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The Case for a Marine Act for The Tangle of the Forth

© WWF Scotland

For more information contact: WWF Scotland Little Dunkeld Perthshire PH8 0AD t: 01350 728200 f: 01350 728201 The Case for a Marine Act for Scotland wwf.org.uk/scotland COTLAND’S incredibly  Scotland’s territorial rich marine environment is waters cover 53 per cent of Designed by Ian Kirkwood Design S one of the most diverse in its total terrestrial and marine www.ik-design.co.uk Europe supporting an array of wildlife surface area Printed by Woods of Perth and habitats, many of international on recycled paper importance, some unique to Scottish  Scotland’s marine and WWF-UK registered charity number 1081274 waters. Playing host to over twenty estuarine environment A company limited by guarantee species of and dolphins, contributes £14 billion to number 4016274 the world’s second largest fish - the Scotland’s £64 billion GDP Panda symbol © 1986 WWF – basking shark, the largest gannet World Wide Fund for Nature colony in the world and internationally 5.5 million passengers and (formerly World Wildlife Fund)  ® WWF registered trademark important numbers of and seals 90 million tonnes of freight Scotland’s seas also contain amazing pass through Scottish ports deepwater coral reefs, anemones and starfish. The rugged coastline is  70 per cent of Scotland’s characterised by uniquely varied habitats population of 5 million live including steep shelving sea cliffs, sandy within 10km of the and and majestic sea lochs. All of 20 per cent within 1km these combined represent one of Scotland’s greatest  25 per cent of Scottish Scotland has over economic and aesthetic business, accounting for 11,000km of coastline, assets. 10 per cent of Scottish one of the longest in Scotland’s uniquely turnover and 20 per cent of Europe diverse marine environment employment is located within is also host to a range of 1km of the coast different, and sometimes conflicting, uses and activities.  There are over 790 Scotland’s amazing marine scenery is Scottish , including one of its key attractions as a tourist 130 which are inhabited destination and provides for many recreational activities such as diving, © Steve MORGAN/WWF-UK Steve © sailing and wildlife tourism. Meanwhile Scotland’s marine waters also provide the basis for a range of industrial Front cover photos Main, right 2, right 4 © Steve MORGAN/WWF-UK activities including oil extraction, Right 1 © Sue SCOTT shipping, and commercial fisheries. Right 3 © Genevieve LEAPER/WWF Scotland

 The Tangle of the Forth The Tangle of the Forth

N 2004, the Scottish Coastal Forum Seas the Opportunity: a strategy for the natural resources. published a Strategy for Scotland’s long-term sustainability of Scotland’s sea The challenge is converting this definition I and inshore waters. When and coasts. The Minister for Environment into a practical reality. Today, the approach to considering the various uses of the coasts and Rural Development established a high managing coastal and marine activities and and inshore waters, the Strategy observes: level Advisory Group for the Marine and to marine conservation remains unstructured, Coastal Strategy (AGMACS) to, among other piecemeal, sector-focused and unsustainable. “Sectoral management systems objectives, consider the potential for marine Scotland’s seas are some of the most have historically tended to downplay spatial planning and how such a system might productive in the world; for example, the these cross-sectoral linkages but operate in practice and to identify whether accounts for 3.5 per cent of the integrated management systems any of the elements of the strategy might world’s commercial fish catch, but comprises acknowledge and address them more explicitly. There is an economic rationale for this as well as a matter Sustainable development requires that of principle. Benign interactions tend to add to the total sum of wealth natural resources be used in ways whereas conflicting interests tend to that avoid irreversible damage, limit or diminish it.” loss of irreplaceable features,

This highlights that a sector-by-sector or reduction in ecosystem resilience approach to the management of coastal and marine resources will not only result in conflicts, which fail to realise maximum require underpinning by new legislation or new only 0.18 per cent of the earth’s surface. benefits from the resources but is likely to delivery mechanisms. Scotland’s seas support around 13–14,000 undermine and degrade the resources, to the Sustainable development requires that fishing and processing jobs, while 60 per cent city and the is the most extent that the benefits provided are reduced natural resources be used in ways that avoid of the UK fish catch, with a value of £328 © Steve MORGAN/WWF-UK popular tourist destination in Scotland – or degraded. Thus, in the long term, there will irreversible damage, loss of irreplaceable million, comes from Scottish vessels. Declines diverse. It is estimated there are over 8,000 be a reduction in the available benefit that the features, or reduction in ecosystem resilience. in North Sea fish stocks and recent growth one-fifth of all UK visitors and one-third of marine species in Scottish waters, including resources are able to provide. The Strategy Today’s needs must be met without in shellfish markets have resulted in the over 250 species of fish, 20 species of all overseas spending is in this region. The identifies a large number of objectives compromising the ability of future generations Scottish inshore fleet becoming almost entirely whales and dolphins, over 3,000 species of two key factors in selecting their destination and necessary actions under a series of to meet their needs. Environmental, social, dependent on shellfish. Key shellfish species shellfish, internationally important colonies of goals including integration, spatial planning and economic interests should be considered for the inshore fleet include scallops, crabs cited by all visitors are the scenery and seals, internationally important populations and decision-making, and stakeholder simultaneously to ensure cohesion within and lobster and the Scottish langoustine (also of waterfowl, and 43 per cent of all seabirds the natural environment participation. a management system that allows a long- known as Norwegian lobster or Nephrops), breeding in the EU. It has been calculated In September 2005 the Scottish Executive term and dependable flow of benefits with landings worth £57.2 million in 2004. that and dolphin watching generates published a marine and coastal strategy, from both renewable and non-renewable £3.4 million annually and that marine wildlife  Three in every four Scottish fishing tourism generates over £57 million in revenue UK Marine Jurisdictions vessels fish in inshore waters and supports nearly 3,000 jobs. However, HW LW 3 Miles 12 Miles 200 Miles  Of 21 commercially exploited fish worrying trends indicate that we are failing to stocks in 2003, 16 are considered manage our marine resources sustainably and Foreshore UK Territorial Waters UK Fisheries Limit to be fished beyond safe biological as a result many species and habitats are not limits prospering as they should:

