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Title Chichester and Langstone Harbours SPA, Portsmouth Harbour SPA and Solent and Southampton Water SPA – Appropriate Assessment – Solent Dredge Permit Byelaw SIFCA Reference SIFCA/HRA_PP/SDPByelaw2018 Author C Smith Approver Owner Southern IFCA Template Used HRA Template Plan/Project v1.0

Revision History Date Author Version Status Reason Approver(s) 23/10/2018 C Smith 1.1 Draft Simon Pengelly 23/10/18 25/10/2018 C Smith 1.2 Draft Addition of reference and Simon Pengelly sightings explanation. 24/10/18 26/10/2018 C Smith 1.3 Draft Addition of in combination assessment sections. 12/11/2018 C Smith 1.4 Draft Amendments to byelaw description. 16/11/2018 C Smith 1.5 Draft Amendments made to address NE comments. 04/01/2018 C smith 1.6 Draft` Addition of Co-location maps to annex

This document has been distributed for information and comment to:

Title Name Date sent Comments received Natural England Richard Morgan 26/10/2018 Expected Received – 19/11/2108

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Southern Inshore Fisheries and Conservation Authority (IFCA)

Habitat Regulations Assessment for Plans/Projects

European Marine Site: Chichester and Langstone Harbours SPA (UK9011011) Portsmouth Harbour SPA (UK9011051) Solent and Southampton Water SPA (UK9011061)

Features(s): Non-breeding internationally and nationally important populations of migratory and waterbird assemblage bird species. (Bar-tailed godwit, Black-Tailed Godwit, Curlew, Dark-bellied Brent goose, Dunlin, Grey plover, Pintail, Red-breasted merganser, Redshank, Ringed plover, Sanderling, Shelduck, Shoveler, Teal, Turnstone, Wigeon, Little egret1,)

Supporting Habitats(s): Intertidal coarse sediment, Intertidal mixed sediments, Intertidal mud and Intertidal sand and muddy sand

1 Little egret is not yet a qualifying feature of Chichester and Langstone Harbours SPA. It has been included within the assessment process however as it was included within the 2001 SPA Review which was published by the Joint Nature Conservation Committee (JNCC).

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Technical Summary

Duties under Regulation 63 of the Conservation of Habitats and Species Regulations 2017 require Southern IFCA, as a competent Authority, to make an appropriate assessment of a plan or project likely to have a significant effect on a European site (either alone or in combination with other plans or projects). As such, Southern IFCA must undertake an Appropriate Assessment for the introduction of the Solent Dredge Permit Byelaw. This byelaw will regulate the wild shellfish fishery within the Solent, including Southampton Water, Portsmouth Harbour and Langstone Harbour, through the allocation of permit entitlements. The permit will allow the use of a dredge by means of a relevant fishing vessel and under each permit (Category A Permit, Category B Permit) a number of conditions will be applied. The purpose of this assessment is to determine, whether or not in the view of Southern IFCA, the introduction of the Solent Dredge Permit Byelaw will hinder the achievement of the conservation objectives of the Chichester and Langstone Harbour, Portsmouth Harbour and Solent and Southampton Water SPAs and lead to an adverse effect on site integrity.

A review of research into shellfish dredging impacts identifies that the permitted activity has potential to lead to the abrasion, penetration or disturbance of the seabed, removal of target and non-target species, visual disturbance and smothering, siltation and suspended sediment changes. These potential impacts and risks to the integrity of the site will however be mitigated against a number of conditions applied under the permit. These include an 8-month close season for shellfish dredging throughout the Solent during the spring, summer and autumn months, from 1st March until 31st October inclusive. This closed season allows for the recovery of infaunal habitats and maintains the structure of intertidal and subtidal habitats during a period of highest biological activity, and thus allowing for the quickest possible recovery. Fishing effort is further restricted during the fishing season through a diurnal closure (commencing at 18:00 and ending at 06:00 the following day), whilst also aiding compliance. Both these permit conditions were previously applied through existing byelaws: Solent Dredge Fishing Byelaw and Oyster Close Season Byelaw.

By incorporating existing byelaws into one umbrella permit byelaw, it allows for the adaptive management of these fisheries, providing Southern IFCA with the ability to review the suitability of the permit conditions, attach conditions to the permit and vary or revoke conditions attached to the permit at any time (following an appropriate review procedure), after the permits have been issued. Additional mitigation is provided by the Bottom Towed Fishing Gear 2016 Byelaw through a network of permanent bottom towed fishing gear closure areas which protect sensitive habitats, including low energy sedimentary habitats and saltmarsh. The network of closure areas covers approximately 95.4 km2 and equates to approximately 33.9% of the Solent Maritime SAC which includes most of the Solent and Southampton Water and Chichester and Langstone Harbours SPA.

Based on these mitigation measures, in the form of permit conditions (previously applied through existing byelaws) and network of permanent bottom towed fishing gear closures, it was concluded that the introduction of the Solent Dredge Permit Byelaw will not hinder the site from achieving its conservation objectives and as such will not have an adverse effect upon the integrity of the Chichester and Langstone Harbour SPA, Portsmouth Harbour SPA or Solent and Southampton Water SPA.

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Table of Contents Technical Summary ...... 3 1 Introduction ...... 86 1.1 Need for a Habitats Regulations Assessment (HRA) ...... 86 1.2 Management Scheme ...... 86 2 Documents reviewed to inform this assessment ...... 97 3 Information about the EMSs ...... 97 3.1 Overview and qualifying features ...... 107 3.1.1 Chichester and Langstone Harbours SPA ...... 107 3.1.2 Portsmouth Harbour SPA ...... 108 3.1.3 Solent and Southampton Water SPA ...... 119 3.2 Conservation Objectives ...... 119 4 Plan/Project Description...... 1210 4.1 Solent Dredge Permit Byelaw ...... 1210 4.1.1 3.1.2. Solent Dredge Permit Access Policy ...... 1513 4.2 Technical Gear Specifications ...... 1513 4.2.1 Clam & Cockle Dredging ...... 1513 4.2.2 Oyster dredging ...... 1614 5 Location, Effort and Scale of Fishing Activities ...... 1715 5.1 Clam Dredging ...... 1715 5.2 Oyster Dredging ...... 2017 6 Test of Likely Significant Effect (TLSE) ...... 2421 7 Appropriate Assessment ...... 2522 7.1 Co-location of Fishing Activity and Site Features/Supporting habitat(s)...... 2522 7.2 Potential Impacts on Birds and Supporting Habitats ...... 2926 7.2.1 Abrasion/disturbance of the substrate on the surface of the seabed; Penetration and/or disturbance of the substratum below the surface of the seabed, including abrasion3027 7.2.2 Removal of non-target species ...... 3229 7.2.3 Removal of target species ...... 3633 7.2.4 Smothering and siltation rate changes; Changes in suspended solids ...... 3633 7.2.5 Changes in prey availability ...... 3633 7.2.6 Visual Disturbance ...... 4441 7.3 Feature-Specific Seasonality Table ...... 5046 7.4 Site Condition ...... 5249 7.4.1 Condition Assessments ...... 5349 7.4.2 Population Trends ...... 6054 7.5 Existing Management Measures ...... 6257 7.5.1 Southern IFCA ...... 6257 7.5.2 Sussex IFCA ...... 6459 7.6 Classification of Shellfish ...... 6559 7.7 Monitoring ...... 6660 7.7.1 Solent oyster stock survey ...... 6660 7.7.2 Solent bivalve stock survey ...... 6660 7.8 Table 11. Summary of Impacts ...... 6862 8 Conclusion ...... 149143 9 In-combination assessment ...... 151145

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9.1 Other plans and projects ...... 151145 9.2 Other fishing activities ...... 159152 10 Summary of consultation with Natural England ...... 160153 11 Integrity test ...... 161153 Annex 1: Reference List ...... 162154 Annex 2: The Key Principles of the SEMS Management Scheme (http://www.solentems.org.uk/sems/management_scheme/) ...... 170162 Annex 3: Supporting Habitat(s) Site Feature Map for the Solent SPAs (Langstone Harbour only, Portsmouth Harbour and Solent and Southampton Water) ...... 172164 Annex 4: Bottom Towed Fishing Gear 2016 byelaw permanent closure areas in the Solent SPAs (Langstone Harbour only, Portsmouth Harbour, Solent and Southampton Water)...... 176168 Annex 5: Co-Location of Recent Shellfish Dredging Sightings and Site Feature(s)/Sub-Feature(s) in the Solent SPAs (Langstone Harbour only, Portsmouth Harbour & Solent and Southampton Water)...... 182174 Annex 6: Low tide WeBS data distribution maps for Grey plover, Dunlin, Redshank, Dark-bellied brent goose, Shelduck, Teal, Ringed plover, Curlew, Turnstone, Wigeon, Pintail and Shoveler in the Solent taken from Stillman et al., (2009)...... 186178 Annex 7: WeBS Low Tide Count (LTC) scheme point data distribution maps for the three Solent SPAs bird features (Langstone Harbour and Portsmouth Harbour) Recent Solent and Southampton Water maps not available. https://app.bto.org/webs-reporting/ ...... 199191 Annex 8: Bird roosting sites from the Solent Waders and Brent Goose Strategy. Taken from https://solentwbgs.wordpress.com/page-2/. Taken on 03/10/2018...... 205197 Annex 9: Classification of Bivalve Mollusc Production Areas interacting with the three Solent SPAs (Langstone Harbour Only, Portsmouth Harbour and Solent and Southampton Water)...... 211203 Annex 10. Table of recovery rates of prey species taken by bird species which may be impacted by changes in prey availability as a result of clam dredging in Chichester and Langstone Harbour SPA, Portsmouth Harbour, and Solent and Southampton Water SPA. Taken from Ferns et al., (2000)...... 218210 Annex 11: Seabed scars (shown as numerous lines), visible from Google Earth, potentially caused by clam dredging within Langstone Harbour. These images were taken on 22/04/2015. Source: Google Earth...... 219211 Annex 12. Table of studies investigating the impacts of shellfish dredging and recovery rates. 220212 Annex 13. Table of recolonization strategies and reproductive seasons of potential key species in the Solent European Marine Site. These species were selected from the potential species list in Annex 15...... 223215 Annex 14. Potential Species List for the Solent European Marine Site (derived from SAC biotopes outlined in the Regulation 33 Conservation Advice Package and prey species of vulnerable (to shellfish dredging) SPA bird species)...... 224216 Annex 15: Co-location of Historic Trawling (2005-2011, 2012-2015), Historic Clam Dredging (2012-2015) and Oyster Dredging (2012, 2014-2015) Sightings in the three Solent SPAs (Langstone Harbour, Portsmouth Harbour & Solent and Southampton Water)...... 225217 Annex 16: TSLE Summary for each feature (and sub-feature) ...... 231223 Technical Summary ...... 3 1 Introduction ...... 6 1.1 Need for a Habitats Regulations Assessment (HRA) ...... 6 1.2 Management Scheme ...... 6 2 Documents reviewed to inform this assessment ...... 7 3 Information about the EMSs ...... 7 3.1 Overview and qualifying features ...... 7 3.1.1 Chichester and Langstone Harbours SPA ...... 7 3.1.2 Portsmouth Harbour SPA ...... 8

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3.1.3 Solent and Southampton Water SPA ...... 9 3.2 Conservation Objectives ...... 9 4 Plan/Project Description...... 10 4.1 Solent Dredge Permit Byelaw ...... 10 4.1.1 Category A Permit ...... Error! Bookmark not defined. 4.1.2 Category B Permit ...... Error! Bookmark not defined. 4.1.3 Solent Dredge Permit Access Policy ...... Error! Bookmark not defined. 4.2 Technical Gear Specifications ...... 13 4.2.1 Clam & Cockle Dredging ...... 13 4.2.2 Oyster dredging ...... 14 5 Location, Effort and Scale of Fishing Activities ...... 15 5.1 Clam Dredging ...... 15 5.2 Oyster Dredging ...... 17 6 Test of Likely Significant Effect (TLSE) ...... 21 7 Appropriate Assessment ...... 22 7.1 Co-location of Fishing Activity and Site Features/Supporting habitat(s)...... 22 7.2 Potential Impacts on Birds and Supporting Habitats ...... 26 7.2.1 Abrasion/disturbance of the substrate on the surface of the seabed; Penetration and/or disturbance of the substratum below the surface of the seabed, including abrasion ... 27 7.2.2 Removal of non-target species ...... 29 7.2.3 Removal of target species ...... 33 7.2.4 Smothering and siltation rate changes; Changes in suspended solids ...... 33 7.2.5 Changes in prey availability ...... 33 7.2.6 Visual Disturbance ...... 41 7.3 Feature-Specific Seasonality Table ...... 46 7.4 Site Condition ...... 49 7.4.1 Condition Assessments ...... 49 7.4.2 Population Trends ...... 53 7.5 Existing Management Measures ...... 55 7.5.1 Southern IFCA ...... 55 7.5.2 Sussex IFCA ...... 57 7.6 Classification of Shellfish ...... 58 7.7 Monitoring ...... 59 7.7.1 Solent oyster stock survey ...... 59 7.7.2 Solent bivalve stock survey ...... 59 7.8 Table 12. Summary of Impacts ...... 61 8 Conclusion ...... 161 9 In-combination assessment ...... 163 9.1 Other plans and projects ...... 163 10 Summary of consultation with Natural England ...... 175 11 Integrity test ...... 175 Annex 1: Reference List ...... 176 Annex 2: The Key Principles of the SEMS Management Scheme (http://www.solentems.org.uk/sems/management_scheme/) ...... 184 Annex 3: Supporting Habitat(s) Site Feature Map for the Solent SPAs (Langstone Harbour only, Portsmouth Harbour and Solent and Southampton Water) ...... 186

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Annex 4: Bottom Towed Fishing Gear 2016 byelaw permanent closure areas in the Solent SPAs (Langstone Harbour only, Portsmouth Harbour, Solent and Southampton Water)...... 190 Annex 5: Co-Location of Recent Shellfish Dredging Sightings and Site Feature(s)/Sub-Feature(s) in the Solent SPAs (Langstone Harbour only, Portsmouth Harbour & Solent and Southampton Water)...... 196 Annex 6: Low tide WeBS data distribution maps for Grey plover, Dunlin, Redshank, Dark-bellied brent goose, Shelduck, Teal, Ringed plover, Curlew, Turnstone, Wigeon, Pintail and Shoveler in the Solent taken from Stillman et al., (2009)...... 200 Annex 7: WeBS Low Tide Count (LTC) scheme point data distribution maps for the three Solent SPAs bird features (Langstone Harbour and Portsmouth Harbour) Recent Solent and Southampton Water maps not available. https://app.bto.org/webs-reporting/ ...... 213 Annex 8: Bird roosting sites from the Solent Waders and Brent Goose Strategy. Taken from https://solentwbgs.wordpress.com/page-2/. Taken on 03/10/2018...... 219 Annex 9: Classification of Bivalve Mollusc Production Areas interacting with the three Solent SPAs (Langstone Harbour Only, Portsmouth Harbour and Solent and Southampton Water)...... 225 Annex 10. Table of recovery rates of prey species taken by bird species which may be impacted by changes in prey availability as a result of clam dredging in Chichester and Langstone Harbour SPA, Portsmouth Harbour, and Solent and Southampton Water SPA. Taken from Ferns et al., (2000)...... 232 Annex 11: Seabed scars (shown as numerous lines), visible from Google Earth, potentially caused by clam dredging within Langstone Harbour. These images were taken on 22/04/2015. Source: Google Earth...... 233 Annex 12. Table of studies investigating the impacts of shellfish dredging and recovery rates. .. 234 Annex 13. Table of recolonization strategies and reproductive seasons of potential key species in the Solent European Marine Site. These species were selected from the potential species list in Annex 15...... 237 Annex 14. Potential Species List for the Solent European Marine Site (derived from SAC biotopes outlined in the Regulation 33 Conservation Advice Package and prey species of vulnerable (to shellfish dredging) SPA bird species)...... 238 Annex 15: Co-location of Historic Trawling (2005-2011, 2012-2015), Historic Clam Dredging (2012-2015) and Oyster Dredging (2012, 2014-2015) Sightings in the three Solent SPAs (Langstone Harbour, Portsmouth Harbour & Solent and Southampton Water)...... 239 Annex 16: TSLE Summary for each feature (and sub-feature) ...... 245

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1 Introduction

1.1 Need for a Habitats Regulations Assessment (HRA)

The Natura 2000 is a network of protected sites which are designated for rare and threatened species and rare natural habitat types. These sites include Special Areas of Conservation (SAC) and Special Protection Areas (SPA), designated under the EC Habitats Directive 1992 and EC Birds Directive 2009 (amended), respectively. Article 6 of the Habitats Directive defines how Natura 2000 sites are managed and protected2. Similarly, protection is afforded under Article 4 of the Birds Directive for SPAs.

Southern IFCA has duties under Regulation 9(1) of the Conservation of Habitats and Species Regulations 2017 as a competent authority, with functions relevant to marine conservation, to exercise those functions so as to secure compliance with the Habitats Directive and Birds Directives.

Article 6(3) of the Habitats Directive requires any plan or project likely to have a significant effect on a Natura 2000 site; either individually or in combination with other plans or projects, to undergo an Appropriate Assessment in order to determine whether there may be any adverse impact on the site.

Article 4(4) of the Birds Directive states that ‘Member States shall take appropriate steps to avoid …deterioration of habitats or any disturbances affecting the birds, in so far as these would be significant having regard to the objectives of this Article’.

Regulation 63 of the Conservation of Habitats and Species Regulations 2017 requires Southern IFCA, as the Competent Authority, to make an Appropriate Assessment of a plan or project which is likely to have a significant effect on a European Marine Site (either alone or in combination with other plans or projects) and is not directly connected with or necessary to the management of the site in question. The implications of any plan or project must be assessed in view of the site’s conservation objectives.

This document forms the basis of an Appropriate Assessment for the introduction of the Solent Dredge Permit Byelaw. The purpose of this document is to assess whether or not in the view of Southern IFCA, the introduction of the Solent Dredge Permit Byelaw will have a likely significant effect on the features and sub-features of the three SPAs (Chichester and Langstone Harbours, Portsmouth Harbour and Solent and Southampton Water) alone, and in-combination with other plans or projects. The assessment ensures Southern IFCA meets its responsibilities as a competent authority by ensuring the conservation objectives of the three SPAs (Chichester and Langstone Harbours, Portsmouth Harbour and Solent and Southampton Water) will be met and the integrity of the site is not adversely affected.

1.2 Management Scheme

Management of European Marine Sites (EMS) is the responsibility of all competent authorities which have powers or functions which have, or could have, an impact on the marine area within or adjacent to a European Marine Site (EMS). Under section 386 of the Species and Habitats Regulations (2010):7:

2 http://ec.europa.eu/environment/nature/natura2000/management/guidance_en.htm

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“The relevant authorities, or any of them, may establish for a European Marine Site a management scheme under which their functions (including any power to make byelaws) are to be exercised so as to secure in relation to that site compliance with the requirements of the Habitats Directive.”

Within the Solent EMS such a management scheme has been developed in the form of the SEMS management scheme which was established in 2004. This resulted in the establishment of a framework for the effective management of the Solent EMS so that the conservation objectives are met. The key principles of the management scheme are included in Annex 2.

In the SEMs Management Group 2015 Monitoring Report, fishing activities have been flagged to be a high risk or (Tier 1) activity. High risk activities are considered as potentially representing a high risk and/or not having sufficient “systems in place to ensure they are managed in line with the Habitats Regulations” and, therefore, requiring further management consideration. During the 2015 consultation, a request was made to reduce the risk of fishing activity from high to medium risk. The response from the group was that in order to do this a clear audit and evidence trail would be required to reduce the risk. Assessments for clam and oyster dredging completed under the revised approach, in line with Article 6.2 of the Habitats Directives, formed part of that audit trail, as will this assessment. It was considered that some level of management would be required for high risk activities within the EMS. New management for dredge fishing and bottom towed fishing gear was introduced in November 2017 (see ‘Existing Management’ section).

Evidence of this audit trail and the implementation of new management was considered in the SEMs Annual Monitoring Report in 2017. In this instance, although there was an increase in fishing in some discrete areas, it was agreed that for the risk of ‘Fishing (including shellfisheries)’ no additional management was required. Furthermore, the small areas where an increase in activity was observed would be managed effectively through the implementation of the measures incorporated into the Solent Dredge Fishing byelaw and Bottom Towed Fishing Gear 2016 byelaw. The 2018 report has not been collated at the point, but Southern IFCAs response referencing the audit trail of assessments that have been undertaken and the process for ongoing monitoring to ensure the management is effective and has been submitted.

2 Documents reviewed to inform this assessment

• Reference list3 (Annex 1) • Natural England’s Conservation Advice4 • Site map(s) – supporting habitat location and extent (Annex 3) • Fishing activity data (map(s), etc) (Annex 5 & 15) • Fisheries Impact Evidence Database (FIED)

3 Information about the EMSs

• Chichester and Langstone Harbours SPA (UK9011011) • Portsmouth Harbour SPA (UK9011051) • Solent and Southampton Water SPA (SPA (UK9011061)

3 Reference list will include literature cited in the assessment (peer, grey and site-specific evidence e.g. research, data on natural disturbance/energy levels etc) 4 https://designatedsites.naturalengland.org.uk/SiteSearch.aspx

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3.1 Overview and qualifying features

3.1.1 Chichester and Langstone Harbours SPA

• Internationally important populations of the regularly occurring Annex 1 Formatted: Font: Bold species:Qualifying features: 5 Formatted: Indent: Left: 0 cm, Bulleted + Level: 1 + Aligned ➢ Sterna sandvicensis; Sandwich tern (Breeding) at: 1.27 cm + Indent at: 1.9 cm ➢ Sterna hirundo; Common tern (Breeding) Formatted: Font: Bold ➢ Sterna albifrons; Little tern (Breeding) Formatted: Indent: Left: 0.63 cm • Internationally important populations of the regularly occurring migratory species:6 Formatted: Indent: Left: 0.63 cm ➢ Pluvialis squatarola; Grey plover (Non-breeding) Formatted: Indent: Left: 0.63 cm ➢ Calidris alba; Sanderling (Non-breeding) ➢ Calidris alpina alpina; Dunlin (Non-breeding) ➢ Tringa totanus; Common redshank (Non-breeding) ➢ Branta bernicla bernicla; Dark-bellied brent goose (Non-breeding) ➢ Tadorna tadorna; Common shelduck (Non-breeding) ➢ Anas crecca; Eurasian teal (Non-breeding) • Nationally important populations of regularly occurring migratory species Formatted: Indent: Left: 0.63 cm ➢ Charadrius hiaticula; Ringed plover (Non-breeding) Formatted: Indent: Left: 0.63 cm ➢ Numenius arquata; Eurasian curlew (Non-breeding) ➢ Limosa lapponica; Bar-tailed godwit (Non-breeding) ➢ Arenaria interpres; Ruddy turnstone (Non-breeding) ➢ Anas penelope; Eurasian wigeon (Non-breeding) ➢ Anas acuta; Northern pintail (Non-breeding) ➢ Anas clypeata; Northern shoveler (Non-breeding) ➢ Mergus serrator; Red-breasted merganser (Non-breeding) Formatted: Indent: Left: 0.63 cm, Bulleted + Level: 2 + Aligned at: 1.9 cm + Indent at: 2.54 cm ➢ •➢ Internationally important assemblage of waterfowl (Waterbird assemblage) Formatted: Font: Bold Formatted: Font: Bold Chichester and Langstone Harbours are located on the south coast of England in Hampshire and West Sussex. They are large, sheltered estuarine basins comprising extensive sand- and mud-flats exposed at low tide. The two harbours are joined by a stretch of water that separates Hayling Island from the mainland. Tidal channels drain the basin and penetrate far inland. The mud-flats are rich in invertebrates and also support extensive beds of algae, especially Enteromorpha species, and eelgrasses Zostera spp. The basin contains a wide range of coastal habitats supporting important plant and animal communities. The site is of particular significance for waterbirds, especially in migration periods and in winter. It also supports important colonies of breeding terns.7

Please refer to Annex 3 for a map of supporting habitats.

