis ininternational law to allow and regulatecarbon capture and storage (CCS) insub-seabed geological formations.

As above

EuropeanWaterFrameworkDirective2000/60/EC

This provides an overarchingstrategy, including a requirement forEU Member States to ensure thatthey achieve ‘good ecological status’by 2015. River Basin ManagementPlans (RBMPs) were defined as thekey means of achieving this. RecentMarine Strategy Directive will extendcoverage of coastal waters beyond1nm.

The WFD sets out anoverarching frameworkthat aims to ensure thatgood ecological status ismet by 2015. Plans toachieve this are detailed inthe RBMPs.

Bathing WatersDirective(2006/7/EEC)

Aims to protect the public and theenvironment from faecal pollution atwaters used for bathing by largenumbers of visitors. Achieves this bymaking information on quality public,and setting standards to be met by2015.

The importance ofprotecting water quality inrecognised bathinglocations should be takeninto account andsupported by the plan.

United KingdomThe MerchantShippingRegulations200915

Implements Directive 2005/35/EC This contributes to theregulatory context withinwhich the plan should bedeveloped.

MerchantShipping Act1995

General provisions for merchantshipping, seamen, and safety. PartVI focuses on prevention of pollution,including oil pollution. Sets outresponsibilities and liabilities. Also

This contributes to theregulatory context withinwhich the plan should bedeveloped.

15 http://www.opsi.gov.uk/si/si2009/uksi_20091210_en_1

38

Plan,Programme or

Strategy

Objectives Implications / Comments

covers international incidents. Otherissues include lighthouses, salvageand wrecks.

EnvironmentalProtection Act1990

Covers pollution control and wastemanagement. Also covers litter,radioactive substances andgenetically modified organisms.Pollution at sea is specificallycontrolled.

This forms an importantregulatory context withinwhich the plan should bedeveloped.

PollutionPrevention andControl Act1999

Implements Directive 96/61/EC(Integrated Pollution Prevention andControl). Regulating industrial andcommercial activities which maycause environmental pollution and toprevent and control emissions thatare capable of causing any pollution.

The plan should take intoaccount wider pollutionprevention measuresrelating to the waterenvironment.

ScotlandEnvironmentalLiability(Scotland)Regulations2009

Covers incidents of significantdamage to biodiversity, water or land.In accordance with the EuropeanEnvironmental Liability Directive(2004/35/EC), aims to apply thepolluter pays principle by requiringrestoration in such instances.

This forms an importantregulatory context withinwhich the plan should bedeveloped.

WaterEnvironmentand WaterServices(Scotland) Act2003 (WEWSAct)

Transposes the Water FrameworkDirective into the Scottish context.Aims to protect the waterenvironment by ensuring a reliableand high quality supply of water,reducing groundwater pollution, andprotecting marine and other waters.

The plan should supportthe protection of the waterenvironment.

The WaterEnvironment(ControlledActivities)(Scotland)Regulations2005

Sets out the process by whichactivities that have the potential toaffect Scotland’s water environmentare regulated. Authorisation underthe CAR is required for discharging towaters, disposal of pollutants to land,abstractions, impoundments andengineering works affecting waterbodies.

The CAR provides animportant tool formitigating adverse effectson the water environment.This should be taken intoaccount within the plan.

PollutionPrevention andControl(Scotland)Regulations2000

See Pollution Prevention and ControlAct 1999

39

Plan,Programme or

Strategy

Objectives Implications / Comments

SEPA (2008)River BasinManagementPlans ScotlandRiver BasinDistrict /Solway TweedRiver BasinDistrict

Notes the key pressures and theirenvironmental impacts on Scottishwater bodies including coastal areas.Key issues affecting coastal areasinclude diffuse and point sourcepollution, organic matter andammonia, faecal pathogens, toxicsubstances, and loss of intertidalareas. Some of these issues may beexacerbated by climate change.Objectives for specific water bodiescan be found in an interactive map onSEPA’s website16. This also showsthe variation in quality of coastalwater bodies at present.

The objectives defined byRBMPs covering Scotlandare of indirect relevance tothe plan.

ScottishExecutiveEnvironmentGroup (2002)Scotland’sBathing WatersA Strategy forImprovement

Aims to reduce water pollution inorder to specifically improve bathingwater catchments. Measures includechanges to agricultural practices toaddress diffuse pollution, ensuringcompliance with controls of industrialdischarges, and making more use ofSustainable Urban Drainage Systems(SUDS).

The importance of bathingwater quality should betaken into account andsupported as far aspossible within the plan.

Bathing Waters(Scotland)Regulations2008

Implements Bathing Waters Directive.

Flood RiskManagement(Scotland) Act2009

Includes new measures forsustainable flood risk management.This includes co-ordination and co-operation between relevantorganisations, development of floodrisk assessment and planning andtools for delivery and enforcement.Applicable to coastal flood protectionmeasures.

Coastal flood riskmanagement at presentand planned for the futureshould be taken intoaccount within the plan.

