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Response to the Scottish Government Consultation on the Management of Inshore Special Areas of Conservation and Marine Protected Areas

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Response to the Scottish Government Consultation on the Management of Inshore Special Areas of Conservation and Marine Protected Areas Ch F-X ang PD e LINK Consultation Response January 2015 w e w Click to buy NOW! r w a .tr ftw acker-so Response to the Scottish Government Consultation on the management of inshore Special Areas of Conservation and Marine Protected Areas by the Scottish Environment LINK Marine Taskforce Summary · LINK members support environmentally sustainable fisheries and a transition to more sustainable levels and methods of fishing. We contend that a well-managed network of MPAs will deliver secondary long-term benefits for all fishermen working in the Scottish fishing industry, due to: § ecological recovery: of wider marine ecosystems and some fisheries both within and beyond MPA boundaries § positive displacement: via the movement of sustainable (well-managed) levels of fishing into areas which previously could not support economically-viable fisheries · LINK members are disappointed with many of the management measures proposed, for the MPAs and SACs in this consultation, and are concerned that many are insufficient to achieve the conservation objectives and contribute to wider ecosystem enhancement. · LINK supports the consideration of protected features most at risk from (primarily) mobile demersal fishing activities in this first tranche of management measures, but insist that additional measures for other activities are needed in order to achieve the conservation objectives. · LINK supports the application of sound science to identify the sites and the process by which the proposed management measures have been determined. However, where data is lacking and/or confidence is low, some of the proposed approaches are not sufficiently precautionary and may in some cases undermine site integrity. · Statutory management measures chosen for a site must be underpinned by the ecosystem approach, providing the best chance to conserve/enhance the protected features, to secure the ecosystem services the features deliver for wider ecosystem health and to ensure overall site integrity. · LINK members are concerned that some management options will not deliver site integrity, as recently defined by the Court of Justice in the European Union1. A crucial ruling we support is that characteristics of the site connected to the designated features, and not just the features themselves, should also be preserved. This ecosystem-based principle should also apply to nature conservation MPAs. · A serious re-appraisal is needed for those protected features whose conservation status has been highlighted by authoritative reviewers (e.g. IUCN Red List) as a concern, in some cases notwithstanding of its conservation objective. Where a species or habitat is endangered or 1 The CJEU ‘Sweetman Ruling’ stated that site protection should involve ‘the lasting preservation of the constitutive characteristics of the site concerned that are connected to the presence of a priority natural habitat whose preservation was the objective justifying the designation of that site’ 1 Ch F-X ang PD e LINK Consultation Response January 2015 w e w Click to buy NOW! r w a .tr ftw acker-so declining, its conservation must be given priority ahead of damaging anthropogenic activities in line with the Sandford Principle2. · LINK maintain that certain features should have conservation objectives of ‘recover’ rather than ‘conserve’ (e.g. common skate and fan mussel aggregations) and/or that some (e.g. ‘northern featherstar aggregations’ and ‘kelp and seaweed communities on sublittoral sediment’) should have advice set to ‘remove/avoid’ mobile demersal fishing pressure rather than ‘reduce/limit’. · We fully support the proposed site-wide prohibition of mobile demersal fishing gear in the following sites: § Treshnish Isles SAC (approach 1) § Loch Creran ncMPA/SAC (approach 2) § Luce Bay SAC (approach 1) § East Mingulay SAC (approach 2) § Loch Laxford SAC § St. Kilda SAC § Noss Head ncMPA § Wyre and Rousay ncMPA § Sanday SAC · We do not support any of the proposed management approaches in the following sites: § Loch Sween ncMPA § South Arran ncMPA § Upper Loch Fyne and Loch Goil ncMPA § Lochs Duich, Long and Alsh SAC and ncMPA We do not agree that the proposed measures will adequately support the conservation and recovery of the species and habitats to be protected, and instead are calling for site-wide prohibition of mobile demersal fishing gear in these protected areas. · We do not agree that the proposed management approaches in the five sites below will adequately support the conservation and recovery of the features to be protected, instead are calling for a greater reduction of mobile demersal fishing gear than any of the options presented for these protected areas: § Loch Sunart to the Sound of Jura ncMPA (including Loch Sunart ncMPA and Loch Sunart SAC) § Small Isles ncMPA § Wester Ross ncMPA · Monitoring is key to assessing appropriate application of the management measures within the sites, progress where recovery is the ambition, and, ultimately, ensuring the conservation objectives of the sites are met. · A monitoring strategy should be developed and a programme should commence upon formal adoption of the statutory management measures in order to build up a baseline of scientific data against which future change can be measured. 