Scotland’s coast boasts outstanding  Leatherback turtle – noticeable scenery and natural environment – the two decline in North Atlantic Local Planning Authorities most important factors for both UK and  Atlantic salmon – significant overseas visitors to Scotland according decline

Harbour Authorities to surveys conducted by Visit Scotland.  Other migratory fish – sea trout Scotland’s waters are considered to be highly and eels – in decline  Cod populations – severe decline. Scottish Environment Protection Agency (Water Quality) Certain stocks at historic low  Common skate – severe decline Scottish Fisheries Protection Agency  Roseate –severe decline in population Scottish Executive Defra  Scoter – substantial decline in Nature Conservation Commitments population

Crown Estate (Seabed Ownership) G ©  Redshank – breeding population in

enevieve decline

 Kittiwake – population declining in MORGAN/WWF-UK Steve ©

Scottish Executive Environment & Rural Affairs Department (Fisheries) Scotland LEAPER/WWF some areas, particularly east coast Scotland Department Trade and Industry, Scottish Executive Enterprise Transport and Lifelong Learning Department  Saltmarsh - significant decline in (Offshore Oil and Gas and Renewable Energy) past 50 years Department for Transport (Shipping)  Seagrass beds – severe decline

  The Tangle of the Forth The Tangle of the Forth

Scotland’s Responsible Authorities and Relevant Legislation The of Forth is recognised on an International, European and National level URRENTLY more than 20 bodies have a role to play.

for its outstanding marine and coastal MORGAN/WWF-UK Steve © have jurisdiction or responsibility The complexity of legislation is even C in Scotland’s marine environment greater. Largely driven by the need to respond biodiversity but the implementation and – from global organisations such as the to the inadequacies of the management enforcement of these levels of protection is International Maritime Organization responsible system of the day, more than 50 relevant virtually impossible under legislation for agreeing measures for the management pieces of legislation, some dating back a of international shipping to the European hundred years, have been adopted. The Commission and the 25 Member State proliferation of legislation in the last two Fisheries Ministers. From Westminster’s decades demonstrates the ad hoc and Ministry of Defence and Department of confused approach to the continued mis- Trade and Industry which has reserved management of coastal and marine resources. The range of legislation relevant to marine responsibilities for maritime sectors operating All signs point to the fact that the time has and coastal developments and activities in Scotland’s waters to the come to overhaul the existing legislative

and government departments, responsible system for the management of coastal and • Dockyard Ports Regulations Act 1865 • Town & Country Planning (Scotland) Act for the management of most activities within marine resources and to develop a cohesive • Military Lands Act 1892 1997 12nm of the coast and the local authorities. All planning system for the coast and sea. • Diseases of Fish Acts 1937 • Merchant Shipping and Maritime Security • Coast Protection Act 1949 Act 1997 • Land Drainage (Scotland) Act 1958 • Merchant Shipping (Port Waste Reception • Crown Estate Act 1961 Facilities) Regulation 1997 Governmental Marine Responsibilities in Scotland MORGAN/WWF-UK Steve © • Flood Prevention (Scotland) Act 1961 • Planning (Listed Buildings and Conservation • Pipe-Lines Act 1962 Areas) (Scotland) Act 1997 • Harbours Act 1964 • Scotland Act 1998 • Sea Fisheries Regulation Act 1966 • Environmental Assessment and Habitats European International • Sea Fish (Conservation) Act 1967 (Extraction of Minerals by Marine Dredging) Obligations Obligations • Sea Fisheries (Shellfish) Act 1967 Regulations 1998 UK • Conservation of Seals Act 1970 • Merchant Shipping (Oil Pollution Government • Prevention of Oil Pollution Act 1971 Preparedness Response and Co-operation • Local Government Act 1972 Convention) Regulations 1998 • Protection of Wrecks Act 1973 • Merchant Shipping (Prevention of Pollution Ministry of Customs Defence & Excise • Control of Pollution Act 1974 amended by by Garbage) Regulations 1998 Water Resources Act 1991 • Petroleum Act 1998 Department of • Endangered Species (Import and Export) Act • Petroleum (Production) (Seaward Areas) Trade and Industry Home Office 1976 Regulations 1988

