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Consultation on Sound of Barra Possible Special Area of Conservation (Sac)

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Consultation on Sound of Barra Possible Special Area of Conservation (Sac) SUSTAINABLE DEVELOPMENT COMMITTEE 7 DECEMBER 2011 CONSULTATION ON SOUND OF BARRA POSSIBLE SPECIAL AREA OF CONSERVATION (SAC) Report by Director of Development PURPOSE OF REPORT To agree a Comhairle response to the Scottish Government consultation being carried out by Scottish Natural Heritage (SNH) for the proposal to designate an area in the Sound of Barra as a marine Special Area of Conservation. COMPETENCE 1.1 There are no financial or other constraints to the recommendation being implemented. The legal requirements for Special Areas of Conservation (SACs) are set out in the Conservation of Habitats and Species Regulations 2010. SUMMARY 2.1 SNH is carrying out a consultation on behalf of the Scottish Government for the proposal to designate a marine area between South Uist and the island of Barra as a Special Area of Conservation (SAC). The area is considered by the Scottish Government to be of international importance for nature conservation for subtidal sandbanks and reef habitats and for common (harbour) seals. 2.2 The proposal to designate the Sound of Barra as a marine SAC has been based upon scientific studies. Scottish Ministers will take final decisions on whether to proceed with this proposal based on scientific information. Comments on socio-economic grounds will be used to identify issues which may need to be tackled in the future, and may also inform management of the site if Scottish Ministers decide to proceed to full designation following the consultation. 2.3 The SNH consultation commenced on 16 September 2011 and runs until 9 December 2011. SNH has granted the Comhairle an extension to the consultation period until 16 December 2011 to allow the consultation to be considered by this Committee and the Comhairle. 2.4 A map showing the location of the possible SAC boundary for the Sound of Barra is shown in Appendix 1. Information on the proposed site, including details of maps and the qualifying interest are available on the SNH website at http://www.snh.gov.uk/protecting-scotlands-nature/protected- areas/site-consultations/sound-of-barra and will also be made available in the Members Lounge. 2.5 The consultation process is taking place because the Scottish Government believes there is a sound scientific case for designation. Unless the consultation process identifies scientific grounds to the contrary, the likelihood is this proposed site will go forward. If, after the consultation, Scottish Ministers decide to proceed with the proposed site, it will be formally submitted to Europe. At that point letters will be sent out to all concerned. The European Union (EU) will then decide whether to adopt the site as a Site of Community Importance (SCI). Once that is done Scottish Ministers would then designate the site as a marine SAC. 2.6 The Comhairle is not supportive of any additional natural heritage designations in the Outer Hebrides and as such it is recommended to oppose the proposal to designate a marine SAC for the Sound of Barra. RECOMMENDATION 3.1 It is recommended that the Comhairle agree that the comments in Paragraphs 6.1-8.2 of the Report form the basis of a Comhairle submission to Scottish Natural Heritage. Contact Officers: Anne MacLellan Tel: 01870 604490 [email protected] Peter Middleton Tel: 01851 822693 [email protected] Appendix 1: Map showing the location of the possible SAC boundary for the Sound of Barra Background Papers: None BACKGROUND 4.1 The Scottish Government is proposing that a marine area between South Uist and the island of Barra is designated as a SAC for its subtidal sandbanks and reef habitats and for common (harbour) seals. The proposed site boundary is shown in Appendix 1 to this Report. 4.2 SNH has been asked by Scottish Government to seek views on this proposal. The SNH consultation commenced on 16 September 2011 and runs for a 12 week period until 9 December 2011. SNH has granted the Comhairle an extension to the consultation period until 16 December 2011 to allow the proposal to be considered by the Comhairle. 4.3 The Scottish Government welcomes comments of both a scientific and socio-economic nature, although according to case law in the European Court of Justice, the decision on whether or not an area is suitable for designation has to be based only on science. Comments on socio-economic issues will be used to inform matters such as the future management of the site. SAC DESIGNATIONS 5.1 The European Habitats Directive is a law which requires all EU member states to protect certain habitats and species, which are rare, threatened or vulnerable. Under the Habitats Directive, SACs are selected on a scientific basis to represent the most important examples of these habitats and species. SACs are part of the European network of protected sites known as Natura 2000. 