2 "National Park Authorities can do much to reconcile public enjoyment with the preservation of natural beauty by good planning and management and the main emphasis must continue to be on this approach wherever possible. But even so, there will be situations where the two purposes are irreconcilable... Where this happens, priority must be given to the conservation of natural beauty." Sandford, Lord (1974). Report of the National Parks Policy Review Committee. (Sandford Report). London: HMSO. 2 Ch F-X ang PD e LINK Consultation Response January 2015 w e w Click to buy NOW! r w a .tr ftw acker-so · Promoting a culture of compliance is vital to ensure that management measures are adhered to, but the Scottish Government must provide sufficient resources to successfully monitor and, where necessary, ensure compliance from restricted marine activities within the sites. Introduction Scottish Environment LINK is the forum for Scotland's voluntary environment community, with over 30 member bodies representing a broad spectrum of environmental interests with the common goal of contributing to a more environmentally sustainable society. Its member bodies represent a wide community of environmental interest, sharing the common goal of contributing to a more sustainable society. LINK provides a forum for these organizations, enabling informed debate, assisting co-operation within the voluntary sector, and acting as a strong voice for this community in communications with decision-makers in Government and its agencies, Parliaments, the civic sector, the media and with the public. Acting at local, national and international levels, LINK aims to ensure that the environmental community participates in the development of policy and legislation affecting Scotland. LINK members welcome the opportunity to comment on this consultation: SAC and MPA Management Public Consultation 2014. 3 Ch F-X ang PD e LINK Consultation Response January 2015 w e w Click to buy NOW! r w a .tr ftw acker-so Consultation on the management of inshore Special Areas of Conservation and Marine Protected Areas General comments LINK members fully support the designation and effective management of Nature Conservation Marine Protected Areas (ncMPAs) and Special Areas of Conservation (SACs) in Scottish seas. The emerging network of marine protected areas is an historic opportunity to help reverse the declining health of our marine environment, improve the goods and services our marine ecosystem provides and make a significant contribution to the long-term resilience of Scotland’s coastal communities. All the designated sites require ambitious protection measures to help secure sustainable stewardship of our seas and the delivery of ecosystem services for the public benefit in perpetuity. Management of Scottish ncMPAs and SACs must reduce the anthropogenic impact on marine habitats and species, many of which Scotland’s Marine Atlas3 clearly shows are in a depleted condition. These fisheries management measures must properly protect and, where appropriate, enhance the health of Priority Marine Features (PMFs), help contribute to wider ecosystem enhancement and play a role in the transition toward more sustainable levels and methods of fishing effort. The following general comments apply to all the sites for which management measures have been proposed in this public consultation. Sound science and the ecosystem approach Scotland has risen to the challenge of European and domestic commitments to marine conservation legislation and is becoming a prominent participant at a global level. Both ncMPAs (under the Marine (Scotland) Act 2010 and the Marine and Coastal Access Act 2009) and marine SACs (EU Habitats Directive) are designed specifically for nature conservation purposes, therefore management measures should be explicitly underpinned by sound science and the ecosystem approach. Where sound science is not available, or of low confidence, the precautionary principle must act as the basis for management decisions, to reduce the risk of environmental impacts that may further damage the protected features or compromise the achievement of conservation objectives for the site. In this context, LINK also still has concerns about the rationale for feature- rather than site-led protection. Paragraph 83(b)(iv)
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