Firth of Lorn Management Plan

Home , Clachan Bridge, Cuan Sound, Eileach an Naoimh, Ellenabeich, Firth, Firth of Lorn

FIRTH OF LORN MARINE SAC ARGYLL MARINE SPECIAL AREAS OF CONSERVATION

FIRTH OF LORN MANA

MARINE SPECIAL AREA OF CONSERVATION GEMENT PLAN

MANAGEMENT PLAN

CONTENTS

Executive Summary

1. Introduction CONTENTS

The Habitats Directive 1.1

Argyll Marine SAC Management Forum 1.2

Aims of the Management Plan 1.3

2. Site Overview

Site Description 2.1

Reasons for Designation: Rocky Reef Habitat and Communities 2.2

3. Management Objectives

Conservation Objectives 3.1

Sustainable Economic Development Objectives 3.2

4. Activities and Management Measures

Management of Fishing Activities 4.1 Benthic Dredging 4.1.1 Benthic Trawling 4.1.2 Creel Fishing 4.1.3 Bottom Set Tangle Nets 4.1.4 Shellfish Diving 4.1.5

Management of Gathering and Harvesting 4.2 Shellfish and Bait Collection 4.2.1 Harvesting/Collection of Seaweed 4.2.2

Management of Aquaculture Activities 4.3 Finfish Farming 4.3.1 Shellfish Farming 4.3.2

FIRTH OF LORN Management of Recreation and Tourism Activities 4.4 Anchoring and Mooring 4.4.1 Scuba Diving 4.4.2 Charter Boat Operations 4.4.3

Management of Effluent Discharges/Dumping 4.5 Trade Effluent 4.5.1 CONTENTS Sewage Effluent 4.5.2 Marine Littering and Dumping 4.5.3

Management of Shipping and Boat Maintenance 4.6 Commercial Marine Traffic 4.6.1 Boat Hull Maintenance and Antifoulant Use 4.6.2

Management of Coastal Development/Land-Use 4.7 Coastal Development 4.7.1 Agriculture 4.7.2 Forestry 4.7.3

Management of Scientific Research 4.8 Scientific Research 4.8.1

5. Implementation

Implementation of the Management Plan 5.1

Implementation Phase Management Actions 5.2

6. Monitoring

Site Condition Monitoring 6.1

Compliance Monitoring 6.2

Review of Existing Consents 6.3

Argyll Marine Special Areas of Conservation EXECUTIVE SUMMARY EXECUTIVE SUMMARY

Argyll Marine Special Areas of Conservation EXECUTIVE SUMMARY EXECUTIVE SUMMARY Legislative Background Under the Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora), the Firth of Lorn has been designated as a marine Special Area of Conservation (SAC) and has been adopted by the European Commission as a Site of Community Importance (SCI) because of its outstanding rocky reef habitats. The rocky reefs support an exceptional marine biodiversity, with associated communities and species that are amongst the most diverse in both the UK and Europe.

Management Forum and Plan The Firth of Lorn Marine SAC Management Plan represents a progressive working agreement between stakeholders with interests in the present and future management of the area. Formulation of this management plan has been accomplished through the work of the Argyll Marine SAC Management Forum. The Forum was established in 2003 to provide a community stakeholder-led approach to developing sustainable, realistic and achievable long-term site management for the Firth of Lorn and consists of representatives of competent and relevant authorities, communities around the site, and those working in fishing, aquaculture, recreation, tourism and other marine related industry. The management plan is a tool that competent and relevant statutory authorities can use to help ensure that they are fulfilling the requirements set down by the Habitats Directive when making future development decisions, whilst taking into account the multiple social and economic dependencies of the area. It is also a reference for those wishing to develop or use the area, to determine if their proposed activities are compatible with the requirements of the Habitats Directive.

Social and Economic Importance of Firth of Lorn The Firth of Lorn is commercially and recreationally significant and supports numerous activities of social and economic importance to the surrounding rural communities. Commercial activities include aquaculture and fishing. The recreational potential of the site is one of the major attractions of the area, with numerous activities taking place such as wildlife boat charters, sightseeing tours, sea angling charters, sailing, sea kayaking and scuba diving. Of these various activities, many have little impact on the rocky reef habitat, but some do have the potential to impact the site.

Activity Management The Forum has reviewed activities occurring within the site and management actions have been developed in an attempt to mitigate damage to the rocky reef habitat. Current legislative procedures for regulating each activity are outlined and suggestions are provided, based on the existing legal framework, as to the future management of each activity within the site.

Fishing Most fishing activities are unlikely to cause the condition of the rocky reef habitat to deteriorate, either because they do not take place on/adjacent to the rocky reefs, or because the fishing equipment used will have limited impact on reef communities and will not affect the structural integrity of the hard rock. However, there are concerns about the impact of scallop dredging. These relate to possible physical damage caused by dredging equipment making direct contact with reef areas and the potential smothering of rocky reef dwelling communities by dredge-disturbed sediments. The extent of impact from scallop dredging activities on the rocky reefs of the Firth of Lorn is unclear at the present time.

FIRTH OF LORN In 2004, the Forum were unable to reach agreement on a management measure for scallop dredging, but proposed that a detailed, independent scientific research study be carried out within the Firth of Lorn to assess the extent of impact to rocky reef habitats from scallop dredging activities, the recovery time for impacted reefs, and if there is an effect on the overall integrity of the site. The Forum also recommended that if measures are found to be necessary to manage scallop dredging activities within the SAC, they should be statutory. Consequently, the Scottish Executive, the competent authority charged with regulating inshore fisheries, were required to make a decision taking account of discussions at Forum meetings, comments on EXECUTIVE SUMMARY management plan drafts and conservation advice from SNH. In 2006, the Scottish Executive took the decision to close the marine SAC on a temporary basis in order to conduct scientific research to assess the potential impact of dredging on the rocky reef habitat.

Aquaculture The potential impacts of finfish and shellfish aquaculture are recognised. At present, monitoring by the relevant regulatory authorities has indicated that current environmental impacts fall within the pre-determined acceptable limits. Future development of finfish and shellfish aquaculture will be assessed by the relevant regulatory authorities with due consideration of the conservation interests of the site.

Mooring and Anchoring Moorings are unlikely to cause damage to rocky reef dwelling communities as they are normally placed on softer sediments. Similarly, anchoring is unlikely to have an impact on the rocky reef habitat since soft ground is preferred for anchoring. Suitable anchorages are well documented in the sailing literature, but efforts will be made to publicise these anchorages and the SAC designation further.

Coastal Development Future coastal land use or marine development related plans or projects would be subject to the Habitats Regulations. If a development is proposed which is not directly connected with or necessary to the management of the site and is likely to have a significant effect on the conservation interest, the relevant or competent authority must undertake an appropriate assessment. The necessary consents will only be granted if it can be shown that there will be no impact on the conservation interest. The appropriate assessment procedure will also apply to potentially impacting developments in other sectors.

Monitoring the Firth of Lorn Although monitoring is not a requirement of the Habitats Directive, surveillance and reporting on site status to the European Commission Environment Directorate General every six years is necessary. In order to meet this reporting requirement, SNH will monitor all marine SACs once every six years. SNH have agreed to consult with the Forum before any monitoring takes place to identify areas that may be sensitive to impact or in need of specific monitoring.

Future Management Plan Development and Implementation The Forum will continue to meet annually, or when necessary, to review and update the plan to reflect changing environmental and economic circumstances. Argyll and Bute Council will coordinate the implementation of the management actions detailed in the plan and the plan will be updated to reflect implementation progress.

Argyll Marine Special Areas of Conservation INTRODUCTION 1 1 INTRODUCTION Argyll Marine Special Marine Argyll Areas ofConservation INTRODUCTION

1.1 The Habitats Directive The Habitats Directive

Under the Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora), the Firth of Lorn has been designated as a marine Special Area of Conservation (SAC) and has been adopted by the European Commission as a Site of Community Importance (SCI). The Firth of Lorn is also part of a European-wide network of sites known as Natura 2000.

Natura 2000 is the collective title for Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Birds Directive (Council

Directive 79/409/EEC on the Conservation of Wild Birds). These designations are in place to conserve 1.1 important natural habitats and species of wildlife that are rare, endangered or vulnerable in the European Community.

The implementation of the Habitats Directive is transposed into domestic legislation by the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended by the Conservation (Natural Habitats &c.) Amendment (Scotland) Regulations 2004), referred to as the Habitats Regulations. Responsibility is placed on the government to protect the integrity of SACs and ensure that existing site use and all future development is compliant with the requirements of the Habitats Directive.

FIRTH OF LORN 1.2 Argyll Marine SAC Management Forum Argyll Marine Special Marine Argyll Areas ofConservation plan. management ofthesiteandtoagreeactionsthatformbasisthis (Appendix I).IthasbeentheresponsibilityofForumtomeetanddiscussissuesrelating and competentstatutoryauthorities,representativesoflocalcommunitiesbusinesses The ArgyllMarineSACManagementForumwasestablishedinFebruary2003andincludesrelevant competent authoritieswhohavepowersorfunctionsdirectlyrelatedtothemarineenvironment. or personholdingapublicofficethatexercisesstatutorypowers.Relevantauthoritiesarethose authority describesanyMinister,governmentdepartment,publicorstatutoryundertaker,body compliance withtheHabitatsDirectiveandmanageSACsforfuture.Thetermcompetent marine environment(competentandrelevantauthorities)toexercisethosefunctionssoassecure The HabitatsRegulationsrequirestatutoryauthoritiesororganisationswithfunctionsrelevanttothe 1.2 Argyll Marine Forum SAC Management INTRODUCTION Aims of the Management Plan

1.3 Aims of the Management Plan

The management plan is a tool that the competent and relevant statutory authorities can use to help ensure that they are fulfilling the requirements set down by the Habitats Directive when making future development decisions, whilst taking into account the multiple social and economic dependencies of the area. It is also a reference for those wishing to develop or use the area, to determine if their proposed activities are compatible with the requirements of the Habitats Directive.

The management plan considers and assesses each activity that has the potential to have an impact on

the conservation interests of the site. It identifies current legislative policy relating to the regulation 1.3 of each activity and provides suggestions, based on the existing legal framework, as to the future management of each activity within the site.

The Habitats Directive has a number of major requirements relating to the management of marine SACs and this plan has been developed to help ensure that these are achieved:

Management should enable the natural habitat types and the species concerned to be maintained or, where appropriate, restored to favourable conservation status.

Steps must be taken to avoid deterioration of the habitats and disturbance of species for which the site has been designated.

A report should be submitted to the European Commission Environment Directorate General every 6 years, which includes an evaluation of the effectiveness of management measures and also the results of the surveillance of the conservation status of the natural habitats and species.

Activities, plans or projects that are not connected to nature conservation management and likely to have a significant effect upon the qualifying features of the site, must be subject to an appropriate assessment. Where it cannot be ascertained that a development will not have an adverse effect on the conservation interests of the site, it should only be permitted if there is no alternative solution and there are imperative reasons of over-riding public interest, including those of a social or economic nature.

