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Across the waters Implementation of the UK Marine and Coastal Access Act and devolved marine legislation: cross-border case studies December 2009 The North Channel Front cover image: © RSPB This case study forms part of the Across the Waters series prepared for Wildlife and Countryside Link, Scottish Environment LINK, Northern Ireland Marine Task Force and Wales Environment Link. It was funded by the Esmée Fairbairn Foundation and The Tubney Charitable Trust. Heather Ritchie and Geraint Ellis Queen’s University Belfast School of Planning, Architecture and Civil Engineering David Keir Building Stranmillis Road Belfast BT9 5AG G. Ellis – Tel: 02890 97 4730 Email: [email protected] Across the waters New marine legislation is being introduced throughout the UK that will require coordinated implementation to achieve a consistent and coherent approach. The Across the Waters project aims to raise issues and concerns from local stakeholders and highlight recommendations for managing the UK marine environment in cross-border areas. This report is one of a series of three. It focuses on the North Channel and the perspectives of the shipping and conservation sectors. The site boundaries of the North Channel were identified by incorporating as wide and representative an area as possible. The authors obtained the views of 12 stakeholders through a mixture of face-to-face and telephone semi-structured interviews. The interviews formed the basis of the report and were used to create a series of recommendations for cross-border working. For the purpose of this report the term ‘cross-border’ mainly refers to the internal UK border between Northern Ireland and Scotland. The other two reports in the series investigate the Solway Firth and the Severn Estuary and Bristol Channel. 3 New marine legislation © Jiri REZAC / WWF-UK This is an exciting time for the management of North Channel: a shipping perspective our marine environment. Legislation has been The North Channel is the stretch of water produced that will attempt to modernise, separating Scotland and Northern Ireland . streamline and improve protection of our marine The upper boundary for this project is between environment. The UK Marine and Coastal Access Benbane Head on Northern Ireland’s north coast Act (hereafter referred to as the Marine Act) and Portnahaven, Isle of Islay in western Scotland received Royal Assent in November 2009. It is (a distance of 47km). The lower boundary is important to note that timetables driving the between Donaghadee and the Mull of Galloway processes of creating marine legislation are (41km). The narrowest part of the North Channel different throughout the UK. In Scotland, the is just 23km, from Fair Head to the Mull of Kintyre. Marine (Scotland) Bill was introduced to the Scottish Parliament on 29 April 2009 for its first Rathlin Island, near the upper boundary, is 9.6km reading and the deadline for completion of the first from Northern Ireland and 25km from the Mull of stage of the legislative process is 30 October Kintyre. It is the only populated offshore island 2009. In Northern Ireland, the legislative process (around 100 inhabitants) within Northern Ireland is much slower, with consultation on the policy and within the site boundaries of the North proposals not expected to take place until April Channel. Under the EU Marine Strategy 2010, and legislation to be in place by 2012. The Framework Directive (2008/56/EC) the North Northern Ireland primary legislation will deliver Channel is part of the OSPAR area known as the functions such as marine planning and marine Celtic Seas (Region III, OSPAR Commission). conservation, as these are devolved matters. The North Channel is one of the principal maritime The UK Marine Act will not deliver these things gateways of the UK, contributing to the European for Northern Ireland’s waters. Spatial Development Perspectives’ (ESDP, 1999) This report assesses the implications of new Trans European Networks (TENs). It links Ireland marine legislation coming in the form of the UK to Scotland, England and beyond to Europe, and Marine Act, Scottish and Northern Ireland Marine incorporates both Northern Ireland’s busiest port Bills, with a particular focus on marine planning in (Belfast) and Scotland’s third-largest port the North Channel between Scotland and (Clydeport). Both ports are highly significant as Northern Ireland. This area of sea is particularly west coast intercontinental and Atlantic facing diverse in terms of socio-economic activities, port operators and have well over 250 shipping ranging from concentrated and intensive routes between them. navigation to many different types of fishing and The ports of Belfast and Larne offer year-round aquaculture, communications and cabling, ferry crossings to Troon, Stranraer and Cairnryan aggregate dredging and tourism. in Scotland, and in the summer there are sailings Against this backdrop, plans are being considered to the Isle of Man and Heysham. Annually, over to develop marine renewable energy installations 1.2 million passengers and 300,000 cars are across the area, as well as under-sea carbon transported across this body of water, and half storage facilities. So the North Channel will be an a million freight units are imported into the port incredibly busy maritime area of the UK and of Belfast. The port receives 60% of Northern marine plans will be needed. Conflicts may arise Ireland’s seaborne trade. if those marine plans are not comprehensive and integrated. This report focuses on the cross-border planning issues that would affect navigation, shipping and conservation. But many of the issues identified will apply equally to all marine sectors operating in the North Channel. 