3.1.2 Portsmouth Harbour SPA

• Nationally and internationally important populations of the regularly occurring migratory Formatted: Indent: Left: 0 cm species: Qualifying features: ➢ Branta bernicla bernicla; Dark-bellied brent goose (Non-breeding) Formatted: Indent: Left: 0.63 cm

5 Those features/sub-features highlighted in bold are those considered likely to interact with the fishing activities that will managed under Solent Dredge Permit byelaw. 6 Those features/sub-features highlighted in bold are those considered likely to interact with the fishing activities that will managed under Solent Dredge Permit byelaw. 7 http://jncc.defra.gov.uk/default.aspx?page=2034

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➢ Mergus serrator; Red-breasted merganser (Non-breeding) ➢ Calidris alpina alpina; Dunlin (Non-breeding) ➢ Limosa limosa islandica; Black-tailed godwit (Non-breeding)

Please refer to Annex 3Annex 3 for a map of supporting habitats.

Portsmouth Harbour is located on the central south coast of England. It is a large industrialised estuary and includes one of the four largest expanses of mud-flats and tidal creeks on the south coast of Britain. The mud-flats support large beds of Narrow-leaved Eelgrass Zostera angustifolia and Dwarf Eelgrass Z. noltii, extensive green algae beds, mainly Enteromorpha species, and Sea Lettuce Ulva lactuca. Portsmouth Harbour has only a narrow connection to the sea via the Solent, and receives comparatively little fresh water, thus giving it an unusual hydrology. The site supports important numbers of wintering Dark-bellied Brent Goose Branta b. bernicla, which feed also in surrounding agricultural areas away from the SPA.8

3.1.3 Solent and Southampton Water SPA

• Internationally important populations of the regularly occurring Annex 1 species:Qualifying features: ➢ Sterna sandvicensis; Sandwich tern (Breeding) ➢ Sterna hirundo; Common tern (Breeding) ➢ Sterna albifrons; Little tern (Breeding) ➢ Sterna dougalli; Roseate tern (Breeding) ➢ Ichthyaetus melanocephalus; Mediterranean gull (Breeding) • Internationally important populations of regularly occurring migratory species ➢ Branta bernicla bernicla; Dark-bellied brent goose (Non-breeding) ➢ Anas crecca; Eurasian teal (Non-breeding) ➢ Charadrius hiaticula; Ringed plover (Non-breeding) ➢ Limosa limosa islandica; Black-tailed godwit (Non-breeding) ➢ •➢ Internationally important assemblage of waterfowl (Waterbird assemblage) Formatted: Font: Bold Formatted Please refer to Annex 3 for a map of supporting habitats.

The Solent and Southampton Water are located on the south English coast. The area covered extends from Hurst Spit to Hill Head along the south coast of Hampshire, and from Yarmouth to WhitecliffWhite cliff Bay along the north coast of the Isle of Wight. The site comprises a series of estuaries and harbours with extensive mud-flats and saltmarshes together with adjacent coastal habitats including saline lagoons, shingle beaches, reedbeds, damp woodland and grazing marsh. The mud-flats support beds of Enteromorpha spp. and Zostera spp. and have a rich invertebrate fauna that forms the food resource for the estuarine birds. In summer, the site is of importance for breeding seabirds, including gulls and four species of terns. In winter, the SPA holds a large and diverse assemblage of waterbirds, including geese, ducks and waders. Dark-bellied Brent Goose Branta b. bernicla also feed in surrounding areas of agricultural land outside the SPA.9

3.2 Conservation Objectives

8 http://jncc.defra.gov.uk/default.aspx?page=2036 9 http://jncc.defra.gov.uk/default.aspx?page=2037

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The conservation objective for the three SPAs (Chichester and Langstone Harbour, Portsmouth Harbour and Solent and Southampton Water) features: • Internationally important populations of the regularly occurring migratory species • Nationally important populations of regularly occurring migratory species • Internationally important assemblage of waterfowl

Are to ensure that, subject to natural change, the integrity of the site is maintained or restored as appropriate, and that the site contributes to achieving the aims of the Wild Birds Directive, by maintaining or restoring:

• the extent and distribution of the habitats of the qualifying features • the structure and function of the habitats of the qualifying features • the supporting processes on which the habitats of the qualifying features rely • the populations of qualifying features • the distribution of qualifying features within the site

The high levelhigh-level conservation objectives for the three SPAs are available online at: https://designatedsites.naturalengland.org.uk/

4 Plan/Project Description

The Solent Dredge Permit (SDP) Byelaw will regulate the wild shellfish fisheries in the Solent, Southampton Water, Portsmouth Harbour and Langstone Harbour through the allocation of permit entitlements and as such requires a Habitats Regulation Assessment (HRA) for permitting a fishing activity within a European Marine Site (EMS). The SDP Byelaw is designed to encompass a number of existing byelaws and incorporate into these into one umbrella byelaw. Existing byelaws include the Solent Dredge Fishing 2016 Byelaw and the Temporary Closure of Shellfish Beds Byelaw.

4.1 Solent Dredge Permit Byelaw

The Solent Dredge Permit Byelaw will allow for the use of a dredge within the Solent. It enables provisions for the following: • The introduction of a permitted fishery: o A Category A Permit: for the harvesting of all bivalves (except oysters); o A Category B Permit: for the harvesting of oysters; ▪ under paragraph (2) of the permit byelaw it is an offence to use a dredge by means of a relevant fishing vessel within the Solent, unless authorised by either a Category A or Category B permit and in accordance with a daily curfew commencing at 18:00 and ending at 06:00 the following day.

• The ability to introduce ‘flexible permit conditions’ under either a Category A or Category B permit; i. The permitted scope of the flexible permit conditions enables the following to be introduced in the byelaw: • Specified areas known as ‘bivalve harvesting zones’; • Specified information, in the form of catch returns; • Specified period, in the form of a daily curfew. • To limit the number of permits that may be granted; • To charge a fee for the permits;

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3.2 Solent Dredge Permits

In line with paragraph (156) of the Marine and Coastal Access Act 2009, the flexible permit conditions, which could be introduced under a permit may relate to (but are not limited to) the following matters (paragraph 22):

i. Prohibition or restriction of harvesting in a specified area, or during a specified period; ii. Limitation on the amount of sea fisheries resources which may be harvested in a specified period; iii. Limitation on the amount of time spent harvesting; iv. Prohibiting or restricting any method of harvesting; v. Provision requiring specified information’s; vi. Provision to specify a fee for a permit; vii. Provision to specify the number of permits issued.

The management decisions regarding harvesting will primarily be underpinned by the outcomes of annual/biannual stock assessments; or by any other pathway as identified in the Permit Byelaw; any permits conditions which may be introduced or amended will be in response to the best available evidence that the Authority receive prior to the start of the fishing season.

At time of byelaw implementation, the following conditions will be introduced under the appropriate permit, as specified:

a. Seasonal measure (Category A permit only): This integrates the existing measures that currently exist under the Solent Dredge Byelaw; (fishery closed in Southampton Water, Portsmouth Harbour and Langstone Harbour between 1st March and 31st October);

b. Retention of sea fisheries resources: A restriction on retention of bivalves other than those permitted under the permit;

c. Gear Construction (Category A permit only): this introduces a specified dredge bar spacing;

d. Catch reporting: this introduces the requirement to submit catch returns; • e. Cost of permit.

The Southern IFCA Oyster Closed Season Byelaw will remain a standalone byelaw. It is for this reason that seasonal restrictions are not included in the Category B permit conditions.

Permitting this fishery will enable flexible management of bivalve harvesting and will allow Southern IFCA to review the suitability of the permit conditions as per the Review Procedure outlined in the Byelaw on a regular basis (every three years, or sooner in accordance with procedures specified in the Byelaw). Any changes will be subject to a consultation with permit holders.

As per the Review Procedure (as described in the byelaw), any changes will have regard to • the Authority’s duties and obligations under section 153 and 154 of the Marine and Coastal Access Act 2009;

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• any scientific and/or survey data; • feedback from permit holders during consultation periods; • any Statutory advice received from Natural England or other such bodies, organisations or persons as the Authority shall deem fit; • any relevant Habitats Regulation Assessments and any relevant Impact Assessments.

This flexibility in approach will enable amendments, revocations or additions to the permit conditions providing proportionate and bespoke management of the dredge fishery in the Solent whilst achieving the conservation objectives of the site.

Permit conditions, are designed to mitigate any potential impacts of dredge fishing activity on the features of the Solent Maritime SAC and ensures there will be no effect on site integrity. The permit conditions:

• Include the existing seasonal closures which were introduced under the Solent Dredge Byelaw in 2017, being an 8-month close season for shellfish dredging throughout the Solent, covering the designated features/sub-features of the Solent Maritime SAC. The close season prohibits shellfish dredging during the spring, summer and autumn months, 1st March to 31st October inclusive. This closed season enables the recovery of infaunal communities and maintains the structure of intertidal and subtidal habitats, as well as supporting breeding shellfish populations, particularly during the summer months which represent the period of highest biological activity for invertebrate infauna of mudflats. The timing of the recovery period was designed to allow for the quickest recovery possible, this is because the restoration of a community in temperate zones is likely to be more rapid if the cessation of sediment disturbance occurs prior to the spring-summer influx of recruits (Borja et al., 2010). This supports the timing of the reproductive season for key species within the site which generally occurs between spring and autumn (see Annex 10 for reproductive season of key species). Restricting shellfish dredging during winter is likely to aid restoration of infaunal communities if the main recolonisation mechanism is by those who undergo recolonization via by larval settlement. This supports the recolonization strategies used by a number of individual species, with a number of species employing both larval settlement and active or passive migration (i.e. Macoma balthica, Hediste diversicolor) (see Annex 10 for recolonization strategies of key species).

Table 1. A summary of the dredge conditions and to what area of the Solent they apply.

Area Applied Permit Conditions Category Southampton Portsmouth Langstone Solent Water Harbour Harbour Permit: Gear construction (bar spacing ✔ ✔ ✔ ✔ and strength) A (All Permit: Catch reporting ✔ ✔ ✔ ✔ bivalves except Permit: Seasonal oysters) Restriction (closed ✔ ✔ ✔ ✖ between 1 March and 31 October)

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Byelaw: Temporal restrictions (closed 18:00 ✔ ✔ ✔ ✔ to 06:00)

Permit: Catch Reporting ✔ ✔ ✔ ✔

Byelaw:TemporalByelaw: B ✔ ✔ ✔ ✔ 10 Temporal restrictions (Oysters (closed 18:00 to 06:00) only)

Open 'Bivalve Open 'Bivalve Open 'Bivalve Open 'Bivalve Permit: Spatial Harvesting Harvesting Harvesting Harvesting restrictions Zones' Zones' Zones' Zones'

4.1.1 3.1.2. Solent Dredge Permit Access Policy

It is recommended that the Authority do not restrict the number of permits available at the time the permit byelaw is introduced, however, in line with the provisions outlined in the Solent Dredge Access Policy, a number of Introductory Access Criteria must be met to enable fishers to be eligible to apply for a permit at the time the Permit Byelaw is introduced.

As such, access to a Solent Dredge Permit will not be restricted (other than via the criteria contained in the Access Policy) other than through means of requiring the purchase of the permit. Currently there are is only a small fleet of vessels who fish for bivalves in the Solent and therefore by not restricting the ability to gain a permit in anyway there will be no incentive for those who do not already fish for clams and oysters to purchase a permit. If unexpectedly, numbers of fishers applying for a permit exceeds that of historical fishing effort, it would however be possible to consider restricting the number of permits sold.

4.2 Technical Gear Specifications

4.2.1 Clam & Cockle Dredging

A type of mechanical dredge, known as a box dredge, is used to fish for clam and cockles in the Solent (Williams and Davies, 2018). From now on throughout this document fishing for both species will be referedreferred to as ‘clam dredging’. A mechanical dredge consists of a metal frame with a row of metal teeth which are towed through the sediment using a boat (Figure 1) (Wheeler et al., 2014). The dredge is characterised by skis which sit on the base of the dredge and allow it to sit on the seabed whilst being towed. Current management measures do not specify the required configuration of box dredge and as a result the size of a box dredge can widely vary. Box dredges vary from 82 to 122 cm in width, 111 to 130 cm in length and 20 to 36 cm in depth. Some box dredges have a diving plate which helps to stabilise the dredge during deployment. The metal teeth range from 9 to 14 cm (16 cm diagonally) and are situated on the base of the dredge mouth opening. Teeth can be orientated vertically or angled diagonally forward to help cut through the sediment.

10 The Oyster Closed Season byelaw will not form a part of the category B permit conditions, but will remain in place as a standalone byelaw.

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These teeth penetrate into the sediment disturbing the buried clams which are subsequently caught and retained in the dredge. The posterior metal box is made up of bars, whosewho’s spacing also varies from 1.4 to 3.4 cm. This allows the dredge to pass through the sediment and unwanted debris can escape through the bars. Spacing may vary depending on the target species, with a larger bar spacing used for the hard-shell American clam, which has a greater minimum legal size than the Manila clam.

Typically, one or two dredges, although up to three has been observed, are deployed side by side, depending on the size of the boat, from the stern. The dredge is typically deployed using a mechanized winch to lower the gear to the sea bed and lift it back onto the vessel. The dredge is attached to the vessel using a rope which is typically tied to the tow riddle (Figure 2). The angle at which the dredge is towed depends on the tow riddle configuration; the further forward the rope is attached to the dredge, the steeper the angle it will penetrate into the sediment. The dredge is towed along the seabed in straight lines in the direction of the boat. Tows can vary in length and a vessel will go back and forth over the same fishing ground. Once back on deck, the dredge is emptied onto a griddle where the catch is, washed, sorted and sized. The griddle spacing is often optimised to allow for undersized clams to return straight back to the seabed.

Figure 1. Box dredge used in the Solent clam Figure 2. Box dredge tow riddle fishery. (highlighted in the red box). Two tow riddles are present on the front of the top of the riddle, one of each side. A rope attaches to the dredge through the holes in the tow riddle. 4.2.2 Oyster dredging

A type of mechanical dredge, known as a ladder dredge is used to fish for oysters in the Solent (Williams and Davies, 2018). A ladder dredge consists of a metal frame with parallel bars at the base of the dredge mouth which form a ‘ladder’, a set of skis at both ends of the dredge base and a posterior mesh chain-link bag used to collect oysters (Figure 1). The skis allow the dredge to sit on the seabed whilst being towed. Unwanted debris passes and sediment pass through the mesh chain-link bag. A diving plate is fitted to the top of the dredge and helps to stabilise the dredge during deployment. The ladder, which reduces penetration into the sediment when compared with toothed dredges such those used for clam dredging in the Solent, can be up to 8.5 cm long, with parallel bars spaced approximately 4.5 cm apart. As stipulated by the ‘Oyster Dredges’ byelaw (see section 6.4), the width of a dredge cannot exceed 1.5 m in width.

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Figure 3. Ladder style oyster dredge similar to those used within the Solent oyster fishery.

One or two dredges are deployed side by side, depending on the size of the boat, from the stern. The dredge is typically deployed using a mechanized winch to lower the gear to the sea bed and lift it back onto the vessel. The dredge is attached to the vessel using a metal wire and is towed along the seabed in straight lines in the direction of the boat. Once back on deck, the dredge is emptied onto sorting table where the catch is sorted and sized.

5 Location, Effort and Scale of Fishing Activities

5.1 Clam Dredging

Prior to the introduction of the Solent Dredge Fishing byelaw in November 2017, clam dredging took place all year round within the Solent. The activity predominantly targets the non-indigenous Manila clam (Ruditapes philippinarum), although the American hard-shell clam (Mercenaria mercenaria) and occasionally cockle (Cerastoderma edule) are also targeted. Infrequent catches of the indigenous Grooved Carpet Shell clam (Ruditapes decussatus) also occur.

The Manila clam was first brought to Britain in 1980 by the then UK government’s Ministry of Agriculture, Fisheries and Food (MAFF). At introduction there was an assumption the species would not naturalise (because of water temperatures restricting reproduction) however this proved incorrect and manila clams are now ordinarily resident in the Solent and other English estuaries. It is thought the Manila clam was introduced into the Solent and Southampton Water in around 2005 (Tumnoi, 2012), with a fishery developing shortly after in 2007/08.

Location

Clam dredging takes place in distinct, small spatial areas, where shellfish beds exist. These largely include the eastern harbours and several discrete areas in Southampton Water and Lee on Solent (Annex 5) (Williams and Davies, 2018). These sites occur both intertidally (at high tide) and subtidally, with vessels often operating in very shallow waters.

Sightings

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During patrols carried out to monitor and assess the compliance of fishers with the fisheries regulations and byelaws, fisheries officers note sightings of fishing boats actively fishing along with the fishing type being carried out. It is not always possible to record the location georeferenced information and therefore some sightings locations are described using visual ‘markers’ to record the location, which are transcribed into estimated geo referenced locations. This is the method used to record ‘sightings’ referred to throughout this document.

Sightings data in Annex 5 illustrates the distribution of clam dredging activity between 2015 and 2018. Clam dredging is largely shown to occur within the bottom half of Southampton Water, predominantly on the western side in an area known as Ashlett Creek, but also on the eastern side outside the entrance to the Hamble and extending down towards Chilling. Activity also occurs, although to a lesser extent, north of Ashlett Creek in the upper reaches of Southampton Water in an area known as Bird Pile. The reason for which is explained by changes in shellfish classification in the area, which prior to Autumn 2016 prohibited fishing for clams from taking place. In Langstone Harbour, sightings data show clam dredging is concentrated in the north eastern quarter of the harbour within the intertidal zone, including North Lake and South Lake, with a number of sightings extending up into Broad Lake, as well as on the fringes of the subtidal along the main channel. Please note that Southern IFCAs sightings data may reflect home ports of patrol vessels, high risk areas and typical patrol routes and therefore are only indicative of fishing activity. Over the period covered by the sightings data (2015-18), it is likely the geographical extent of the fishery is well reflected,reflected; howeverhowever, intensity may be skewed by aforementioned factors. In Portsmouth Harbour clam dredging occurs throughout the central areas (Portchester and Bombketch Lakes) of Portsmouth Harbour over mudflats and in the subtidal channels.

Fishing Effort

Over the last three years (2015-2017), it is estimated that the clam fishery has supported between 14 and 20 vessels, some on an ad-hoc basis. The number of vessels was greatest in 2015 at 20 vessels and has declined slightly to 14 in 2016 and 18 in 2017. It is important to note not all vessels engage in the fishery at the same time. On average, 3 to 4 vessels operate on any one day across the whole site on fishable days when weather and tide permit. Due to the tidal restriction on the fishery, vessels are not able to operate at all states (high/low) and sizes (spring/neap) of tide.

Vessels that take part in the fishery largely operate out of Portsmouth Harbour, with other vessels operating out of Warsash, Southampton Water and Langstone Harbour.

Landings

Landings data is recorded for first-sale fish and shellfish as part of the Buyers and Sellers legislation and is provided by the Marine Management Organisation (MMO). This landings data was recently analysed and fed into a report on the value of ecosystem services provided by shellfish in the Solent (Table 2) The analysis was conducted by Southern IFCA and involved differentiating the landings data, which is reported by the port of landing, into the different shellfish areas within the Solent, including Portsmouth Harbour, Langstone Harbour, Southampton Water, Southampton Water Approaches and Hill Head. This was undertaken based on sightings, inspections and officer knowledge and as such represent estimates based on best available evidence. A number of assumptions were made in order to estimate the live weight landed from each shellfish area and include the following:

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- Vessels who identify Portsmouth as their port of landing fish areas in Portsmouth Harbour, Langstone Harbour, Southampton Water Approaches, Hill Head and Southampton Water, so landings into Portsmouth were split accordingly based on vessel sightings and inspections. - Landings for Lymington and Keyhaven have been associated with fishing in Southampton Water. - Vessels who identify Southampton or the Hamble as their ports of landing fish areas in Southampton Approaches, Southampton Water or Hill Head. Landings into Southampton were split accordingly. - Vessels who identify Langstone as their port of landing fish areas in Langstone Harbour. - The landings data reported ‘mixed clams’ and based on the lack of other commercially caught clam species this data has been split between Manila and American hard-shell clam.

It should be noted the landings data provided by the MMO may be subject to under reporting and should be treated with caution. The landings for the latter part of 2017 is still provisional and may increase as more data is processed.

Table 1. Shellfish landings by species and volume from shellfish waters (Southampton Water, Southampton Approach, Hill Head, Portsmouth Harbour and Langstone Harbour) in the Solent from 2015 to 2017.

Shellfish water and Landings by species (tonnes) year Hard-shell Native (Pacific Portsmouth Harbour Manila clam clam Cockle oyster oyster)11 2015 36.89 4.5 10.96 1.6 NA 2016 6.84 0.58 3.77 2.5 NA 2017 19.126 2.37 0.98 2.1 NA Langstone Harbour 2015 6.88 4.23 0 1.6 NA 2016 4.13 4.13 0 24.5 NA 2017 8.56 5.07 0 5.72 NA Southampton Water 2015 0 0 0 0 NA 2016 8.78 0.767 0 0 NA 2017 7.57 3.36 0 0 NA Southampton Approach 2015 158.85 19.67 0.263 0 NA 2016 47.62 2.87 1.216 0 NA 2017 8.93 3.36 0.284 0 NA Hill Head

11 Pacific oysters have been recently classified in Portsmouth and Langstone Harbour (November 2017) and it seems that they may be landed by fishing vessels in the near future (most likely as a bycatch of other fisheries). Currently this is not reflected in the landings data, and over the 3-year period (2015-17) only 0.385 tonnes hashave been reported (the origin of which is unknown). It is possible that more landings will be reported for this species based on its recent classification.

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2015 6.22 2.31 0 0 NA 2016 9.66 2.87 0 0 NA 2017 8.57 2.41 0 0 NA

The landings data displayed in Table 2 show Manila clam, followed by American hard-shell clam as the most landed species from 2015 to 2017. The highest volume of landings were taken from Southampton Approach and Portsmouth Harbour, with the patterns in landings data different for each area. Landings from Portsmouth Harbour and Langstone Harbour appeared to dip in 2016, the magnitude of which varies depending species and area. In Southampton Approach, landings sharply declined from 2015 to 2017 in both species, whereas landings increased in Southampton Water. The latter can be explained by a change in the shellfish classification. Landings from the Hill Head area appear to be relatively consistent between years.

5.2 Oyster Dredging

The native oyster (Ostrea edulis) has been historically fished in the Solent since the 18th century. Oyster dredging is an established fishing activity in the Solent and the modern fishery developed during the 1960s. From 1972 until 2006 it was Europe’s largest self-sustaining flat oyster fishery, peaking between 1970 and 1980. From 2007, the population and fishery have been declining. The reason for the decline remains unknown but is likely to be caused by a combination of factors.

The target species of the fishery is the Native oyster (Ostrea edulis) although catches may include the non-native Pacific oyster (Crassostrea gigas).

Up until 2010, the fishery was managed by the Solent Oyster Fishery Order 1980, a regulating order which limited the vessels entering the vessel and a closed season (1st March – 31st October), which still exists. In 2010, it was decided the regulating order would not be renewed due to the ongoing decline of the fishery and the area is now a public fishery. Management of the fishery after 2010 is summarised in Table 3. This includes closure of the wider Solent (including Southampton Water) from 2013/14 season onwards which was achieved using the ‘Temporary Closure of Shellfish Beds’ byelaw. Table 2. Management of the Solent oyster fishery after the Solent Fishery Order 1980 expired in 2010 in response to continued declines in the population. Season Management 2010/11 Regulating order expired and fishery became public fishery. Closed season still operated from 1st March till 31st October. 2011/12 Closed season 1st March till 31st October. 2012/13 Closed season 1st March till 31st October. 2013/14 Public fishery was closed in the wider Solent (including Southampton Water) and a shorter season of four weeks from 31st October. Eastern harbours, Langstone and Portsmouth remained open for the shorter season. 2014/15 Public fishery was closed in the wider Solent (including Southampton Water) and a shorter season of two weeks from 31st October. Eastern harbours, Langstone and Portsmouth remained open for the shorter season. 2015/16 Public fishery was closed in the wider Solent (including Southampton Water) and a shorter season of two weeks from 31st October. Eastern harbours, Langstone and Portsmouth remained open for the shorter season.