The plan has a holistic view on sustainable development, considering the needs of users of the marine environment, including local industries and communities, and should make for more informed decision-making. The process by which it has been derived has built partnerships and opened lines of communication between those who have a direct interest in the site.

The plan has been developed in such a way that it is a 'living document' that can be adapted to reflect changing environmental and economic circumstances.

FIRTH OF LORN 1 INTRODUCTION Argyll Marine Special Marine Argyll Areas ofConservation SITE OVERVIEW 2 2 SITE OVERVIEW Argyll Marine Special Marine Argyll Areas ofConservation SITE OVERVIEW 2 2 SITE OVERVIEW Argyll Marine Special Marine Argyll Areas ofConservation SITE OVERVIEW

2.1 Site Description Site Description Covering an area of ~210 km2, the Firth of Lorn Marine Special Area of Conservation (Figure 2.1) has been designated for its rocky reef habitats. The rocky reefs support an exceptional marine biodiversity, with associated communities and species that are amongst the most diverse in both the UK and Europe.

The area enclosed by the Firth of Lorn marine SAC boundary contains a complex group of islands, sounds and inlets. Within the boundary, the Gulf of Corryvreckan, Bealach a'Choin Ghlais (Pass of the

Grey Dogs) and the Sounds of Clachan, Cuan and Luing are some of the most outstanding 2.1 tide-swept areas in the NE Atlantic. It is the varied tide-swept nature of the site, from exposed sounds to wave sheltered bays that contributes to the rich biodiversity of the area. The rocky reefs extend from the shore to considerable depths in many places.

Pass of the Grey Dogs

Cuan Sound

Clachan Bridge

Figure 2.1 Clachan Sound

FIRTH OF LORN 2.2 Reasons for Designation Argyll Marine Special Marine Argyll Areas ofConservation area. Forexample,thesoutherncupcoral and severalwitheitheranorthernorsoutherndistribution,manyreachingtheirgeographiclimitsinthis and communities includespeciesnormallycharacteristicofdeeperwater,suchasthesponges In betweenareareasmoderatelyexposed,wherethegreatestvarietyoffaunaandfloraisfound.These characteristic ofwaveandcurrentshelteredconditionstothoseinfluencedbyextremetidalconditions. Firth ofLornreflectthevariedphysicalenvironmentarea.Theserangefromreefcommunities The richanddiversemarinecommunitiessupportedbythelittoralsublittoralrockyreefsof and Habitat 2.2 Reasons forDesignation:Rocky Reef annulosa the GulfofCorryvreckan,openrockisdominatedbyoatenpipeshydroid In thestrongesttidalstreamscommunitiesarerestrictedtocrevicesandareasinleeoftide. unusually widespreadintheFirthofLornarea. rarely recordedseafan as thejewelanemone lace sponge characteristic ofshallowsurgegullies,suchasthegooseberrysea-squirt of noteintheserelativelydeep,tide-sweptareasisthepresencespeciesnormallyconsidered barnacles Clathria barleii,andthefeatherstar e a SeaFanAnemone Sea Fan& Communities and thenorthernbryozoansBugulapurpurotincta Northern Starfish Balanus crenatus Clathrina coriacea,andspeciestypicalofmuchmorewave-exposed,opencoastsites,such Corynactis viridis Swiftia pallida and Chirona hameri and thenorthernstarfishLeptasteriasmuelleri and associatedseafananemone Leptometra celtica.Thereareotherspeciesconsideredscarce Caryophyllia inornata , speciesindicativeofahighlyscouredenvironment.Also and , thenationallyrarebrittlestar Caberea ellisii Dendrodoa grossularia Amphianthus dohrnii,whichis . Ofparticularinterestisthe Tubularia indivisa . Celtic FeatherStar Mycale lingua Ophiopsila and the and the MANAGEMENT OBJECTIVES 3 3 MANAGEMENT OBJECTIVES Argyll Marine Special Marine Argyll Areas ofConservation MANAGEMENT OBJECTIVES Conservation Objectives Conservation 3.1 Conservation Objectives

Qualifying Interest – Rocky Reefs Under Regulation 33(2) of the Habitats Regulations, Scottish Natural Heritage (SNH) has a responsibility to develop conservation objectives and provide information on the potential impact of activities on the qualifying interests* for each marine SAC. Advice on the potential impact of activities that occur within the site is provided to assist and focus the competent and relevant authorities in their consideration of the management of these activities. The advice includes operations that may not be occurring at present

within the Firth of Lorn SAC and is included as Appendix IIA. 3.1

The conservation objectives for the Firth of Lorn SAC are as follows: To avoid deterioration of the qualifying interest (rocky reefs) therefore ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for the qualifying interest.

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

Extent of the habitat on site Distribution of the habitat within site Structure and function of the habitat Processes supporting the habitat Distribution of typical species of the habitat Viability of typical species as components of the habitat No significant disturbance of typical species of the habitat

* For the purposes of this document, the term 'qualifying interest' is used interchangeably with 'conservation interest' throughout.

Non-qualifying Interest For the Firth of Lorn, the harbour porpoise (Phocoena phocoena) is recorded as a Habitats Directive Annex II species present within the site. As a non-qualifying interest, consideration under the appropriate assessment procedure (Appendix III) is not required. However, SNH recommend that it should be given consideration by the relevant and competent authorities when assessing development proposals.

Harbour Porpoise

FIRTH OF LORN 3.1 Conservation Objectives Argyll Marine Special Marine Argyll Areas ofConservation Kemp Green Turtle-Cheloniamydas Loggerhead Turtle-Carettacaretta European SeaSturgeon-Acipensersturio Otter - Cetacea (allspecies) species inneedofstrictprotection: The followingmarinespecies,whicharepresentinUKwaters,listedwithintheHabitatsDirectiveas European ProtectedSpecies(EPS)aretobeprotectedwherevertheyoccur. Annex IVoftheHabitatsDirectivelistsanumbermarinespeciesinneedstrictprotection.These European ProtectedSpecies Leatherback Turtle- Hawksbill Turtle- ' s RidleyTurtle-Lepidochelyskempii Lutra lutra Eretmochelys imbricata Dermochelys coriacea Sustainable Economic Development Objectives

MANAGEMENT OBJECTIVES

3.2 Sustainable Economic Development Objectives

The Habitats Directive makes clear provision for the economic, social and cultural needs of local people to be taken into account when considering management measures for marine SACs.

Many in the local community are dependent on undertaking activities within the Firth of Lorn marine SAC to make a living and this plan seeks to develop management actions which balance social and economic needs with the requirement to conserve the area's unique environmental resources.

The Firth of Lorn marine SAC designation does not preclude future development within the area, as 3.2 long as the proposed developments do not impact significantly upon the conservation interest of the site. Indeed, site designation should contribute socially and economically to the local community. There should be opportunities to promote and develop local businesses that may benefit from the SAC designation, for example, in marine SAC product marketing and tourism. Overall, there should be a presumption that any resource use is done in a way that is sustainable and compatible with the requirements of the Habitats Directive.

FIRTH OF LORN 3 MANAGEMENT OBJECTIVES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES 4 This section of the plan provides an This section of the plan provides overview the activities occurring of all at present. within the SAC For each activity,current the is level determined, details of the existing regulatory framework provided, the potential impacts assessed, and based on these considerations, management guide actions are suggested in order to of that activity the future development within the SAC. a quick reference This section provides regulatorstool for and developers to and ensure that site use is sustainable with the activities are compatible requirements of the Habitats Directive. 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES Management of Fishing Activities

4.1 Management of Fishing Activities

The sea fishing industry is an important component of the rural economy of Argyll. The fisheries sector has a long tradition and has established the area as an important national supplier of high quality seafood.

Within Argyll, the fishing fleet is largely inshore and local fishermen are split into two distinct groups: those operating mobile gear and those operating static gear. Mobile gear fisheries include trawling for prawns (Nephrops norvegicus) and dredging for King scallops (Pecten maximus) and Queen scallops

(Aequipecten opercularis). Static gear fisheries involve setting creels, pots or nets for a variety of 4.1 shellfish species. Initially a relatively small sector, the static gear fleet has grown significantly as new European markets have opened up for live prawns, crabs and other species. In the area north of Crinan, which includes the Firth of Lorn, those fishing static gear are economically the most significant. A successful commercial diving industry for a variety of shellfish species also takes place throughout the area.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES

4.1.1 Benthic Dredging Benthic Dredging

Description of Activity The Firth of Lorn marine SAC provides extensive dredging ground for King scallops (Pecten maximus). A number of Argyll based fishermen dredge the SAC regularly and on occasion boats come to the area to fish from further afield e.g. the Firth of Clyde, Isle of Man and Northern Ireland.

Competent/Relevant Authority Responsibilities 4.1.1

Competent/Relevant Authority Responsibilities

Argyll and Bute Council - Protective Services Shellfish toxin sample collection.

Food Standards Agency Responsible for decisions relating to closures of scallop grounds when shellfish toxin levels exceed internationally recognised limits.

Scottish Executive Environment and Rural Affairs Responsible for inshore fisheries management, policy and Department - Sea Fisheries Division regulation.

Scottish Natural Heritage Provide advice concerning nature conservation interest of marine and coastal area.

Potential Impacts It is well documented that benthic dredging can cause significant damage to marine sessile benthic communities (Lart et al., 1993; Gubbay and Knapman, 1999; Hall-Spencer, 1999; Devon Wildlife Trust, 2000; Hall-Spencer and Moore 2000; Lart et al., 2003). In general, damage is most pronounced on benthic habitats such as maerl, sand/gravel and cobble/boulder as dredges can significantly alter these habitat structures. In the case of robust rocky reef areas, like those found in the Firth of Lorn, it is unlikely that significant physical damage will occur other than the possibility of localised scarring and organism damage/removal if dredges come into direct contact with the rock. With the close passage of scallop gear to reef habitat, there is potential for the rocky reef community to be smothered by dredge-disturbed sediments (Lart et al., 1993; Hall-Spencer, 1999; Hall-Spencer and Moore, 2000).

Scallop dredging within the SAC generally takes place on sand/gravel sediments and dredgers aim to avoid direct contact with rocky reefs to prevent damage to their fishing gear. However, high quality electronic navigation technology allows dredgers to come very close to the rocky reef habitat and this may result in accidental direct contact between dredge gear and rocky reef areas and also increased sedimentation onto these reef areas. Scallop fishermen view this navigation technology as a means of preventing contact with reefs. Some members of the Forum have provided video evidence of rock scars within the Firth of Lorn. They suggest that these scars have resulted from dredging activities.

It is unclear to what extent scallop dredging activities damage the rocky reefs. Research is required to assess the extent of damage to the rocky reefs and if there is an effect on the overall integrity of the site.