Department for Scottish • Ancient Monuments and Archaeological Areas • Environmental Impact Assessment Transport Executive Act 1979 (Scotland) Regulations 1999 • Merchant Shipping Act 1979 • EIA (Fish Farming in Marine Waters) Commissioners of • Wildlife and Countryside Act 1981 Regulations 1999 Northern • Diseases of Fish Acts 1983 • EIA (Scotland) Regulations 1999 Development Department • Inshore Fishing (Scotland) Act 1984 • Harbour Works (Environmental Impact Maritime & Coastguard Agency • Fishing (Scotland) Act 1984 Assessment) Regulations 1999 Education • Telecommunications Act 1984 amended by • Offshore Petroleum Production and Pipe- Department © Steve MORGAN/WWF-UK Steve © Communications Act 2003 Lines (Assessment of Environmental Effects) © G © • Food and Environment Protection Act 1985 Regulations 1999 Enterprise Transport enevieve and Lifelong Learning • Protection of Military Remains Act 1986 • Electricity Works (Environmental Impact

LEAPER/WWF Scotland LEAPER/WWF • Pilotage Act 1987 Assessment) Regulations 2000 Environment Local Planning • Electricity Act 1989 • National Parks (Scotland) Act 2000 & Rural Affairs Authority Department • Inshore Fishing (Prohibition of Fishing and • Sea Fisheries (Shellfish) Amendment Fishing Methods) (Scotland) Order 1989 amended (Scotland) Act 2000 Scottish Historic Environment Scotland in 1994, 1996 and 1999 • Pollution Prevention and Control Protection Agency • Environmental Protection Act 1990 Regulations 2000 More than 20 bodies have • Natural Heritage (Scotland) Act 1991 • EU Common Fisheries Policy 2002 Scottish Fisheries jurisdiction or responsibility Protection Agency • Water Resources Act 1991 • National Heritage Act 2002 • Sea fisheries (Wildlife Conservation) Act 1992 • Land Reform (Scotland) Act 2003 in Scotland’s marine Fisheries Research • Transport & Works Act 1992 • Water Environment and Water Services Services environment, working with • Conservation (Natural Habitats, &c.) (Scotland) Act 2003 Regulations 1994 • Conservation (Natural Habitats) Amendment Scottish over 50 pieces of relevant Natural Heritage • Environment Act 1995 (Scotland) Regulations 2004 legislation, much of it • Merchant Shipping Act 1995 • Environmental Assessment of Plans and Scottish Agricultural • Flood Prevention and Land Drainage (Scotland) Programmes (Scotland) Regulations 2004 Science Agency conflicting or overlapping Act 1997 • Nature Conservation (Scotland) Act 2004

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KEY Exercise Shellfish Waters Radiation (historic) Gas Pipeline Obstruction Nitrate Vulnerable Zone Possible Sightings of whales, dolphins or Anchoring Prohibited Power Station Dive site (Scenic/Wreck/ porpoises Aircraft) P Port/Oil Treminal Nuclear Power Station Fishing Ports/Markets T Tourist Venue Forth Islands SPA Spacial Controls: Coastal Trail T Scottish Fisheries Museum North Channel SPA and • Small Vessel Local Nature Reserve Forth Deep Water Ramsar Site Aggregate Dredging Channel National Nature Reserve Managed Retreat (proposed) Spoil Disposal Marinas and Yacht Clubs Special Area for SAC Conservation T Ammunition Sewers (not all shown) MEHRA SAC Country Park P to Ship (proposed) Bathing Waters P

Fife Coastal Trail CLACKMANNAN- • SHIRE HARBOUR LIMIT

FIFE • P Wee Bankie STIRLING Fishing Grounds Kincardine • Cow and Calves

HARBOUR LIMIT P • T Scottish Centre • Dalgety P • P P • (National Trust for Scotand) East TDeep Sea World Coastal Trail Forth Railway Bridge P P • • T P P • Cockenzie Edinburgh & Port Seton CITY of EDINBURGH • The Firth of Forth