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2016/17 Public fishery was closed in the wider Solent (including Southampton Water). Eastern harbours, Langstone and Portsmouth, defaulted to the ‘Oyster Close Season’ byelaw (i.e. open for four months between November and February). 2017/18 Public fishery was closed in the wider Solent (including Southampton Water). Eastern harbours, Langstone and Portsmouth, defaulted to the ‘Oyster Close Season’ byelaw (i.e. open for four months between November and February). Additional closed areas for all types of bottom towed fishing gear were introduced in November 2017, including previously fished areas within Langstone Harbour. 2018/19 Apart from the Ryde Middle bed and Portsmouth Harbour, a Temporary Closure was applied to all oyster beds in the Solent area and associated harbours.

Location

Oyster dredging takes place in distinct, small spatial areas where shellfish beds exist (Williams and Davies, 2018). Fishing effort is typically focused upon subtidal habitats. Historical oyster beds within the wider Solent and Southampton Water, which have been closed since the 2013/14 season and are illustrated in Figure 4. Remaining areas, located within the SPAs and, subject to fishing occur within Langstone and Portsmouth Harbours. Oyster dredging in Portsmouth Harbour occurs subtidally in the main channels. These areas include the channels running up the north eastern quarter of the harbour, an area known as Sword Sands, located centrally within the harbour and Sinah Lake located in the south east corner of the harbour. Southampton Water has also been closed since 2013/14 season. In the 2018/19 season only Ryde Middle and Portsmouth Harbour areas will be open for the season. Following the introduction of the Bottom Towed Fishing Gear 2016 byelaw in November 2017, a number of areas within Langstone Harbour have been permanently closed to all types of bottom towed fishing gear, including Sinah Creek. See ‘Existing Management’ section for further information. In Portsmouth Harbour this includes the seagrass beds in the north west of the harbour, and small distinct areas of saltmarsh along the north west coast as well as Cams bay.

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Figure 4. Historical Native oyster (Ostrea edulis) grounds in the wider Solent. Source: Palmer & Firmin, 2011.

Sightings

There are limited oyster dredging sightings for the most recent oyster seasons (2015/16, 2016/17, 2017/18). The limited sightings data show oyster dredging to occur within and close to the channels within Langstone Harbour, including the main channel and Russel Lake. Knowledge of the fishery however gives an insight into key areas where oyster dredging takes place. Fishing effort is generally concentrated subtidally within the channels of the north eastern quarter of the harbour. Activity is also known to take place in an area known as Sword Sands, located centrally within the harbour and more recently (2016/17 season) in Sinah Lake in the south east corner of the harbour. Since November 2017, Sinah Lake has been closed to bottom towed fishing gear but is still permitted to occur in the other areas of the harbour. Recent oyster dredging sightings in Portsmouth Harbour shows the activity occurs subtidally in the main channels.

Fishing Effort

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The number of vessels participating within the fishery has largely declined over the last ten years or more. In 2002/03, the fishery supported 77 licenses and in 2009/10 the number of licenses had declined to 22 (Figure 5). The Solent regulating order expired after the 2009/10 season, removing the need for individual oyster licenses.

More recently, over the last three years (2015-2017), it is estimated that the oyster fishery has supported between 14 and 17 vessels. The number of vessels was greatest in 2016 at 17 vessels and lowest in 2015 at 14 vessels, with the most recent year (2017) supporting 15 vessels. It is important to note that typically a large proportion of vessels will engage in the fishery in the first 1 to 3 days of the fishery, and thereafter the number of vessels will rapidly decrease, leaving on average 1 to 2 fishing on any one day for the remainder of the season, weather and conditions permitting.

Figure 3. The number of licenses taken out for the Solent oyster fishery between 2000 and 2010 from the Southern Sea Fisheries Committee (SSFC). Source: Kamphausen, 2012.

Landings

Recent landings data (2015-2017) for the native oyster is displayed in table 2. Please also refer to the associated text for this landings data in section 3.3.1.4.

The landings data displayed in table 2 show the two areas open to oyster fishing in recent years; Portsmouth Harbour and Langstone Harbour. Landings from Portsmouth Harbour appear to be relatively consistent, peaking slightly in 2016. Landings from Langstone Harbour on the other hand fluctuate between years, with the highest quantities of native oyster landed in 2016 at 24.5 tonnes;

Page 23 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 the majority of which came from one area known as Sinah Lake. Sinah Lake was permanently closed to bottom towed fishing gear in November 2017 so could not be fished in the 2017/18 oyster season.

6 Test of Likely Significant Effect (TLSE)

The Habitats Regulations assessment (HRA) is a step-wise process and is first subject to a coarse test of whether a plan or project will cause a likely significant effect on an EMS12. Each feature/supporting habitat was subject to a TLSE, a summary table is provided in Annex 17. Only those features and sub features where there was a potential for likely significant effect have been included.

12 Managing Natura 2000 sites: http://ec.europa.eu/environment/nature/natura2000/management/guidance_en.htm

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7 Appropriate Assessment

Note: this is only to be undertaken if the Test for LSE (section 7) concluded ‘Yes’ or ‘Uncertain’ for LSE, either alone or in-combination.

7.1 Co-location of Fishing Activity and Site Features/Supporting habitat(s)

Key areas favoured by designated bird species in the Chichester and Langstone Harbours SPA are summarised in Table 8.

Table 3. Key areas for designated bird species in the three Solent SPAs (Langstone Harbour Only, Portsmouth Harbour and Solent and Southampton Water. Source: Frost et al., 2016 & 2018, Natural2018, Natural England (2018, 2018a and 2018b) and Stillman et al., (2009). Formatted: Normal, Don't keep with next Latin Common Name Favoured Area(s) Formatted Table Name Black tailed Godwit Limosa Important roosting areas include Southampton Water and the North-West Solent, particularly important limosa feeding areas for black-tailed godwit include Beaulieu Estuary, Newtown Harbour, and North-West Solent. In Portsmouth Harbour the largest numbers feed along the western shores of the Harbour, at Cams Bay and Paulsgrove Lake. Important roost sites are located at the RSPB Islands, Farlington Marshes, the Langstone Oyster beds, Sword Sands and Kench Spit in Langstone Harbour.

Bar-tailed godwit Limosa In Langstone harbour, at low tide, the great concentrations occur on sandy sediments north and south of lapponica the RSPB islands, at Sward and Mallard Sands, North of Sinah Lake, around the Oyster beds and along the harbour's west shore. Roosts are on RSPB Islands, Farlington Marshes, the Langstone Oyster beds, Sword Sands and Kench Spit in Langstone Harbour.

Curlew Numenius In Langstone Harbour at low tide Curlew spread throughout the harbour mudflats, with slightly denser arquata groups around the RSPB islands. Farlington Marshes, the Oyster beds, the RSPB islands and Kench Spit provide important roost habitat for curlew overwintering in Langstone Harbour. Dark-bellied Brent geese roost on the water overnight. During the day, they exhibit sub-population preferences and will roost close to preferred feeding areas.

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Dark-bellied Brent Branta In Langstone Harbour Brent geese feed throughout the harbour's mudflats with denser groups at goose bernicla Chalkdock Lake, south of Sinah Lake, south of North Binness Island and around the oyster beds. bernicla Important supporting habitat is also found on Hayling and Portsea Islands. In Portsmouth Harbour the largest numbers feed along the north, and north western shores particularly Paulsgrove Lake, as well as at Tipner Lake, and Forton and Haslar Lakes. Dark-bellied Brent geese roost on the water overnight. During the day, they exhibit sub-population preferences and will roost close to preferred feeding areas. Important feeding sites in the Solent include south of the Hamble estuary mouth, Calshot marshes, Lepe Country Park and Newtown harbour. Roosting sites in Solent and Southampton Water SPA include Southampton Water, Beaulieu Estuary, Newtown Estuary, and North-West Solent. Important seagrass beds are found at Hurst, Calshot and Stubbington in the Solent and Southampton Water SPA. Dunlin Calidris At low tide, dunlin are found in high densities throughout Langstone Harbour particularly north of Sinah alpina Lake, around the RSPB Islands and along stoke shore. In Portsmouth arbour the largest numbers feed in high densities along the north coast of the harbour specifically around Halfebb lake and Bombketch lake mudflats as well as Paulsgrove lake. In Langstone Harbour, dunlin roost throughout the harbour on Farlington Marshes, the Oyster beds, Kench Spit and Railway Bank and at Eastney Lake Spit

Grey plover Pluvialis At low tide, grey plover occur sparsely throughout the harbour particularly south of the RSPB Islands and squatarola around the oyster beds in Langstone Harbour. Farlington Marshes, the Oyster beds, the Kench Spit & Railway Bank are important roosts for grey plover in Langstone Harbour. Pintail Anas Localised flocks are found in and around Farlington Marshes and in Chalkdock Lake in north Langstone acuta Harbour. In Langstone Harbour, they roost on the RSPB Islands, Farlington Marshes, the Oyster beds and Southmore Spit and on open water. Red-breasted Mergus In Portsmouth Harbour, at low tide, the largest numbers are found in the main Channel and Paulsgrove merganser serrator Lake Channel as well as Portchester Lake Channel. The majority of birds in Langstone Harbour are found in the Deeps, and the main channels..channels. Red breasted merganser favour deeper waters to the east of Farlington Marshes and towards Langstone Bridge. Redshank Tringa Low tide WeBS distribution maps reveal sparse populations of redshank throughout the harbour including totanus with the highest densities occurring in Chalkdock Lake, on the upper western side of Hayling Island near to North Hayling Oyster Beds and around Farlington Marshes. Redshank roost on the RSPB Islands, Farlington Marshes, Oyster beds, Kench Spit, Kench Railway Bank, Eastney Lake Spit and on the beach on the north side of Kendall’s Wharf in Langstone Harbour.

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Ringed plover Charadrius Ringed plover are widespread at low tide with small numbers around most of Langstone Harbour. In hiaticula Langstone Harbour roosts are on the RSPB islands, Farlington Marshes, the Oyster beds, the Kench Spit and Railway Bank and the Eastern Road bridge. The main roosting areas for ringed plover in Solent and Southampton Water SPA are Southampton Water, the North-West Solent, Beaulieu Estuary and Newtown Harbour. Sanderling Calidris Sanderling distribution is related to sediment. At low tide, populations are concentrated at Sword Sands in alba Langstone Harbour. In Langstone Harbour, they roost in the main bird areas such as the RSPB Islands, Farlington Marshes, the Oyster beds, the Kench and Sword Sands.

Shelduck Tadorna At low tide, shelduck spread throughout the harbour's mudflats and channels in low densities, with the tadorna greatest concentrations occurring around Chalkdock Lake and along stoke shores in Langstone Harbour. They roost on the RSPB islands in Langstone Harbour as well as at Farlington Marshes.

Shoveler Anas Shoveler are found in very low densities in the northern reaches of Langstone Harbour at low tide. In clypeata Langstone Harbour they roost on the RSPB Islands, Farlington Marshes, the Oyster beds and Southmore spit. Teal Anas At Low tide, in Langstone Harbour, the highest densities of teal are found sparsely in thein the north and crecca west of the harbour, around Farlington Marshes and in Chalkdock Lake. In Langstone Harbour, they roost across Farlington Marshes and the intertidal creeks. Important roost sites include Southampton Water, Beaulieu Estuary, Newtown Harbour, and North-West Solent. Important feeding sites in Solent and Southampton Water SPA include Southampton Water and Newtown Harbour.

Turnstone Arenaria Low tide WeBS distribution maps reveal low densities of turnstone along on the western side of Hayling interpres Island, the eastern side of Portsea Island and around the oyster beds in Langstone Harbour. In Langstone Harbour they roost on the RSPB Islands and Farlington Marshes, as well as at the Kench Spit and Railway Bank, the west side of the Kench and Mullberry Harbour.

Wigeon Anas Wigeon flock in high densities in the north of Langstone harbour, around Farlington Marshes, the oyster penelope beds and Chalk Dock Lake. In Langstone Harbour, the main roost concentrations are seen to the west of Langstone Bridge and east of Farlington Marshes. Water Bird Native and Specific Information not available. See individual bird accounts. Assemblage migratory species

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Bird roosting sites from the Solent Waders and Brent Goose Strategy are presented in Annex 9.

A map of shellfish dredging and supporting habitats can be found in Annex 5.

Sightings data in Annex 5 for clam dredging reveal where fishing activity occurs between 2015 and 2018 in relation to supporting habitats of the site. Clam dredging occurs mainly on intertidal mud on the western side of Southampton Water, and although a number of sightings appear to be located in areas of saltmarsh, the nature of this activity and the draft of the fishing vessels engaged in this activity, would eliminate this from occurring within these areas. Therefore, these sightings are most likely to be explained by inaccurate reporting. Clam dredging also occurs on the eastern side of Southampton Water, and to a lesser extent, north of Ashlett Creek in the upper reaches of Southampton Water in an area known as Bird Pile. The reason for which is explained by changes in shellfish classification in the area, which prior to Autumn 2016 prohibited fishing for clams from taking place. Clam dredging also takes place outside the entrance to the River Hamble and south towards Chilling over intertidal mixed sediments and intertidal sand and muddy sand. Clam dredging also takes places in the north eastern quarter of Langstone Harbour largely over intertidal mud and also subtidal mixed where activity occurs on the fringe of the main channel as well as throughout the central areas of Portsmouth Harbour over mudflats and in the subtidal channels. Please note that Southern IFCAs sightings data may reflect home ports of patrol vessels, high risk areas and typical patrol routes and therefore are only indicative of fishing activity. Over the period covered by the sightings data (2015-18), it is likely the geographical extent of the fishery is well reflected; howeverhowever, intensity may be skewed by aforementioned factors.

There is a lack of oyster dredging sighting for the most recent oyster seasons (2015/16, 2016/17, 2017/18) for areas within the Solent. These seasons represent recent fishing grounds and levels of fishing effort. The means that sightings data cannot be used to illustrate the co-location of oyster dredging fishing activity and site feature/sub-features within the Solent. Knowledge of the fishery however gives us an insight into the key areas where oyster dredging takes place. Fishing effort is generally concentrated sub tidally (and on the fringes of the intertidal) within the main channels in the north eastern quarter of Langstone Harbour. It is also known to occur in an area known as Sword Sands, located centrally within the harbour and more recently in Sinah Lake in the south east corner of the harbour. Since November 2017, Sinah Lake has been closed to bottom towed fishing gear but is still permitted to occur in the other areas of the harbour. Supporting habitats within these areas are largely made up of subtidal mixed sediments (occurring within the main channels), intertidal mud and intertidal sand and muddy sand. Using knowledge presented in table 4, low tide WeBS data distribution maps (presented in Annex 6 & 7) oyster dredging may have some effect on sites used by black-tailed godwit, bar-tailed godwit, curlew, dark-bellied Brent geese, dunlin, grey plover, pintail, red-breasted merganser, redshank, ringed plover, shelduck, shoveler, teal, turnstone and wigeon. The sites used by these species, which occur in relatively close proximity to oyster dredging, include Chalkdock Lake and around the Oyster beds, the Deeps and the Langstone Channel in Langstone Harbour. It is important to note that low tide WeBS data, illustrated in Annex 6 & 7, will be indicative on when birds are feeding are low tide and oyster dredging occurs at high tide, so it is likely that oyster dredging will have very little direct impact on the disturbance of designated bird species feeding on the intertidal mudflats.

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In Portsmouth Harbour, oyster dredging is shown to occur within the main channels, with a number of sightings on the fringes of intertidal mud and very limited number of sightings occurring on the intertidal mud. As oyster dredging is concentrated sub tidally, it is unlikely that the activity will have any effect (through disturbance or changes to prey availability) on feeding sites that are utilised by a number of designated bird species at low tide.

Southampton water has been closed to oyster dredging since 2013, the wider Solent has been closed since at least 2014, with the exception of this 2018/19 season in which one bed, Ryde Middle will be open. As Southampton water and all but one bed (Ryde Middle – which is not located close to any SPA) are closed to oyster dredging, and that which can occur is concentrated sub tidally, it is unlikely that the activity will have any effect (through disturbance or changes to prey availability) on feeding sites that are utilised by a number of designated bird species at low tide.

7.2 Potential Impacts on Birds and Supporting Habitats

Using the pressures outlined in the Advice on Operations and identified in the TLSE process, a list of pressures and relevant attributes has been put together and is outlined below. In this section, these pressures are elaborated on using available scientific literature and results from relevant research.

Pressure Relevant Attribute Generic Relevant Target Abrasion/disturbance of the Supporting habitat: quality of supporting non- Maintain the structure, function and availability of the substrate on the surface of the breeding habitat following habitats which support the assemblage feature seabed for all stages (moulting, roosting, loafing, feeding) of the non-breeding period. Penetration and/or disturbance of Supporting habitat: quality of supporting non- Maintain the structure, function and availability of the the substratum below the surface breeding habitat following habitats which support the assemblage feature of the seabed, including abrasion for all stages (moulting, roosting, loafing, feeding) of the non-breeding period. Removal of non-target species Supporting Habitat: Food availability; Maintain the distribution, abundance and availability of key food and prey items. Removal of Target Species Supporting Habitat: Food availability; Maintain the distribution, abundance and availability of key food and prey items. Visual Disturbance Disturbance caused by human activity Reduce the frequency, duration and / or intensity of disturbance affecting roosting, foraging, feeding, moulting and/or loafing birds so that they are not significantly disturbed.

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Above Water Noise Disturbance caused by human activity Reduce the frequency, duration and / or intensity of disturbance affecting roosting, foraging, feeding, moulting and/or loafing birds so that they are not significantly disturbed.

Wheeler et al. (2014) identified a knowledge gap on the effects of shellfish dredging due to a lack of research. The scale of impact caused by shellfish dredging depends on a number of factors which include the scale and intensity of harvest, the size of targeted shellfish, species taken, season, weather, availability of alternative foraging sites, competition and extent of alternate food resources (Stillman et al., 2001; Goss-Custard et al., 2004; Verhulst et al., 2004; West et al., 2005).

7.2.1 Abrasion/disturbance of the substrate on the surface of the seabed; Penetration and/or disturbance of the substratum below the surface of the seabed, including abrasion

Mechanical shellfish dredges can lead to physical disturbance through a number of mechanisms including an increase in sediment suspension above background levels, an increase in turbidity as a result of resuspension, the creation of sediment plumes, changes in sediment composition and alteration to seabed topography (Mercaldo-Allen & Goldberg, 2011; Natural England, 2014; Wheeler et al., 2014).

Topography

Typically impacts include the creation of depressions and trenches and the smoothing of ripples or creation of ridges within sand environments (Wheeler et al., 2014). The depth and width of a trench is largely determined by the mode of fishing, gear type and target species (Wheeler et al., 2014). Mobile gear in general can penetrate from 5 to 30 cm into the substrate under usual fishing conditions (Johnson, 2002). Dredges can disturb the top 2 to 6 cm (Thrush & Dayton, 2002). The more benign traditional, lightweight oyster dredges towed at slow speeds, usually in estuaries, however have a relatively low impact (Sewell & Hiscock, 2005). Intertidal shellfish dredging can result in furrows up to tens of centimetres deep (Kaiser et al., 2006). An investigation into the effects of clam dredging in Langstone Harbour, where a modified oyster dredge was used, reported a clear disturbance of sediment (muddy gravel) down to a depth of 15 to 20 cm (EMU, 1992). In southern Portugal, passage of a clam dredge produced a depression 30 cm wide and 10 cm deep (Constantino et al., 2009). Impacts of trawling can leave tracks of 1 to 8 cm depth in mixed sediment habitats (Freese et al., 1999; Roberts et al., 2010). The presence of dredge tracks may exist for days (Gasper et al., 2003), weeks (Manning and Dunnington, 1955; Mercaldo-Allen & Goldberg, 2011) or months (Wheeler et al., 2014). The persistence of dredge tracks may depend on the depth at which they occur. In the Portugal-based study, dredge tracks caused by clam dredging were no longer distinguishable after 24 hours at 6 m depth but remained visible for 13 days at a depth of 18 m (Constantino et al., 2009). The magnitude of disturbance is based on

Page 30 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 the method of harvest, depth of gear penetration (i.e. length of teeth), fishing frequency, towing speed and method of deployment (Mercaldo-Allen & Goldberg, 2011).

Figure 5. Seabed scars (shown as numerous lines) potentially caused by bottom towed fishing gear. South Binness Island (tern nesting site) is located in the left hand side of the photo. Photo was taken in March 2012 by the RSPB. Source: Langstone Harbour Board.

Sediment composition

Bottom towed fishing gears have been shown to alter the sedimentary characteristics of varying substrate types including subtidal muddy sand and mud habitats (Roberts et al., 2010). Experimental clam dredging activity in Langstone Harbour, using a modified oyster dredge, led to the removal of the coarse fraction of the sediment and larger sand and fine sediment fraction, with minor differences in the silt component (EMU, 1992). The sediment type for this area was muddy gravel (EMU, 1992). In contrast, a study assessing the impacts of suction dredging for common cockle in the Dutch Wadden Sea, revealed a loss of fine silts and subsequent increase in median grain size from 166.2 m in 1988 to 179.1 m in 1994 (Piersma et al., 2001). The sediment type in the study was sand. In addition, it was speculated that the loss of adult shellfish stocks as a result of suction dredging, may have also resulted in a reduction in the production of faeces and pseudofaecespseudo faeces which contribute to the silt component of the sediment (Piersma et al., 2001).

A study by Clarke et al. (2018a), used a Before-After-Control-Impact (BACI) sampling design to assess the impacts of pump-scoop dredging on sediment characteristics in Poole Harbour. Core samples were taken from separate areas representing different levels of dredging intensity: an

Page 31 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 area that has historically been intensively dredged and remains open for a seven-month season; an area that has historically been closed to dredging but will be opened for a four-month season and an area that remains permanently closed to dredging (control site). The samples were taken in June, prior to the start of the fishing season in 2015 and November, before the end of the season. The organic content and proportion of fine sediments decreased in all sites throughout the study period, with the greatest declines in the intensively dredged site. Statistical analyses showed a significant effect with respect to site, with post-hoc tests revealing significantly less organic content at the intensively dredged site than the newly dredged and control sites, which showed no difference. However, the interaction term between time and site, which would indicate an overall impact of dredging activity in terms of relative change, appeared non-significant, thus indicating a small effect of dredging on the fine sediment content and very slight effect on organic content throughout the study period. The lower level of organic content and volume of fine sediments may be reflective of the higher fishing intensity or a more dynamic environment dominated by coarser sediments.

Clarke et al. (2018b) undertook a similar study using a nested BACI study to assess the impacts of mechanical shellfish dredging (using a box dredge and ladder dredge) on sediment characteristics in Langstone Harbour subject to three different management regimes for bottom towed fishing gear. Samples were taken on 29th November 2016 and 18th April 2017 from areas open to shellfish dredging for four months of the year (November to February) (impact treatment 1), areas recently closed to bottom towed fishing gear (permanently) (impact treatment 2) and areas historically closed to bottom towed fishing gear (permanently from January 2014) (control treatment). The timing of this study was designed to coincide with the introduction of two new byelaws; Solent Dredge Fishing byelaw, which introduces a 4-month open season (November to February) and Bottom Towed Fishing Gear 2016 byelaw which introduces additional areas permanently closed to bottom towed fishing gear. Unfortunately, there were unforeseen delays with the introduction of the new byelaws and they did not come into force until November 2017. As such, effects of the closed season could not be captured by the study, but comparisons could be between the control treatment and two impact treatments. The organic content and volume of finer sediments increased in control samples throughout the study period, small increases in organic content were also observed in the dredged area although no significant term was identified between control and dredged treatments. There was little difference in sediment composition in the dredged area over the study period.

The resuspension and dispersal of fine particles can lead to long term effects on particular sieve fraction (Pranovi & Giovanardi, 1994); potentially decreasing the clay portion of the sediment (Maier et al., 1998). Other changes in sediment character may also include a lack of consolidation of sediments (Aspden et al., 2004), the removal of stones and the removal of taxa that produce structure (i.e. tube-dwelling and burrowing organisms) (Johnson, 2002; Mercaldo-Allen & Goldberg, 2011). Such physical alterations can cause a reduction in sediment heterogeneity and structure available to biota as habitat (Johnson, 2002). In soft sediments, impacts on benthic fauna are likely to change sediment characteristics and vice versa (Piersma et al., 2001).