FIRTH OF LORN 4.1.1 Benthic Dredging Argyll Marine Special Marine Argyll Areas ofConservation order toconductscientificresearchassessthepotentialimpactofdredgingonrockyreefhabitat. In 2006,theScottishExecutivetookdecisiontoclosemarineSAConatemporarybasisin However, theForumproposedfollowingmanagementactions: management plandraftsandconservationadvicefromSNH. were requiredtomakeadecisiontakingaccountofdiscussionsatForummeetings,commentson Consequently, theScottishExecutive,competentauthoritychargedwithregulatinginshorefisheries, In 2004,theForumwasunabletoreachagreementonamanagementmeasureforscallopdredging. Management Action Agency (SFPA)Officers,theScottishInshoreFisheriesAdvisoryGroup(SIFAG)orviavessellists. through theSecretariesofFishermen Fishermen shouldbeinformedoftheSACdesignationandanymanagementactionsforsite within theSAC,theyshouldbestatutory. The Forumrecommendsthatifmeasuresarenecessarytomanagescallopdredgingactivities tourism operators,shouldbeconsulted. without delayandthatfishermenotherinterestedparties,suchaslocalrecreation the overallintegrityofsite.TheForumrecommendsthatthisresearchshouldtakeplace from scallopdredgingactivities,therecoverytimeforimpactedreefs,andifthereisaneffecton within theFirthofLorn.Thisresearchshouldassessextentimpacttorockyreefhabitats The Forumrecommendsthatadetailed,independentscientificresearchstudybecarriedout ' s Associations,localScottishFisheriesProtection ACTIVITIES AND MANAGEMENT MEASURES

4.1.2 Benthic Trawling Benthic Trawling Description of Activity Benthic trawling for prawns (Nephrops norvegicus) is generally carried out on muddy seabed areas. At present, trawling takes place in a relatively small proportion of the Firth of Lorn marine SAC area.

Competent/Relevant Authority Responsibilities 4.1.2 Competent/Relevant Authority Responsibilities

Scottish Executive Environment and Rural Affairs Responsible for inshore fisheries management, policy and Department - Sea Fisheries Division regulation.

Scottish Natural Heritage Provide advice concerning nature conservation interest of marine and coastal area.

Potential Impacts Benthic trawling can cause significant ecological effects to marine sessile benthic communities (Kaiser et al., 1998), although the effects on rocky reef habitats are thought to be limited. There is potential for particularly sensitive rocky reef areas to be damaged by the resettlement of trawl-disturbed sediment. However, those trawling try to avoid rocky reefs in order to prevent damage to their fishing gear, therefore, the potential impact on the conservation interest is likely to be negligible.

Management Action No action is necessary to control benthic trawling in order to protect the conservation interest of the site. If future monitoring identifies any deterioration in the conservation interest as a result of trawling, then the Forum will reassess management of this activity.

Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES

4.1.3 Creel Fishing

Description of Activity Creel Fishing Creel fishing for prawns (Nephrops norvegicus), squat lobsters (Munida rugosa and Galathea spp.) common lobsters (Homarus gammarus), crawfish (Palinurus elephas), edible crabs (Cancer pagurus, Liocarcinus depurator), velvet swimming crab (Necora puber) and shore crab (Carcinus maenas) occurs within the Firth of Lorn. 4.1.3 Competent/Relevant Authority Responsibilities

Competent/Relevant Authority Responsibilities

Scottish Executive Environment and Rural Affairs Responsible for inshore fisheries management, policy and Department - Sea Fisheries Division regulation.

Scottish Natural Heritage Provide advice concerning nature conservation interest of marine and coastal area.

Potential Impacts Along with a possible depletion in target species numbers, intensive creel fishing has the potential to cause localised physical damage to fragile encrusting sessile benthic communities, possibly resulting in an impact on reef community structure. The current intensity of creel fishing is not thought to be having an overall detrimental effect on the conservation interest of the site.

Management Action No action is necessary to control creel fishing in order to protect the conservation interest of the site. If future monitoring identifies any deterioration in the conservation interest as a result of creeling, then the Forum will reassess management of this activity.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES Bottom Set Tangle Nets 4.1.4 Bottom Set Tangle Nets

Description of Activity There is a small-scale seasonal tangle net fishery within the marine SAC targeting crawfish (Palinurus elephas). It is possible that effort may increase in the future.

As a result of discussions by the Forum relating to concerns about the by-catch of marine mammals in tangle nets, in March 2004, a five-year sustainable fisheries project was initiated to investigate the effectiveness of using large creels instead of tangle nets to catch crawfish (Palinurus elephas) in the Firth 4.1.4 of Lorn marine SAC. Whilst this study is ongoing, an agreement has been reached that local tangle net fishermen will not use nets in the Firth of Lorn marine SAC area.

Competent/Relevant Authority Responsibilities

Scottish Executive Environment and Rural Affairs Responsible for inshore fisheries management, policy and Department - Sea Fisheries Division regulation.

Scottish Natural Heritage Provide advice concerning nature conservation interest of marine and coastal area.

Potential Impacts A small and localised amount of damage can be caused to sessile marine species on rocky reefs during tangle net setting and retrieval, and as nets are moved back and forth by currents and wave action as they lie on the seabed. Other potential problems with the use of tangle nets include: the danger of entanglement to scuba divers, ghost fishing by lost nets and the accidental by-catch of cetaceans and seals.

If accompanied by a ban preventing the use of all tangle nets within the site, the switch to large creels as part of the sustainable fisheries project will eliminate seal and cetacean by-catch and remove the potential for scuba divers to be entangled. Furthermore, since the creels are expected to be less efficient in targeting crawfish, it is envisaged that the crawfish fishery will be more sustainable in the long-term. Unlike tangle nets, creels can be used for an extended crawfish season and also throughout the year to target other species such as lobster and edible crab.

Management Action The Forum will continue to monitor outcomes from the sustainable fisheries project and take the results into account when considering future management actions.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES

4.1.5 Shellfish Diving Shellfish Diving Description of Activity Shellfish diving occurs throughout the Firth of Lorn marine SAC by both professional and recreational scuba divers. Commercial diving is primarily for King scallops (Pecten maximus), although a variety of shellfish species are harvested throughout the area. Recreational diving activities are considered in 4.4.2.

Competent/Relevant Authority Responsibilities 4.1.5

Competent/Relevant Authority Responsibilities

Argyll and Bute Council - Protective Services Shellfish toxin sample collection.

Scottish Executive Environment and Rural Affairs Responsible for inshore fisheries management, policy and Department - Sea Fisheries Division regulation.

Scottish Natural Heritage Provide advice concerning nature conservation interest of marine and coastal area.

Potential Impacts Although diving is generally recognised as an environmentally sound and selective way of fishing, intensive gathering of shellfish may cause minor, localised damage to associated communities and depletion of the target species population. Scallops are collected from gravel beds away from or adjacent to the rocky reefs of the Firth of Lorn, therefore, it is unlikely that this activity would have a detrimental effect on the conservation interest of the site.

Management Action No action is necessary to control shellfish diving in order to protect the conservation interest of the site.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation Management of Gathering and Harvesting Management of Gathering

ACTIVITIES AND MANAGEMENT MEASURES

4.2 Management of Gathering and Harvesting

Bait collected around the Scottish shoreline includes ragworms, lugworms and shore crabs. A wide range of species, predominantly molluscs, are collected for food and occasionally bait, including winkles (Littorina sp.), mussels (Mytilus edulis), cockles (Cerastoderma edule) razor shells (Ensis spp.) and carpet shells (e.g. Venus sp.).

Excavations of prehistoric shellfish middens suggest winkles were an important source of food as long ago as 7500 BC in Scotland. Nowadays, winkles are still collected in vast quantities but are mostly exported to a Continental market. 4.2

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES Shellfish and Bait Collection

4.2.1 Shellfish and Bait Collection

Description of Activity Native mussels (Mytilus edulis) and native oysters (Ostrea edulis) are property of the Crown and their collection from the wild is not permitted without a licence from The Crown Estate. There are currently no Crown Estate licences for the commercial collection of native mussels or oysters within the SAC. Winkle (Littorina sp.) picking occurs within the intertidal areas of the marine SAC but is considered to be limited. 4.2.1 Commercial bait collection is not thought to take place within the site at present. Permission from the landowner is required before undertaking any commercial bait collection for non-'sea fish' classified species e.g. bait worms. However, there is a public right to collect crabs for bait as these are classified as 'sea fish'.

Competent/Relevant Authority Responsibilities

Shellfish toxin and water quality sample collection. Issue Argyll and Bute Council - Protective Services shellfish licences with the Food Standards Agency.

Scottish Executive Environment and Rural Affairs Responsible for inshore fisheries management, policy and Department - Sea Fisheries Division regulation.

Scottish Natural Heritage Provide advice concerning nature conservation interest of marine and coastal area.

The Crown Estate Licence for the commercial collection of intertidal native mussels and oysters.

Potential Impacts Winkle picking for personal consumption is not considered to have a detrimental effect on the conservation interest of the Firth of Lorn. Intensive gathering of shellfish from the shore for commercial purposes could cause significant localised physical damage and disturbance to intertidal reef communities. Potential impact will depend upon the scale, intensity and method of harvesting.

Management Action No action is necessary to control collection of shellfish from the foreshore in order to protect the conservation interest of the site. If effort for this fishery should increase significantly in the future, management actions may be required to control potential damage to intertidal reef communities.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT

MEASURES of Seaweed Harvesting/Collection

4.2.2 Harvesting/Collection of Seaweed

Description of Activity Ascophyllum nodosum ecad. mackaii beds Subtidal harvesting of kelp and intertidal harvesting of wracks (e.g. knotted wrack Ascophyllum nodosum) does not occur within the site at present. In the past, local crofters gathered cast seaweed from the shore for agricultural use as a fertiliser and as a source of income when sold on for processing. Gathering of cast 4.2.2 seaweed does not occur within the site at present. Although unlikely, it is possible that seaweed harvesting/ collection activities may occur in the site in the future.

Competent/Relevant Authority Responsibilities

District Salmon Fisheries Board Consultee for commercial seaweed harvesting plans.

Scottish Executive Environment and Rural Affairs Consultee for commercial seaweed harvesting plans. Department - Fisheries Research Services

Scottish Natural Heritage Provide advice concerning nature conservation interest of marine and coastal area.

The Crown Estate Grant licence if on Crown Estate owned foreshore or seabed.

Potential Impacts Intensive harvesting of both subtidal and intertidal seaweeds could damage the rocky reef habitat within the site because of physical disturbance and the resultant displacement of faunal communities.

Beds of the internationally rare and distinctive free-living wrack Ascophyllum nodosum ecad. mackaii are found on the north coast of Seil Island. This bed is listed within the Argyll and Bute Local Biodiversity Action Plan and harvesting from it should be prevented.

Management Action No action is necessary to control harvesting and collection of seaweeds in order to protect the conservation interest of the site. If seaweed harvesting/collection activities should begin within the site, management actions may be required to control potential damage to subtidal and intertidal rocky reef communities.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT of Aquaculture Activities Management MEASURES

4.3 Management of Aquaculture Activities

The finfish farming industry in Argyll and Bute is based principally on salmon and trout, although increasingly, the area is becoming an important location for the commercial development of other farmed species such as halibut, cod and turbot. In terms of economic importance, salmon cultivation is the predominant enterprise.