HE FIRTH of Forth, from Inches “We are today classifying the Firth internationally renowned capital city, Isle of May is the Firth of Forth. The Firth is in the to and of Forth as a Special Protection Area Edinburgh, overlooks the Firth from its south 96km long and covers an area of 1,670km2 T Dunbar in the east, is renowned – guaranteeing the future of the area’s and over one quarter of Scotland’s open water.  CONFLICT as an international haven for wildlife and, in astonishing array of birdlife. It is a population resides in the seven unitary As well as Edinburgh, the sixth largest In February 2004, an outline planning application was published particular, for around 200,000 waterfowl and measure of the unique natural heritage authorities with on the Firth. The Firth financial centre in Europe, a large number of to extend the central Kirkcaldy shopping area into the Firth seabirds. It consists of a dazzling complex of this country that species such as of Forth is also the busiest shipping area in cities, towns and villages line the shores of the of Forth Special Protection Area (SPA), the full Environmental of rocky shorelines, systems, sandy bar-tailed godwit, golden plover, knot Scotland, and the fourth largest port in the Forth including the university city of Stirling, Impact Assessment (EIA) followed later in the year. The proposed beaches, shingle, brackish , , and red shank can thrive alongside UK. , Leven, Kirkcaldy, Alloa and development would result in direct loss of approximately 13ha , salt marshes, underwater reefs, and bustling cities and industry…This The tidal limit at Stirling is generally Grangemouth. of the protected site – the area is of European-wide importance sea cliffs – both above and below the water. announcement will ensure that the Firth considered to mark the boundary between the For the seven local authorities of East The extensive intertidal mudflats with sea of Forth will remain one of this country’s River Forth and the Forth . The estuary Lothian, City of Edinburgh, West Lothian, for wintering wildfowl including turnstone, knot and eider grass beds and offshore craggy islands create most important areas for birdlife for runs from the tidal limit to the Queensferry Falkirk, Stirling, Clackmannanshire, and ducks. Fortunately, the proposal was objected to by RSPB a birdwatchers’ paradise for one of the largest generations to come.” bridges. Seawards of the bridges to a line Fife there is no overall planning framework, Scotland on the grounds of the adverse impact it would have congregations of waterfowl and seabirds in (Rhona Brankin, 2001, Deputy-Minister for drawn from Fifeness to Dunbar, including the although a voluntary partnership – the Forth on an internationally important bird site and was subsequently the UK. Present in internationally important Environment and Rural Affairs) Estuary Forum – brings together a wide rejected on this basis. The whole process took two and a half numbers, pink-footed geese, redshank and range of Firth of Forth interests with the years. Marine spatial planning could prevent such conflicts from shelduck overwinter in the wetlands, while Despite the importance The Firth of Forth is the aim of delivering integrated coastal zone occurring by putting in place a system to identify potential areas gannets, puffins and the rare roseate tern nest for waterfowl, seabirds and busiest shipping area in management. for development and areas which need to be protected at all offshore on Bass Rock (one of the world’s marine wildlife, the shores of the costs. largest gannet colonies), and the Isle of May Firth of Forth are subject to an Scotland, and the fourth where the largest east coast population of extremely high degree of pressure largest port in the UK grey seals produce pups on the island’s from housing and commercial shores. development. Scotland’s

  The Tangle of the Forth The Tangle of the Forth

One of the most significant activities in Port, with over 300,000 visitors in 2004, the the Forth is shipping – is the Scottish Fisheries Museum at Anstruther, Competent Harbour Authority (CHA) for the telling the story of fishing from earliest times Forth. to the present day, with nearly 22,000 visitors, The Firth of Forth is and Deep Sea World at

© Steve MORGAN/WWF-UK Steve © considered to be one of the  The Firth of Forth is the fourth with over 285,000 visitors in 2004. largest port area in the UK UK’s best dive sites is another extremely  4,700 call annually at ports Recreation important activity around the Firth of Forth. on the Forth The extensive sandy beaches, bathing waters , estuary and pier angling. No permits  Over 30 million tonnes of North and coastal walks are a magnet for tourists, or licences are required. In the Forth, flounder Sea crude oil, 3 million tonnes day-trippers, families on days out, ramblers, is caught from Kirkcaldy esplanade, cod is of liquefied gas, plus refined oil, nature lovers, and dog walkers alike. 15 of 63 targeted off breakwater, while chemical traffic and a range of other Scottish bathing water sites are recognised cod, wrasse, and conger are caught from the cargoes transit the Forth each year in the Firth of Forth, with 14 having excellent shore from Elie to St. Andrews. From boats in  The former naval dockyard water quality. Gullane Bay and privately owned the outer Firth, on rough ground it is possible