4 Over half of Northern Ireland’s wildlife lives in and around the seas of the North Channel, with around 4,000 species being recorded. Described as the international gateway to Other key ports in Northern Ireland include Scotland’s industrial heartland, Clydeport is four Cushendall for fishing, aquaculture and tourist port facilities in one, and the controlling port pleasure cruises, and Ballycastle, which provides authority for 1,165 sq km of the Clyde. Together, year-round ferry crossings to Rathlin Island, and the four locations of Hunterston, Greenock, King summer crossings to Campbeltown, Kintyre. George V Dock in Glasgow and Ardrossan handle In Scotland, there are regular island crossings more than 12 million tonnes of cargo a year. from Ardrossan to Arran and crossings from Kennacraig to the Isle of Islay. There is also a large The ports of Belfast and Clydeport are highly volume of recreational sailing activity within the significant within the North Channel, and both are North Channel, particularly in the summer. set to expand in the future, establishing themselves as popular ports of call for cruise ships North Channel: and attracting more container ships and foreign a conservation perspective retail trade. The increased ferry vessel movements The coastal fringes of the North Channel are highly across the North Channel, development and significant and important areas for much of expansion of ports, and deepening of channels Northern Ireland’s and western Scotland’s marine and berths for access and accommodation may wildlife and conservation. With high rates of increase the risks of marine accidents. productivity and exceptional quality, over half of Northern Ireland’s wildlife lives in and around the seas of the North Channel, with around 4,000 species being recorded. These include rare or declining species such as the fan shell, harbour porpoise, and maerl and seagrass beds (Saville and Hutchinson, 2006). Western Scotland has over 800 islands. The seas around them contain a wealth of marine biodiversity, being home to over KEY 5,000 species including corals, Atlantic salmon, SACS whales and dolphins. Ferry Route Both sides of the channel are of international Site Boundary importance in terms of the numbers of breeding seabirds, such as puffins, guillemots and razorbills, and wintering shorebirds (Symes and Islay Portnahaven AArdrossen Ridgway, 2003). There are two marine Special Areas of Conservation (SACs) on the Northern Trooon Ireland side of the Channel – much of the North Arran Antrim coast and Rathlin Island. There are also 16 marine SACs in western Scotland, although Campbeltowneltown none of them fall within the North Channel project Rathlin Island site itself. These have been designated under the Benbane Head EC Habitats Directive (92/43/EEC). Red Bay, Cushendall has been put forward as a candidate SAC to the EU for implementation next year (NIEA Biodiversity Implementation Plan, 2009-2012) and there are more potential SACs being explored on both sides of the Channel. 5 Stakeholder views on the implications of the marine legislation © RSPB Even though the aims of shipping and navigation Shipping and navigation could conflict with those of conservation, there sector perspective appears to be a level of consensus over the Shipping and navigation appear to generate potential implications of the respective UK Act relatively few concerns in relation to the UK Marine and Scottish and Northern Ireland Bills. In general, Act. Representatives stated that while their sector both sectors welcome the legislation and see is of major value to the UK economy, the Act could a definite need for marine planning in the area. only add to their safety at sea – their prime Consequently, marine plans were highlighted concern. They noted that the most positive as a major output of both the Act and Bills. implication of the Marine Act for them would be Stakeholders also welcomed the proposed the creation of marine plans, as these would streamlined approach to licensing that should provide guidance and certainty to developers, result in a single licence for each activity, along particularly for marine renewable technologies, with the new tools to protect marine biodiversity and they had the potential to better separate (Marine Conservation Zones). marine activity through zoning.