Argyll and Bute is also a nationally important area for shellfish production. The common species under cultivation are the mussel (Mytilus edulis), Pacific oyster (Crassostrea gigas), King scallop (Pecten maximus) and Queen scallop (Aequipecten opercularis). Shellfish production is an important component 4.3 of the Argyll economy.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES

4.3.1 Finfish Farming Finfish Farming Description of Activity Port nan Seannag salmon lease location Much of the Firth of Lorn marine SAC has proved unsuitable for finfish farming, due to the degree of wave exposure, the strong tidal regime and the remoteness from suitable land bases. At present there is one salmon farm within the boundary of the site, which is located at Port nan Seannag on the east 4.3.1 coast of Lunga. Improvements in technology may lead to the use of more open coastal locations and therefore more fish farm developments may be proposed in the SAC in the future.

Competent/Relevant Authority Responsibilities

Argyll and Bute Council Planning Services: provide recommendation on development consent* to The Crown Estate.

Argyll Fisheries Trust Non-statutory consultee on marine aquaculture lease renewal, lease amendments, new sites and EIAs through the Rivers and Fisheries Trusts Scotland. Partner to the Area Management Agreement (AMA) process.

District Salmon Fisheries Board Statutory consultee on marine aquaculture lease renewal, lease amendments, new sites and EIAs. Area Management Agreement partner.

Maritime and Coastguard Agency Responsibility for preventing hazards to navigation and ensuring sea safety compliance for aquaculture floating facilities and vessels. Consulted at public consultation stage on Coast Protection Act 1949 Section 34 consent.

Northern Lighthouse Board Responsibility for preventing hazards to navigation. Consulted at public consultation stage on Coast Protection Act 1949 Section 34 consent.

Scottish Environment Protection Agency Regulate discharges through the Water Environment (Controlled Activities) Regulations 2005 by issuing CAR authorisations and monitor authorised discharges. Statutory consultee for seabed lease.

Scottish Executive Statutory consultee on marine aquaculture applications.

Scottish Executive Enterprise, Transport and Lifelong Responsibility to prevent hazards to navigation. Issue Coast Learning Department - Transport Division Protection Act 1949 Section 34 consent.

FIRTH OF LORN 4.3.1 Finfish Farming Argyll Marine Special Marine Argyll Areas ofConservation be transferredtothelocalplanningauthoritywhenlegislationisimplemented. the seabedleaseanddevelopmentconsent.Fullstatutoryresponsibilityforgrantingconsentisto Management Action threat totheconservationinterestsofSAC. by theHabitatsRegulations.Theassessmenthasdeterminedthatcurrentsitedoesnotposeany SEPA haveundertakenanappropriateassessmentofthePortnanSeannagfinfishfarmsiteasrequired mainly onsoftsedimentbiotopes. farming effluentsonrockyreefhabitatsandcommunitiesascurrentmonitoringmethodologyfocuses to siltationbywastefoodandfaeces.Ingeneral,thereisalackofscientificdataabouttheeffectsfish Seannag fishfarmonadjacentrockyreefs.Specificconcernsrelatetothetoleranceofreeffauna Some membersoftheForumhaveexpressedconcernsaboutimpacteffluentfromPortnan have adetrimentaleffectonthequalityofrockyreefhabitatandspeciesthatitsupports. and reductioninwaterqualitythroughwastefood,faecestheuseofchemicaltherapeutants,may the transferofdiseasesandparasitesbetweenfarmedwildsalmonids.Benthicorganicenrichment enrichment, areductioninwaterquality,seabeddamagefrommooringplacementandimpactsthrough Finfish farmingcanhaveanumberofassociatedenvironmentaleffectssuchasbenthicorganic Potential Impacts * The CrownEstate Department -SeaFisheriesDivision Scottish ExecutiveEnvironmentandRuralAffairs Department -FisheriesResearchServices Scottish ExecutiveEnvironmentandRuralAffairs Competent/Relevant Authority Scottish NaturalHeritage In relationtofinfishfarmdevelopments,undertheinterimarrangementsTheCrownEstatepresentlyissueboth of thesite. will onlybegrantedifitcanshownthatthereno impactontheconservationinterest of thesiteanappropriateassessmentwillberequired(Appendix III).Thenecessaryconsents development isproposedwhichlikelytohaveasignificant effectontheconservationinterest All aspectsoffuturefinfishfarmdevelopmentswillbesubject totheHabitatsRegulations.Ifa aquaculture applications. Comment onfishingimplicationsrelatingtomarine health responsibilities. Activities) Regulations2005CARauthorisation.Fish and outfalls.ConsultedonWaterEnvironment(Controlled for fishfarmdevelopmentssuchasjetties,piers,slipways Issue FoodandEnvironmentProtectionAct1985licence Activities) Regulations2005CARauthorisation. consent. ConsultedonWaterEnvironment(Controlled consent andCoastProtectionAct1949Section34 Statutory consulteeonseabedlease,development Responsibilities Issue seabedleaseanddevelopmentconsent*. ACTIVITIES AND MANAGEMENT MEASURES

4.3.2 Shellfish Farming Shellfish Farming Description of Activity Pacific oyster lease At present there is one lease for Pacific oyster (Crassostrea gigas) production within the Firth of Lorn marine SAC. There is potential for the future development of mussel (Mytilus edulis), King scallop (Pecten maximus) and Queen scallop (Aequipecten opercularis) aquaculture. 4.3.2

Competent/Relevant Authority Responsibilities

Argyll and Bute Council Planning Services: Provide recommendation on development consent* to The Crown Estate. Protective Services: Responsible for food safety aspects of aquaculture industry. Issue shellfish licences with Food Standards Agency, collect samples to monitor for toxins and water classification.

Argyll Fisheries Trust Non-statutory consultee on marine aquaculture lease renewal, lease amendments, new sites and EIAs through the Rivers and Fisheries Trusts Scotland.

District Salmon Fisheries Board Statutory consultee on marine aquaculture lease renewal, lease amendments, new sites and EIAs.

Food Standards Agency Issue shellfish licences with Argyll and Bute Council. Determine shellfish harvesting area classification.

Northern Lighthouse Board Responsibility for preventing hazards to navigation. Consulted at public consultation stage.

Scottish Environment Protection Agency Statutory consultee for seabed lease.

Scottish Executive Statutory consultee on marine aquaculture applications.

FIRTH OF LORN 4.3.2 Shellfish Farming Argyll Marine Special Marine Argyll Areas ofConservation Management Action stock. non-native species.However,thereisregulationbySEERAD toavoidtheintroductionofdiseased There isnoformalregulationofshellfishseedsupplyto farmersrelatingtotheintroductionof unable toreproduceundertheconditionsaffordedbywestcoast. oyster, themostcommonspeciesofoysterfarmedonwestcoastScotland,asthisis suppliers reducethispossibility.Environmentalconstraintspreventthespreadofnon-nativePacific Potential existsfortheintroductionofnon-nativespecies,althoughprocessesusedbyshellfishseed soft sediments. are unlikelytocausedamagesessilerockyreefbenthiccommunitiesastheynormallyplacedon a detrimentaleffectonthequalityofrockyreefhabitatandspeciesthatitsupports.Moorings Benthic organicenrichmentandreductioninwaterqualitythroughfaecespseudofaecesmayhave placement, althoughthesearegenerallylocalised. shell debrissmotheringtheseabed,benthicorganicenrichmentandseabeddamagefrommooring Shellfish farmingcanhaveanumberofassociatedenvironmentaleffectssuchastheaccumulation Potential Impacts * is tobetransferredthelocalplanningauthoritywhenlegislationimplemented. both theseabedleaseanddevelopmentconsent.Fullstatutoryresponsibilityforgrantingconsent The CrownEstate Competent/Relevant Authority Learning Department-TransportDivision Scottish ExecutiveEnterprise,TransportandLifelong Scottish NaturalHeritage Department -SeaFisheriesDivision Scottish ExecutiveEnvironmentandRuralAffairs Department -FisheriesResearchServices Scottish ExecutiveEnvironmentandRuralAffairs In relationtoshellfishfarmdevelopments,undertheinterimarrangementsTheCrownEstatepresentlyissue of thesite. will onlybegrantedifitcan shownthattherewillbenoimpactontheconservation interest of thesiteanappropriateassessment willberequired(AppendixIII).Thenecessaryconsents development isproposedwhich islikelytohaveasignificanteffectontheconservation interest All aspectsoffutureshellfishfarm developmentswillbesubjecttotheHabitatsRegulations. Ifa interest ofthesite. No actioniscurrentlynecessarytocontrolshellfishfarming inordertoprotecttheconservation Responsibilities Grant seabedleaseanddevelopmentconsent*. Coast ProtectionAct1949Section34consent. Responsibility topreventhazardsnavigation.Issue consent. consent, andCoastProtectionAct1949Section34 Statutory consulteeonseabedlease,development aquaculture applications. Comment onfishingimplicationsrelatingtomarine analyses todetermineshellfishwaterclassification. slipways andoutfalls.Shellfishtoxinwatersample licence forfishfarmdevelopmentssuchasjetties,piers, Issue FoodandEnvironmentProtectionAct1985 Management of Recreation and Tourism Activities

ACTIVITIES AND MANAGEMENT MEASURES

4.4 Management of Recreation and Tourism Activities

Marine tourism is a developing sector in Argyll. The dramatic scenery of the coast and islands combined with the rich Celtic heritage and diverse wildlife attract visitors from around the world.

Scuba diving, sea angling, wildlife watching and visiting remote uninhabited islands are popular activities for visitors to Argyll. As a result there are numerous charter boat excursions available, offering the chance to see, first hand, the nature of Argyll's marine environment. The west coast of Scotland is also renowned as a prime destination for sailing, with tranquil surroundings and a myriad of secluded

anchorages. 4.4

Marine tourism has important economic implications for the area. A recent overview of the industry estimates that throughout Argyll and the Islands, the marine leisure tourism sector accounts for 600 direct full time equivalent jobs (Stewart Miller Associates in association with John Peden Associates, 2004). There are also significant benefits within the supporting sectors e.g. hotels, guesthouses, B&B's, restaurants, marinas, boatyards and other infrastructure.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES

4.4.1 Anchoring & Mooring & Mooring Anchoring

Description of Activity Anchoring and Mooring Locations There is a considerable amount of charter and Bagh Gleann nam Muc Puillodobhrain recreational boating activity within the Firth of Lorn Easdale Sound marine SAC. A number of sailing events including the Cullipool Black Mill Bay West Highland Yachting Week, Tobermory Race, Lunga Scottish Islands Peaks Race and Classic Malts Cruise Black Isles

Eileach an Naoimh 4.4.1 pass through the SAC annually. Garbh Eileach Private Moorings Recreational cruising yachts using the site are generally en route to marinas or sheltered anchorages outside the boundary of the SAC such as Craobh Haven, Balvicar, Crinan, Loch Melfort and Ardfern as there are currently no marinas within the SAC. However, there are a number of popular anchorages within the site that are used regularly throughout the sailing season.