at Rosyth is an important high- Seacliff Beach, at the entrance to the Firth, to catch cod, ling, pollack, coalfish and from Scott Sue © speed ferry terminal with 192,000 are used by surfers. Popular with ramblers Dunbar octopus, cod, flounder, mackerel and passengers travelling from Rosyth to and cyclists are the East Lothian coastal trail coalfish. Zeebrugge in 2004 alone from Musselburgh to Dunbar and the John today the remaining vessels in the Forth from coal fired power stations at Longannet Muir Country Park – Scotland’s first country The Scottish fleet is  Leith is the largest enclosed, inshore fishing now concentrate on shellfish and the catch and Kincardine. As well as a significant park named after the world-famous naturalist heavily dependent on shellfish, many of which deepwater port in Scotland is largely made up of langoustine, scallops, number of urban developments and power and conservationist. Every year, admirers are exported to Europe. Two designated and lobster, with some monkfish, cod, and stations at Longannet and Kincardine (which is The Forth Navigation Service provides travel thousands of miles to visit John Muir’s shellfish waters fall within the Firth of Forth haddock. Trawls and creels are used to catch being dismantled), other developments include four radar stations based at Leith, Gullane, childhood home in Dunbar. In Fife, the – an area offshore from Fife Ness on the north langoustine, while creels are used for crab Cockenzie and (now disused) power and . Ships are directed beaches alone attract over 250,000 visitors shore and North Sea coast to Elie, and on and lobster. stations, a nuclear power station 8km south to deepwater channels to the south of a year and contribute nearly £5 million per the south shore an area offshore from North east of Dunbar at Torness, petrochemical annum to the local economy. Berwick to Dunbar. Scottish langoustine is The Firth of Forth has considerable complexes at Burntisland and Grangemouth, the most important species and one of the coastal and marine developments, a oil terminals at Hound Point and Braefoot The Firth of Forth is considered one main inshore fisheries is in the Firth of Forth. number of which have been developed on Bay, chemical production at Mossmoran, and In Fife, the beaches alone of UK’s best dive sites and divers travel Pittenweem fish market is the centre of trade former intertidal habitats. The inner Firth a range of oil and gas industry services and attract over 250,000 visitors from far afield to experience the Forth’s for the fishing fleet encompassing between Kincardine and Forth Bridges has, other manufacturing along the shores. More a year and contribute nearly underwater treasures. Scenic dives are boats from , Pittenweem, however, lost about half of its former intertidal are planned or under consideration – a new concentrated largely in the outer Firth in the Anstruther, and on the north area and so its natural coastal defences, as bridge, a new hovercraft service various urban £2.5 million per annum to waters surrounding Bass Rock (which drop shore of the Firth. Pittenweem was once an a result of land being reclaimed, partly for developments and the regeneration of derelict the local economy off to 46m), the Isle of May and a pinnacle off important white fish port, while the Forth also agriculture, but mainly for industry and the areas for housing. A further range of marine Dunbar on the south shore where octopus, supported a strong herring fishery. However large ash lagoons built to deposit the spoil developments on the Forth and the associated wolf fish, angler fish, seals and diving gannets can be seen. Wreck dives include a number Inchkeith Island to access Leith Docks and of war wrecks (ships and planes) and some CONFLICT Marine wildlife tourism to the north to travel further up the Firth to historic wrecks - many rich in marine life  Rosyth, Grangemouth or the two oil terminals. – plumose anemones, pollack and blennies. In 1993, the Braer oil tanker carrying 85,000 tonnes of crude oil ran generates over £57 Shore dives are also popular in the outer Firth, aground off the Islands. The subsequent Public Inquiry million in revenue and Tourism in the Firth of Forth provides including at Dunbar and Seacliff Harbour with recommended that the most environmentally sensitive areas of direct employment for 200,000 people, supports nearly 3,000 some magnificent underwater scenery and the UK’s coastal seas should be identified as Marine Environment generates visitor spending of more than £4 jobs wildlife. High Risk Areas (MEHRAs) to protect them from such disasters billion annually and is a rapidly growing sector, in future. After a 10 year wait, the selected MEHRAs were finally with a 43 per cent increase in the 30 years Scotland boasts a world-class boating revealed - 14 of these environmentally sensitive locations are to 2002. Tourism is the lifeblood of the Forth, and water sports environment with over 25 environmental impacts are addressed by around the Scottish coastline and three are on the Firth of Forth, with Edinburgh city and the Lothians the clubs distributed along both the north and legislation administered by the Scottish including the Isle of May, Bass Rock and Dunbar. The purpose most popular tourist destination in Scotland south shores of the Firth of Forth. The majority Executive, including exploitation of deposits in of a MEHRA is to inform ships’ masters where even greater care – one-fifth of all UK visitors and one-third of all of clubs focus on yacht and dinghy sailing or the sea such as dredged material, navigational overseas spending is in this region. The two motor boating, but kayaking and windsurfing is required than normal because of the environmental sensitivity. safety and port developments. key factors in selecting their destination cited are also popular. Most sailing clubs organise a However, despite the recognition of the threat to internationally The Crown Estate owns most of the by all visitors are the scenery and the natural considerable number of races throughout the important wildlife sites, no action has yet been taken to reduce seabed out to 12nm offshore and around 55 environment. season, often more than three times a week. the risks. At some point in the future, the Maritime & Coastguard per cent of the foreshore. In Scotland this is Many interesting tourist venues are both Port Edgar at South Queensferry is one of Agency (MCA) intends to consider a traffic separation scheme the area between mean high spring tides and based on the Forth and focus on the Forth’s Scotland’s largest sailing schools and boasts for the entrance to the Firth of Forth and additional routeing mean low spring tides. They generally grant marine environment, including the Scottish a marina with over 300 berths as well as a measures to address the risks. Marine spatial planning can leases or licences for specific activities such Seabird Centre at North Berwick and the Isle as offshore wind farms, fish farms, moorings, water sports centre. consider all types of spatial management measures including of May which had nearly 6,000 visitors in cables and pipelines and marine aggregate traffic separation schemes, areas to be avoided, preferred routes 2004. Even the little known Wemyss Cave extraction. In the Firth of Forth Westminster Scotland offers some of the finest and and no-go areas for development. prehistoric carvings had 800 visitors. Also most varied sea angling in the world – from Gravels Ltd is licensed to dredge the Middle popular are the Royal Yacht Britannia in Leith offshore and inshore boat fishing, to rocks, Bank (north of Edinburgh).