7.2.2 Removal of non-target species

Bottom towed fishing gear has been shown to reduce biomass, production and species richness and diversity (Veale et al., 2000; Hiddink et al., 2003). Alterations in the size structure of populations and community are also known to occur (Roberts et al., 2010). When dredges are towed along the seafloor, surface dwelling organisms can be removed; crushed, buried or exposed and sessile organisms will be removed from the

Page 32 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 substrate surface (Mercaldo-Allen & Goldberg, 2011). Direct burial or smothering of infaunal and epifaunal organisms is possible due to enhanced sedimentation rates (Mercaldo-Allen & Goldberg, 2011). In a meta-analysis of 39 studies investigating the effects of bottom towed gear, there was an overall reduction of 46% in the abundance of individuals within disturbed (fished) plots (Collie et al., 2000). In studies investigating the effect of intertidal dredging, it was common to observe 100% removal of biogenic fauna (Collie et al., 2000). This was observed in an experimental study conducted in Langstone Harbour, where the fauna were seen to either be completed removed or considerably reduced by the dredging activity using a modified oyster dredge (EMU, 1992). In the same study, species richness was also found to decrease with a mean number of 6.5 species in the control site compared with 4.4 in the dredge site (EMU, 1992). Another study based in the River Exe in Devon, found that harvesting of manila clams (Tapes philippinarum) by hand raking and suction dredging caused an initial reduction of 50% and 90% respectively, in species diversity and abundance (Spencer, 1997). The meta-analysis found that the magnitude of the response of fauna to bottom towed fishing gear varied with gear type, habitat (including sediment type) and among taxa (Collie et al., 2000).

Whilst dredging causes direct mortality to small and large infaunal and epifaunal organisms, many small benthic organisms such as crustaceans, polychaetes and molluscs, have short generation times and high fecundities, both of which enhance their capacity for rapid recolonization (Coen, 1995). In such instances, the effect of dredging may only be short term. It is thought that short-term and localized depressions in infaunal populations is not a primary concern within subtidal habitats (Coen, 1995).

Vulnerable groups and species

The relative impact of shellfish dredging on benthic organisms is species-specific and largely related to their biological characteristics and physical habitat (Mercaldo-Allen & Goldberg, 2011). The vulnerability of an organism is ultimately related to whether or not it is infaunal or epifaunal, mobile or sessile and soft-bodied or hard-shelled (Mercaldo-Allen & Goldberg, 2011). Epifaunal organisms inhabiting the seabed surface are subject to crushing or at risk of being buried, in addition to effects of smothering; whilst infaunal organisms living within sediment may be excavated and exposed (Mercaldo-Allen & Goldberg, 2011). A number of studies have found soft-bodied, deposit feeding crustaceans, polychaetes and ophiuroids to be most affected by dredging activities (Constantino et al., 2009). This is supported by a meta-analysis conducted by Collie et al. (2000) who predicted a reduction of 93% for anthozoa, malacostraca, ophiuroidea and polychaete after chronic exposure to dredging. Furthermore, a study looking at the effects of mechanical cockle harvesting in intertidal plots of muddy sand and clean sand, found that annelids declined by 74% in intertidal muddy sand and 32% in clean sand; and molluscs declined by 55% in intertidal muddy sand and 45% in clean sand (Ferns et al., 2000).

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Similar results were reported by EMU (1992), who found a distinct reduction in polychaetes, but less distinct difference in bivalves, after dredging had taken place and between dredged and control samples. This corresponds with analysis completed by Collie et al. (2000) who reported that bivalves appeared to less sensitive to fishing disturbance than anthozoa, malacostraca, ophiuroidea, holothuroidea, maxillopoda, polychaeta, gastropoda and echinoidea,

A number of studies have highlighted species that are particularly vulnerable to dredging as well as those which appear to be more tolerant. For example, the polychaete Lanice conchilega is highly incapable of movement in response to disturbance and therefore takes a significant period of time to recolonise disturbed habitats (Goss-Custard, 1977). Deep burrowing molluscs, such as Macoma balthica, also have limited capability to escape. Following suction dredging for the common cockle on intertidal sand, the abundance of Macoma declined for 8 years from 1989 to 1996 (Piersma et al., 2001). Ferns et al. (2000) reported reductions of 30% in the abundance of Lanicea conchilega in intertidal muddy sand after mechanical cockle harvesting (using a tractor) took place, although abundances of Macoma balthica increased. The same study also revealed large reductions of 83% and 52% in the abundance of the polychaete Pygospio elegans and Nephtys hombergii, respectively (Ferns et al., 2000). The former species remained significantly depleted in the area of muddy sand for more than 100 days after harvesting and the latter for more than 50 days (Ferns et al., 2000). Other polychaete species also thought to be particularly affected are Arenicola, Scoloplos, Heteromastus and Glycera (Collie et al., 2000). A meta-analysis of 38 studies investigated the initial impacts (0-10 days post-fishing) of intertidal harvesting on bird prey resources down to a specie-level response. The study reported reductions in all species (23.58% in Cerastoderma edule, 16.18% in Nephtys spp., 47.25% in Hydrobia (Peringia) ulvae, 48.78% in Scoloplos spp), although only significant for Scoloplos spp. and except for Macoma baltica which increased by 14.09% (Clarke et al., 2017).

The aforementioned 8 year8-year decline in Macoma following suction dredging for the common cockle on intertidal sand between 1989 and 1996, was also accompanied by a loss of Cerastoderma edule (Piersma et al., 2001). Declines of bivalve stocks were caused by a particularly low rate of settlement in fished areas (Piersma et al., 2001). It is speculated the reason for a lack of settlement was caused by sediment re-working from suction dredging, in particular the loss of fine-grained sediments which are conducive to bivalve settlement (Piersma et al., 2001).

Site-specific studies

Clarke et al. (2018b) investigated the impacts of mechanical shell dredging (using a box and ladder dredge) on infaunal communities in Langstone Harbour, subject to three management regimes (outlined in section 5.2.1, Sediment composition). A spatially nested BACI designed was used to estimate and account for spatial variation in benthic community compositions. Samples were taken were taken towards the start and end of the dredge season from three treatments (two impact and one control, outlined in section 5.2.1). In each treatment, two stations (200-250m apart) were sampled and in each station five cores were taken. This spatially nested sampling design allows the assessment of within- and between-

Page 34 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 treatment differences and this allows any dredging effects to be isolated from spatial variation in community structure. Multivariate analyses on benthic community data was performed to assess the amount of variation and differences between treatments, stations and patches.

The results show the dredged site was dominated by higher abundances of polychaetes (including Melinna palmata, Tharyx sp., Nephtys hombergii and Streblospio sp.) and the oligochaete Tubificoides benedii, compared with the control site which was dominated by the mudsnail Peringia ulvae, oligochaete T. benedii and aggregations of Ampharete lindstroemi, a polychaete. Differences in the relative abundance of certain species between the control and dredged sites were evident, including P. ulvae, Cerastoderma edule and Capitella sp. (Figure 6). Generally, there a higher abundance of small annelid worms in the dredged site, whilst the abundance of molluscs was greater in the control site. These results are in broad agreement with outcomes of recent work on the impacts of novel dredge gear in Poole Harbour, where reductions in mollusc species and increase in opportunistic polychaete species were also reported. Whilst relative abundances show clear differences across treatment areas, this cannot be considered to be a result of the three management regimes.

Multidimensional scaling ordination of infaunal samples show a clearing grouping of control samples, whilst samples from dredged sites were less closely grouped, demonstrating increased variation in patches from the dredged site when compared to the control site. Multivariate analyses on community composition revealed no effect of treatment (impact versus control), station (north versus south) or sampling time (November versus April), however there was a significant effect of individual sampling patch (5 within each station). This indicates high levels of spatial variation and patchiness in community composition, although this cannot be attributed to an effect of dredging activity. A significant interaction between sampling time and patch was also reported, indicating the level of change in community composition between sampling times varies between patches. As such, these results demonstrate the patchiness of the environment, which could have been mistaken Figure 6. Species densities at control and impact sites in November 2016 (dark grey) and April 2017 (light grey bars) as a treatment effect (i.e. caused by dredging) if variation at a smaller spatial scale for a) Peringia ulvae, b) Cerastoderma edule, c) (between scales and patches) was not accounted for using a spatially nested BACI survey Tubificoides benedii, d) Tharyx spp., e) Capitella sp. and f) design. High levels of variability observed across stations and treatments may be attributed Streblospio sp. Source: Clarke et al., (2018b). to differences in environmental conditions, rather than the three management regimes.

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Having said this, disturbance events, either natural or human-induced, can increase variability which could be in the case in dredged sites where higher variability was evident.

Interpretation of these results should be in the context of natural variability within the survey area, the short monitoring period and lack of management due to unforeseen delays in the introduction of the new byelaws.

7.2.3 Removal of target species

Dredging for clams leads to a reduction in the average clam length, with the heaviest fished areas leading to the largest decreases (Clarke, 2018). During a dredging season of six months, up to 95 percent of the legal harvestable clams (>35mm) as well as a large proportion of those slightly undersize (30 – 35 mm) can be removed. However, recruitment can continue to take place irrespective of harvesting intensity. The change in abundance of clams after a dredge season is much greater in a heavily fished site (Clarke, 2018). Similarly, the level of secondary productivity is significantly lower in a heavily dredged site compared to a control, and site dredged at moderate intensity (Clarke, 2018).

7.2.4 Smothering and siltation rate changes; Changes in suspended solids

The resuspension of sediment can impact upon benthic communities through smothering, burial and increased turbidity. These effects may extend to organisms living a distance away from the fished area (Kyte & Chew, 1975). If high levels of sediment are resuspended and exposure to such events is regular, impacts may be severe (Mercaldo-Allen & Goldberg, 2011). Increased turbidity can inhibit respiratory and feeding functions of benthic organisms, in addition to causing hypoxia or anoxia (Morgan & Chuenpagdee, 2003). Sediment resuspension can jeopardise the survival of bivalves and fish as a result of clogged gills and inhibition of burrowing activity (Dorsey & Pederson, 1998). Small organisms and immobile species are particularly vulnerable to smothering (Manning, 1957). A redistribution of finer sediment can also hinder the settlement of organisms if shell or cultch material is buried (Tarnowski, 2006). The severity of such impacts are largely determined by sediment type, the level of sediment burden and the tolerance of organisms which is largely related to their biology (i.e. size, relationship to substrate, life history, mobility) (Coen, 1995).

7.2.5 Changes in prey availability

Prey availability can be modified directly through the targeted removal of shellfish species that also form a prey item of designated bird species; and indirectly through physical disturbance or damage to supporting habitats which can result in changes to community structure, the removal and mortality of non-target organisms through interaction with fishing gear and smothering of prey species through increased sedimentation (Natural England, 2014).

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Direct competition

Commercial shellfisheries can provide a potential source of conflict by competing with the same food resources as certain bird species (Schmechel, 2001; Atkinson et al., 2003). The removal of food resources by shellfishingshell fishing therefore has the potential to have detrimental effects on the amount of food available per bird and subsequently increases the chance of a threshold being reached where mortality from starvation begins to increase (West et al., 2005; Navedo et al., 2008). The removal of shellfish from productive beds, along with associated disturbance, can drive birds from preferred feeding grounds to areas of poorer quality. This can lead to an increase in bird densities and a subsequent intensification of interference and exploitation competition for food which can reduce intake rate and probability of starvation, particularly in winter (Goss-Custard & Verboven, 1993; Clark, 1993; Goss-Custard et al., 1996). It is important to understand to what degree bird species are able to switch to other food resources, if their target species (that may also be the target species of the fishery) is reduced (Schmechel, 2001). It was reported by Zwarts et al. (1996a) that along the north west European coast there are limited possibilities of alternative prey items for certain bird species, especially in winter due to changes in availability (Schmechel, 2001). Using individual behaviour-based models it has been shown that shellfish stocks should not fall below 2.5 to 8 times the biomass that shorebird populations require to survive (Stillman et al. 2003; Goss-Custard et al. 2004; Stillman et al. 2010).

A link has been shown between the state of shellfish stocks and oystercatcher survival in the Wash (Schmechel, 2001). The Wash, constitutes an important estuary for supporting large numbers of wintering waterfowl (310 000), including internationally important numbers of knot and oystercatcher (Schmechel, 2001; Atkinson et al., 2003). The area also supports one of the three major cockle fisheries in Britain (Atkinson et al., 2003). The majority of cockle harvesting involves the use of continuous delivery hydraulic suction dredges (Bannister, 1998; 1999). Between 1990 and 1999, stocks of cockles and mussels collapsed following a period of poor recruitment and high levels of fishing effort in the 1980s (Bannister, 1998; 1999). During this period, oystercatcher populations fell from 110,000 to 40,000 (Atkinson et al., 2000). Population modelling has confirmed that declines in the availability of these prey items were associated with changes in oystercatcher survival between 1970 and 1998, which included three periods of mass mortality (Atkinson et al., 2003). Oystercatchers are particularly sensitive to low cockle stocks in years where stocks of mussels are also low and in the Washand, in the ,Wash, it is thought that mussels act as a buffer during periods when cockle numbers are low (Atkinson et al., 2003; Velhurst et al., 2004). In the Wash, oystercatcher mortality occurred during winters when stocks of both species were low (Atkinson et al., 2003).

Atkinson et al. (2010) investigated overall changes in the waterbird assemblage in the Wash between 1980-1982 and 2002-2003. During this study period, the waterbird assemblage underwent a gradual change from one being dominated by species with a high proportion of bivalves or ‘other’ prey i.e. crustaceans and fish in their diet to those with a higher proportion of worms (Atkinson et al., 2010). Three winters in this period were characterised by elevated levels of oystercatcher mortality, 5 to 13 times greater than normal winter levels (Atkinson et al., 2010). The great declines were observed in oystercatcher, knot and shelduck (Atkinson et al., 2010). Bar-tailed godwit and grey plover showed large increases over the study period. As expected, these changes were found to be significantly related to mussel and cockle stock levels and nutrient levels to a lesser extent (Atkinson et al., 2010). Six out of 11 bird species investigated, showed significantly lower rates of annual change in the 10 years before and after the crash of mussel stocks (which occurred during 1992) (Atkinson et al., 2010).

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There have also been changes in the bird populations in other areas were cockle fisheries are known exist. Like the Wash, the Burrey Inlet cockle fishery saw a decrease in the number of oystercatchers feeding in the inlet for a number of years, in response to removal of less than 25% of available cockle stocks (Norris et al., 1998). Oystercatcher numbers remained stable or slightly increased from 1970 to 1986, before declining through to 1993 and then recovering slightly (Schmechel, 2001). In the Thames, there has been a consistent increase in the number of birds from 5000 in the 1970s to 16000 in 1997/98, despite a simultaneous increase in cockle dredging (Schmechel, 2001).

Stillman et al. (2001) used a behaviour-based model to investigate the effects of present-day management regimes of the Exe estuary mussel fishery and Burry Inlet cockle fishery on the survival and numbers of overwintering oystercatchers. Results of the study concluded that at present intensities (2 fishing units in the Exe estuary and 50 fishing units in Burry Inlet) in both fisheries does not cause oystercatcher mortality to be higher than it would be in absence of the activity (Stillman et al., 2001). Theoretical changes in management, such as fishing effort, a reduction in the minimum size of target species and increase in the daily catch quota were shown to have an impact on oystercatcher mortality and population size (Stillman et al., 2001). Different fishing methods were investigated as part of the study. The model predicted the use of dredges on either estuary increased the time birds would spentspend feeding and the use of supplementary feeding areas (Stillman et al., 2001). As would be expected, the removal rates of mussels and cockles using mussel dredges and suction dredges were much greater that hand-raking or hand-picking (Stillman et al., 2001). Sixty suction dredges could kill all the Burry Inlet oystercatchers (Stillman et al., 2001). Hand-raking for mussels however was found to reduce the area of beds, permanently increase interference and disturb birds, temporarily increasing interference, whilst dredging for mussels only decreased bed area (Stillman et al., 2001). The varying impacts of different fishing methods reflect differences in the way they deplete shellfish stocks (Stillman et al., 2001).

Size of prey species

The exact role of the fishery and its effect on bird population, as a result of direct competition, will largely depend on the different size fractions of the stock that may be exploited by fishers and birds (Schmechel, 2001). Whilst there may be an overlap in the size of cockles taken by both fishers and birds, most bird predation is of a smaller size class than fishers take (Norris et al., 1998). If sizes overlap there can be a genuine conflict of interest between the birds and the fishery, therefore larger minimum sizes are therefore more favourable to birds (Lambeck et al., 1996). Oystercatchers have shown a preference for older cockles, 20 to 40 mm, and will not take cockles less than 10 mm when these larger size classes are available (Hulscher, 1982; Zwarts et al., 1996a). On the other hand, oystercatchers do not necessarily chosechoose the largest cockles as they are difficult to handle, with studies reporting that larger cockles were refused more often than small ones (Zwarts et al. 1996a). Oystercatchers are known to refuse small prey due to low profitability and the size of cockles left after fishing may therefore have an impact on feeding rate of the oystercatcher (Zwarts et al. 1996b; Wheeler et al., 2014).

Indirect effects

Fishing activity can have indirect impact upon birds by affecting the availability of prey through pathways that do not include targeted removal (Natural England, 2014). In general, bottom towed fishing gear has been shown to reduce biomass, production and species richness and diversity

Page 38 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 of benthic communities where fishing activities take place (Veale et al., 2000; Hiddink et al., 2003). Alterations in the size structure of populations and community are also known to occur (Roberts et al., 2010). When dredges are towed along the seafloor, surface dwelling organisms can be removed; crushed, buried or exposed and sessile organisms will be removed from the substrate surface (Mercaldo-Allen & Goldberg, 2011). Direct burial or smothering of infaunal and epifaunal organisms is possible due to enhanced sedimentation rates (Mercaldo-Allen & Goldberg, 2011). In a meta-analysis of 39 studies investigating the effects of bottom towed gear, there was an overall reduction of 46% in the abundance of individuals within disturbed (fished) plots (Collie et al., 2000). In studies investigating the effect of intertidal dredging, it was common to observe 100% removal of biogenic fauna (Collie et al., 2000). This was observed in an experimental study conducted in Langstone Harbour, where the fauna were seen to either be completed removed or considerably reduced by the dredging activity using a modified oyster dredge (EMU, 1992). In the same study, species richness was also found to decrease with a mean number of 6.5 species in the control site compared with 4.4 in the dredge site (EMU, 1992). The magnitude of the response of fauna to bottom towed fishing gear varied with gear type, habitat (including sediment type) and among taxa (Collie et al., 2000).

In a study by Ferns et al. (2000), bird feed activity increased shortly after the mechanical harvesting of cockles using a tractor, particularly in areas of muddy sand rather than in areas of clean sand. Gulls and waders took advantage of the invertebrates made available by harvesting. For example, 80 dunlins and seven curlews were observed feeding on harvested areas 6 days after harvesting. Following this increase, the level of bird activity declined in areas of muddy sand when compared with control areas and become particularly apparent 21 and 45 days after harvest (Figure 4). Levels of bird activity remained significantly lower in curlews and gulls for more than 80 days after harvesting and in oystercatchers for more than 50 days. Any initial net benefit of harvesting was matched by decreased feeding opportunities in the winter. Harvesting large areas however would not result in a neutral effectsneutral effect, firstly as the bird population would not be large enough to fully exploit the enhanced feeding opportunities and secondly the subsequent reduction in feeding opportunities would extend over a longer period of time (Ferns et al., 2000). Other effects would include the migration of birds into unharvested areas which would then lead to increased bird densities in these areas (Sutherland & Goss-Custard 1991; Goss-Custard 1993).

In areas that are intensively fished (more than three times per year), the faunal community is likely to be maintained in a permanently altered state and inhabited by fauna adapted to frequent physical disturbance (Collie et al., 2000). There is likely to be a shift from communities dominated by relatively high biomass species towards the dominance of high abundances of small-sized organisms (Collie et al., 2000). Kaiser et al., 2000 reported that regular fishing activity, in the vicinity of the Isle of Man, excluded large-bodied individuals and the resulting benthic community was dominated by smaller bodied organisms more adapted to physical disturbance (Johnson, 2002). Whilst dredging causes direct mortality to small and large infaunal and epifaunal organisms, many small benthic organisms such as crustaceans, polychaetes and molluscs, have short generation times and high fecundities, both of which enhance their capacity for rapid recolonization (Coen, 1995). These shifts in the faunal communities can be reflected in the associated waterbird assemblage (Atkinson et al., 2010). In the Wash, a lack of recruitment and heavy fishing pressure led to low stock levels of cockles and mussels (Bannister, 1998; 1999). During this period of stock collapse, the waterbird assemblage underwent a shift from one dominated by species with a high proportion of bivalves and ‘other’ prey such as crustaceans and fish in their diet, to those with a higher

Page 39 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 proportion of worms, with the oystercatcher, knot and shelduck showing the highest levels of decline (Atkinson et al., 2010). Under intense dredging

Figure 7. Mean proportion (±SD) of samples in control (black squares) and harvested (white circles) sectors containing footprints of different bird species. Significant differences between sectors are indicated by an asterisk and estimated by bootstrapping. Source: Ferns et al., 2000

pressure, research suggests that benthic invertebrates such as worms, which are characterised by rapid growth and short generation times, should predominate over species such as bivalves with slower growth and longer generation times (Atkinson et al., 2010).

The relative impact of shellfish dredging on benthic organisms, which form potential prey items, is species-specific and largely related to their biological characteristics and physical habitat (Mercaldo-Allen & Goldberg, 2011). The vulnerability of an organism is ultimately related to whether or not it is infaunal or epifaunal, modilemobile or sessile and soft-bodied or hard-shelled (Mercaldo-Allen & Goldberg, 2011). Epifauna, organisms inhabiting the seabed surface, are subject to crushing or at risk of being buried, in addition to effects of smothering, whilst infauna, organisms living within sediment, may be excavated and exposed (Mercaldo-Allen & Goldberg, 2011). A number of studies have found soft-bodied, deposit feeding crustaceans, polychaetes and ophiuroids to be most affected by dredging activities (Constantino et al., 2009). This is supported by a meta-analysis conducted by Collie et al. (2000) who predicted a reduction of 93% for anthozoa, malacostraca, ophiuroidea and polychaete after chronic exposure to dredging. Furthermore, a study looking at the effects of mechanical cockle harvesting in intertidal plots of muddy sand and clean sand, found that annelids declined by 74% in intertidal muddy sand and 32% in clean sand and molluscs declined by 55%in intertidal muddy sand and 45% in clean sand (Ferns et al., 2000). Similar results were reported by EMU (1992), who found a distinct reduction in polychaetes, but less distinct

Page 40 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 difference in bivalves, after dredging had taken place and between dredged and control samples. This corresponds with analysis completed by Collie et al. (2000) who reported that bivalves appeared to less sensitive to fishing disturbance than anthozoa, malacostraca, ophiuroidea, holothuroidea, maxillopoda, polychaeta, gastropoda and echinoidea,

An ongoing study conducted by Leo Clarke at the University of Bournemouth investigated the impacts of clam dredging in Poole Harbour using a BACI (Before-After-Control-Impact) methodology. Core samples were taken from separate areas representing different levels of dredging intensity: an area that has historically been intensively dredged and remains open for a seven monthseven-month season (‘chronic’ fishing site); an area that has historically been closed to dredging but will be opened for a five month season (‘acute’ fishing site); and an area that remains permanently closed to dredging (control site). Interim results indicate a significant effect of site (regardless of time) and of time (regardless of site). Organic content and the volume of fine sediments were found to be highest in the control site and lowest in the chronic fishing site during the study period. Additionally, both organic content and fine sediment volume were observed to decrease in all sites during the study. However, the interaction term between time and site, which would indicate an overall impact of dredging activity in terms of relative change, appears non-significant. While incomplete at the time of writing, the analysis of biological assemblage data indicates that a significant shift in community structure occurred within the acute fishing site during the study period. This shift is characterised by an increase in the abundance of polychaete worm species, but does not constitute a change to the overall biotope composition observed during the study.

