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Scottish Marine Planning process: Regulatory approaches to implementation Andronikos Kafas, Ian Davies, and Matt Gubbins Marine management in

Marine Scotland (SG Directorate)

Science

Planning & Policy

Performance &

Fisheries

Compliance & IT

. The lead Marine Management Organisation in Scotland Outline

 Marine Planning in Scotland  Sectoral Marine Planning  Scoping Areas of Search  Draft Plan Options  Cross-border Maritime Spatial Planning in the North Sea National drivers & legislation Competition for space A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning Marine (Scotland) Act 2010

European drivers

European MSP Directive -fits Scottish approach

Marine Strategy Framework Directive -regional scale -Descriptors of Good Environmental Status -leads to measures Marine Planning in Scotland

Marine (Scotland) Act 2010 Legislative framework for marine Coastal Access Act 2009 planning in Scotland’s offshore area

National Marine Plan Regional Marine Plans Sectoral Marine Plans

. Sets out the legislative and . Address specific issues . Progressed within the broader regulatory framework for within a smaller area context of NMP the development of . Allows for local ownership . Complement both NMP and statutory plans and local decision-making RMPs . Proposes the strategic . Directed by NMP objectives . Provision of relevant information policies for sustainable use and policies & assessment on strategic spatial of Scottish marine locations resources out to 200nm . In this case, suitable to progress the development of commercial scale offshore renewable energy National Marine Planning Tiered planning

England Scotland UK Marine Policy Statement UK Marine Policy Statement

National Marine Plan

Marine Plans (Regional) Regional Plans

(East inshore and offshore) Shetland and Clyde (South inshore and offshore) Scotland’s Ambition Achieve Good Environmental Status by 2020

Conservation Oil and Gas Sustainably manage our seas Sustain approx 200,000 using a three pillar approach. Scottish jobs in the industry.. Aquaculture Wild and Increase finfish production Fishing freshwater by 50% and shellfish Fish all stocks at Maximum Sustainably manage and production by 100% by Sustainable Yield, identify priority areas. 2020. sustaining stocks, the industry and coastal communities. Tourism and Water and Coastal issues Recreation Renewables Protect the coast against Enhance and develop Have 10 Giga Watts of change and flooding; capacity by 2020 in opportunities for marine safeguard water resources recreation. place and under and improve wastewater construction. quality. Transport Ports Deliver lifeline services and protect Ensure facilities are the £1.5 bn contribution of Scotland’s available to support ports to the Scottish economy. renewables and lifeline services. Marine Planning

• Promote sustainable development and use of marine resources

• Manage conflict in the marine environment and inform decision making

• Set a future vision and objectives

• Contribute to the delivery of Good Environmental Status • Land/sea interactions • A participative process • A spatial approach • An ecosystem based approach Planning Scotland’s Seas Consultation

Draft National Marine Plan Marine Protected Areas Network (& List of Priority Marine Features) Sectoral Marine Plans for Offshore Renewable Energy Terrestrial/marine planning circular

Consultation closed Nov 2013 MPAs adopted July 2014 NMP adopted March 2015 Scottish National Marine Plan

• Conformity with UK Marine Policy Statement • Assess condition, pressures and impacts • Policies for sustainable development • Ecosystem, socio-economic and climate change objectives • Coherent with terrestrial plans • Public participation, consultation, investigation, review • Parliamentary scrutiny Scottish National Marine Plan

• Informed by Marine Atlas & Sustainability Appraisal • High level and sector specific objectives • General policies for sustainable development and use • Sector specific policies • Spatial aspects – focussed on MPAs, renewables • Regional policies • Future sections Scottish National Marine Plan: Approach

General policies: economic/social benefit, community impact, co- location, integration with other plans, evidence base, nature conservation, historic environment, landscape, air quality, noise, coastal processes/flooding, water quality, climate change

Sectors:  Fisheries, Aquaculture, Wild Salmon & Migratory Fish  Oil & Gas, Carbon Capture and Storage, Offshore Renewable Energy  Recreation and Tourism  Transport  Telecommunication Cables  Defence  Aggregates Scottish National Marine Plan: Objectives & Policies Objectives: economic, social, marine ecosystem and climate change

Policies:  Spatial where required/possible/desirable – MPAs, renewables, aquaculture  Conditions for sustainable economic growth  Interactions with other users  Living within environmental limits  Climate change  Can a planning policy help? Sectoral Marine Planning Marine Scotland’s roles in renewable energy

Institutional reform

Planning authority Licensing authority

Science support Marine Renewable energy technologies in Scotland Marine Renewable Energy in Scotland

Policy Targets  Harvest Scotland’s huge marine resource potential  Meet 100% electricity demand by 2020

© Scottish Renewables

19 © The Crown Estate; March 2014 Marine Renewable Energy in Scotland

Facts

© Scottish Renewables

17 20 © The Crown Estate; March 2014 Sectoral Marine Planning

Why Sectoral Marine Planning? ‘Proportionate’ Licensing  Identify strategic opportunities,  Identify key strategic issues for constraints, and measures for consideration at the project level mitigation  Enhance the framework in which consenting recommendations can be made to Scottish Ministers Blue Seas Green Energy (2011)