  The Tangle of the Forth The Tangle of the Forth

Coastal defences account for about 6 the seabirds, however, feed outside of the SCOTT Sue © Photos per cent of the mainland coastline, with the either in nearby waters or Inchmickery with the most extensive and continuous or semi- further afield in the North Sea. Cow & Calves continuous defences being on the inner and and estuaries, including the Forth. MORGAN/WWF-UK ©Steve While the Isle of May is an important However, no accurate record exists of the research centre for breeding seabirds, Inchmickery with the Cow & Calves and extent of coastal defences in Scotland, its waters are important too. The waters Eyebroughy are also RSPB reserves. primarily because no single organisation are designated a Special Area for Inchmickery is important for common Bass Rock eider, sandwich and roseate has responsibility for their construction, Conservation (SAC) under the EU Habitats Photos © Sue SCOTT Sue © Photos tern, while Eyebroughy is noted for its management or approval. The Fife coast has Directive. As such, it contributes to the marine “One of the twelve wildlife cormorants. Inchcolm is home to a large significant coastal retreat sites, however Fife Natura 2000 network being developed in the wonders of the world” colony of seagulls and fulmars, but is also Council has produced a coastal defence covering a somewhat larger area than the SPA NE Atlantic. It is primarily recognised for the Sir David Attenborough noted for its Augustinian Abbey. distribution map and East Lothian has or Ramsar site. largest colony on the east coast of Bass Rock, another , rises maintained maps and records of coastal In the outer Forth there are several Britain – 5,000 female grey seals pup on the to over 100m and drops off into the sea defences. In light of an anticipated possible sightings of bottlenose dolphins, porpoises shores of the Isle every autumn, producing to nearly 50m. Home to 100,000 gannets, sea level-rise, coastal defences are being and minke whales each year, and more around 1,950 seal pups each year – 5 per Bass Rock is the largest single rock reconsidered. On the Forth, a possible occasionally humpback, sperm and fin cent of the UK population and 4.7 per cent gannetry in the world and also supports CONFLICT managed realignment site has been identified whales. All cetaceans are protected under the of the EU population. The underwater reefs  thousands of guillemots, razorbills, at Bothkennar and Forth Estuary Forum’s Habitats Directive. are also important in terms of the developing Following an application by the harbour authority, Forth Ports plc, to puffins and seals. It is one of a number of “Skinflats project” is considering repositioning Essentially the Forth is recognised on marine Natura 2000 network in NW Europe. allow ship-to-ship oil transfers between vessels anchored off Methil in sites of Special Scientific Interest (SSSI) the seawall further inland, however the whole an international, European and national In addition to international sites on the the Forth, the Maritime and Coastguard Agency (MCA) recently consulted in the Firth of Forth. consents process is complex and Firth, there are a number of locally important on contingency plans covering oil spills resulting from the ship-to-ship local public concerns about flood risk sites. Bay on the south shore transfer. can be hard to address. Over 20 species of whales between Musselburgh and North Berwick was Ship-to-ship transfers of oil would increase the overall risk of oil spills and dolphins are found in declared a Local Nature Reserve (LNR) back by one third; establish a completely new location within the Firth for large In recognition of its in 1952. It consists of 575ha of , volume transfers of oil; and result in temporary storage of vast quantities nature Scottish waters conservation importance for and grassland. While on the north of mainly crude oil close to the internationally important Firth of Forth wildfowl and waders, the Firth of shore, between Kincardine and Dunfermline, wetlands and the seabird islands of the Isle of May and Bass Rock. Even a Forth has been designated a wetland is Torry Bay, declared a LNR in 1996 to small oil spill could be catastrophic to the marine environment, birdlife and © G © to the local economy in terms of tourism revenue. of international importance under the Ramsar level for its outstanding marine and coastal protect its intertidal mud and flats, salt enevieve Convention and a Special Protection Area biodiversity but the actual implementation and marsh and grassland. Concerns led many stakeholders including local authorities adjacent under the EU Birds Directive. A number of enforcement of these levels of protection is Scotland LEAPER/WWF to the Forth, Scottish Natural Heritage and conservation bodies to object. the Forth’s Islands are included together in a in practical terms virtually impossible under However, the MCA itself can only approve or require amendments to the second Special Protection Area.The waters current legislation. contingency plan and, in July 2006, announced that it intends to approve surrounding the Isle of May are a Special Isle of May Firth of Forth oil contingency plans paving the way for ship-to-ship transfer to take place. Despite the level of objection to the proposals, Area for Conservation (SAC) for its grey The Firth of Forth SPA & Ramsar An SSSI and a national nature reserve including concerns about compatibility with the Habitats Directive for seals and reefs. A further SAC, for vegetated site’s complex suite of habitats, including (NNR), the Isle of May is managed by which the Scottish Executive has responsibility, it seems that no public sea cliffs, is situated just south of the Firth extensive mudflats, salt marshes and dune Scottish Natural Heritage (SNH) and is known as the “Jewel of the Forth”. body can actually stop it. No mechanism currently exists for considering of Forth from Fast Castle Head to St Abbs. systems are of major importance for divers, A volcanic plug with cliffs rising to 50m, whether the internationally important wildlife site of the Firth of Forth is an Here a huge diversity of marine life, including sea ducks, geese, other ducks, waders and The Island of Fidra it is important for seabirds, especially appropriate place for ship-to-ship oil transfers to take place. terns during migration periods The island of Fidra, now an RSPB reserve, puffins, but the surrounding waters are A marine spatial plan for Scotland, backed by strategic environmental or through the winter. The area is thought to have been the inspiration for also designated a protected area (see regularly supports over 86,000 “” of and risk assessments, could identify the most appropriate location for The Firth of Forth is renowned below). Along with the puffins are shags, fame. It is home to guillemots, razorbills, such operations in or near to these highly congested and internationally individual waterfowl, including guillemots, razorbills, kittiwakes and terns. as an international haven for internationally important herring gulls, puffins, peregrine falcons and important waters. wildlife, in particular 200,000 populations of over-wintering kittiwakes. waterfowl and seabirds birds. Numbers of pink-footed goose, redshank, shelduck, turnstone and knot all have Identified Potential Conflicts for Isle of May SAC European significance, while soft corals, is found due to the intermingling of national (Great Britain) significance are • and building maintenance – use of helicopters / vehicles - of warm southern waters and cold Arctic red-throated diver, sandwich tern, Slavonian disturbance currents. These four protected areas within grebe, golden plover and bar-tailed godwit. • Discharges of sewage – pollution, nutrient enrichment and adjacent to the Firth of Forth contribute • Static gear – creel / pot fishing – entanglement and damage to seabed habitats to Natura 2000 - the Europe-wide network of The Firth of Forth Islands SPA includes • Boat maintenance & antifoulant use - pollution protected areas. the islands of Inchmickery and the nearby • Commercial vessels – disturbance & pollution, especially oil discharges / spills