Climatic FactorsUnited KingdomEnergy Act2004

Covers the civil nuclear industry,sustainability and renewable energysources. Aims to achievediversification of supply in favour of

The broad aims and morespecific requirements ofthe legislation should betaken into account within

16 http://www.sepa.org.uk/water/river_basin_planning.aspx

40

Plan,Programme or

Strategy

Objectives Implications / Comments

renewable sources. Augments thesystem for determining developmentswithin territorial waters. Provided theCrown Estate with rights to licensethe generation of renewable energyand grant leases for developmentsites out to 200nm.

the development of theplan.

ScotlandClimateChange(Scotland) Act2009

The Climate Change (Scotland) Actincludes a greenhouse gas emissionsreduction target of 80% by 2050 andan interim target of 42% by 2020.Proposals include setting of targetsfor 2050 and interim periods,requirement for annual reporting, andprovisions for meeting targets throughadditional policies and legislation.The targets include emissions fromthe aviation and shipping sectors.

2020Routemap forRenewableEnergy inScotland 2011

The Routemap is an update andextension to the Scottish RenewablesAction Plan 2009. This Routemapreflects the challenge of the newtarget to meet an equivalent of 100%demand for electricity from renewableenergy by 2020.

ClimateChangeDelivery Plan:meetingScotland’sstatutoryclimate changetargets (2009)

Sets out the measures required tomeet Scotland’s targets for climatechange mitigation included in the Act(above). Includes commitments tothe development of the renewableenergy sector, including marinerenewables. Also aims to reduceemissions from aviation and shipping.Further reductions could arise fromthe use of biofuels in shipping andimproved energy efficiencymeasures, but interventions will berequired to achieve this. Notes thatshipping can be an efficient mode offreight transport, despite the recordedemissions from the sector.

Preparing for aChangingClimate(ConsultationPaper) 2009

Second consultation on a climatechange adaptation framework forScotland. It focuses on developing abetter understanding of exposure toclimate change in Scotland,

41

Plan,Programme or

Strategy

Objectives Implications / Comments

improving organisational adaptivecapacity, and taking into account andaddressing competing pressures.Further discussion of the issuesraised in the paper is provided in thebaseline section below.

Adapting OurWays:ManagingScotland'sClimate Risk:Consultation toinformScotland'sClimateChangeAdaptationFramework

This recently published consultationdocument makes various reference tothe need to assist natural resourceswith climate change adaptation, usingexamples such as the habitatnetworks that are proposed within theNPF. Second consultation recentlypublished.

The plan should note that,in addition to high levelcommitments to climatechange mitigation, there isa need to ensure thatadaptation requirementsare built into any long termplans. This could includemeasures to enhanceoffshore ecologicalnetworks in light of futureclimate change impacts.

AirEuropeanEC Directive onAir Quality2008

Sets out the framework within whichnational level strategies aredeveloped. Defines the targets forkey emissions to air. Consolidatesthe previous Directives on air quality.Provides a new regulatory frameworkfor PM2.5.

The plan should take intoaccount the objective ofimproving air quality andavoiding generatingpollution which exceedsstated thresholds.

United KingdomThe RevisedAir QualityStrategy forEngland,Scotland,Wales, andNorthernIreland (2007)

Identifies key standards and targetsfor reducing emissions. Includes along-term set of objectives. Makesspecific reference to the relationshipbetween air quality and health.

The plan should avoidincreasing emissions.

Soil, Geology and Coastal ProcessesScotlandScottish SoilFramework

Provides an overarching policyframework for protection of soils inScotland, in line with EuropeanDirective. Relates largely to theonshore environment, but thisincludes coastal areas and theprinciples are applicable more widely.

The plan should considerpotential effects ononshore soil resources.Issues will primarily arisein terms of impacts oncoastal zones.

Cultural HeritageInternational

42

Plan,Programme or

Strategy

Objectives Implications / Comments

UNCLOS 1982was ratified bythe UK in 1997

Article 303 stipulates that 'states havethe duty to protect objects of anarchaeological and historical naturefound at sea and shall co-operate forthis purpose' and provides for coastalstates to exert a degree of controlover the archaeological heritage to 24nautical miles

Similar to the abovelegislation, the plan shouldsupport commitments toprotect the offshorehistoric environment.

United KingdomJoint NauticalArchaeologyPolicyCommittee(JNAPC) Codeof Practice forSeabedDevelopers(JNAPC 2007)

The JNAPC Code is voluntary butprovides a framework that seabeddevelopers can use in conductingtheir activities in an archaeologicallysensitive manner. A guidance note onprotocols to deal with the marinehistoric environment developedspecifically for the offshore renewableenergy sector has also beenprepared.

The guidance should betaken into account withinthe plan to identify wheremitigation might beassumed or practicable.

Protection ofWrecks Act1973

The 1973 Act provides protection fordesignated wrecks and for thedesignation of dangerous sites.

The plan should take intoaccount effects onprotected wrecks.

AncientMonumentsandArchaeologicalAreas Act 1979

Provides for the protection ofarchaeological heritage, including thescheduling of 'monuments'. The Act,which is administered by HistoricScotland, primarily deals withterrestrial locations but there isprovision to designate submarinesites.