 6 projects at 1. Scoping 4. Assess Areas licensing stage  25 Medium- (late 2011 – early 2012) (Draft SMP published July 2013) term areas of 3. Refine Areas 6. Finalise Areas search (Jan 2013) (Early 2014)

2. Consultation 5. Statutory (Aug 2012) Consultation 7. Adopt Areas (Completed Nov 2013) (Present) 6 Sectoral Marine Planning process

Stage 1 – Scoping  Constraint & opportunity mapping using The Crown Estate’s Marine Resource System (MaRS)

Environmental Theme

Industrial Theme

Socio-cultural theme Scoping areas of search Sectoral Marine Planning process

Stage 1 – Scoping  Output - Scoping Areas of Search

Offshore wind Wave Tidal Sectoral Marine Planning process

Stage 2 – Plan options identification

 Draft Initial Plan Framework  Draft Regional Locational Guidance

 Pre-statutory consultation

 Initial Plan Framework Sectoral Marine Planning process

Stage 3a – Sustainability Appraisal

 Strategic Environmental Assessment  Socio-economic assessment  Habitats Regulations Appraisal

 Sustainability Appraisal Report Sectoral Marine Planning process

Stage 3b – Draft Plan

 Key findings from sustainability appraisal report inform the development of the draft plan  Outcomes of RLGs to inform options within Draft Plans

13 Sectoral Marine Planning

Draft Plan Options Sectoral Marine Planning process

Stage 4 – Consultation

 Regional and Sectoral Consultation on draft Plan and Assessments  Consultation Analysis

15 Sectoral Marine Planning process

Stage 5 – Plan adoption & publication

 Final Plan and adoption  Post Adoption Statement  Appropriate Assessment

16 Scoping areas of search

Offshore wind Wave Tidal Plan options Potential T&D Deepwater Locations INTERREG VB 2014-2020 North Sea Region Programme NorthSEE: A North Sea Perspective on Shipping, Energy and Environment Aspects in MSP

Budget: € 4.05 million Duration: 3 years Start date: April 2016 Project Duration: April 2016 – March 2019 (+6 months extension i.e. Sep ‘19)

1) Develop a multi-level MSP coordination framework across the NSR 2) Develop an information and planning platform to share evidence for MSP 3) Increase stakeholders participation in transnational MSP 4) Transnational coherence in Shipping, Environment, and Energy INTERREG VB 2014-2020 North Sea Region Programme NorthSEE: A North Sea Perspective on Shipping, Energy and Environment Aspects in MSP

Thematic National Public authority project partner competence 1. German Federal Maritime and Hydrographic Agency (Leader) German MSP authority

2. Dutch Ministry of Infrastructure and the Environment Dutch MSP authority

Belgian Ministry of Environment (Belgian Federal Government Belgian MSP authority 3. Service for Mobility Director General Maritime Transport) (intermediary) 4. (Marine Scotland) Scottish MSP authority

5. Norwegian Ministry of Climate and Environment Norwegian MSP authority

6. Swedish Agency for Marine and Water Management Swedish MSP authority Danish MSP authority 7. Danish Ministry of Environment (Aalborg University) (intermediary)

+ Higher education and research project partners: Aalborg University (Denmark), Carl von Ossietzky University of Oldenburg (Germany), World Maritime University (Sweden), NHTV University of Applied Sciences (Netherlands), Institute of Marine Research (Norway), Norwegian (Norway), University of (Scotland)

+ Regional public authority project partners: Province of Noord-Holland (Netherlands) INTERREG VB 2014-2020 North Sea Region Programme NorthSEE: A North Sea Perspective on Shipping, Energy and Environment Aspects in MSP Links to UN ECE SDG Workshop

Technical guidance on:

1. Data interoperability and availability – INSPIRE 2. Stakeholder engagement 3. Assessment methodologies (SEAs, CIAs) 4. Plan Monitoring & Evaluation 5. Cross-border planning & identify significant trans-national issues

Ehler, Charles, and Fanny Douvere. Marine Spatial Planning: a step-by-step approach toward ecosystem-based management. Intergovernmental Oceanographic Commission and Man and the Biosphere Programme. IOC Manual and Guides No. 53, ICAM Dossier No. 6. Paris: UNESCO. 2009 (English).

Ehler, Charles; A Guide to Evaluating Marine Spatial Plans, Paris, UNESCO, 2014. IOC Manuals and Guides, 70; ICAM Dossier 8 Andronikos Kafas ([email protected]) Marine Renewable Energy Scientist

Dr. Ian Davies ([email protected]) Renewables & Energy Programme Manager

Dr. Matt Gubbins ([email protected]) Planning and Environmental Advice Programme Manager

Marine Laboratory, 375 Victoria Road, Aberdeen, AB11 9DB, United Kingdom

Website: www.gov.scot/marinescotland News: Marine Scotland Blog – Renewable Energy Data: google search National Marine Interactive Offshore Renewable Energy Planning Webpage: http://www.scotland.gov.uk/Topics/marine/marineenergy/Planning Thank you!