In addition, there are a number of local Cow and Calves, Fidra, , Craigleigh, G © • Boat anchorages – scouring of habitats nature reserves (LNRs), sites of Special Bass Rock, the Isle of May, plus some smaller enevieve • Boat moorings – scouring of habitats Scientific Interest (SSSIs), local landscape islands. During the breeding season, up to • Charter / recreational vessels - disturbance MORGAN/WWF-UK Steve © LEAPER/WWF Scotland LEAPER/WWF designations (LLDs) and the Isle of May is 90,000 seabirds including, gannets, puffins, • Other recreational activities - disturbance also a National Nature Reserve (NNR). The guillemots, razorbills, shags, kittiwakes, fulmar, • Scuba diving - disturbance SSSI designations largely mirror the Ramsar herring gull, cormorant, lesser black-backed • Sea kayaking - disturbance site and SPA designations with some small gull, Arctic tern, common tern, roseate tern • Scientific research – disturbance, direct alteration / removal / or manipulation differences in extent, the Firth of Forth SSSI and sandwich tern may be present. Many of

10 11 The Tangle of the Forth The Tangle of the Forth

a clear, easily accessible mechanism for The time has come to overhaul the existing stakeholder involvement. There is an overwhelming body of legislative system for the management evidence to support the view that a new, of coastal and marine resources and to The Solution cohesive approach is needed to manage Scotland’s marine environment. One which develop a cohesive planning system for incorporates a strategic vision and a fresh the coast and sea HILE the Firth of Forth is currently responsibilities and no strategy or planning approach to coastal and marine management, the most intensively exploited framework, as there is on land, to coordinate streamlining regulation, managing conflict, © Steve MORGAN/WWF-UK Steve © W piece of Scottish coastline, it is not the uses of the sea. As we have seen, the delivering better protection for marine and dissimilar to much of the rest of the Scottish Firth of Forth provides an excellent case coastal wildlife while also delivering greater WWF Scotland along with Scottish should be answerable to Scottish coastline and coastal waters. The economy study to illustrate some of these management opportunity and certainty for sustainable Environment LINK’s Marine Task Force1 is Ministers, with its own budget and complexities and conflicts. development and activities. of the Firth of Forth, and of most Scottish calling for the Scottish Executive to introduce responsible for overseeing strategic coastal communities, is heavily dependent A voluntary, non-statutory or partnership a comprehensive Marine Act for Scotland, and spatial planning of devolved on the resources and services provided by Marine spatial planning is a way approach in Scotland, a country with a great which can deliver an ecosystem approach activities in Scottish waters in close the marine environment – shipping, tourism, of improving decision-making, planning dependence on its marine resources, to through cohesive and integrated management co-ordination with the UK MMO recreation, fishing, energy production, waste and spatial coherence in managing marine achieve these needs will not be sufficient of the coastal and marine environment, activities. It is a tool which, when based and will inevitably suffer from the failings disposal, etc. A multitude of government including marine spatial planning. Such a Establish a Scottish bodies and agencies have responsibilities, on strategic assessment of ecological that characterise partnership approaches,  Marine Act could: representative network of marine yet there is no single body with oversight of and socio-economic resources, facilitates including poor strategic vision, unstable and protected areas, selected on the area or with responsibility for inadequate funding/resources, weak Establish a marine spatial  biodiversity conservation grounds delivering sustainable development, management and enforcement planning system in Scotland’s and managed according to including nature conservation, for structures, and the absence of territorial waters. Such a system There is an overwhelming body their ecological needs including the Forth. The legislative framework monitoring or review mechanisms. would be based on sustainable is equally complex, with international of evidence to support the view The UK government has already protection for nationally important