The plan should ensurethat, as far as possible,areas with archaeologicalinterest are avoided and /or effects are mitigated.

ScotlandScottishHistoricEnvironmentPolicy (SHEP)(Updated 2009)

Provides the overarching frameworkfor historic environment policy inScotland, consolidating and replacingthe previously separate SHEPs.Aims to promote effectiveconservation and to enhanceenjoyment and understanding of thehistoric environment, linking it withthe Scottish Government’s centralpurpose. Recognises the importanceof the historic environment as aneconomic resource and also states aMinisterial commitment to connectingthe population with their culturallegacy.

The aims of protecting thehistoric environmentshould be taken intoaccount in development ofthe plan.

43

Plan,Programme or

Strategy

Objectives Implications / Comments

SHEP on theMarine HistoricEnvironment(ConsultationDocument)17

Set proposals for new legislation onthe marine historic environment to beincorporated into the Marine Bill (nowenacted). This included provisions tobroaden the types of sites which canbe designated on the basis of theirnational importance, arrangementsfor consultation in advance ofdesignation, and proposals forpowers and provisions to allow forsite maintenance.

The plan should takeaccount of any MarineProtected Areas proposedfor the historicenvironment, whereavailable.

ScottishPlanning Policy(SPP)

Sets out the framework for protectingthe historic environment through theplanning system.

The plan should take intoaccount the planningprotection afforded to thehistoric environment.

LandscapeEuropeanCouncil ofEurope,EuropeanLandscapeConvention2000

States that landscapes acrossEurope make an importantcontribution to quality of life andcultural identity, but that they arebeing transformed as a result of anumber of factors, including townplanning, transport and infrastructureand the economy. Requires MemberStates to develop morecomprehensive frameworks to protectand enhance landscapes. Notes thatlandscape has no boundaries andthat people are central to itsmanagement. Includes inland waterand marine areas in its coverage andemphasises the importance on non-designated landscapes in addition tothose which are protected.

It is important that the plantakes into account thequality and character ofcoastal and marinelandscapes/seascapes.

ScotlandSNH NaturalHeritageFutures 2008Update: Coastsand Seas

Provides baseline information anddraws attention to particularlyimportant issues, assets andchanges. The key objectives are to:improve management, stewardship,

awareness and understanding ofmarine ecosystems;

manage the coast in sympathy withnatural processes;

The plan should take intoaccount these issues andobjectives, including theimportance of recognisingthe integrated character ofcoastal areas andseascapes.

17 http://www.historic-scotland.gov.uk/index/about/consultations/closedconsultations.htm

44

Plan,Programme or

Strategy

Objectives Implications / Comments

safeguard and enhance the finescenery and diverse character ofcoastal seascapes and landscapes;

enhance populations of over-exploited commercial fish speciesand ensure that fishing issustainable;

ensure salmon fishing and otherforms of aquaculture areenvironmentally sustainable;

improve the water quality ofestuaries and seas; and

promote access to the sea andcoast for public enjoyment andrecreation.

Material AssetsInternationalUN Agreementon StraddlingFish Stocksand HighlyMigratory FishStocks 2001

Sets out principles for theconservation and management ofspecified fish stocks and establishesthat such management must bebased on the precautionary approachand the best available scientificinformation. The Agreementelaborates on the fundamentalprinciple, established in UNCLOS,that States should co-operate toensure conservation and promote theobjective of the optimum utilisation offisheries resources both within andbeyond the exclusive economic zone.

The plan should avoidconflicting with the aims ofconserving and managingfish stocks.

ScotlandStrategicFramework forScottishAquaculture(2003) (SFSA)

The SFSA is based on four guidingprinciples; economic; environmental;social and stewardship. It is the mainpolicy instrument to deliver a diverse,competitive but sustainableaquaculture industry in Scotland andprovides a set of parameters withinwhich industry can balance socio-economic benefits againstenvironmental impact.

The aims for the industryand associatedenvironmental protectionissues should be takeninto account in thedevelopment of the plan.

Salmon andFreshwaterFisheries

This Act allows for the SalmonConservation Regulations to be madewhere it is considered necessary to

The Regulations should betaken into account withinthe plan, with particular

45

Plan,Programme or

Strategy

Objectives Implications / Comments

(Consolidation)(Scotland) Act2003

do so for the conservation of salmone.g. relating to fishing in the sea,estuaries or rivers.

recognition of theirpotential role in assumedor proposed mitigation ofpossible environmentaleffects.

Aquacultureand Fisheries(Scotland) Act2007

Covers fish farms and shellfish farms,refers to operational issues andcovers both freshwater and seafisheries. Covers payments relatingto aquaculture and fisheries.

The plan should take intoaccount operational issuesrelating to aquaculture aspart of its broader context.

ScottishAquaculture: AFresh Start: ARenewedStrategicFramework forScottishAquaculture(2008)

Updating the existing aquaculturestrategy. This includes five mainthemes: health, improved systemsand finance for new developments,reduced escapes, and improvedimage and marketing.

As above.