Due to the remoteness of the site, the strong tidal regime and the degree of wave exposure, relatively little mooring occurs in the area. There are currently only a small number of private moorings, mainly concentrated at Easdale Sound, Cuan Sound, Cullipool and Black Mill Bay. Local fishing boats, workboats and yachts utilise these moorings.

Competent/Relevant Authority Responsibilities

Consulted on mooring applications at public Maritime and Coastguard Agency consultation stage.

Consulted on mooring applications at public Northern Lighthouse Board consultation stage.

Scottish Executive Enterprise, Transport and Lifelong Responsibility to prevent hazards to navigation. Issue Learning Department - Transport Division Coast Protection Act 1949 Section 34 consent for moorings.

Statutory consultee on seabed lease and Coast Scottish Natural Heritage Protection Act 1949 Section 34 consent.

Issue seabed lease for moorings and monitor leased The Crown Estate moorings.

Anchoring is not regulated by any relevant or competent authority and is regarded as a public right associated with the public right of navigation. However, the UK Hydrographic Office has taken the view that mariners have a right to anchor in safe areas, but not to the detriment of other activities in the coastal waters of the UK.

FIRTH OF LORN 4.4.1 Anchoring & Mooring Argyll Marine Special Marine Argyll Areas ofConservation Management Action communities astheyarenormallyplacedonsoftersediments. rocky reefhabitatwithinthesite.Mooringsareunlikelytocausedamagesessilebenthic anchorage areas,thecurrentlevelofanchoringisnotconsideredtobehavingasignificanteffecton moorings aredroppedontothereef.Sincefewboatslikelytodropanchoroutsideidentified Localised damagemayoccurtosessilebenthicorganismsattachedrockyreefsifanchorsor Potential Impacts Association, yachtchartercompanies,sailingandclubs. Moorings Association,WestHighlandsandIslandsSailingClubsRoyalYachting Admiralty Charts,cruisingguides,localinformationpoints,theWestHighlandAnchoragesand Mariners willbeinformedabouttheFirthofLornmarineSACdesignationthroughadditionsto of thesite. will onlybegrantedifitcanshownthattherenoimpactontheconservationinterest of thesiteanappropriateassessmentwillberequired(AppendixIII).Thenecessaryconsents development isproposedwhichlikelytohaveasignificanteffectontheconservationinterest Future mooringapplicationswillbesubjecttotheHabitatsRegulations.Ifa occurring. the managementofanchoringandmooringactivitiesiffuturemonitoringrevealsthatdamageis No actionisnecessarytomanageanchoringormooringatthistime.TheForumwillreassess ACTIVITIES AND MANAGEMENT MEASURES

4.4.2 Scuba Diving

Description of Activity Scuba Diving Scuba Diving The west coast of Scotland, particularly areas within Popular Recreational Diving Locations Argyll, is well known for scuba diving and this activity is of significant economic importance to the recreational tourism sector. Although diver numbers do increase in the summer months, diving is not just a seasonal activity therefore there are year round 4.4.2 economic benefits from this industry.

The Firth of Lorn offers a number of exciting dive opportunities allowing divers to see the unique marine biodiversity that the site supports, such as that found in the tidal sounds and around the Garvellachs and the Black Isles. Most divers charter specialist dive boats within the marine SAC area or launch outwith the site boundary since there are no public launch facilities within the site boundary. Additionally, tidal conditions in the site can make diving dangerous without local knowledge.

Limited launch facilities and insensitive behaviour, such as the use of compressors in inappropriate places, has caused conflict between some divers and local residents in the past. Improved dive-related infrastructure would allow the economic potential of the industry to be maximised in a sensitive manner. A study to assess the need and feasibility for shore-based dive facilities including toilets, changing area, launch point and parking for the marine SAC would be useful.

Competent/Relevant Authority Responsibilities

There are no statutory regulations imposed on recreational divers in UK waters.

The British Sub-Aqua Club (BSAC) and Scottish Sub-Aqua Club (SSAC) produce Safe Diving Practice Guidelines, which includes guidance on environmental issues, although there is nothing to ensure that all members of BSAC and SSAC adhere to these guidelines.

Potential Impacts At very high intensities over extended periods, recreational diving can result in damage to fragile marine species.

Scuba diving is not currently thought to be a threat to the conservation interests of the SAC.

FIRTH OF LORN 4.4.2 Scuba Diving Argyll Marine Special Marine Argyll Areas ofConservation Management Action points throughoutthearea. (NAUI) clubs.Thisinformationwillalsobeavailableatlocalairstationsandregularlaunch Association ofDivingInstructors(PADI)andNationalUnderwater developed fordistributiontoallBSAC,SSAC,Sub-AquaAssociation(SAA),Professional and preferredconductwhilstdivinginthearea.Adivecodeof(AppendixV)hasbeen Education isthemostappropriatetooltoincreaseawarenessofmarineSACdesignation be occurring. The Forumwillreassessthemanagementofdivingactivitiesinfutureifdamageisfoundto ACTIVITIES AND MANAGEMENT MEASURES Charter Boat Operations Charter 4.4.3 Charter Boat Operations

Description of Activity Charter boat tourism is an economically important sector in Argyll. It is estimated that between Campbeltown and Port Appin this industry provides approximately 152 direct jobs and 192 indirect or seasonal jobs and has an annual turnover of £4.56 million. Approximately 110,000 passengers take trips annually, with increases in numbers seen in recent years (Argyll Charter Boat Association, 2003).

Numerous boat charters operate within the Firth of Lorn SAC, offering opportunities for diving, wildlife 4.4.3 watching, island visits/scenic charter and sea angling.

Competent/Relevant Authority Responsibilities

District Salmon Fisheries Board Monitor catch returns for recreational fishing for salmon and trout. Maritime and Coastguard Agency Responsibility to prevent hazards to navigation, ensure sea safety compliance and coordinate emergency rescues. All boats must comply with the MCA Code of Practice. Scottish Natural Heritage Requirement to publish Scottish Marine Wildlife Watching Code under Section 51 of the Nature Conservation (Scotland) Act 2004.

Potential Impacts There is potential for this kind of activity to disturb wildlife, such as cetaceans, otters and seals. However, it is unlikely to have a significant detrimental effect on the rocky reefs of the SAC.

Management Action No action is required from statutory authorities or through a voluntary approach at present. If the forthcoming Scottish Marine Wildlife Watching Code were followed, no significant impact to wildlife would be expected.

The Forum coordinator will ensure that all members are provided with copies of the Scottish Marine Wildlife Watching Code once it is published.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation Management of Effluent Discharges/Dumping

ACTIVITIES AND MANAGEMENT MEASURES

4.5 Management of Effluent Discharges/Dumping

The assimilative capacity of the marine environment has long been harnessed to receive discharges from anthropogenic sources. In recent years there have been improvements in the quality of discharges in order to meet the requirements set out by the various European Directives that Scotland is committed to implementing e.g. Bathing Waters Directive, Urban Waste Water Treatment Directive and Shellfish Waters Directive. Future improvements will result when the Water Framework Directive is fully implemented. This has direct benefits to Argyll and Bute as clean coastal waters have important economic consequences for aquaculture, fishing and tourism sectors. 4.5

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES

4.5.1 Trade Effluent

Description of Activity Trade Effluent At present, there is only one consent for a discharge of trade effluent within the SAC, the cage finfish farm at Port na Seannag on the east coast of Lunga. The management of finfish aquaculture activities is discussed in 4.2.1.

Competent/Relevant Authority Responsibilities 4.5.1

Competent/Relevant Authority Responsibilities

Argyll and Bute Council Responsible for planning permissions on developments down to MLWS. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisations.

Scottish Environment Protection Agency Regulate discharges through the Water Environment (Controlled Activities) Regulations 2005 by issuing CAR authorisations and monitor authorised discharges.

Scottish Executive Enterprise, Transport and Lifelong Issue Coast Protection Act 1949 Section 34 consents Learning Department - Transport Division for pipelines which could cause hazards to navigation. Scottish Executive Environment and Rural Affairs Issue Food and Environment Protection Act 1985 licence Department - Fisheries Research Services for outfalls extending below MHWS. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisations for discharges to tidal waters. Statutory consultee on Food and Environment Scottish Natural Heritage Protection Act 1985 licences. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisations. Scottish Water Issue consents for the treatment of industrial effluent via waste water treatment works. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisations.

The Crown Estate Issue lease for discharge pipeline if over Crown Estate foreshore and/or seabed. Consultee where discharge is direct to sea.

Potential Impacts Trade effluent can be a source of potentially eutrophicating nutrients and chemical pollutants. A significant deterioration in water quality as a result of nutrient and chemical rich effluent could have a detrimental impact on the biology of the conservation interest of the site.

The current level of trade effluent discharges is not thought to be having a significant detrimental effect on the conservation interest of the site. When regulating trade effluent discharges, SEPA are required to consider the cumulative impact of trade effluent discharges and will therefore also consider discharges outside the marine SAC when taking decisions on consents within the site.

FIRTH OF LORN 4.5.1 Trade Effluent Argyll Marine Special Marine Argyll Areas ofConservation Management Action of thesite. will onlybegrantedifitcanshownthattherenoimpactontheconservationinterest of thesiteanappropriateassessmentwillberequired(AppendixIII).Thenecessaryconsents development isproposedwhichlikelytohaveasignificanteffectontheconservationinterest Future tradeeffluentdischargeapplicationswillbesubjecttotheHabitatsRegulations.Ifa measure fromboththeindustryandregulators. reveals animpactfromtradeeffluent,theForumwillseekappropriatemanagement No managementactionisrequiredbytheForumatpresenttime.Iffuturemonitoring of existingactivities. discharge consenttoensuretheintegrityofsiteisnotbeingthreatenedbycontinuation discharge asrequiredbytheHabitatsRegulationsandwilleitheraffirm,modifyorrevoke likely tohaveasignificanteffectonthesite,theywillmakeanappropriateassessmentofthat European Commissionhasadoptedthesite.IfSEPAdeterminethatanexistingdischargeis All existingdischargeswithintheFirthofLornSACaretobereviewedbySEPAnowthat ACTIVITIES AND MANAGEMENT MEASURES

4.5.2 Sewage Effluent Sewage Effluent Description of Activity Main sources of sewage Treated and untreated sewage effluent enters the effluent within the SAC Firth of Lorn at a variety of locations. The main Shoreline Waters population centres in the area (i.e. Cullipool, Cuan Shellfish Harvesting and Ellenabeich) have a number of sewage discharges Waters to soakaways and to the disused tidal quarries, but there are also unconsented discharges to the SAC. 4.5.2 SEPA no longer permits new discharges of sewage effluent to the tidal quarries at Cullipool and Ellenabeich and seeks soakaways where possible for amendments to existing discharges. Untreated sewage originates from older properties around the SAC boundary with no septic tank or sewage treatment facilities.

The total number of treated1 and untreated sewage sources entering the SAC is unknown, but there are not large numbers and they are not thought to be having a detrimental impact on the conservation interest of the site.

