www.defra.gov.uk Marine Species Protection: A review of risk and considerations for improvement Building the evidence base for the Marine Bill December 2006 Marine Species Protection: A review of risk and considerations for improvement CRO354 Living Land and Seas Science Division Krystal Hemingway, Nicholas Cutts, Suzanne Boyes, James Allen, Michael Elliott and Susan Travers Institute of Estuarine & Coastal Studies University of Hull Cottingham Road Hull HU6 7RX Disclaimer: The content of this report does not necessarily reflect the views of Defra, nor is Defra liable for the accuracy of information provided, or responsible for any use of the reports content. Executive Summary The UK Government is committed to introducing a Marine Bill to help to deliver the vision of ‘clean, healthy, safe, productive and biologically diverse ocean and seas’. To assist in building the evidence base on the need for new policy in the marine environment, Defra commissioned the Institute of Estuarine and Coastal Studies (IECS) to undertake a review of marine species considered vulnerable to human activities which do not have existing protection, and to recommend approaches to achieve protection, considering alternatives to regulation first (CRO534). This review and assessment comprised the completion of a literature review and consultation exercise with key stakeholders to collate information on key marine species currently not afforded species protection, and the assessment of species groups considered to be vulnerable to human activities, together with recommendations for their protection. An assessment of actual threats was not possible as part of this review due to a paucity of available information. Although extensive consultation regarding specific threats to the conservation of marine species has been undertaken both as part of this review and the wider Marine Bill consultation, no evidence was presented other than in anecdotal form. As such, the assessment employed of species protection requirements for this report has been undertaken using a theoretical vulnerability approach based on the lifestyle and threats to niche groups. The purpose of this study was not to evaluate the whole range of marine species in UK waters or produce an exhaustive individual marine species list. The aim was rather to choose species groups which were representative of all species thought to require protection, with examples chosen from each of these groups in order to encompass the widest range of ecological niches. Human activities in the marine environment were then identified and the sensitivities of the species to a given set of human-mediated environmental factors (physical, chemical & biological parameters) determined. Key groups were therefore generated based on a broad niche approach, and using sensitivity/vulnerability values. Analysis was subsequently undertaken whereby ecological niche combinations (species groups) were identified using a series of criteria including intertidal or subtidal habitat, different types of seabed and type of feeding strategy, with sensitivity/vulnerability values ascribed to these. Human activities in the marine environment were characterised and the sensitivities of key species groups to a given set of human-mediated environmental factors (physical, chemical & biological parameters) determined through the development of sensitivity matrices. Management (and protection) options were identified for groups, along habitat and species protection approaches. Whilst some human activities disrupt structure and functioning of habitats and thus biodiversity, others significantly change habitats, species and communities. A damaged habitat may recover its functioning but not its diversity, and methods need to be in place to identify and address this loss. The methods employed within the review allow for a flexibility of approach for species protection, this being derived from either the determination of environmental requirements of a species/habitat to maintain function and diversity, or the identification of activities likely to be a threat to the species/habitat. i The findings of the review indicated that fundamentally, species are at risk from one or both of only two main pressures: either a loss of habitat (which includes space) and/or modification to that habitat, or because they or their prey are being taken as target or non-target species by fisheries. Species protection resulting from the application of these two main pressures is currently undertaken through a series of mechanisms including voluntary, area-based protection, sectoral controls and wider marine management (which includes licensing regimes). The use of these measures for the protection of species is discussed. The report identified the Ecosystem Approach as being a useful basis to species protection, as it integrates ecological aspects within a social, political, administrative and legislative framework. Based on this, it is necessary to control certain damaging activities within the marine environment to protect the functioning of a habitat, physical attributes and food supply, i.e. maintaining the natural physical, chemical and biological characteristics and functioning of the habitat. A ‘toolbox’ approach with a variety of measures available to address specific issues/problems in pursuing sustainable species/habitat management was recommended as part of this assessment. The review concluded that an area-based approach would usually be the ‘best’ mechanism for protecting sedentary species and habitats. The approach centres around the maintenance of level 1 and 2 processes and as such, allows the protection of species or habitats within the area and can focuses on the protection of a species at a particular stage of its life-cycle (e.g. spawning, nursery) or species assemblage. A sectoral based approach was found to be the most suitable form of protection for mobile marine species. Such an approach could be targeted through more species specific management measures, including restrictions to activities and closed areas either in a local or national context. This mechanism should be specifically used to ensure better regulation of fishing gears to avoid bycatch and disturbance of seabed communities. Area-based measures (which include MPAs) were considered to provide the most suitable form of protection for species and habitats in the marine environment, in particular those considered sedentary or sessile in nature. The need for legislative species protection was considered extremely limited and would only apply to species at particular risk from capture or killing which cannot be adequately protected through sectoral/spatial controls. In particular this may apply to some mobile species that are unintentional bycatch and require extensive areas that are of importance for several key life stages. Its important to note, that legislative species protection alone does not ensure species will be effectively protected, but a combination of sectoral and spatial planning measures are required. Where legislative species protection is the most suitable mechanism, regard should also be given to legally controlling the sale of protected species where they have been collected unintentionally and to the prevention of damage to habitats or locations which are important to a protected species for part of its lifecycle. ii In order to limit the requirement for scheduling individual species or habitats within the proposed Marine Bill, a flexible list based approach could be adopted whereby species requiring protection are included within a published list which can be amended at any time by regulatory authorities depending on their current conservation status. iii Contents Executive Summary i Chapter 1 - Introduction 1 1.1 Project Background 1 1.2 Aims & Objectives 2 1.3 Scope 3 1.4 Report Structure 3 Chapter 2 - Adopted Approach 4 2.1 Literature Review 4 2.2 Consultations 4 2.2.1 Defra Marine Bill Consultation 4 2.2.2 IECS Consultation & Questionnaire 5 2.2.3 Stakeholder Workshop 6 2.3 Selection of Species and/or Groups Considered to be at Risk 6 2.3.1 Identification of Species Groups 7 2.3.2 Activity Identification 7 2.3.3 Environmental Sensitivity Identification 9 2.3.4 Assessment of Approaches to Species Protection 10 Chapter 3 - Unprotected Species Analysis 14 3.1 Consultation Responses 14 3.1.1 General 14 3.1.2 Species Identified as being at Risk 14 3.2 Assessment of Representative Species Groups 16 Chapter 4 - Approaches to Species Protection 21 4.1 Voluntary Approaches 21 4.2 Sectoral Regulation 23 4.3 Area-based Mechanisms 26 4.4 Wider Marine Management 27 4.5 Legislative Species Protection 28 4.6 Other Mechanisms 28 4.7 Consultation Responses - Approaches to Species Protection 29 4.8 Assessment of Suitable Approaches to Species Protection using Niche Group Species 30 iv Chapter 5 - Discussion 40 5.1 Outcome of the Assessment 40 5.1.1 Data Availability & Quality 41 5.2 Management & Protection Toolbox Approach 42 5.3 An Ecosystem Based Approach 44 Chapter 6 - Conclusions & Recommendations 46 6.1 Conclusions 46 6.2 Recommendations 47 References 50 Acronyms 53 Annexes Annex A - Consultation & Stakeholder Workshop 54 Annex B - Marine Species Protection Questionnaire 55 Annex C - Existing Marine Species Protection 56 Annex D - Critical Marine Processes 61 Annex E - Summary of Consultee Responses Relating to Unprotected Marine Species identified as ‘At Risk’ from Marine Activities 64 Annex F - Summary of Consultee Responses Relating to Species listed under the WCA identified