A number of studies have highlighted species that are particularly vulnerable to dredging as well as those which appear to be more tolerant. For example, the polychaete Lanice conchilega are highly incapable of movement in response to disturbance and therefore take a significant period of time to recolonise disturbed habitats (Goss-Custard, 1977). Deep burrowing molluscs, such as Macoma balthica, also have limited capability to escape. Following suction dredging for the common cockle on intertidal sand, the abundance of Macoma declined for 8 years from 1989 to 1996 (Piersma et al., 2001). Ferns et al. (2000) reported reductions of 30% in the abundance of Lanica conchilega in intertidal muddy sand after mechanical cockle harvesting (using a tractor) took place, although abundances of Macoma balthica increased. The same study also revealed large reductions of 83% and 52% in the abundance of the polychaete Pygospio elegans and Nephtys hombergii, respectively (Ferns et al., 2000). The former species remained significantly depleted in the area of muddy sand for more than 100 days after harvesting and the latter for more than 50 days (Ferns et al., 2000). Other polychaete species also thought to be particularly affected are Arenicola, Scoloplos, Heteromastus and Glycera (Collie et al., 2000).

Recovery

The timescale of recovery for benthic communities and potential prey species largely depends on sediment type, associated fauna and the rate of natural disturbance (Roberts et al., 2010). In locations wherewhere, natural disturbance levels are high, the associated fauna are characterised by species adapted to withstand and recover from disturbance (Collie et al., 2000; Roberts et al., 2010). More stable habitats, which are often distinguished by high diversity and epifauna, are likely to take a greater time to recover (Roberts et al., 2010). The recovery for gravel habitats has been predicted to be in the order of ten years (Collie et al., 2005). This was reported by recovery rates observed during a 10 year10-year monitoring program of a gravel habitat located close to the Isle of Man following closure of the area to scallop dredging (Bradshaw et al., 2000). Similar

Page 41 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 recovery periods were estimated for muddy sands, which Kaiser et al. (2006) estimated to take years after finding the sediment type was particularly vulnerable to impacts of fishing activities. The recovery periods for sandy habitats is estimated to take days to months (Kaiser et al., 2006). In the meta-analysis conducted by Kaiser et al. (2006), a significant linear regression with time for the response of annelids to the impacts of intertidal dredging in sand and muddy sand habitats was reported. Annelids were predicted to have recovered after 98 days post fishing in sand habitats and 1210 days in muddy sand habitats (Kaiser et al., 2006). Authors stated recovery for the latter however should be treated with caution (Kaiser et al., 2006).

Population recovery rates are known to be species specific (Roberts et al., 2010). Long-lived bivalves will undoubtedly take longer to recovery from disturbance than other species (Roberts et al., 2010). Megafaunal species such as molluscs and shrimp over 10 mm in size, especially sessile species, are more vulnerable to impacts of fishing gear than macrofaunal species as a result of their slower growth and therefore are likely to have long recovery periods (Roberts et al., 2010). Short-lived and small benthic organisms on the other hand have rapid generation times, high fecundities and therefore excellent recolonization capacities (Coen, 1995). For example, slow-growing large biomass biota such as sponges and soft corals are estimated to take up to 8 years, whilst biota with short life-spans such as polychaetes are estimated to take less than a year (Kaiser et al., 2006).

Studies on recovery rate

There are a limited number of studies which examine the recovery rate from biological and physical disturbance caused by shellfish dredging. Five studies were found on the impacts of shellfish harvesting on intertidal habitats, four of which are based in the UK (details are provided in Annex 12). The recovery rates reported range from no effect (thus no recovery is required) up to 12 months, with intermediate recovery rates reported at 56 days and 7 months (Kaiser et al., 1996; Hall & Harding, 1997). Spencer et al. (1998) reported a recovery rate of up to 12 months, although inferred it was not possible to be certain recovery had not occurred before this as not all treatment replicates were taken 4 and 8 months after sampling. The authors compared their findings with similar studies and speculated the greater length of recovery in comparison was related to the protected nature of the site (Spencer et al. 1998). This study highlights the importance of exposure in determining recovery rates of different habitats and also how recovery rates are site-specific.

Ferns et al. (2000) examined the recovery rates of individual species and found the rate of recovery varied between sediment types (muddy sand versus clean sand). Recovery rates reported for relevant species (i.e. those likely to form prey species) are presented in Annex 10.

Species-specific diets

While shorebirds will typically eat a range of different prey species such as molluscs and annelids, the type of preferred prey species will vary between bird species (Natural England, 2014). It is important to knowledge these variations in prey preference as the impacts of dredging on bird species are likely to be reflective vary depending on the vulnerability of prey species to impacts of dredging. The plasticity of a bird’s diet will also vary depending on the species and it is important to consider alternate prey species as bird will not be restricted to one source of food. Table 7

Page 42 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 provides details of prey items taken by designated bird species within the Chichester and Langstone Harbours SPA. For example, oystercatchers will prey upon small cockles, Baltic tellins, soft-shell clams, lug-worms and ragworms (Wheeler et al., 2014). Some prey items may be of low value to the birds and not a major component of their diet (Zwarts et al. 1996ab; Atkinson et al. 2003). Alternative prey sources may also be less available as organisms may bury deeper into the sediment and thus require the birds to expend a greater amount of energy (Zwarts et al. 1996a & b). Birds may directly compete with the fishery if both target the same species. The key bird species at risk from changes in prey availability are non-breeding overwintering species as food requirements are considerably greater during winter due to thermoregulatory needs and metabolic costs (Wheeler et al., 2014).

Table 4. Typical prey items known to be taken by designated bird species in the three SPAs (Chichester and Langstone Harbours, Portsmouth Harbour and Solent and Southampton Water). Information on general prey preference was obtained from the SPA Tool Kit. Specific information on prey species was taken from the Solent EMS Regulation 33 Advice and from Portsmouth Harbour SPA Draft Regulation 35 Advice. Common Name Latin Name General Prey Preference Prey Species Black-tailed godwit Limosa limosa Insects, worms, Hediste diversicolor, plants/grasses/seeds Cerastoderma edule, Macoma baltica, Cardium, Neresis Grey plover Pluvialis squatarola Molluscs, crustaceans, worms Cerastoderma edule, Nereis diversolor, Macoma balthica, Hydrobia ulvae, Arenicola marina, Retusa obtusa, Corophium volutator1 Sanderling Calidris alba Molluscs, crustaceans, worms Scolelepis squamata, Bathyporeia, Eurydice pulchra, Cerastoderma edule, Hediste diversicolor, Hydrobia spp.2 Dunlin Calidris alpina Molluscs, insects, worms Macoma, Hydrobia spp., Nereis, Crangon, Carcinus Redshank Tringa totanus Molluscs, crustaceans, insects, Corophium, Hydrobia, Nereis3 worms Dark-bellied brent goose Branta bernicla bernicla Plants/grasses/seeds Zostera spp., Enteromorpha, Ulva lactuca Shelduck Tadorna tadorna Molluscs, crustaceans, insects Hydrobia ulvae, Enteromorpha Teal Anas crecca Plants/grasses/seeds Enteromorpha spp., Ulvae spp.

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Ringed plover Charadrius hiaticula Molluscs, crustaceans, insects, Gammarus spp. Tubifex worms Curlew Numenius arquata Molluscs, crustaceans, insects, Lack of information regarding worms prey species. Bar-tailed godwit Limosa lapponica Insects, worms Nereis, Arenicola spp., Macoma, Cardium Turnstone Arenaria interpres Insects, worms Cerastoderma edule, Corophium, Nerine4 Wigeon Anas penelope Plants/grasses/seeds Enteromorpha spp., Ulva spp. Pintail Anas acuta Insects, plants/grasses/seeds Lack of information regarding prey species. Shoveler Anas clypeata Insects Lack of information regarding prey species. Red-breasted merganser Mergus serrator Fish Gobies, flatfish, herring fry (<11cm), shrimp, sticklebacks, Nereis spp. Little egret Egretta garzetta Fish, amphibians, insects Lack of information regarding prey species. 1 Information obtained from Durrell & Kelly (1990) 2 Information obtained from Cox et al. (2014) 3 Information obtained from European Commission (2009) 4 Information obtained from Brearey (1982)

7.2.6 Visual Disturbance

Generic impacts

Human disturbance to shorebirds can be defined as ‘any situation in which human activities cause bird to behave differently from the behaviour it would exhibit without presence of that activity’ (Wheeler et al., 2014). The response of birds to disturbance is influenced by a number of factors, including distance from the disturbance source, scale of disturbance and time of year (Stillman et al., 2009). Disturbance from many small-scale sources is thought to be more detrimental than fewer, large-scale sources (West et al., 2002).

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Disturbance can result in displacement when birds are unable to use an area due to the magnitude of the disturbance present (Natural England, 2014). Under certain circumstances the impacts of disturbance may be equivalent to habitat loss, although such effects are reversible (Madsen, 1995; Hill et al., 1997; Stillman et al., 2007; Natural England et al., 2012). The effects of habitat loss through disturbance can include a reduction in the survival of displaced individuals and effects on the population size (Goss-Custard et al., 1995; Burton et al., 2006). Sites with high levels of human activity are often characterised by lower densities of birds when compared with sites that have low levels (Burger, 1981; Klein et al., 1995). The movement of birds to alternate feeding areas as a result of disturbance, which may be less suitable, can lead to increased shorebird density and thus interspecific competition; with alternate sites becoming depleted in food resources if used for prolonged periods of time (Goss-Custard, 2006; Wheeler et al., 2014). Disturbance can affect wintering bird populations in a number of ways including reduced intake a result of enhanced vigilance (Riddington 1996; Goss-Custard et al. 2006; Klaassen et al. 2006) and physiological impacts such as stress (Thiel et al., 2011). Such impacts can affect the fitness of individuals and have knock-on effects at a population scale (Natural England, 2011). Furthermore, disturbance can cause birds to take flight which increase energy demands and reduce food intake with potential consequences for survival and reproduction.

Birds can modify their behaviour in order to compensate for disturbance (Stillman et al., 2009). Some bird species may become habituated to particular disturbance events or types of disturbance (Walker et al., 2006, Nisbet, 2000, Baudains & Lloyd, 2007; Blumstein et al., 2003) and can do so over short periods of time (Rees et al., 2005; Stillman et al., 2009). The frequency of the disturbance will help to determine the extent to which birds can become habituated and thus the distance at which they response (Stillman et al., 2009). The behavioural response of a bird to disturbance is also dependent on the time of year (Stillman et al., 2009). Towards the end of winter, when migratory birds need to increase feeding rates to provide energy for migration, behavioural response to disturbance is less (Stillman et al., 2009). Birds will approach a disturbance source more closely and return more quickly after a disturbance has taken place (Stillman et al., 2009).

In the context of shellfish harvesting from a vessel, limited has taken place to investigate its potential effects on bird populations through disturbance. It is thought that shellfish dredging has very little direct impact on disturbance of waders since it occurs at high tide (Sewell et al., 2007). Sewell et al. (2007, p. 51) stated that ‘We know of no evidence that dredging will have a direct impact in terms of disturbance on seabirds since most dredging occurs subtidally or at high-tide’. Wheeler et al. (2014) however stated, like other forms of disturbance, it could cause relocation and increased energy expenditure of birds. Examples of disturbance impacts

In the mid-1980s, localised and sustained disturbance from bait diggers at Lindisfarne National Nature Reserve were considered responsible for significant declines in the numbers of Wigeon, Bar-tailed Godwit and Redshank at the site (Townshend & O’Connor, 1993).

In 1996/97, Gill et al. (2001a) investigated the effect of human-induced disturbance on black-tailed godwits across 20 sites on the east coast of England. The study revealed no significant relationship between numbers of godwits and human activity at a range of spatial scales (Gill et al., 2001a). There was also no effect of the presence of marinas or footpaths on the number of godwits supported on the adjacent mudflats (Gill et al., 2001a).

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Using a behaviour-based model, Durell et al. (2005) explored the effect if an extension to the port at Le Havre and proposed mitigation measures on the mortality and body condition of three overwintering bird species; curlew, dunlin and oystercatcher. Body condition was expressed as the percentage of birds failing to achieve at least 75% of their target weight for the time of year. Disturbance to feeding birds, day and night, had a significant effect on the mortality and body condition of all three species. The same was found for roosting birds. Roost disturbance was simulated by increased energy costs due to extra flying time of 10 minutes or more each day. Disturbance limited to the daytime only removed the effect of disturbance in curlew and oyster catcher, and although reduced the disturbance effect it still had a significant effect on the body condition and mortality of feeding dunlin. The introduction of a buffer zone, which would prevent disturbance within 150 m of the seawall, reduced the effects of disturbance on mortality and body condition to pre-disturbance levels.

Studies in the Solent which have focused on disturbance to birds, have reported disturbance levels of 30% during the winter of 1993/94 using disturbance events observed during low tide counts. Sources of disturbance from human activity on the shore included dog walkers, walkers, bait diggers and kite flyers (Thompson, 1994). A more recent study conducted from December 2009 to February 2010, which formed phase II of the Solent Disturbance & Mitigation Project, found for water-based recreational activities that 25% of observations resulted in disturbance and on the intertidal 41% of observation result in disturbance (Liley et al., 2010). Surfing, rowing and horse riding were activities found to most likely result in disturbance to birds. Over half of incidences where major flight was observed involved activities on the intertidal, with dog walking accounting for 47% of major flight events (Liley et al., 2010). The most responsive bird species to different activities were oyster catcher and wigeon (Liley et al., 2010). These two species had the highest proportion of observations involving a disturbance response. Primary data collected by Liley et al. (2010) was used to predict if disturbance could reduce the survival of birds using computer models (Stillman et al., 2012). Dunlin, ringed plover, oystercatcher and curlew were predicted to be the species most vulnerable to disturbance due to a combination of disturbance distances (see species-specific response), night-time feeding efficiency and vulnerability to food competition at high competitor densities (Stillman et al., 2012). Redshank, grey plover and black-tailed godwit typically had the shortest disturbance distances and were able to feed relatively effectively at night, meaning that these species were less affected by visitors (Stillman et al., 2012). Disturbance was predicted to result in increases in the level of time spent feeding intertidally by dunlin, ringed plover, redshank and grey plover, with no effect on black-trailed godwit and reductions in oystercatcher and curlew (Stillman et al., 2012). This was related to the ability of modelled birds to feed in terrestrial habitats, as those unable to do so spent longer feeding in intertidal habitats (Stillman et al., 2012). Species-specific response

Responsiveness to disturbance is thought to be a species-specific trait (Yasué, 2005). Garthe and Hüppop (2004) developed a wind farm sensitivity index (WSI) for seabirds. The index was based on nine factors, derived from specie’ attributes, and include; flight manoeuvrability, flight altitude, percentage of time flying, nocturnal flight activity, sensitivity towards disturbance by ship and helicopter traffic, flexibility in habitat use, biogeographical population size, adult survival rate and European threat and conservation status (Gathe & Hüppop, 2004). Each factor was scored on a 5-point scale from 1 (low vulnerability of seabirds) to 5 (high vulnerability of seabirds). The WSI was used by King et al. (2009) to develop sensitivity scores for species likely to be susceptible to cumulative impacts of offshore wind farms development. Table 8 provides available sensitivity scores of species within Chichester and Langstone Harbours SPA, with details of scores given for the species vulnerability to disturbance by ship and helicopter traffic.

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Table 5. Sensitivity scores for designated bird species in the Three SPAs (Chichester and Langstone Harbour, Portsmouth Harbour and Solent and Southampton Water) to offshore wind farm developments. Higher scores are indicative of a greater sensitivity. Information on species vulnerability to disturbance by ship or helicopter traffic is also provided. Scores were taken from King et al. 2009 who calculated scores using methods by Garthe & Hüppop (2004).

Species Total sensitivity score Disturbance by ship and helicopter traffic (1 – very flexible in habitat use, 5 – reliant on specific habitat characteristics) Dark-bellied Brent Goose 21.7 2 Black-tailed godwit 9.9 1 Red-breasted Merganser 21.0 3 Shoveler 6.7 1 Redshank 6.7 1 Pintail 6.3 1 Bar-tailed Godwit 5.7 1 Curlew 5.7 1 Ringed plover 5.3 1 Sanderling 5.3 1 Shelduck 5.3 1 Grey plover 4.7 1 Teal 3.8 1 Dunlin 3.3 1 Wigeon 2.7 1

There is great variation in the escape flight distances between species (Kirby et al., 2004) and the distance at which birds fly away from a disturbance can be viewed as a specie-specific trait (Blumstein et al., 2003). Response distances can depend on a number of different factors, including the time of year, tide, frequency, regularity and severity of disturbance, flock size and age of bird (WWT Consulting, 2012). Body mass has also been shown to be positively related to response distance (Liley et al., 2010). Table 9 and 10 provides details of response distances of species within Chichester and Langstone Harbours SPA, with Table 9 providing details of response distances in relation to different types of activities.

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Table 6. Distances from disturbance stimuli (in metres) at which study waterbird species took flight. Taken from Kirby et al., 2004 in WWT Consulting 2012. Study Tydeman Cooke 1980 Tensen and Watmough Smit and Visser Smit and Visser Smit and Visser 1978 van Zoest 1983a,ba, b 1993 1993 1993 Activity Boats Researcher People Researcher People Kayaks Surfers Distance measure Min Mean Mean Mean Mean Mean Mean Brent goose 105 Shelduck 126 148/250 220 400 Wigeon 115 230 Teal 400 86 Shoveler 200 126 Ringed plover 121 Grey plover 124 Dunlin 30 71/163 Bar-tailed Godwit 75 107/219 200 230 Curlew 95 211/339 220 400 Redshank 92 95 175 260 Turnstone 47

Table 7. Comparison, by species, of distances (in metres) at which no response or disturbance events (i.e. alert, short walk/swim, short flight or major flight) occurred to recreational activities in the Solent. Significance column indicates results from Mann-Whitney statistical tests. Source: Lilley et al., 2010.

Species No response Disturbance occurred Significance Median Range Median Range Brent goose 97 17-215 51.5 5-178 P<0.01 Redshank 90 20-200 75-150 98 P<0.01 Curlew 100 40-200 75 25-200 P<0.01 Turnstone 80 16-200 50 5-100 P<0.01 Grey plover 80.5 22.5-200 75 30-125 Little egret 150 40-200 75 30-200 P<0.01 Wigeon 125 45-200 75.5 20-125 P<0.01

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Dunlin 115 29-200 75 25-300 P<0.01 Shelduck 100 80-200 77.5 50-140 P<0.01 Teal 137 20-175 60 35-200 P<0.05

In a study by Liley et al. (2010), which formed phase II of the Solent Disturbance & Mitigation Project, there was no clear set-back distance that would result in no response. There were instances where no response occurred within a few metres and there were instances were major flight occurred when birds when over 200 m from the disturbance source (Liley et al., 2010). Having said this, the proportion of events resulting in the displacement of birds declined beyond 100 m (Liley et al., 2010).

Mitigation

The effects of disturbance on the quality of an area for birds are reversible (Natural England et al., 2012). Studies have shown that bird numbers increase when either the source of disturbance is removed or mitigated (Natural England et al., 2012). Modelling of wintering oystercatchers on the Exe estuary revealed that preventing disturbance during late winter, when feeding conditions are harder and a migratory bird’s energetic demands are higher, has been shown to largely eliminate any predicted population consequences (West et al., 2002). Following this modelling, it was recommended that to eliminate predicted population consequences of disturbances, competent authorities responsible for management should prevent disturbance to birds during late winter (West et al., 2002).

Establishing flight-initiation distances may be considered a starting point for competent authorities responsible for management in order to minimise adverse effects of disturbance (Wheeler et al., 2014). The establishment of such buffer areas are dependent on a number of factors including population densities, food availability, time of year and behaviour of individuals (Wheeler et al., 2014). As aforementioned, a buffer zone of 150 m from the seawall was found to reduce the effects of disturbance from an extension to the port at Le Havre on the mortality and body condition to pre-disturbance levels for three bird species (dunlin, curlew and oystercatcher) (Durell et al. 2005). Investigation into disturbance caused by recreational activities in the Solent however suggested that there was no clear set-back distance, for all species on all sites due to the large variability observed in response distances, which would result in no disturbance (Liley et al., 2010). The largely variability in flight-initiation distances suggests that competent authorities should be conservative when developing buffer zones, although previously published flight-initiation distances for a given species may be used as a guideline for setting buffer zones (Blumstein et al., 2003).

Whilst many authors may try and define a distance beyond which disturbance is assumed to have no effect, which is then used in turn to determine set-back distances, it may be inappropriate to set such distances (Stillman et al., 2009). The reason for this is because of the variation between species (Blumstein et al., 2005), as well as variation between individuals of the same species (Beale & Monaghan, 2004). This is further compounded by particular circumstances such as habitat, flock size, cold weather, variations in food availability, all of which will influence a birds’ ability to response to disturbance and hence the scale of the impact (Rees et al., 2005; Stillman et al., 2001). In addition, there is no guarantee that the behavioural response i.e. response distance, will be related to population consequence (Gill et al., 1996; 2001b).

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7.3 Feature-Specific Seasonality Table

Table 9 below indicates (highlighted in grey) when significant numbers of each mobile designated feature are most likely to be present at the site during a typical calendar year. Periods highlighted in grey are likely to require consideration of mitigation to minimise impacts to qualifying bird features during these principal periods of site usage by those features. The months which are not highlighted in grey do not necessarily indicate when features are absent, rather that features may be present in less significant numbers than in typical years.

Table 8. Presence of mobile designated features in the three Solent SPAs (Chichester and Langstone Harbour, Portsmouth Harbour and Solent and Southampton Water). Grey indicates periods of presence in significant numbers whereas blank (white) indicates either periods of absence or of presence but only in numbers of less significance (Natural England 2018, 2018a & 2018b) Site Feature name Life Stage Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Chichester and Langstone Non- Bar-tailed godwit Harbour breeding Solent and Southampton Non- Black-tailed godwit Water breeding Non- Portsmouth Harbour Black-tailed godwit breeding Chichester and Langstone Non- Curlew Harbour breeding Solent and Southampton Dark-bellied Brent Non- Water & Chichester and goose breeding Langstone Harbour Dark-bellied Brent Non- Portsmouth Harbour goose breeding Non- Portsmouth Harbour Dunlin breeding Chichester and Langstone Non- Dunlin Harbour breeding

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Non- Langstone Harbour only Grey plover breeding Chichester and Langstone Non- Pintail Harbour breeding Red-breasted Non- Portsmouth Harbour merganser breeding Chichester and Langstone Red-breasted Non-

Harbour merganser breeding Chichester and Langstone Non- Redshank Harbour breeding Solent and Southampton Non- Water & Chichester and Ringed plover breeding Langstone Harbour Chichester and Langstone Non- Sanderling Harbour breeding Chichester and Langstone Shelduck Non- Harbour breeding Chichester and Langstone Shoveler Non- Harbour breeding Solent and Southampton Teal Non- Water & Chichester and breeding Langstone Harbour Chichester and Langstone Turnstone Non- Harbour breeding Chichester and Langstone Wigeon Non- Harbour breeding Chichester and Langstone Common tern, Breeding Harbour Breeding

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Solent and Southampton Common tern Breeding Water Solent and Southampton Little tern Breeding Water & Chichester and Langstone Harbour Solent and Southampton Mediterranean gull Breeding Water Solent and Southampton Roseate tern Breeding Water Solent and Southampton Sandwich tern Breeding Water & Chichester and Langstone Harbour

7.4 Site Condition

Natural England provides information on the condition of designated sites and describes the status of interest features.

Under the Habitats Directive, relevant for Special Protection Areas (SACs) and Sites of Community Importance (SCIs), the United Kingdom is obliged to report on the Favourable Conservation Status of Annex I and Annex II features every 6 years. There are similar reporting requirements under the Birds Directive, relevant for Special Protection Areas (SPAs). Feature condition influences the Conservation Objectives in that it is used to determine whether a ‘maintain’ or ‘recover’ objective is needed to achieve the target level for each attribute.