An area at the north end of the Island of Seil is designated as shellfish harvesting waters under the Shellfish Hygiene Directive 91/492/EEC. SEPA has also identified stretches of the foreshore at Cullipool, Cuan and Ellenabeich as Shoreline Waters. Although classification as Shoreline Waters is not a statutory requirement, it is SEPA's intention that these areas should meet the mandatory water quality standards set out in the EC Bathing Waters Directive 76/160/EEC.

To satisfy European Directive requirements, current SEPA Policy seeks to direct all new discharges of sewage effluent into soakaway arrangements in an attempt to avoid direct discharges to designated areas wherever possible. Where such discharges are unavoidable, consent conditions will be set to ensure that the discharge is subject to appropriate treatment2. SEPA also intends to review all existing discharges in the period 2005-2007 to seek appropriate treatment.

Where existing sewage discharges are untreated, the installation of appropriate treatment will be required within a reasonable timescale following SEPA's review. There is no statutory deadline for the installation of such treatment, but any timescale set by SEPA will be determined on a site-by-site basis and will be dependent on the risk presented by each discharge to the quality of the receiving water.

1 Current sewage treatment within the site generally consists of septic tank discharging to soakaways or directly to tidal waters. 2 Appropriate treatment is defined as treatment of wastewater by any process and/or disposal system that, after discharge, allows the receiving waters to meet the relevant quality objectives and the relevant provisions of EC Directives.

FIRTH OF LORN 4.5.2 Sewage Effluent Argyll Marine Special Marine Argyll Areas ofConservation Management Action sewage effluentcancausesignificantdamagetolocalbenthic communities. Treated anduntreatedsewageeffluentisapotentialsource ofeutrophicatingnutrients.Discharge Potential Impacts Competent/Relevant AuthorityResponsibilities Competent/Relevant Authority Argyll andButeCouncil Maritime andCoastguardAgency The CrownEstate Scottish Water Scottish NaturalHeritage Department -FisheriesResearchServices Scottish ExecutiveEnvironmentandRuralAffairs Learning Department-TransportDivision Scottish ExecutiveEnterprise,TransportandLifelong Scottish EnvironmentProtectionAgency threatened bythecontinuation ofexistingactivities. modify orrevokethedischargeconsenttoensure integrityofthesiteisnotbeing assessment ofthatdischargeasrequiredbytheHabitats Regulationsandwilleitheraffirm, discharge islikelytohaveasignificanteffectonthesite, theywillmakeanappropriate that theEuropeanCommissionhasadoptedsite.If SEPAdeterminethatanexisting All existingconsenteddischargeswithintheFirthofLornSAC aretobereviewedbySEPAnow Responsibilities 2005 CARauthorisationsfordischargestotidalwaters. Water Environment(ControlledActivities)Regulations for outfallsextendingbelowMHWS.Consultedon Issue FoodandEnvironmentProtectionAct1985licence outside harbourorderarea. controls overdisposalofvesselbilgewaterandsewage Management ofpollutionatsea.Responsibilityfor authorisations. (Controlled Activities)Regulations2005CAR down toMLWS.ConsultedonWaterEnvironment Responsible forplanningpermissionsondevelopments discharge isdirecttosea. Estate foreshoreand/orseabed.Consulteewhere Issue leaseforthedischargepipelineifoverCrown Regulations 2005CARauthorisations. on WaterEnvironment(ControlledActivities) treatment anddischargeofdomesticsewage.Consulted Responsible foroperationofpublicsewersandthe CAR authorisations. Environment (ControlledActivities)Regulations2005 Protection Act1985licences.ConsultedonWater Statutory consulteeforFoodandEnvironment navigation. for sewageoutfallswhichcouldcausehazardsto Issue CoastProtectionAct1949Section34consents authorisations andmonitorauthoriseddischarges. (Controlled Activities)Regulations2005byissuingCAR Regulate dischargesthroughtheWaterEnvironment ACTIVITIES AND MANAGEMENT MEASURES

No management action is required by the Forum at the present time. If future monitoring

reveals an impact from sewage effluent, the Forum will seek the appropriate management Sewage Effluent measure from the regulators.

Future sewage effluent discharge applications will be subject to the Habitats Regulations. If a development is proposed which is likely to have a significant effect on the conservation interest of the site an appropriate assessment will be required (Appendix III). The necessary consents will only be granted if it can be shown that there will be no impact on the conservation interest

of the site. 4.5.2

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES Marine Littering and Dumping Littering Marine

4.5.3 Marine Littering and Dumping

Description of Activity Marine litter can originate from a wide range of sources from domestic and recreational activities to commercial businesses that operate within or adjacent to the site. Passing marine traffic can also be a major source of litter.

Competent/Relevant Authority Responsibilities 4.5.3

Competent/Relevant Authority Responsibilities

Argyll and Bute Council Statutory duty for littering/dumping on public ground. Removal of fly-tipping waste and prosecution of those responsible.

Scottish Executive Environment and Rural Affairs Statutory duty under the Food and Environment Department - Fisheries Research Services Protection Act 1985 to control the deposit of articles or materials in the sea/tidal waters e.g. disposal of dredged material.

The Crown Estate Required to ensure that leaseholders adhere to the conditions of their leases and remove all equipment when the lease is relinquished.

Potential Impacts The disposal of litter containing chemicals could cause significant impacts to the conservation interest. There are also aesthetic issues and the presence of litter may reduce public perception regarding the conservation value of the site.

The current level of marine debris is not thought to be a problem in relation to its impact on the conservation interest of the site.

Management Action Encourage current and future local businesses, including boat operators, to participate in an accredited environmental management system.

Identify funding possibilities and/or physical assistance to help current and future local businesses, including boat operators, to participate in an accredited environmental management system.

Promote the existence of the SAC, encouraging homeowners, recreational visitors and boat owners/operators to dispose of litter properly.

Promote a strategy of land-based disposal in the correct facilities.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation Management of Shipping and Boat Maintenance

ACTIVITIES AND MANAGEMENT MEASURES

4.6 Management of Shipping and Boat Maintenance

With shipping still the main form of cargo transport into and out of Britain, it is clear that maritime trade is very significant economically. On the Scottish west coast, the main cargo shipping route is through the Minch to the North Channel or into the Clyde. There is also significant movement of oil tanker traffic down the Minch through the North Channel to refineries within The Minch the UK and Ireland. 4.6 Sea of Hebrides Sound of Mull Firth of Lorn Clyde North Channel Increasingly, the west highlands of Scotland are becoming a destination for cruise ships. During the summer months, cruise ships are seen regularly throughout the area calling at various Argyll islands and sea loch destinations. Oban and Campbeltown tend to be amongst their main ports of call.

Widely recognised as a prime destination for sailing and boating, there is significant sailing related infrastructure throughout Argyll and Bute in the form of marinas, moorings and boat yards.

Argyll and Bute contains 25 inhabited islands and ferries provide an essential service for communities living in these remote rural areas.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES Commercial Marine Commercial Marine Traffic

4.6.1 Commercial Marine Traffic

Description of Activity Oil Tankers and Cargo Vessels More frequently, large cargo ships and oil tankers en route from the north of Scotland to the Clyde and North Channel are using the Sound of Mull and Firth of Lorn to reduce journey times. The grounding of the MV Lysfoss and subsequent spill of fuel oil in the Sound of Mull in 2001 has highlighted the potential for an environmental disaster as a result of large boat traffic passing through or close by the area. 4.6.1

Ferries The Oban - Colonsay ferry operates within the Firth of Lorn marine SAC, with some sailings passing through the Gulf of Corryvreckan. There is also a short ferry crossing between Seil and Luing across Cuan Sound and between Ellenabeich and Easdale Island.

Fishing Vessels Fishing vessels operate throughout the Firth of Lorn and are a combination of both local and non-local boats.

Cruise Ships Cruise ships regularly pass through the Firth of Lorn marine SAC. On certain tours, the Hebridean Princess cruise ship will use the Firth of Lorn as an overnight anchorage. Other cruise ships may also use the site to anchor.

Competent/Relevant Authority Responsibilities

Argyll and Bute Council Preparation of Oil Spill Contingency Plan. Responsibility for the removal and disposal of beached oil, chemical pollution, spilled deck cargo and for the recovery of oil spilled in ports and harbours for small to medium-scale spills.

Maritime and Coastguard Agency Responsible for National Contingency Plan to manage pollution at sea. Take responsibility for the management and co-ordination of large-scale incidents and establish a Shoreline Response Centre to co-ordinate agencies and resources. Responsibility for preventing hazards to navigation and ensuring sea safety compliance.

Northern Lighthouse Board Prevent hazards to navigation by wreck marking and removal where necessary, buoy laying and lighthouse maintenance.

Scottish Environment Protection Agency Provide technical advice and monitoring assistance if there is a pollution incident. May sample any polluting discharges within 3 miles from shore. Participate in the Environment Group in the event of a large-scale incident.

FIRTH OF LORN 4.6.1 Commercial Marine Traffic Argyll Marine Special Marine Argyll Areas ofConservation Management Action non-native invasivespecies. consequences forwaterquality.Scientificresearchhasalsolinkedbilgetotheintroductionof The illegalpumpingofbilgewatercontainingpollutantsmayalsotakeplace,withpotential and aidthebreakdownofoilspills. sheltered areasarepotentiallythemostvulnerablehabitats,asthereislimitedwaveactiontodisperse reef habitatandinmostcasesrockyspeciesrecoverywouldbequiterapid.Intertidalreefs community couldbeserious,itisunlikelythattherewouldanymajorlong-termimpactontherocky impact fromanoilspill.Althoughtheimmediateofaspillonintertidalrockyreef intertidal birdandmarinewildlife.Subtidalcommunitiesareunlikelytobesubjectanylong-term various formsofmarinetrafficfoundwithintheSAC.Anysignificantoilspillcouldhaveanimpacton In theeventofcollisionorgrounding,thereispotentialforspillfueloildeckcargofrom Potential Impacts chemical anddeckcargospillages. dealing withspillsorthethreatofwithinCouncilarea.TheseAgencieswillalsodeal Maritime andCoastguardAgency,SEPA,SNH,PortPieruserslocalinterestgroupswhen The ArgyllandButeCouncilOilSpillContingencyPlanwillbeusedbyCouncil, Competent/Relevant Authority Department -FisheriesResearchServices Scottish ExecutiveEnvironmentandRuralAffairs Scottish NaturalHeritage conservation interestofthesite. The Forumhasagreedthatnomanagementactionis currently requiredtoprotectthe Responsibilities Environment Groupineventofalarge-scaleincident. of marineandcoastalarea.Participateinthe Provide adviceconcerningnatureconservationinterest Group ineventofalarge-scaleincident. Provide adviceonspills.ParticipateintheEnvironment nm ofsuchwaterstomanageanypollutionincident. of chemicaldispersantsinwaters<20mandwithin1 incidents involvingoilandchemicalspills.Licenceuse Provide fullemergencycovertorespondmarine Boat Hull Maintenance and Antifoulant Use

ACTIVITIES AND MANAGEMENT MEASURES

4.6.2 Boat Hull Maintenance and Antifoulant Use

Description of Activity Run-off from hull cleaning operations is a trade effluent. It may contain residual pesticides and detergents and could be classified as special waste. The management of trade effluent discharges is considered in 4.5.1. SEPA have not issued any consents for hull cleaning operations within the Firth of Lorn. The current extent of boat maintenance within the site is unknown but thought to be minor.