development, regional seas MORGAN/WWF-UK Steve © commitment, European directives committed itself to bringing forward marine species and habitats that a new cohesive approach management and an ecosystem- and regulations, Westminster proposals for a UK Marine Bill approach, and be delivered through regulations and Scots law all to be is needed to manage Scotland’s that will introduce within its area  Deliver legislation to achieve a comprehensive system of legally- delivered. marine environment – of responsibility a new framework wider protection of marine species binding plans and habitats outwith marine Many changes are underway, a Marine Act for Scotland for the sea, based on marine with declines in some sectors spatial planning, that balances protected areas Set out a requirement for Marine such as heavy industry and white conservation, energy and resource  Ecosystem Objectives, to assist fish fisheries but at the same time needs. Whilst the UK Bill will Scotland’s economic well-being the delivery of the ecosystem expansion of other sectors such as tourism integrated, forward-looking and consistent address the management of activities and is underpinned by its extensive approach to marine management by and recreation, and new sectors such as decision-making. Inevitably whilst many marine developments within Scotland’s territorial marine resources. Through an waters that fall within reserved powers, measuring the success of policies offshore renewable energy opening up. The activities will spatially overlap, marine spatial ecosystem approach to its future long-term future of the Forth, and indeed the planning can help minimize conflicts of use, action is needed by the Scottish Executive and projects according to the health management, involving marine whole of Scotland’s coast and coastal waters, maximise synergies and help address the to address devolved areas of responsibility. of the natural environment spatial planning and protection of can only be secured through careful and resultant cumulative ecosystem effects of A Marine Act for Scotland would safeguard marine wildlife, a healthy future will responsible use and management across all such impacts. It can safeguard ecological Scotland’s seas and avoid them becoming  Establish a lead Scottish sectors. processes and overall resilience, to ensure vulnerable to overexploitation. Importantly, decision-making ‘body’ or affiliated be ensured for Scotland’s seas for © Steve MORGAN/WWF-UK Steve © Scotland needs healthy coasts and the environment has the capacity to support from an economic perspective, without counterpart of the UK Marine future generations. seas. Its economy relies heavily on the many social and economic benefits into the future. such action it is possible that development Management Organisation. This industries and activities, which take place It also provides a framework for responding opportunities could move to coastal areas 1 around its coasts. However, the true impact of to new and emerging sectors and providing where there is certainty and stability. Scottish Environment Link’s Marine Task Force members: Hebridean Whale and Dolphin Trust, RSPB Scotland, Marine Conservation Society, National Trust for Scotland, Scottish Wildlife Trust and WWF Scotland. our use of the coastal and marine resource is only now becoming apparent. Many habitats and wildlife populations are in decline, and have been for many years, fish stocks have collapsed and climatic changes are being experienced which are compounding the existing problems. Much of the problem lies in the way we manage the coastal and marine environment. Laws have evolved to favour exploitation of resources, with conservation a late and inadequate add-on. New uses of the marine © Steve MORGAN/WWF-UK Steve © © Steve MORGAN/WWF-UK Steve © environment are coming on-stream with space PESCOD/WWF-UK Claire © in crowded waters already at a premium. In addition, the seas are governed to a varying extent by a complexity of international, European, UK and Scots law. There is a tangle of legislation, with confusion over

12 13 The mission of WWF is to stop the degradation of the planet’s natural environment and to build a future in which humans live in harmony with nature, by:  conserving the world’s biological diversity  ensuring that the use of renewable natural resources is sustainable  reducing pollution and wasteful consumption

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For more information contact: WWF Scotland Little Dunkeld Dunkeld Perthshire PH8 0AD t: 01350 728200 f: 01350 728201 wwf.org.uk/scotland

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