During 2015-16 Natural England reviewed, refined and tested condition assessment methodology to provide more robust results. Natural England will employ this methodology to start a rolling programme of marine feature condition assessments in 2017-18, which will be conducted by their Area Teams.

An indication of the condition of site supporting habitats can be inferred, if available, from assessments of Sites of Specific Scientific Interest (SSSIs) that underpin the SPA. There are a number of SSSIs which exist in the area covered by the three SPAs (Chichester and Langstone Harbours, Portsmouth Harbour and Solent and Southampton Water), and these, along with relevant feature condition assessments are summarised in Table 6. Note that only SSSI sites (and the units therein) have been chosen where shellfish dredging is known to occur.

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7.4.1 Condition Assessments Natural England provides information on the condition of designated sites and describes the status of interest features.

Under the Habitats Directive, relevant for Special Areas of Conservation (SACs) and Sites of Community Importance (SCIs), the United Kingdom is obliged to report on the Favourable Conservation Status of Annex I and Annex II features every 6 years. There are similar reporting requirements under the Birds Directive, relevant for Special Protection Areas (SPAs). Feature condition influences the Conservation Objectives in that it is used to determine whether a ‘maintain’ or ‘recover’ objective is needed to achieve the target level for each attribute.

The condition assessment for the Solent Maritime SAC has been supplied to Southern IFCA to aid with the completion of the HRA. Much of the area of the Solent Maritime SAC overlap with that of Chichester and Langstone Harbour SPA and Solent and Southampton water SPA and therefore the condition of the SPA supporting habitats can be inferred from the analysis of the condition of the SAC. An indication of the condition of site interest features can be inferred, if available, from assessments of Sites of Specific Scientific Interest (SSSIs) that underpin SPAs. The SSSI units which exist in the area covered by the Portsmouth Harbour SPA, along with relevant feature condition assessments from the Solent Maritime SAC are summarised in Table 6. Note that only SSSI sites (and the units therein) have been chosen where shellfish dredging is known to occur.

Table 9. Condition assessments of SAC features and Sub features (which overlap with Chichester and Langstone Harbour and Solent and Southampton Water SPA supporting habitats) and SSSI units within Portsmouth Harbour SPA. the Three SPAs (Langstone Harbour Only, Portsmouth Harbour and Solent and Southampton Water).

Feature Sub-feature Condition Confidence Adverse Condition Reasons Unfavourable No Introduction or spread of invasive Subtidal coarse sediment Medium Sandbanks which Change non-indigenous species (INIS) are slightly covered by sea Nutrient enrichment Subtidal mixed Unfavourable No water all the time Medium sediments Change Transition elements & organo-

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metal (e.g. TBT) contamination

Subtidal sand Introduction or spread of invasive non-indigenous species (INIS) Nutrient enrichment

Abrasion/disturbance of the Unfavourable substrate on the surface of the Subtidal seagrass beds Medium Unknown seabed

Transition elements & organo- metal (e.g. TBT) contamination

Intertidal coarse sediment Nutrient enrichment Intertidal mixed Unfavourable No Medium sediments Change Transition elements & organo- metal (e.g. TBT) contamination Intertidal mud Intertidal sand and Estuaries muddy sand Nutrient enrichment

Abrasion/disturbance of the Unfavourable substrate on the surface of the Intertidal seagrass beds Medium Unknown seabed

Transition elements & organo- metal (e.g. TBT) contamination

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Subtidal coarse sediment

Nutrient enrichment

Transition elements & organo- Subtidal mixed Unfavourable No Medium metal (e.g. TBT) contamination sediments Change

Introduction or spread of invasive non-indigenous species (INIS) Estuaries Subtidal sand

Nutrient enrichment

Abrasion/disturbance of the Unfavourable substrate on the surface of the Subtidal seagrass beds Medium Unknown seabed

Transition elements & organo- metal (e.g. TBT) contamination

Mudflats and Intertidal coarse Nutrient enrichment sandflats not sediment Unfavourable No covered by Medium Change Transition elements & organo- seawater at low Intertidal mixed metal (e.g. TBT) contamination tide sediments

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Intertidal mud

Intertidal sand and muddy sand

Nutrient enrichment

Abrasion/disturbance of the Unfavourable substrate on the surface of the Intertidal seagrass beds Medium Unknown seabed

Transition elements & organo- metal (e.g. TBT) contamination Formatted: Normal, Don't keep with next Overall, the condition assessment appears to suggest that sediments within SAC/SPAs are unfavourable no change, with a number unfavourable - unknown. It appears that the reasons are largely down to nutrient enrichment, transition elements & organo-metal (e.g. TBT) contamination, abrasion/disturbance of the substrate on the surface of the seabed and introduction or spread of invasive non-indigenous species (INIS). The features are experiencing elevated nutrient levels, elevated aqueous contaminant levels including TBT and low Infaunal Quality Index (IQI) scores. Elevated contaminant levels are most likely due to historic use of antifouling paint rather than current activity levels. Furthermore, there are high levels of invasive non-native species most notably the slipper limpet (Crepidula Fornicata) found in particularly in the subtidal sediments. Seagrass beds are showing a reduced extent when compared to historic extent and distribution.

Condition SSSI Site Unit Unit Name Condition Threat Habitat Comments Name Number Risk Lee-on- HAMBLE SPIT the-solent- LITTORAL 9 and 16 and CHILLING Favourable High to itchen SEDIMENT FORESHORE esturay13

13 https://designatedsites.naturalengland.org.uk/ReportUnitCondition.aspx?SiteCode=S1005846&ReportTitle=Lee-on-The%20Solent%20to%20Itchen%20Estuary%20SSSI

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Assessed in combination with Southampton Water, the Hamble sub-estuary contributes to achieving WFD Moderate status on mean winter inorganic nitrogen and WFD High status on phytoplankton. Within the Hamble sub-estuary the abundance of macroalgae achieves WFD Moderate status and there can be areas Lee-on- of dense opportunistic green macroalgae (>75% cover density) and a wet biomass the-solent- HOOK Unfavourable LITTORAL 15 High exceeding 1 kg/m2. The water environment of the unit is assessed as unfavourable to itchen FORESHORE - No change SEDIMENT for the interest features on the on the weight of evidence on inorganic nitrogen and esturay biological indication of eutrophication shown by macroalgae abundance. A large part of the nitrogen load input is carried by the River Hamble and by tidal flow from Southampton Water and the Solent. There is poor evidence of a reducing nutrient status adequate to substantially prevent the growth of dense macroalgae mats. Lee-on- Nutrient source trends, and efficacy of measures across the Solent are subject to the-solent- HILLHEAD Unfavourable LITTORAL ongoing analysis through the Judicial Review consent order implementation and 24 Medium to itchen FORESHORE - No change SEDIMENT other programmes. Condition trend may therefore be subject to (further) change by esturay end of March 2018. 233 ha of intertidal sediment was mapped and there is no evidence of significant decline in extent. Five distinct biotopes were identified as well as a mussel bed in Stanswood Bay. The character of intertidal sediment is variable and appears influenced by the interplay of differential rates of erosion between defended and undefended sections. In undefended sections, active erosion of the unconsolidated Headon Hill formation sands and gravel exposed in the cliffs is evident in some areas (e.g. at Lepe Beach). The sediments along the open coast consist of predominately medium to coarse sand with variable mixed gravel. The fine (sand) fraction of the sediments tends to be moderately to well sorted, and reflects the prevailing low wave energy. At several locations active erosion of salt marsh is No apparent with significant areas of marsh reverting to mudflat, particularly around the North OPEN COAST Unfavourable identified LITTORAL 15 seaward areas of the Beaulieu River estuary. Fringing marsh areas do not appear Solent14 (11): HCC - Recovering Condition ROCK to be eroding to the same degree in the estuary as in more exposed sections of the Threat open coast. However, there is observational evidence to suggest intrusion of saline water in the form of dying mature trees. There are marked differences between faunal diversity profiles of sediment in the Beaulieu estuary and the open coast. The upper estuarine sediment has low species richness and variable abundance. In contrast, sediment along the open coast supports a high diversity of fauna in reasonable abundance. Fauna recorded includes various molluscs, crustaceans and polychaetes, with no particularly dominant taxa. Of note is the presence of the Northern Quahog at Calshot. This introduced bivalve has its largest remaining population in Britain in the Solent. The sediment is characterised by abundant laver spire shell Hydrobia ulvae. Zostera marina was found in Stanswood Bay, confirming

14 https://designatedsites.naturalengland.org.uk/ReportUnitCondition.aspx?SiteCode=S1001355&ReportTitle=North%20Solent%20SSSI

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its continued presence. It was not observed at Beaulieu possibly indicating a decline in distribution.

Assessed in combination with other units in Southampton Water, this unit achieves WFD Moderate status on mean winter inorganic nitrogen and WFD High status on phytoplankton. The abundance of macroalgae along Southampton Water as a whole achieves WFD Good (borderline) status, but in some years there can be areas of dense opportunistic green macroalgae (>75% cover density) and a wet HWT / ESSO (N) biomass exceeding 1 kg/m2. The water environment of the unit is assessed as Hythe to SALTMARSHES Unfavourable LITTORAL borderline favourable for the interest features on the on the weight of evidence on Calshot 3 and 5 and ASHLETT / High - Recovering SEDIMENT inorganic nitrogen and some but not consistently strong biological indication of Marshes15 FAWLEY eutrophication shown by macroalgae abundance. A large part of the nitrogen load SALTMARSHES input is carried by the inflowing rivers and by tidal flow from the Solent. The unit is considered at future risk of failing a favourable situation on the water environment as it is unclear whether the nutrient status is adequate to substantially prevent the growth of dense macroalgae mats with a wet weight biomass exceeding WFD Good status, especially if there is change in environmental conditions. Assessed in combination with other units in Southampton Water, this unit achieves WFD Moderate status on mean winter inorganic nitrogen and WFD High status on phytoplankton. The abundance of macroalgae along Southampton Water as a whole achieves WFD Good (borderline) status, but in some parts where environmental conditions are probably more conducive to macroalage growth, such Hythe to as along tidal saltmarsh creeks within this unit, there can be a wider presence of CALSHOT Unfavourable LITTORAL Calshot 6 Medium dense opportunistic green macroalgae (>75% cover density) and this may have a MARSHES LNR - No change SEDIMENT Marshes wet biomass exceeding 1 kg/m2. The water environment of the unit is assessed as unfavourable for the interest features on the on the weight of evidence on inorganic nitrogen and biological indication of eutrophication shown by macroalgae abundance. A large part of the nitrogen load input is carried by the inflowing rivers and by tidal flow from the Solent. There is poor evidence of a reducing nutrient status adequate to substantially prevent the growth of dense macroalgae mats. Assessed in combination with other Langstone Harbour units, this part of the harbour achieves WFD Good (borderline) status on mean winter inorganic nitrogen, LANGSTONE WFD High status on phytoplankton and WFD Good (borderline) status on Langstone HBR EAST and Unfavourable LITTORAL 6 and 13 High opportunistic green macroalgae. However, in this unit there can be areas with a Harbour16 North Binness - Recovering SEDIMENT dense cover of opportunistic green macroalgae (>75% cover density), more so than Island in some parts of the harbour. The water environment of the unit is assessed as unfavourable for the interest features on the weight of evidence on inorganic

15 https://designatedsites.naturalengland.org.uk/ReportUnitCondition.aspx?SiteCode=S1001035&ReportTitle=Hythe%20to%20Calshot%20Marshes%20SSSI 16 https://designatedsites.naturalengland.org.uk/ReportUnitCondition.aspx?SiteCode=S1001182&ReportTitle=Langstone%20Harbour%20SSSI

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nitrogen and biological indication of eutrophication shown by the abundance of macroalgae, but recovering on the basis of a large reduction in nutrient inputs through diversion of wastewater. There remains a significant nitrogen load input carried by tidal flow from the Solent and less so by minor rivers into the head of the harbour. The unit is considered 'at risk' of not recovering to a favourable situation on the water environment as it is unclear whether the nutrient status will become adequate to substantially prevent the growth of dense macroalgae mats in this part of the harbour. Assessed in combination with other Portsmouth Harbour units, this part of the harbour achieves WFD Moderate status on mean winter inorganic nitrogen and WFD Good to High status on phytoplankton. There can be areas of dense opportunistic green macroalgae (>75% cover density) in this unit, and across the harbour as a whole the abundance of macroalgae achieves WFD Moderate status. Frater, Portsmouth Unfavourable Littoral 8, 23, 24 Portchester and Medium The water environment of the unit is assessed as unfavourable for the interest features on Harbour17 - No change Sediment Bomketch Lake the weight of evidence on elevated levels of inorganic nitrogen and biological indication of eutrophication shown by the abundance of macroalgae. There is poor evidence of a reducing nutrient status adequate to substantially prevent the growth of dense macroalgae mats. A large part of the nitrogen load input is carried by tidal flow from the Solent but relatively very little by minor rivers into the head of the harbour.

Assessed in combination with other Portsmouth Harbour units, this part of the harbour achieves WFD Moderate status on mean winter inorganic nitrogen and WFD Good to High status on phytoplankton. There is not generally a dense cover of opportunistic green macroalgae (>75% cover density) in this unit but dense mats occur elsewhere and the harbour overall fails to achieve WFD Good status on macroalgae.

The water environment of the unit is assessed as borderline favourable for the interest Port Solent to features on the weight of evidence on elevated levels of inorganic nitrogen but here with Portsmouth Unfavourable Littoral 14, 18 Horsea and Medium no strong biological indication of eutrophication shown by phytoplankton and Harbour - Recovering Sediment Whale Island macroalgae. A large part of the nitrogen load input is carried by tidal flow from the Solent but relatively very little by minor rivers into the head of the harbour.

The unit is considered at future risk of failing a favourable situation on the water environment as it is unclear whether the nutrient status is adequate to substantially prevent the growth of dense macroalgae mats in this part of the harbour if there is change in environmental conditions.

17 https://designatedsites.naturalengland.org.uk/sitedetail.aspx?SiteCode=S1003174&SiteName=portsmouth&countyCode=&responsiblePerson=&unitId=1012697&SeaArea=&I FCAArea=

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Overall, the SSSI condition assessments appear to suggest that littoral sediments within selected SSSI sites are unfavourable, but recovering or no-n change. When examining reasons for this, it appears from the condition assessment comment that the reasons for this are largely down to on the weight of evidence on inorganic nitrogen and biological indication of eutrophication shown by macroalgae abundance and active saltmarsh Formatted: Font: 12 pt erosion.

7.4.2 Population Trends

Population trend data, where available, can be used to identify site-specific pressures. Information on population trends comes from Natural England’s Conservation advice packages available here: https://designatedsites.naturalengland.org.uk/. The setting of population abundance targets for the species is derived based on Wetland Bird Survey (WeBS) and JNCC’s Seabird Monitoring Programme (SMP) population data. This identifies nine species which exhibit a strong or site-specific decline, the details of which are given in table 13.

Table 10. Population abundance targets for the bird species found in the three Solent SPAs (Chichester and Langstone Harbours, Portsmouth Harbour and Solent and Southampton Water). Please note all information presented in this table has been taken from Natural England’s Conservation Advice Packages available at: https://designatedsites.naturalengland.org.uk/. These do not represent condition assessments.

Site Species Target Explanation Chichester and Langstone Bar-tailed The population size (as measured by the delta GAM mean metric) has declined by Restore Harbour godwit between 25% and 50%. Chichester and Langstone The population size (as measured by the delta GAM mean metric) has increased since Curlew Maintain Harbour classification. Chichester and Langstone Dark-bellied The population size (as measured by the delta GAM mean metric) has not decreased by Maintain Harbour brent goose more than 25% since classification. Chichester and Langstone The population size (as measured by the delta GAM mean metric) has declined by Dunlin Restore Harbour between 25% and 50%. Chichester and Langstone The population size (as measured by the delta GAM mean metric) has declined by Grey plover Restore Harbour between 25% and 50%. Chichester and Langstone The population size (as measured by the delta GAM mean metric) has increased since Pintail Maintain Harbour classification.

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Red- Chichester and Langstone The population size (as measured by the delta GAM mean metric) has increased since breasted Maintain Harbour classification. merganser Chichester and Langstone The population size (as measured by the delta GAM mean metric) has not decreased by Redshank Maintain Harbour more than 25% since classification. Chichester and Langstone Ringed The population size (as measured by the delta GAM mean metric) has declined by Restore Harbour plover between 25% and 50%. Chichester and Langstone The population size (as measured by the delta GAM mean metric) has declined by Sanderling Restore Harbour between 25% and 50%. Chichester and Langstone The population size (as measured by the delta GAM mean metric) has declined by over Shelduck Restore Harbour 50%. Chichester and Langstone The population size (as measured by the delta GAM mean metric) has not decreased by Shoveler Maintain Harbour more than 25% since classification. Chichester and Langstone The population size (as measured by the delta GAM mean metric) has not decreased by Teal Maintain Harbour more than 25% since classification. Chichester and Langstone The population size (as measured by the delta GAM mean metric) has not decreased by Turnstone Maintain Harbour more than 25% since classification. Chichester and Langstone The population size (as measured by the delta GAM mean metric) has increased since Wigeon Maintain Harbour classification. Chichester and Langstone Waterbird The population size (as measured by the delta GAM mean metric) has declined by Restore Harbour Assemblage between 25% and 50%. Dark-bellied Maintain Portsmouth Harbour Brent goose The population size increased and then have remained stable. Dunlin Restore The population size (as measured by the delta Known Natural Fluctuation (KNF) method) Portsmouth Harbour has declined by between 25% and 50%. Red- breasted Maintain The population size has remained relatively stable although there are on average fewer Portsmouth Harbour merganser individuals using the site Black Tailed Maintain Portsmouth Harbour Godwit The population size has steadily increased.

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Black-Tailed The population size (as measured by the delta GAM mean metric) has not decreased by Solent and Southampton Maintain Water Godwit more than 25% since classification. Dark-bellied The population size (as measured by the delta GAM mean metric) has not decreased by Solent and Southampton Maintain Water Brent goose more than 25% since classification. Ringed The population size (as measured by the delta GAM mean metric) has not decreased by Solent and Southampton Maintain Water Plover more than 25% since classification. The population size (as measured by the delta GAM mean metric) has not decreased by Solent and Southampton Teal Maintain Water more than 25% since classification. Waterbird The population size (as measured by the delta GAM mean metric) has not decreased by Solent and Southampton Maintain Water Assemblage more than 25% since classification.

It is important to note that the time periods of data used to inform conservation advice packages vary and therefore this data may not have captured the effects of fishing activities that have since commenced or altered since publication. The effects of fishing activities may not necessarily be captured in the next population abundance targets due to the time lag between cause and effect. With respect to clam and oyster dredging, the level of fishing effort has been seen to decrease in recent years and therefore any effects of fishing activity are likely to be reduced when compared to the date of those quoted in the Conservation Advice packages.

7.5 Existing Management Measures

7.5.1 Southern IFCA

• Bottom Towed Fishing Gear 2016 byelaw – introduced in November 2017 as a result of the revised approach to the management of commercial fisheries in European Marine Sites, prohibits bottom towed fishing gear over sensitive habitats. The Bottom Towed Fishing Gear byelaw was introduced in January 2014 to protect sensitive reef and seagrass habitats across the Southern IFCA district. In November 2017, this byelaw was revoked and the Bottom Towed Fishing Gear 2016 byelaw was introduced. This byelaw protects the same network of closure areas as the previous byelaw, in addition new closures to protect reef and subtidal sediment habitats within tranche 1 Marine Conservation Zones and Solent European Marine Site. Within the Solent EMS, the network of permanent bottom towed gear closure areas protects good examples of SAC habitat, including intertidal and subtidal sediments and saltmarsh, in order to maintain site integrity and offer long-term stability against the effects of fishing effort displacement. The network of closure areas within the Solent EMS covers approximately 95.4 km2 (including those in the original Bottom Towed Fishing Gear byelaw) and equates to approximately 33.9% of the Solent Maritime SAC. Factors considered in the identification of permanent closure areas include existing levels of human disturbance, energy levels, habitat type and recoverability. A number of low-energy areas were identified as being most suitable for the permanent closures. Good examples

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of estuarine habitat including intertidal mud, subtidal mud and saltmarsh form the permanent closure areas to all types of bottom towed fishing gear. This network of areas, includes the River Hamble, Sinah Lake, Broom Channel, Russell’s Lake, the River Medina, King’s Quay, Newtown Creek, the Yar (Yarmouth), and parts of Langstone Harbour, Ashlett Creek, Hythe foreshore, the Test, Lymington and Keyhaven. Areas. • Solent Dredge Fishing byelaw – introduced in November 2017 as a result of the revised approach to the management of commercial fisheries in European Marine Sites, this byelaw covers three dredge fishing management areas (Langstone Harbour, Southampton Water and Portsmouth Harbour), where shellfish dredging is prohibited for 35 weeks of the year during spring, summer and autumn months (1st March to 31st October inclusive). This closed season enables the recovery of infaunal communities and maintains the structure of intertidal and subtidal habitats, as well as supporting breeding shellfish populations, particularly during the summer months which represent the period of highest biological activity for invertebrate infauna of mudflats. The timing of the recovery period was designed to allow for the quickest recovery possible, this is because the restoration of a community in temperate zones is likely to be more rapid if the cessation of sediment disturbance occurs prior to the spring-summer influx of recruits (Borja et al., 2010). This supports the timing of the reproductive season for key species within the site which generally occurs between spring and autumn (see Annex 13 for reproductive season of key species). Restricting shellfish dredging during winter is likely to aid restoration of infaunal communities if the main recolonisation mechanism is by those who undergo recolonization via by larval settlement. This supports the recolonization strategies used by a number of individual species, with a number of species employing both larval settlement and active or passive migration (i.e. Macoma balthica, Hediste diversicolor) (see Annex 13 for recolonization strategies of key species). In addition, this byelaw permits shellfish dredging to take place between 07:00 and 17:00 in order to further manage fishing effort and to aid compliance. • Oyster Close Season prohibits any person from dredging or fishing for or taking from the fishery any oysters during the period from the 1st day of March to the 31st of October in any year. • The Cockles byelaw states that no person shall fish for or take from a fishery any cockle between 1st day of February and 30th of April and when the cockle bed is covered by water only a dredge less than 460 mm in width can be used. In addition, no person shall remove a cockle that is able to pass through a gauge with a square opening measuring 23.8 mm along each side. • Vessels Used in Fishing byelaw – prohibits commercial fishing vessels over 12 metres from the Southern IFCA district. The reduction in vessel size also restricts the type of gear that can be used, with smaller vessels often used lighter towed gear. • The Solent European Marine Site (Prohibition of Method of Dredging) Order 2004 prohibits any fishing boat from deploying or carrying a dredge (unless inboard, secured and stowed) in any part of the Solent European Marine Site. Within the order ‘dredge’ refers to any form of shellfish dredge used in conjunction with any means of injecting water into the dredge or into the vicinity of the dredge. The reason the order was originally created was to protect seagrass but also restricts this type of shellfish dredging over other protected habitats within the EMS, including intertidal areas. • Prohibition of Gathering (Sea Fisheries Resources) in Seagrass Beds byelaw. This prohibits any person from digging for, fishing for or taking any sea fisheries resource in or from the prohibited areas and does not apply to fishing/taking fisheries resources by means of net, rod and line and hook and line. It also does not apply to fishing for/taking sea fisheries resources using a vessel, provided that no part of the vessels hull in contact with the seabed. No person shall carry a rake, spade, fork or any similar tool in prohibited areas

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• Fishing for Oysters, Mussels and Clam byelaw states that when fishing for these species only the following methods are used; a) hand picking and b) dredging using a dredge with a rigid framed mouth so designed to take shellfish only when towed along the sea bed. • Oyster Dredge byelaw – in dredging or fishing for oysters is any fishery no dredge shall be used which has a front edge or blade exceeding 1.5 metres in length and if two or more dredges are in dredging or fishing for oysters used at the same time or in from the same boat or vessel the total length of the front edges or blades of such dredges when added together shall not exceed 3.0 metres. • Oysters byelaw – no person shall remove from a public or regulated fishery any oyster (other than Portuguese or Pacific oysters) which will pass through a circular ring of 70 mm in internal diameter. • Temporary Closure of Shellfish Beds byelaw allows the authority to temporarily close any bed or part of a bed of shellfish where it is the opinion of the Committee that it is severely depleted and as such required temporary closure in order to ensure recovery, or any bed or part of bed containing mainly immature or undersized shellfish which is in the interest of protection and development of the fishery, or any bed of transplanted shellfish that ought to not be fished until it becomes established. In the context of this byelaw, ‘shellfish’ refers to mussels, oysters and clams. Currently this byelaw is used to close certain areas of the Solent to oyster dredging (see Table 3). • American Hard ShelledHard-Shelled Clams – Minimum Size byelaw – no person shall remove from a fishery any clams of the species Mercenaria mercenaria which measures less than 63 mm across the longest part of the shell. • European minimum size, listed under Council Regulation (EEC) 850/98, Statutory Instruments specify the minimum size for Manila clams (Ruditapes philippinarum) is 3.5 cm and for Grooved Carpet Shell clams (Ruditapes decussatus) is 4.0 cm.