Fish farm operators are required to supply information on their intended use of antifoulants at the CAR 4.6.2 authorisation application stage and then provide SEPA with monthly returns on the actual level of usage. This provides SEPA with information on the release of substances listed under the EC Dangerous Substances Directive (76/464/EEC and Daughter Directives) and will be used in subsequent reviews following the outcomes of research on the effects of antifoulant coatings used in aquaculture.

Competent/Relevant Authority Responsibilities

Scottish Environment Protection Agency SEPA regulate trade effluent discharges from boat maintenance facilities through the Water Environment (Controlled Activities) Regulations 2005 by issuing CAR authorisations and monitor authorised discharges.

Scottish Natural Heritage Provide advice concerning nature conservation interest of marine and coastal area.

Potential Impacts Most antifoulant products are designed to kill or discourage naturally occurring organisms and could cause damage to the water environment if used carelessly. Under normal responsible usage there is unlikely to be any impact to the conservation interest of the site.

Management Action The Forum recommends that Pollution Prevention Guidelines for Marinas and Craft should be circulated to all Forum members and those businesses employing the use of antifoulant treatments. Use of these Guidelines is to be encouraged within all marine areas.

Pollution Prevention Guidelines for Marinas and Craft can be downloaded from the SEPA website www.sepa.org.uk

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation Management of Coastal Development/Land-Use

ACTIVITIES AND MANAGEMENT MEASURES

4.7 Management of Coastal Development/Land-Use

With our coastal zones being a prime economic resource, development pressure on these areas already exists and new development pressures, such as renewable energy, continue to emerge. Land-use can also have important implications on the adjacent sea areas. Positive economic growth, such as that experienced by the tourism sector, can have implications for coastal development with improvements in infrastructure necessary to support the requirements of increased visitor numbers.

It is imperative that our coasts and inshore waters are utilised in a way that is compatible with, and

enhances, the social, environmental and cultural value of these areas. 4.7

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES

4.7.1 Coastal Development Coastal Development

Description of Activity This can include any construction work that occurs on land adjacent to the SAC, along the foreshore or on the nearshore seabed. Examples include slipways, coastal defence, coastal roads, piers, harbours, renewable energy and tidal barrages. Extraction of material from the foreshore or seabed for the aggregate industry currently does not occur within the site. 4.7.1 Competent/Relevant Authority Responsibilities

Competent/Relevant Authority Responsibilities

Argyll and Bute Council Responsible for planning permissions on developments down to MLWS. Responsibility to undertake coastal protection works/flood defence. Statutory consultee for Coast Protection Act 1949 Section 34 consents

District Salmon Fisheries Board Consultee on coastal development and extraction of material from the foreshore and seabed.

Maritime and Coastguard Agency Consultee on extraction of material from the seabed.

Northern Lighthouse Board Consultee where development could affect navigation.

Scottish Environment Protection Agency Statutory consultee for planning applications and Food and Environment Protection Act 1985 licences. Regulate activities involving the re-use or deposit of waste materials used for construction work e.g. sea defences.

Scottish Executive Enterprise, Transport and Lifelong Issue Coast Protection Act 1949 Section 34 consents Learning Department - Transport Division for developments that could cause hazards to navigation. Administer Harbour Orders for marine construction under the Harbours Act 1964.

Scottish Executive Environment and Rural Affairs Consultee on coastal development. Department - Agriculture

Scottish Executive Environment and Rural Affairs Issue Food and Environment Protection Act 1985 Department - Fisheries Research Services licences for coastal developments extending below MHWS. Consultee on extraction of material from the seabed.

Scottish Natural Heritage Statutory consultee on the development of local plans, planning applications, Coast Protection Act 1949 Section 34 consents, Food and Environment Protection Act 1985 licences and seabed/foreshore leases.

The Crown Estate Issue foreshore or seabed lease if development on Crown Estate land.

FIRTH OF LORN 4.7.1 Coastal Development Argyll Marine Special Marine Argyll Areas ofConservation Management Action conservation interestoftheFirthLorn. The currentextentofsuchdevelopmentsisnotconsideredtobehavingadetrimentalimpactonthe effects oncoastalprocessesandtidalcurrentsaswellcausingdirectlossofhabitat. defences couldcausesignificantdamagetothemarinecommunitiesofFirthLornthroughtheir The constructionofjetties,piers,slipways,fixedlinks(causewaysorbridges),coastalroadsand Potential Impacts of thesite. will onlybegrantedifitcanshownthattherenoimpactontheconservationinterest of thesiteanappropriateassessmentwillberequired(AppendixIII).Thenecessaryconsents development isproposedwhichlikelytohaveasignificanteffectontheconservationinterest Future coastaldevelopmentrelatedproposalswouldbesubjecttotheHabitatsRegulations.Ifa The Forumhasnocoastaldevelopmentrelatedconcernsatpresent. ACTIVITIES AND MANAGEMENT MEASURES

4.7.2 Agriculture

Description of Activity Agriculture Agriculture is an important industry in Argyll and Bute, not just in terms of economic output, but also in terms of its impact on the landscape, natural environment and the social systems that it supports.

At present there are no significant agricultural activities adjacent to the Firth of Lorn SAC. There are beef cattle on Luing and also some small-scale beef cattle and sheep farming on Seil. Some agricultural activities are regulated under The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) 4.7.2 (Scotland) Regulations 2001. Farmers are currently encouraged to adopt accepted good practice, as outlined in documents such as the Four Point Plan, the Farm Soils Plan and the Prevention of Environmental Pollution from Agricultural Activity (PEPFAA) Code.

Competent/Relevant Authority Responsibilities

District Salmon Fisheries Board Consultee on land drainage.

Scottish Environment Protection Agency Statutory consultee for land drainage and agricultural developments. Undertake farm inspections (both ad hoc and routine) supported by incident response where required. Respond to pollution incidents as required.

Scottish Executive Environment and Rural Affairs Responsible for agricultural land drainage and re-seeding Department - Agriculture of land.

Scottish Natural Heritage Provide advice concerning nature conservation interest of marine and coastal area.

Scottish Water Responsibilities for land drainage.

Changes to the regulatory regime are expected with implementation of the Water Framework Directive via the Water Environment Water Services (Scotland) Act 2003. The Scottish Executive recently consulted on measures to tackle diffuse pollution, including new regulations in the form of General Binding Rules based on accepted good practice. A further consultation on this is expected in Autumn 2006.

Potential Impacts Agricultural operations may have the potential to reduce water quality where run-off enters directly into a watercourse or the marine environment. Increased faecal coliform concentrations, which may result from poor agricultural practice, can be a problem for the shellfish industry. However, organic enrichment from the current small-scale agricultural operations is unlikely to have any significant impact on the rocky reef habitats in the Firth of Lorn SAC.

The current level of agriculture is not having a detrimental effect on the conservation interest of the site.

FIRTH OF LORN 4.7.2 Agriculture Argyll Marine Special Marine Argyll Areas ofConservation Management Action conservation interestofthesite. The Forumhasagreedthatnomanagementactioniscurrentlyrequiredtoprotectthe ACTIVITIES AND MANAGEMENT MEASURES

4.7.3 Forestry

Description of Activity Areas of Forestry

Forestry is important to Argyll and Bute in terms of Forestry both economic benefits and recreation. Forestry Commission Scotland manages its own forests for multiple-benefits, including conservation (management of habitats, species, archaeology), recreation (forest walks and cycle routes for both 4.7.3 locals and tourists), local communities and also landscape needs.

The forestry industry currently adheres to the Forests and Water Guidelines, which were derived following extensive consultation throughout the forest and water industries, government departments, including Forestry Commission Scotland and SEPA, research institutes and other relevant organisations. The Guidelines provide guidance to forest managers and practitioners on how forests should be designed, planned and operations carried out in order to protect and enhance the water environment.

At present, there are very few areas of forestry and these sites are some distance from the SAC boundary. However, there is potential for future forestry development adjacent to the site.

Competent/Relevant Authority Responsibilities

Argyll and Bute Council Statutory consultee for forestry developments.

District Salmon Fisheries Board Consultee on forestry developments.

Forestry Commission Scotland Responsible for regulating forestry industry. Issue consents for afforestation proposals of ≥ 2 ha and deforestation of ≥ 0.5 ha.

Scottish Environment Protection Agency Statutory consultee for forestry developments, commenting on Woodland Grant Scheme and Felling Licence applications. Promote adherance to Forests and Water Guidelines and respond to pollution incidents as required.

Scottish Executive Environment and Rural Affairs Consultee on forestry developments. Department - Agriculture

FIRTH OF LORN 4.7.3 Forestry Argyll Marine Special Marine Argyll Areas ofConservation Management Action considered tobehavingadetrimentalimpactontheconservationinterest. the site.ThecurrentextentandmanagementofforestryclosetoFirthLornsiteisnot water exchange.DeteriorationisunlikelyintheFirthofLornduetostrongtidalcharacteristics water qualityaremoreprofoundinfreshwatercatchmentsormarineareasexperiencingrestricted eutrophication orthetranslocationofherbicidesandinsecticides.Theimplicationsdeteriorationin Land preparationanddevelopmentforforestrymayhaveanimpactonwaterqualitythroughsiltation, Potential Impacts Autumn 2006. General BindingRulesbasedonacceptedgoodpractice.Afurtherconsultationthisisexpectedin recently consultedonmeasurestotacklediffusepollution,includingnewregulationsintheformof Directive viatheWaterEnvironmentServices(Scotland)Act2003.TheScottishExecutive Changes totheregulatoryregimeareexpectedwithimplementationofWaterFramework Competent/Relevant Authority Scottish NaturalHeritage Scottish Water the conservationinterestofsite. The necessaryconsentswillonlybegrantedifitcanshownthattherenoimpacton the conservationinterestofsiteanappropriateassessmentwillberequired(AppendixIII). Habitats Regulations.Ifadevelopmentisproposedwhichlikelytohavesignificanteffecton Any futureforestrydevelopmentsaroundtheboundaryofSACwillbesubjectto conservation interestofthesite. The Forumhasagreedthatnomanagementactioniscurrentlyrequiredtoprotectthe Responsibilities Consultee onforestrydevelopments. Statutory consulteeonforestrydevelopments. ACTIVITIES AND MANAGEMENT

MEASURES Management of Scientific Research

4.8 Management of Scientific Research

With high profile academic institutions like the University Marine Biological Station Millport and the Scottish Association for Marine Science located on the west coast of Scotland, scientific research has concentrated on the marine and coastal environment of the west coast for over 120 years. An incredible amount of research has focused on obtaining a greater understanding of the habitats and species in west coast waters. Providing an insight into the effective management of our important marine resources undoubtedly has great benefits for the future management of the Argyll marine SACs. 4.8

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation ACTIVITIES AND MANAGEMENT MEASURES

4.8.1 Scientific Research Scientific Research

Description of Activity For a number of decades, scientific research activities have occurred within the Firth of Lorn marine SAC area. Research has concentrated on different aspects of the marine and coastal environment, including physical oceanography, broad scale mapping and the distribution of habitats and species.