5.2 The legal basis for SACs is set out in the Conservation of Habitats and Species Regulations 2010. Legal measures to protect SACs come into force when the sites are submitted to the European Commission as candidate SACs. The UK Government considers that proposed SPAs and SACs should have a similar level of protection to candidate SACs i.e. from the point when they are first approved for consultation. 5.3 In 2000 there were consultations about a possible SAC (pSAC) in the Sound of Barra for harbour seals and sandbanks. Since that time there have been changes in seal numbers and distribution in the area, and construction works in the Sound of Barra have possibly had effects on habitats. Scottish Ministers therefore agreed that further research should be carried out in the area. The whole of the Sound of Barra was then widely surveyed in 2006 to look at the extent of the habitats, which would qualify for SAC designation. 5.4 Following this survey a wider area than the original pSAC is being put forward for two habitats and one species which are covered in Annexes I and II of the Habitats Directive. The habitats are sandbanks and reefs, and the species is the common (harbour) seal. EXTENT OF DESIGNATION 6.1 According to the SNH consultation document the proposed Sound of Barra designation would represent the following share of UK totals for each feature: Sandbanks - 0.1%-0.4% of the overall UK total sandbank habitat Reefs – 0.07% of the overall UK total reef resource Common seals – 0.7% of the overall total UK population 6.2 The proposal is on an extremely small share of feature representation associated with the designation compared to overall UK totals. IMPACTS OF DESIGNATION 7.1 The Comhairle recognises the importance of maintaining a high quality marine environment and its contribution to the economic and social well-being of the Outer Hebrides. The economy of the islands requires to be strengthened and Comhairle nan Eilean Siar is committed to sustainable economic development of its coastal and marine resources. 7.2 Fishing, aquaculture, environmental tourism and renewable energy are key industries for the islands, now and in the future, and can greatly contribute to our economy providing employment for many people living in the islands. Fishing and other activity in the area has provided local employment in some of the most fragile areas of the Outer Hebrides where alternative employment opportunities are limited. Further restrictions will have a seriously detrimental effect on coastal communities around the islands. 7.3 The consultation document states that creel fisheries, pelagic fishing and diving (hand gathering of molluscs) would not require any restrictions as long as the creel and dive fisheries are managed to ensure they are within sustainable limits for the target species. However, fishing gears which are towed over the seabed or dig into the sediment in some way (such as scallop dredging and hydraulic fishing methods) have the potential to be damaging to these features. SNH have advised that further management of towed bottom fishing gear and hydraulic fishing would be required. SNH would recommend that scallop dredging and hydraulic dredging are excluded from the most sensitive parts of the site where maerl and seagrass habitats occur. 7.4 The Scottish Government commissioned Halcrow in 2010 to conduct an ‘Impact Assessment of the Proposed Designation of Two Inshore Special Areas of Conservation in the Sound of Barra and East Mingulay’. Halcrow estimate that closure of the proposed SAC in the Sound of Barra to mobile gear operators would result in loss of landings worth £121k per annum. 7.5 However, industry feedback indicates that this is a gross under estimate of the value of shellfish trawling and dredging potentially affected by the designation. Industry representatives confirm that the scallop dredge fishery within the Sound of Barra is crucially important to the Uist economy supporting 12 jobs at sea and 15 jobs in onshore processing. Local and nomadic vessels also support up to 40 processing jobs in Barra with associated local earnings of £800k. Continued access to the high quality scallops available in the area is essential for the processing company to retain their share of a highly competitive market. Indirect employment and earnings associated with fishing and processing activity increases the importance of the area to the local economy. 7.6 With little evidence that existing fishing activity has contributed to a deterioration of the marine features as a minimum, information from existing scallop vessels should be incorporated into the designation assessment in order to retain existing scallop activity. 7.7 SNH believe that restrictions to creel and dive fisheries would not be required as long as these fisheries are managed to ensure they are within sustainable limits for the target species.
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