7.5.2 Sussex IFCA

Chichester Harbour spans the districts of Southern and Sussex IFCA. It has been agreed the oyster fishery within Chichester Harbour will be managed by Sussex IFCA through a section 167 agreement. • Fishing Instrument byelaw – specifies the fishing methods that can be used in the Sussex IFCA district. Only dredging for oysters and scallops is permitted and by virtue dredging for other shellfish species (clam, cockle) iscockle) is prohibited. • Dredging for, fishing for and taking of oysters & clams and removal of cultch byelaw – no person shall dredge for, for fish or take oysters from any public fishery on any day between the 1st of May and the 31st day of October both days inclusive or during the period commencing half an hour after sunset on any day and a half an hour before sunrise on the following day. No person shall remove any oyster (other than a Portuguese Oyster) which can be passed through a circular ring having an internal diameter of 70 mm. • Chichester Harbour Oyster Permit byelaw - establishes a permit basedpermit-based system for the commercial exploitation of native oyster stocks by dredging. The permit has a number of conditions which restrictions on gear and dredge configuration and these include an overall width dimension not exceeding 1.2 metres and if two or more dredges are used the total overall width dimension shall not exceed 2.4 metres, no teeth attached to the dredge along all or any part of the lower dredge mouth frame, any parallel bars forming a ‘ladder’ at the bottom of the dredge mouth must have a minimum gap of 60 mm between the bars, no diving blade is fitted to the dredge, the dredges are clearly marked with the fishing vessels registration or the permit number and the maximum weight of the dredge shall not exceed 50 kg. Other permit conditions include catch restrictions, spatial restrictions and temporal restrictions. Catch restrictions include the prohibition of

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removing any undersized oyster (except for Portuguese and Pacific Oysters), whose maximum dimension will pass through a circular ring of 70 mm in internal diameter. Time restrictions include a diurnal closure, with fishing only allowed to occur from Monday to Friday, 08:00 until 2:00 pm and a seasonal closure from 1st day of March to the 31st day of October. Spatial restrictions utilise a zoned approach, including a prohibition to oyster dredging in long-term brood stock zones and specified fishing area which is further split into two zones. Restrictions in the specified fishing area are annually reviewed and typically access to these zones has been staggered. Access to (prior to the oyster season) and closure of these zones following fishing is based upon a harvest control threshold approach, using a minimum catch per unit effort.

7.6 Classification of Shellfish

EC Regulations 853/2004 and 854/2004 set out criteria relating to the commercial production and sale of live bivalve molluscs (clams, cockles, oysters, mussels etc.) from classified production areas. These regulations form part of UK law and are implemented by means of the Food Safety and Hygiene (England) Regulations 2013. CEFAS coordinate the classification of shellfish beds on behalf of the FSA. Local Authorities are responsible for implementing sampling plans and are empowered to enforce the regulations.

Shellfish production areas are classified according to the extent to which shellfish sampled from the area are contaminated with potentially harmful bacteria. The classification of a production area determines the treatment required before the molluscs may be marketed and the classes are as follows: A class - bivalve molluscs can be harvested for direct human consumption. B class - bivalve molluscs can be marketed for human consumption after purification in an approved plant or after relaying in an approved class A relaying area or after being subjected to an EC approved heat treatment process. C class - bivalve molluscs can be marketed for human consumption only after relaying for at least two months in an approved relaying area followed, where necessary, by treatment in a purification centre, or after an EC approved heat treatment process. Prohibited areas - molluscs must not be subject to production or be collected.

Currently within the Solent EMS there are a number of areas where bivalve species are classified for harvesting. Within these areas there are a number where the harvesting of shellfish has been prohibited due to high E. Coli Levels. The sampling regime for shellfish classification is dependantdependent on the Local Authority.

Included in Annex 9 are the classification maps produced by CEFAS for bivalve species that interact with Southampton Water and Langstone Harbour. The classification of these, and all areas included in the maps are subject to regular sampling and the maps included are correct as of September 2018. In Portsmouth Harbour and Langstone Harbour, due to the restrictive nature of the season, the area is temporarily declassified

Page 65 of 236 SIFCA Reference: SIFCA/HRA/_PPSDPByelaw2018 out of the season and sampling reduced to quarterly, until two months prior to the season when regular samples are taken. Within these areas there are a number where harvesting of shellfish has been prohibited due to high E. Coli levels.

7.7 Monitoring

7.7.1 Solent oyster stock survey18

The Solent oyster population has been monitored on an annual basis since the late 1970s. Up until 2011, the annual stock survey was undertaken by CEFAS when it was discontinued. The stock survey recommenced in 2014 and since then has been undertaken annually by Southern IFCA, initially with guidance from CEFAS. The survey is used to consider the current status of the oyster fishery against an existing time series. Using a local fishing vessel and gear, the survey samples historically harvested shellfish beds, in addition to other areas highlighted by the fishing industry, to ascertain the current densities of oysters in these areas in the Solent. This stock survey informs the Authorities management decisions.

7.7.2 Solent bivalve stock survey19

In October 2017, prior to the introduction of new management for shellfish dredging, Southern IFCA carried out the first bivalve stock survey in Southampton Water using a local vessel and gear to sample bivalve species recording quantities and sizes of individuals caught from a range of defined shellfish beds. The first survey was carried out in Southampton Water and following this, the survey was extended to encompass Portsmouth Harbour and Langstone Harbour. The surveys are timed to coincide with the beginning and end of the season (October and April) to determine how the bivalve populations change and new shellfish dredge management has affected bivalve populations in the Solent.

In Spring 2018, the Solent bivalve stock assessment was again carried out following the closure of dredge fishing in the harbour areas (Southern Inshore Fisheries and Conservation Authority, 2018). In October 2018 the Autumn Solent bivalve stock assessment will also be completed.

18 http://www.southern-ifca.gov.uk/research-and-evidence-reports - Solent oyster stock survey 19 http://www.southern-ifca.gov.uk/research-and-evidence-reports - Solent bivalve stock survey

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7.8 Table 11. Summary of Impacts

The potential pressures, associated impacts, level of exposure and mitigation measures are summarised in table 12. Only relevant attributes identified through the TLSE process have been considered here.

Feature Supporting Attribute Target Potential Pressure(s) and Nature and Likelihood of Impacts Mitigation measures20 Formatted: Font: 9 pt habitat(s) Associated Impacts Formatted: Font: 9 pt

Formatted: Font: 9 pt

Waterbird Intertidal mud, Food Maintain the Removal of non-target and target Using available information on the diet The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt Assemblage sand and muddy availability distribution, species were identified as potential of designated bird species and WeBS apply to all areas of Langstone Harbour, and , Non- sand, abundance pressures. low tide count data distribution maps, Portsmouth Harbour, Southampton breeding and designated bird species sensitive to Water and the wider Solent. Under this qualifying availability of Shellfish dredging is known to cause a changes in food availability within new byelaw, shellfish dredging will be features key food and number of potential impacts on benthic intertidal mudflats and sandflats prohibited for 35 weeks of the year prey items. communities. Dredging results in the subject to shellfish dredging include during spring, summer and autumn direct removal/ mortality of infaunal Bar-tailed godwit, Black-tailed Godwit, months (1st March to 31st October and epifaunal organisms – both target Curlew, Dark Bellied Brent goose, inclusive). This closed season enables and non-target species. There are also Dunlin, Grey plover, Pintail, Ringed the recovery of sedimentary habitats, indirect effects through the alteration of plover, Redshank, ,,, Teal, Turnstone, including infaunal communities which Formatted: Font: 9 pt topography and sediment character Sanderling, Shelduck, Shoveler and supports food availability and helps to and the resuspension of sediments. Wigeon. The sites used by these maintain the structure of intertidal and species, which occur in close proximity subtidal habitats. Additionally, it Bottom towed gear has been shown to to shellfish dredging, are concentrated supports breeding shellfish populations. reduce biomass, production, species within the north eastern quarter of The timings of the recovery period were richness and diversity (Veale et al., Langstone harbour and include west of designed to allow for the quickest period 2000; Hiddink et al., 2003) and the Oyster beds, and the mid of recovery over the summer months, increase variation in community Langstone Channel. In Portsmouth which represents the period of highest structure (Clarke et al., 2018b). Harbour they include Bombketch and biological activity for invertebrate fauna Alterations in the size structure and Portchester lake, whilst is of sedimentary habitats. The permit dynamics of populations and Southampton water the activity is byelaw will only allow shellfish dredging communities are also known to occur focused along the west shore from to take place between 06:00 and 18:00 (Robert et al., 2010). A monitoring Hythe to Calshot and to a lesser extent in order to further manage fishing effort study by Clarke et al., (2018b) due to the more mixed/sandier and aid compliance. Conditions which reported, a higher abundance of small substrate either side of the Hamble govern the bar spacing and strength will annelid worms in the dredged site, Estuary mouth. also form a part of the permit. These will whilst the abundance of molluscs was reduce the number of undersized greater in the control site. Prey preferences exhibited by the shellfishshellfishes being brought up for Formatted: Font: 9 pt dark-bellied Brent goose, teal and sorting and therefore reduce the wigeon include plants, grasses and likelihood of damage and mortality to

20 Detail how this reduces/removes the potential pressure/impact(s) on the feature e.g. spatial/temporal/effort restrictions that would be introduced.

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In a meta-analysis of 39 studies, those seeds and this makes them less these individuals so increasing the prey investigating the effect of intertidal sensitive to changes in food species availability. All catches will be dredging commonly reported 100% availability, as clam dredging is known required to be reported further enabling removal of biogenic fauna and were to cause changes to infaunal Southern IFCA to monitor fishing effort reported to have the most severe initial invertebrates. The Dark-bellied Brent levels throughout the shellfish fishery, impact (Collie et al., 2000). Intertidal goose foods upon feed upon eel grass with the potential to limit the number of dredging may refer to other types of (Zostera spp.) which is protected permits issued in the future. For oysters dredge including suction dredging. under the Prohibition of Gathering only, the Solent Dredge Permit Byelaw This was also observed in an (Sea Fisheries Resources) in will set out ‘Harvest Areas’ giving experimental study conducted in Seagrass Beds byelaw and Bottom Southern IFCA the ability to open and Langstone Harbour where fauna in Towed Fishing gear byelaw. close specific oyster beds. The muddy gravel were seen to either be determination of the status of oyster completed removed or considerably Prey preferences exhibited by beds is based upon annual stock reduced by the dredging activity using Sanderling (Mytilus spat, assessments. a modified oyster dredge (EMU, 1992). sandhopperssand hoppers wrack This will allow greater flexibility to Formatted: Font: 9 pt In the same study, species richness flies) and Red-Breasted Merganser monitor and control the oyster fishery was also found to decrease with a (<11cm fish) and this makes them less fishing effort through more specific mean number of 6.5 species in the sensitive to changes in food availability opening or closing of these areas. Areas control site compared with 4.4 in the caused by clam and oyster dredges as can be closed to allow for the recovery dredge site (EMU, 1992). clam dredging is known to cause of populations or to provide a rest period changes to infaunal invertebrates. for habitat structure to remain The recovery of faunal communities Clam dredging mostly targets intertidal undisturbed. which experience high levels are mud and does not capture small fish natural disturbance are generally species. Vessel Used in Fishing byelaw prohibits characterised by species able to commercial fishing vessels over 12 withstand and recover from The main species of concern are metres from the Southern IFCA district. disturbance (Collie et al., 2000; therefore Bar-tailed godwit, Black- The reduction in vessel size also Roberts et al., 2010). The longer tailed Godwit, Curlew, Dunlin, Grey restricts the type of gear that can be recovery periods for soft sediments are plover, Pintail, Ringed plover, used, with vessels often using lighter related to the fact these habitats are Redshank, Shelduck, Shoveler and towed gear. mediated by physical, chemical and Turnstone. SSSI condition biological processes, as opposed to assessments regard these areas as in The Solent European Marine Site the dominance of physical processes unfavourable but recovering or no (Prohibition of Method of Dredging) that occur within sandy habitats change condition, the reason for which Order 2004 prevents pump scooping as (Roberts et al., 2010). is not related to fishing activity. a means of taking shellfish.

Dunlin, Ringed Plover, Grey Plover Fishing for Oysters, Mussels and Clam and Shelduck, have been set to a byelaw regulates methods can be used restore abundance target in to fish for these species. These are a) Chichester and Langstone Harbours. hand picking and b) dredging using a In Portsmouth Harbour Dunlin is set dredge with a rigid framed south so to a restore target. However, declines designed to take shellfish only when of dunlin in both harbours, and grey towed along the sea bed. plover in Chichester and Langstone Harbours are not thought to be site Temporary Closure of Shellfish Beds specific. There is no evidence which byelaw allows the authority to

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suggests the declines of Ringed temporarily close any bed or part of a Plover and Shelduck are due to bed of shellfish where it is the opinion of changes in prey food availability. the Committee that it is severely depleted and as such required Since the introduction of Bottom temporary closure in order to ensure Towed Fishing Gear Byelaws first recovery, or any bed or part of bed introduced in 2014 and the Solent containing mainly immature or Dredge Fishing Gear Byelaw shellfish undersized shellfish which is in the dredging throughout the Solent has interest of protection and development been noted to decline (Solent Forum, of the fishery, or any bed of transplanted 2018). Most likely this is due to a shellfish that ought to not be fished until combination of the reduction in it becomes established. available fishing area and increases in compliance actions. The Cockles byelaw states that no Both oyster dredging and clam person shall fish for or take from a dredging are now subject to a four- fishery any cockle between 1st day of month open season, operating from February and 30th of April and when the November to February. During this cockle bed is covered by water only a season, an average 3 to 4 vessels will dredge less than 460 mm in width can clam dredge across all three shellfish be used. This largely eliminates the use dredge management areas of a clam dredge for harvesting cockles. (Portsmouth Harbour, Southampton Water and Langstone Harbour) on The Prohibition of Gathering (Sea fishable days when weather and tide Fisheries Resources) in Seagrass Beds permit. Due to tidal restrictions byelaw prohibits any person from associated with the nature of this digging for, fishing for or taking any sea fishery, vessels were not able to fisheries resource in or from the operate over the entire 07:00-17:00 prohibited areas. No person shall carry period open to fishing. The Dredge a rake, spade, fork or any similar tool in Permit Byelaw will enable bivalve prohibited areas. fishing for an additional 2 hours each day the season is open, with the Bottom Towed Fishing Gear 2016 allowable fishing period between byelaw prohibits bottom towed fishing 06:00 and 18:00 daily. However, due gear over sensitive habitats. These to the physical restrictions of tides and habitats include reef, seagrass, as well water depth, this will not lead to a as intertidal and subtidal sediments and direct increase in fishing effort of 2 saltmarsh within the Solent EMS. The hours each day. Dredge fishing for network of permanent bottom towed bivalves in the intertidal in limited by fear closure areas helps to maintain site the tidal height. Engagement with integrity and offer long-term stability fishermen confirms that fishing is only against the effects of fishing possible around a window either side displacement. The network of closure of HW, quoted as 2 hours either side areas withinareas within the Solent MS, Formatted: Font: 9 pt by multiple fishermen. This is further equates to approximately 33.9% of the restricted by vessel size and draft, Solent Maritime SAC. water depth of the are fished, as well

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as weather conditions, all of which further restrict the available fishing period within the 12-hour window and over a period of days and weeks. Furthermore, fishers often do not work over two tidal cycles in one day, as the time restrictions regularly do not allow for this, and depending on catch success in the first tidal window it is often not necessary. Therefore, it is not possible for fishing effort to increase every day for an additional 2 hours. Finally, fishermen often take days off from fishing during each working week as well as over holiday periods further reducing the total effort. This change in management is to provide fishermen greater flexibility upon when they can fish, and is not intended to increase overall total effort. Therefore, this change should not significantly increase the impacts to the food availability in the designated site. Through the requirement to submit catch returns, including time spent fishing, Southern IFCA will have a greater ability to monitor this and quantify changes in fishing effort between seasons, also understanding better the relationship between fishing location, tidal restrictions and stock levels/prey availabiltiyavailability. For Formatted: Font: 9 pt the last five seasons, oyster dredging has only been permitted in the eastern harbours (Portsmouth and Langstone Harbour), with the wider Solent and Southampton Water closed.

In the last three seasons (2016/17; 2017/18), the eastern harbours have been open for the four-month season (as per the Oyster Close Season byelaw). This period will remain the same under the Dredge Permit Byelaw.

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In the 2018/19 season, from the 1st November 2018 two further areas will no longer be closed; Ryde Middle and Portsmouth Harbour.

Typically, an average of 1 to 2 vessels operate over the season on any one day, weather and conditions permitting.

Feature data provided by Natural England, combined with sightings data, reveals that clam dredging occurs over this supporting habitat. This means the activity has the potential to cause a potential adverse effect on the benthic communities on which designated bird species rely.

Since 2013, the wider Solent and Southampton Water has been closed to oyster dredging. As a result, there has been no interaction between the activity and designated bird species.

The lack of activity therefore means that the activity does not interact with benthic communities and has no potential to cause adverse effect on the communities upon which designated bird species rely on at the current status of the fishery.

If Southampton Water and the wider Solent were not subject to closure and the activity were to take place in these areas (in the 2018/19 season Ryde Middle oyster bed will be open), the activity is focused subtidally and occasionally fringes on the intertidal. This means it is likely to have a much reducedmuch-reduced impact in areas Formatted: Font: 9 pt utilised by birds and limited interaction with prey species of designated bird species. In incidences where limited interaction occurs, a period of eight

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months is considered sufficient to allow for recovery. Additional protection is afforded by virtue through permanent closures to bottom towed fishing gear designed to protect good examples of SAC habitat.

In incidences where limited interaction occurs, a period of eight months is considered sufficient to allow for recovery. Additional protection is afforded by virtue through permanent closures to bottom towed fishing gear designed to protect good examples of SAC habitat.

Intertidal habitats are likely to experience a high rate of natural disturbance than subtidal habitats and therefore the severity of clam dredging impacts may be less.

Many small benthic organisms such as crustaceans, polychaetes and mollusc (characteristic of mud communities), have short generation times and high fecundities, both of which enhance their capacity for rapid recolonization (Coen, 1995). In such instances, the effect of dredging on food availability may only be short term.

Annelids in general however are known to be vulnerable to impacts of bottom towed gear. In the meta- analysis conducted by Kaiser et al. (2006), a significant linear regression with time for the response of annelids to the impacts of intertidal dredging in sand and muddy sand habitats was reported. Annelids were predicted to have recovery times of 1210 days in muddy sand habitats (Kaiser et al., 2006). EMU (1992) also reported that annelids were seen to be most badly

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affected by the action of a mechanical modified oyster dredge.

Waterbird Intertidal mixed Food Maintain the Selective extraction of species and Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt assemblage and coarse availability distribution, competition for prey were identified as Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, assemblage sediments abundance potential pressures through direct introduced in 2014 and the Solent Portsmouth Harbour, Southampton and – non- and impacts of clam dredging. Changes in Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this breeeding availability of prey availability and competition for dredging throughout the Solent has new byelaw, shellfish dredging will be qualifying key food and prey were identified as potential been noted to decline (Solent Forum, prohibited for 35 weeks of the year features prey items. pressures through indirect impacts of 2018). Most likely this is due to a during spring, summer and autumn clam dredging. combination of the reduction in months (1st March to 31st October available fishing area and increases in inclusive). This closed season enables The selective extraction of species and compliance actions. the recovery of sedimentary habitats, competition for prey were screened out Feature data provided by Natural including infaunal communities which at TLSE level as Manila clam, England, combined with sightings supports food availability and helps to American hard-shell clam a Native data, reveals that clam dredging does maintain the structure of intertidal and oyster do not represent the prey not regularly occur over this supporting subtidal habitats. Additionally, it species of designated bird species. habitat. This means the activity is supports breeding shellfish populations. highly unlikely to cause a potential The timings of the recovery period were The indirect change in prey availability adverse effect on the benthic designed to allow for the quickest period is caused through physical disturbance communities on which designated bird of recovery over the summer months, or damage to supporting habitats species rely. Since 2013, the wider which represents the period of highest which can result in changes to Solent and Southampton Water has biological activity for invertebrate fauna community structure, the removal and been closed to oyster dredging. As a of sedimentary habitats. The permit mortality of non-target organisms result, there has been no interaction byelaw will only allow shellfish dredging through interaction with fishing gear between the activity and designated to take place between 06:00 and 18:00 and smothering of prey species bird species. in order to further manage fishing effort through increased sedimentation. and aid compliance. Conditions which The lack of activity therefore means govern the bar spacing and strength will Bottom towed gear has been shown to that the activity does not interact with also form a part of the permit. These will reduce biomass, production and benthic communities and has no reduce the number of undersized species richness and diversity (Veale potential to cause adverse effect on shellfishshellfishes being brought up for Formatted: Font: 9 pt et al., 2000; Hiddink et al., 2003). In a the communities upon which sorting and therefore reduce the meta-analysis of 39 studies, those designated bird species rely on at the likelihood of damage and mortality to investigating the effect of intertidal current status of the fishery. these individuals so increasing the prey dredging commonly reported 100% species availability. All catches will be removal of biogenic fauna and were Feature data provided by Natural required to be reported further enabling reported to have the most severe initial England, combined with sightings Southern IFCA to monitor fishing effort impact (Collie et al., 2000). Intertidal data, reveals that clam dredging does levels throughout the shellfish fishery, dredging may refer to other types of not occur over intertidal coarse with the potential to limit the number of dredge including suction dredging. sediment habitat and occurs only very permits issued in the future. For oysters occasionally over intertidal mixed only, the Solent Dredge Permit Byelaw The relative impact of shellfish sediments. This means the activity is will set out ‘Harvest Areas’ giving dredging on benthic organisms, which very unlikely to have the potential to Southern IFCA the ability to open and form potential prey items, is species- cause adverse effect on the benthic close specific oyster beds. The

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specific and largely related to their communities in these habitats on determination of the status of oyster biological characteristics and physical which designated bird species rely. beds is based upon annual stock habitat (Mercaldo-Allen & Goldberg, assessments. 2011). Population recovery rates are species specific (Roberts et al., 2010). If Southampton Water and the wider This will allow greater flexibility to Long-lived bivalves will undoubtedly Solent were not subject to closure and monitor and control the oyster fishery take longer to recovery from the activity were to take place in these fishing effort through more specific disturbance than other species such as areas (in the 2018/19 season Ryde opening or closing of these areas. Areas short-lived and small benthic Middle oyster bed will be open), the can be closed to allow for the recovery organisms on the other hand have activity is focused subtidally and of populations or to provide a rest period rapid generation times, high occasionally fringes on the intertidal. for habitat structure to remain fecundities and therefore excellent This means it is likely to have a much- undisturbed. recolonization capacities (Coen, 1995; reduced impact in areas utilised by Roberts et al., 2010). birds and limited interaction with prey Vessels Used in Fishing byelaw species of designated bird species. In prohibits commercial fishing vessels incidences where limited interaction over 12 metres from the Southern IFCA occurs, a period of eight months is district. The reduction in vessel size also considered sufficient to allow for restricts the type of gear that can be recovery. Additional protection is used, with vessels often using lighter afforded by virtue through permanent towed gear. closures to bottom towed fishing gear designed to protect good examples of The Solent European Marine Site SAC habitat. (Prohibition of Method of Dredging) Order 2004 prevents pump scooping as In incidences where limited interaction a means of taking shellfish. occurs, a period of eight months is considered sufficient to allow for Fishing for Oysters, Mussels and Clam recovery. Additional protection is byelaw regulates methods can be used afforded by virtue through permanent to fish for these species. These are a) closures to bottom towed fishing gear hand picking and b) dredging using a designed to protect good examples of dredge with a rigid framed south so SAC habitat. designed to take shellfish only when towed along the sea bed.