Competent/Relevant Authority Responsibilities 4.8.1

Competent/Relevant Authority Responsibilities

Scottish Executive Enterprise, Transport and Lifelong Issue Coast Protection Act 1949 Section 34 consents Learning Department - Transport Division for scientific research that may cause a hazard to navigation.

Scottish Executive Environment and Rural Affairs Responsible for licensing deposits in the sea below Department - Fisheries Research Services MHWS.

Scottish Natural Heritage Issue license if research activities involve a species protected under the Wildlife and Countryside Act 1981 or a European Protected Species under the Habitats Directive. Provide advice to academic institutions on the effects of research on the conservation interests of a SAC.

Potential Impacts Direct alteration, removal or manipulation of the rocky reef and its resident/associated species may occur through research activities.

It is likely that given the thorough background investigation necessary to develop a research project, researchers would be aware of the legal status of the habitat, species or area they wish to study. Researchers generally contact Scottish Natural Heritage or SEERAD Fisheries Research Services to determine if any conservation issues are likely to arise from their proposed study.

Management Action The Forum recommend that any proposals to undertake marine research involving potential damage to the conservation interest of the site should have clear outcomes which will benefit the long-term health and management of the conservation interest. In general, there should be a presumption against destructive research.

FIRTH OF LORN 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Marine Argyll Areas ofConservation IMPLEMENTATION 5 5 IMPLEMENTATION Argyll Marine Special Marine Argyll Areas ofConservation Implementation of the Management Plan IMPLEMENTATION

5.1 Implementation of the Management Plan

Implementation of this management plan will be necessary to ensure compliance with the Habitats Directive. Although it will be the responsibility of the relevant and competent statutory authorities to control activities within their respective remits, the Argyll Marine SAC Management Forum will continue to play a key role in formulating new and amending old management actions. Argyll and Bute Council will coordinate and administer the Forum and will be the principal agency coordinating implementation of the management actions.

Argyll and Bute Council will: 5.1 Continue to coordinate the activities of the Argyll Marine SAC Management Forum.

Facilitate implementation of management actions identified in the Firth of Lorn Marine SAC Management Plan.

Update and revise the Firth of Lorn Marine SAC Management Plan as directed by the Forum.

Develop and encourage research projects that will aid future management of the site.

Continue to increase awareness and understanding about the SAC.

The Forum will meet annually, or when necessary, if issues arise which should be addressed urgently.

FIRTH OF LORN 5 IMPLEMENTATION Argyll Marine Special Marine Argyll Areas ofConservation Implementation Phase Management Actions

IMPLEMENTATION

5.2 Implementation Phase Management Actions

IMPLEMENTATION PHASE ACTIVITY MANAGEMENT ACTIONS & TASKS

FISHING 5.2 Benthic Dredging Following recommendations by the Forum that a detailed, independent study be carried out to assess the impact from scallop-dredging activities within the Firth of Lorn, funds have been made available funds available to investigate the extent of damage within the site. The Forum recommends that this research should take place without delay and that fishermen and other interested parties, such as local recreation and tourism operators, should be consulted.

Benthic Trawling Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists.

Creel Fishing Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists.

Bottom Set Tangle The Forum will continue to monitor outcomes from the sustainable fisheries project Nets and take the results into account when considering future management actions.

RECREATION & TOURISM

Anchoring & Mooring Mariners will be informed about the Firth of Lorn marine SAC designation through additions to Admiralty Charts, cruising guides, local information points, the West Highland Anchorages and Moorings Association, West Highlands and Islands Sailing Clubs Association, Royal Yachting Association, yacht charter companies and sailing and yacht clubs.

Scuba Diving Education is the most appropriate tool to increase awareness of the marine SAC designation and preferred conduct whilst diving in the area. A dive code of conduct (Appendix V) has been developed for distribution to all BSAC, SSAC, Sub-Aqua Association (SAA), Professional Association of Diving Instructors (PADI) and National Association of Underwater Instructors (NAUI) clubs. This information will also be available at local air stations and regular launch points throughout the area.

FIRTH OF LORN 5.2 Implementation Phase Management Actions Argyll Marine Special Marine Argyll Areas ofConservation Scientific Research Antifoulant Use Maintenance and Boat Hull Dumping Marine Litteringand Sewage Effluent Trade Effluent Operations Charter Boat Scuba Diving(cont.) ACTIVITY areas. antifoulant treatments.UseoftheseGuidelinesistobeencouraged within allmarine should becirculatedtoallForummembersandthosebusinessesemploying theuseof The ForumrecommendsthatPollutionPreventionGuidelinesforMarinas andCraft Promote astrategyofland-baseddisposalinthecorrectfacilities. and boatowners/operatorstodisposeoflitterproperly. Promote theexistenceofSAC,encouraginghome-owners,recreationalvisitors management system. businesses, includingboatoperators,toparticipateinanaccreditedenvironmental Identify fundingpossibilitiesand/orphysicalassistancetohelpcurrentandfuturelocal in anaccreditedenvironmentalmanagementsystem. Encourage currentandfuturelocalbusinesses,includingboatoperators,toparticipate site isnotbeingthreatenedbythecontinuationofexistingactivities. will eitheraffirm,modifyorrevokethedischargeconsenttoensureintegrityof appropriate assessmentofthatdischargeasrequiredbytheHabitatsRegulationsand existing dischargeislikelytohaveasignificanteffectonthesite,theywillmakean SEPA nowthattheEuropeanCommissionhasadoptedsite.Iffeelan All existingconsenteddischargeswithintheFirthofLornSACaretobereviewedby being threatenedbythecontinuationofexistingactivities. affirm, modifyorrevokethedischargeconsenttoensureintegrityofsiteisnot assessment ofthatdischargeasrequiredbytheHabitatsRegulationsandwilleither discharge islikelytohaveasignificanteffectonthesite,theywillmakeanappropriate that theEuropeanCommissionhasadoptedsite.IfSEPAfeelanexisting All existingdischargeswithintheFirthofLornSACaretobereviewedbySEPAnow SNH ScottishMarineWildlifeWatchingCodeonceitispublished. The Forumcoordinatorwillensurethatallmembersareprovidedwithcopiesofthe including toilets,changingarea,launchpointandparkingforthemarineSAC. Undertake studytoassesstheneedandfeasibilityforshore-baseddivefacilities In general,thereshouldbeapresumption againstdestructiveresearch. which willbenefitthelong-termhealthandmanagementofconservation interest. potential damagetotheconservationinterestofsiteshouldhave clearoutcomes The Forumrecommendthatanyproposalstoundertakemarineresearch involving HPIGADBA MAINTENANCE SHIPPING ANDBOAT EFFLUENT DISCHARGES/DUMPING MANAGEMENT ACTIONS&TASKS IMPLEMENTATION PHASE SCIENTIFIC RESEARCH MONITORING 6 6 MONITORING Argyll Marine Special Marine Argyll Areas ofConservation MONITORING Site Condition Monitoring

6.1 Site Condition Monitoring

Although site condition monitoring is not a requirement of the Habitats Directive, there must be surveillance of the resource and Member States have a duty to report to the European Commission Environment Directorate General every six years1 on the status of their marine SACs.

In order to contribute to the UK's reporting commitments, Scottish Natural Heritage (SNH) will conduct site condition monitoring to assess the general health and extent of the conservation interest and also to determine if there have been any changes in habitat distribution or any significant

disturbance. SNH will conduct small-scale emergency monitoring within the six-year period if activities 6.1 are reported which may be seriously damaging the conservation interest of the site. Information gathered through routine monitoring carried out by other organisations, e.g. Fisheries Research Services and the Scottish Environment Protection Agency, in fulfilment of other legislative requirements would also contribute toward meeting these reporting commitments.

It is imperative that a component of site condition monitoring, or other research projects are directed to address management issues highlighted in the Activities and Management Measures section of this plan, in order to inform decisions on future management. It has been agreed that the SNH marine SAC monitoring team will consult the Forum on their proposed monitoring strategy before undertaking site condition monitoring, in order to identify areas that may be sensitive to impact.

SNH monitoring team communicate with Argyll Marine SAC Management Forum to determine monitoring strategy

Undertake monitoring Report back to European Commission Report presented to Argyll Marine SAC Management Forum

Argyll Marine SAC Management Forum meet to discuss results and amend management plan if necessary

1 The next report will cover the period from January 2001 to December 2006.

FIRTH OF LORN 6 MONITORING Argyll Marine Special Marine Argyll Areas ofConservation MONITORING Compliance Monitoring 6.2 Compliance Monitoring

Argyll and Bute Council will continue to take a lead role in the coordination and administration of the Forum. They will be responsible, along with the relevant statutory authorities, for ensuring that users of the area are following the site management plan.

In a coordinating role, Argyll and Bute Council will be in a position to implement and monitor the success of the management actions outlined in this document. They will report annually to the Forum on progress and will coordinate implementation tasks in collaboration with relevant Forum Members. 6.2 Management actions are currently voluntary therefore compliance needs to be monitored at a local level. It is hoped that users working within the site will take on the role of stewards of the area and advise visitors, when possible, if they are in breach of any of the locally agreed measures. However, if any Forum member suspects that illegal practices or significant damage is occurring within the SAC, they should contact the appropriate relevant authority, or follow the procedure outlined below.

Report suspected damage to Argyll and Bute Council Marine & Coastal Development Unit and Relevant/Competent Authority

Is activity subject to any regulatory Is the activity unlicensed e.g. anchoring, controls e.g. fishing license, or illegal e.g. dumping? discharge consent?

Relevant/competent authority Marine and Coastal Development Unit investigate and take action as necessary investigate on behalf of Argyll Marine under appropriate legislation SAC Management Forum

Individual/Company informed Report made to Argyll Marine SAC of marine SAC designation and any Management Forum management measures in place.

CASE CLOSED Agrees to stop Does not agree to stop damaging activity damaging activity

Activity monitored Forum meets to discuss and report made to how further pressure Argyll Marine SAC can be applied Management Forum

CASE CLOSED

FIRTH OF LORN 6 MONITORING Argyll Marine Special Marine Argyll Areas ofConservation MONITORING Review of Existing Consents

6.3 Review of Existing Consents

Under Regulation 50 of the Habitats Regulations, all relevant and competent authorities are required to undertake a review of all existing consents, permissions or other authorisations within the site and are required to either affirm, modify or revoke any consent, permission or other authorisation to ensure the integrity of the site is not being threatened by the continuation of existing activities. These reviews are now due to take place, as the SAC has become a European Site. 6.3

FIRTH OF LORN 6 MONITORING Argyll Marine Special Marine Argyll Areas ofConservation