Temporary Closure of Shellfish Beds byelaw allows the authority to temporarily close any bed or part of a bed of shellfish where it is the opinion of the Committee that it is severely depleted and as such required temporary closure in order to ensure recovery, or any bed or part of bed containing mainly immature or undersized shellfish which is in the interest of protection and development of the fishery, or any bed of transplanted

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shellfish that ought to not be fished until it becomes established.

The Cockles byelaw states that no person shall fish for or take from a fishery any cockle between 1st day of February and 30th of April and when the cockle bed is covered by water only a dredge less than 460 mm in width can be used. This largely eliminates the use of a clam dredge for harvesting cockles.

The Prohibition of Gathering (Sea Fisheries Resources) in Seagrass Beds byelaw prohibits any person from digging for, fishing for or taking any sea fisheries resource in or from the prohibited areas. No person shall carry a rake, spade, fork or any similar tool in prohibited areas.

Bottom Towed Fishing Gear 2016 byelaw prohibits bottom towed fishing gear over sensitive habitats. These habitats include reef, seagrass, as well as intertidal and subtidal sediments and saltmarsh within the Solent EMS. The network of permanent bottom towed fear closure areas helps to maintain site integrity and offer long-term stability against the effects of fishing displacement. The network of closure areas withinareas within the Solent MS, Formatted: Font: 9 pt equates to approximately 33.9% of the Solent Maritime SAC.

Waterbird Intertidal mud, Food Maintain the Selective extraction of species and Using available information on the diet The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt assemblage sand and muddy availability distribution, competition for prey were identified as of designated bird species and WeBS apply to all areas of Langstone Harbour, and non- sand abundance potential pressures through direct low tide count data distribution maps, Portsmouth Harbour, Southampton breeding and impacts of clam dredging. Changes in designated bird species sensitive to Water and the wider Solent. Under this qualifying availability of prey availability and competition for changes in food availability within new byelaw, shellfish dredging will be features key food and prey were identified as potential intertidal mudflats and sandflats prohibited for 35 weeks of the year International prey items. pressures through indirect impacts of subject to shellfish dredging include during spring, summer and autumn ly important clam dredging. Bar-tailed godwit, Black-tailed Godwit, months (1st March to 31st October regularly Curlew, Dark Bellied Brent goose, inclusive). This closed season enables occurring Dunlin, Grey plover, Pintail, Ringed the recovery of sedimentary habitats,

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migratory The selective extraction of species and plover, Redshank, ,,, Teal, Turnstone, including infaunal communities which Formatted: Font: 9 pt species/ competition for prey were screened out Sanderling, Shelduck, Shoveler and supports food availability and helps to Nationally at TLSE level as Manila clam, Wigeon. The sites used by these maintain the structure of intertidal and important American hard-shell clam and Native species, which occur in close proximity subtidal habitats. Additionally, it populations oyster do not represent the prey to shellfish dredging, are concentrated supports breeding shellfish populations. of regularly species of designated bird species. within the north eastern quarter of The timings of the recovery period were occurring Langstone harbour and include west of designed to allow for the quickest period migratory The indirect change in prey availability the Oyster beds, and the mid of recovery over the summer months, species is caused through physical disturbance Langstone Channel. In Portsmouth which represents the period of highest or damage to supporting habitats Harbour they include Bombketch and biological activity for invertebrate fauna which can result in changes to Portchester lake, whilst is of sedimentary habitats. The permit community structure, the removal and Southampton water the activity is byelaw will only allow shellfish dredging mortality of non-target organisms focused along the west shore from to take place between 06:00 and 18:00 through interaction with fishing gear Hythe to Calshot and to a lesser extent in order to further manage fishing effort and smothering of prey species due to the more mixed/sandier and aid compliance. Conditions which through increased sedimentation. substrate either side of the Hamble govern the bar spacing and strength will Estuary mouth. also form a part of the permit. These will Bottom towed gear has been shown to reduce the number of undersized reduce biomass, production, species Prey preferences exhibited by the shellfishshellfishes being brought up for Formatted: Font: 9 pt richness and diversity (Veale et al., dark-bellied Brent goose, teal and sorting and therefore reduce the 2000; Hiddink et al., 2003) and wigeon include plants, grasses and likelihood of damage and mortality to increase variation in community seeds and this makes them less these individuals so increasing the prey structure (Clarke et al., 2018b). sensitive to changes in food species availability. All catches will be Alterations in the size structure and availability, as clam dredging is known required to be reported further enabling dynamics of populations and to cause changes to infaunal Southern IFCA to monitor fishing effort communities are also known to occur invertebrates. The Dark-bellied Brent levels throughout the shellfish fishery, (Robert et al., 2010). A monitoring goose foods upon feed upon eel grass with the potential to limit the number of study by Clarke et al., (2018b) (Zostera spp.) which is protected permits issued in the future. For oysters reported, a higher abundance of small under the Prohibition of Gathering only, the Solent Dredge Permit Byelaw annelid worms in the dredged site, (Sea Fisheries Resources) in will set out ‘Harvest Areas’ giving whilst the abundance of molluscs was Seagrass Beds byelaw and Bottom Southern IFCA the ability to open and greater in the control site. Towed Fishing gear byelaw. close specific oyster beds. The determination of the status of oyster In a meta-analysis of 39 studies, those Prey preferences exhibited by beds is based upon annual stock investigating the effect of intertidal Sanderling (Mytilus spat, assessments. dredging commonly reported 100% sandhopperssand hoppers wrack Formatted: Font: 9 pt removal of biogenic fauna and were flies) and Red-Breasted Merganser This will allow greater flexibility to reported to have the most severe initial (<11cm fish) and this makes them less monitor and control the oyster fishery impact (Collie et al., 2000). Intertidal sensitive to changes in food availability fishing effort through more specific dredging may refer to other types of caused by clam and oyster dredges as opening or closing of these areas. Areas dredge including suction dredging. clam dredging is known to cause can be closed to allow for the recovery This was also observed in an changes to infaunal invertebrates. of populations or to provide a rest period experimental study conducted in Clam dredging mostly targets intertidal for habitat structure to remain Langstone Harbour where fauna in mud and does not capture small fish undisturbed. muddy gravel were seen to either be species. Vessels Used in Fishing byelaw completed removed or considerably prohibits commercial fishing vessels

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reduced by the dredging activity using The main species of concern are over 12 metres from the Southern IFCA a modified oyster dredge (EMU, 1992). therefore Bar-tailed godwit, Black- district. The reduction in vessel size also In the same study, species richness tailed Godwit, Curlew, Dunlin, Grey restricts the type of gear that can be was also found to decrease with a plover, Pintail, Ringed plover, used, with vessels often using lighter mean number of 6.5 species in the Redshank, Shelduck, Shoveler and towed gear. control site compared with 4.4 in the Turnstone. SSSI condition dredge site (EMU, 1992). assessments regard these areas as in The Solent European Marine Site unfavourable but recovering or no (Prohibition of Method of Dredging) change condition, the reason for which Order 2004 prevents pump scooping as The relative impact of shellfish is not related to fishing activity. a means of taking shellfish. dredging on benthic organisms, which form potential prey items, is species- Dunlin, Ringed Plover, Grey Plover Fishing for Oysters, Mussels and Clam specific and largely related to their and Shelduck, have been set to a byelaw regulates methods can be used biological characteristics and physical restore abundance target in to fish for these species. These are a) habitat (Mercaldo-Allen & Goldberg, Chichester and Langstone Harbours. hand picking and b) dredging using a 2011). Population recovery rates are In Portsmouth Harbour Dunlin is set dredge with a rigid framed south so species specific (Roberts et al., 2010). to a restore target. However, declines designed to take shellfish only when ).). Long-lived bivalves will of dunlin in both harbours, and grey towed along the sea bed. Formatted: Font: 9 pt undoubtedly take longer to recovery plover in Chichester and Langstone from disturbance than other species Harbours are not thought to be site Temporary Closure of Shellfish Beds such as short-lived and small benthic specific. There is no evidence which byelaw allows the authority to organisms on the other hand have suggests the declines of Ringed temporarily close any bed or part of a rapid generation times, high Plover and Shelduck are due to bed of shellfish where it is the opinion of fecundities and therefore excellent changes in prey food availability. the Committee that it is severely recolonization capacities (Coen, 1995; depleted and as such required Roberts et al., 2010). Since the introduction of Bottom temporary closure in order to ensure Towed Fishing Gear Byelaws first recovery, or any bed or part of bed The recovery of faunal communities introduced in 2014 and the Solent containing mainly immature or which experience high levels are Dredge Fishing Gear Byelaw shellfish undersized shellfish which is in the natural disturbance are generally dredging throughout the Solent has interest of protection and development characterised by species able to been noted to decline (Solent Forum, of the fishery, or any bed of transplanted withstand and recover from 2018). Most likely this is due to a shellfish that ought to not be fished until disturbance (Collie et al., 2000; combination of the reduction in it becomes established. Roberts et al., 2010). The longer available fishing area and increases in recovery periods for soft sediments are compliance actions. The Cockles byelaw states that no related to the fact these habitats are Feature data provided by Natural person shall fish for or take from a mediated by physical, chemical and England, combined with sightings fishery any cockle between 1st day of biological processes, as opposed to data, reveals that shellfish dredging February and 30th of April and when the the dominance of physical processes occurs over this supporting habitat. cockle bed is covered by water only a that occur within sandy habitats This means the activity is likely to dredge less than 460 mm in width can (Roberts et al., 2010). cause a potential adverse effect on the be used. This largely eliminates the use benthic communities on which of a clam dredge for harvesting cockles. designated bird species rely. The Prohibition of Gathering (Sea Both oyster dredging and clam Fisheries Resources) in Seagrass Beds dredging are now subject to a four- byelaw prohibits any person from

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month open season, operating from digging for, fishing for or taking any sea November to February. During this fisheries resource in or from the season, an average 3 to 4 vessels will prohibited areas. No person shall carry clam dredge across all three shellfish a rake, spade, fork or any similar tool in dredge management areas prohibited areas. (Portsmouth Harbour, Southampton Water and Langstone Harbour) on The Bottom Towed Fishing Gear byelaw fishable days when weather and tide prohibits bottom towed fishing gear over permit. Due to tidal restrictions sensitive features including reef associated with the nature of this features and seagrass within the Solent fishery, vessels were not able to and Chichester and Langstone operate over the entire 07:00-17:00 Harbours SPA, closing most of the site period open to fishing. The Dredge to these activities. Southern IFCA is Permit Byelaw will enable bivalve currently amending this byelaw to fishing for an additional 2 hours each introduce additional network of day the season is open, with the permanent bottom towed fishing gear allowable fishing period between closure areas. The network is designed 06:00 and 18:00 daily. However, due to protect good examples of low-energy to the physical restrictions of tides and SAC habitats, maintaining the integrity water depth, this will not lead to a of the site, whilst also offering long-term direct increase in fishing effort of 2 stability to guard against the effects of hours each day. Dredge fishing for fishing effort displacement which may bivalves in the intertidal in limited by result from other additional measures the tidal height. Engagement with also being introduced. These additional fishermen confirms that fishing is only measures include spatial and temporal possible around a window either side restrictions on shellfish dredging within of HW, quoted as 2 hours either side the site, via a network of dredge fishing by multiple fishermen. This is further management areas and daily closures restricted by vessel size and draft, from 17:00 to 07:00 (further details in water depth of the area fished, as well section 7). Within each dredge fishing as weather conditions, all of which management area, shellfish dredging further restrict the available fishing will be prohibited for 35 weeks of the period within the 12-hour window and year during the spring, summer and over a period of days and weeks. autumn months in order to enable the Furthermore, fishers often do not work recovery of infaunal communities and to over two tidal cycles in one day, as the maintain the structure of intertidal and time restrictions regularly do not allow subtidal habitats, as well as supporting for this, and depending on catch breeding shellfish populations. success in the first tidal window it is often not necessary. Therefore, it is not possible for fishing effort to increase every day for an additional 2 hours. Finally, fishermen often take days off from fishing during each working week as well as over holiday periods further reducing the total effort.

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This change in management is to provide fishermen greater flexibility upon when they can fish, and is not intended to increase overall total effort. Therefore, this change should not significantly increase the impacts to the food availability in the designated site. Through the requirement to submit catch returns, including time spent fishing, Southern IFCA will have a greater ability to monitor this and quantify changes in fishing effort between seasons, also understanding better the relationship between fishing location, tidal restrictions and stock levels/prey availability.

For the last five seasons, oyster dredging has only been permitted in the eastern harbours (Portsmouth and Langstone Harbour), with the wider Solent and Southampton Water closed. In the last two seasons (2016/17; 2017/18), the eastern harbours have been open for the four- month season (as per the Oyster Close Season byelaw). This period will remain the same under the Dredge Permit Byelaw. In the 2018/19 season, from the 1st November 2018 two further areas will no longer be closed; Ryde Middle and Portsmouth Harbour. Typically, an average of 1 to 2 vessels operate over the season on any one day, weather and conditions permitting.

Since 2013, the wider Solent and Southampton Water has been closed to oyster dredging. As a result, there has been no interaction between the activity and designated bird species.

The lack of activity therefore means that the activity does not interact with benthic communities and has no

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potential to cause adverse effect on the communities upon which designated bird species rely on at the current status of the fishery.

Intertidal habitats are likely to experience a high rate of natural disturbance than subtidal habitats and therefore the severity of clam dredging impacts may be less.

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(Coen, 1995). In such instances, the effect of dredging on food availability may only be short term.

Recovery rates of key prey species taken by birds of concern are presented in Annex 10. These rates of recovery where taken by Fern et al. (2000) who investigated the impacts of a tractor-towed cockle harvester in muddy sand and clean sand. Waterbird Intertidal mixed Food Maintain the Selective extraction of species and Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt assemblage and coarse availability distribution, competition for prey were identified as Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, and non- sediment abundance potential pressures through direct introduced in 2014 and the Solent Portsmouth Harbour, Southampton breeding and impacts of clam dredging. Changes in Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this qualifying availability of prey availability and competition for dredging throughout the Solent has new byelaw, shellfish dredging will be features key food and prey were identified as potential been noted to decline (Solent Forum, prohibited for 35 weeks of the year International prey items. pressures through indirect impacts of 2018). Most likely this is due to a during spring, summer and autumn ly important clam dredging. combination of the reduction in months (1st March to 31st October regularly available fishing area and increases in inclusive). This closed season enables occurring The selective extraction of species and compliance actions. the recovery of sedimentary habitats, migratory competition for prey were screened out Intertidal mixed and coarse sediment including infaunal communities which species/ at TLSE level as Manila clam, provide an important feeding habitat supports food availability and helps to Nationally American hard-shell clam, Native for ringed plover who feed on small maintain the structure of intertidal and important oyster do not represent the prey invertebrates and the Dark-bellied subtidal habitats. Additionally, it populations species of designated bird species. brent goose who feed on algae supports breeding shellfish populations. of regularly (Enteromorpha spp.), a food item also The timings of the recovery period were occurring The indirect change in prey availability preferred by Teal, Wigeon and designed to allow for the quickest period migratory is caused through physical disturbance Shelduck. of recovery over the summer months, species or damage to supporting habitats which represents the period of highest

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which can result in changes to Feature data provided by Natural biological activity for invertebrate fauna community structure, the removal and England, combined with sightings of sedimentary habitats. The permit mortality of non-target organisms data, reveals that clam dredging does byelaw will only allow shellfish dredging through interaction with fishing gear not occur over intertidal coarse to take place between 06:00 and 18:00 and smothering of prey species sediment and only rarely occurs over in order to further manage fishing effort through increased sedimentation. intertidal mixed sediment supporting and aid compliance. Conditions which habitat. This means the activity is govern the bar spacing and strength will Bottom towed gear has been shown to highly unlikely to cause a potential also form a part of the permit. These will reduce biomass, production, species adverse effect on the benthic reduce the number of undersized richness and diversity (Veale et al., communities on which designated bird shellfishshellfishes being brought up for Formatted: Font: 9 pt 2000; Hiddink et al., 2003) and species rely. sorting and therefore reduce the increase variation in community likelihood of damage and mortality to structure (Clarke et al., 2018b). Since 2013, the wider Solent and these individuals so increasing the prey Alterations in the size structure and Southampton Water has been closed species availability. All catches will be dynamics of populations and to oyster dredging. As a result, there required to be reported further enabling communities are also known to occur has been no interaction between the Southern IFCA to monitor fishing effort (Robert et al., 2010). A monitoring activity and designated bird species. levels throughout the shellfish fishery, study by Clarke et al., (2018b) with the potential to limit the number of reported, a higher abundance of small The lack of activity therefore means permits issued in the future. For oysters annelid worms in the dredged site, that the activity does not interact with only, the Solent Dredge Permit Byelaw whilst the abundance of molluscs was benthic communities and has no will set out ‘Harvest Areas’ giving greater in the control site. potential to cause adverse effect on Southern IFCA the ability to open and the communities upon which close specific oyster beds. The In a meta-analysis of 39 studies, those designated bird species rely on at the determination of the status of oyster investigating the effect of intertidal current status of the fishery. beds is based upon annual stock dredging commonly reported 100% assessments. removal of biogenic fauna and were Feature data provided by Natural reported to have the most severe initial England, combined with sightings This will allow greater flexibility to impact (Collie et al., 2000). Intertidal data, reveals that clam dredging does monitor and control the oyster fishery dredging may refer to other types of not occur over intertidal coarse fishing effort through more specific dredge including suction dredging. sediment habitat and occurs only very opening or closing of these areas. Areas This was also observed in an occasionally over intertidal mixed can be closed to allow for the recovery experimental study conducted in sediments. This means the activity is of populations or to provide a rest period Langstone Harbour where fauna in very unlikely to have the potential to for habitat structure to remain muddy gravel were seen to either be cause adverse effect on the benthic undisturbed. completed removed or considerably communities in these habitats on Vessels Used in Fishing byelaw reduced by the dredging activity using which designated bird species rely. prohibits commercial fishing vessels a modified oyster dredge (EMU, 1992). over 12 metres from the Southern IFCA In the same study, species richness If Southampton Water and the wider district. The reduction in vessel size also was also found to decrease with a Solent were not subject to closure and restricts the type of gear that can be mean number of 6.5 species in the the activity were to take place in these used, with vessels often using lighter control site compared with 4.4 in the areas (in the 2018/19 season Ryde towed gear. dredge site (EMU, 1992). Middle oyster bed will be open), the activity is focused subtidally and The Solent European Marine Site occasionally fringes on the intertidal. (Prohibition of Method of Dredging) This means it is likely to have a much

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The relative impact of shellfish reducedmuch-reduced impact in areas Order 2004 prevents pump scooping as Formatted: Font: 9 pt dredging on benthic organisms, which utilised by birds and limited interaction a means of taking shellfish. form potential prey items, is species- with prey species of designated bird specific and largely related to their species. In incidences where limited Fishing for Oysters, Mussels and Clam biological characteristics and physical interaction occurs, a period of eight byelaw regulates methods can be used habitat (Mercaldo-Allen & Goldberg, months is considered sufficient to to fish for these species. These are a) 2011). Population recovery rates are allow for recovery. Additional hand picking and b) dredging using a species specific (Roberts et al., 2010). protection is afforded by virtue through dredge with a rigid framed south so Long-lived bivalves will undoubtedly permanent closures to bottom towed designed to take shellfish only when take longer to recovery from fishing gear designed to protect good towed along the sea bed. disturbance than other species such as examples of SAC habitat. short-lived and small benthic Temporary Closure of Shellfish Beds organisms on the other hand have In incidences where limited interaction byelaw allows the authority to rapid generation times, high occurs, a period of eight months is temporarily close any bed or part of a fecundities and therefore excellent considered sufficient to allow for bed of shellfish where it is the opinion of recolonization capacities (Coen, 1995; recovery. Additional protection is the Committee that it is severely Roberts et al., 2010). afforded by virtue through permanent depleted and as such required closures to bottom towed fishing gear temporary closure in order to ensure The recovery of faunal communities designed to protect good examples of recovery, or any bed or part of bed which experience high levels are SAC habitat. containing mainly immature or natural disturbance are generally undersized shellfish which is in the characterised by species able to interest of protection and development withstand and recover from of the fishery, or any bed of transplanted disturbance (Collie et al., 2000; shellfish that ought to not be fished until Roberts et al., 2010). The longer it becomes established. recovery periods for soft sediments are related to the fact these habitats are The Cockles byelaw states that no mediated by physical, chemical and person shall fish for or take from a biological processes, as opposed to fishery any cockle between 1st day of the dominance of physical processes February and 30th of April and when the that occur within sandy habitats cockle bed is covered by water only a (Roberts et al., 2010). The selective dredge less than 460 mm in width can extraction of species and competition be used. This largely eliminates the use for prey were screened out at TLSE of a clam dredge for harvesting cockles. level as Manila clam and American hard-shell clam do not represent the The Prohibition of Gathering (Sea prey species of designated bird Fisheries Resources) in Seagrass Beds species. byelaw prohibits any person from digging for, fishing for or taking any sea fisheries resource in or from the prohibited areas. No person shall carry a rake, spade, fork or any similar tool in prohibited areas.

The Bottom Towed Fishing Gear byelaw prohibits bottom towed fishing gear over

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sensitive features including reef features and seagrass within the Solent and Chichester and Langstone Harbours SPA, SouthernSPA, Southern IFCA is currently amending Formatted: Font: 9 pt this byelaw to introduce additional network of permanent bottom towed fishing gear closure areas. The network is designed to protect good examples of low-energy SAC habitats, maintaining the integrity of the site, whilst also offering long-term stability to guard against the effects of fishing effort displacement which may result from other additional measures also being introduced. These additional measures include spatial and temporal restrictions on shellfish dredging within the site, via a network of dredge fishing management areas and daily closures from 17:00 to 07:00 (further details in section 7). Within each dredge fishing management area, shellfish dredging will be prohibited for 35 weeks of the year during the spring, summer and autumn months in order to enable the recovery of infaunal communities and to maintain the structure of intertidal and subtidal habitats, as well as supporting breeding shellfish populations. Waterfowl All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt Assemblage caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam & oyster dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases inclusive). This closed season enables feeding, can include a reduction in the survival in compliance actions. Both oyster the recovery of sedimentary habitats, moulting of displaced individuals and effects on dredging and clam dredging are now including infaunal communities which and/or the population size. The movement of subject to a four-month open season, supports food availability and helps to loafing birds birds to less suitable feeding areas can operating from November to maintain the structure of intertidal and so that they lead to increased densities and February. During this season, an subtidal habitats. Additionally, it are not interspecific competition. Disturbance average 3 to 4 vessels will clam supports breeding shellfish populations. can cause birds to take flight which dredge across all three shellfish The timings of the recovery period were

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significantly increase energy demands and reduce dredge management areas designed to allow for the quickest period disturbed. food intake with potential (Portsmouth Harbour, Southampton of recovery over the summer months, consequences for survival and Water and Langstone Harbour) on which represents the period of highest reproduction. fishable days when weather and tide biological activity for invertebrate fauna permit. Due to tidal restrictions of sedimentary habitats. The permit The significance of disturbance is likely associated with the nature of this byelaw will only allow shellfish dredging to depend on the availability of fishery, vessels are not able to to take place between 06:00 and 18:00 alternative undisturbed areas for birds operate over the entire 07:00-17:00 in order to further manage fishing effort and the frequency, seasonality and period open to fishing. The Dredge and aid compliance. Conditions which intensity at which shellfish dredging Permit Byelaw will enable bivalve govern the bar spacing and strength will takes place. Responsiveness to fishing for an additional 2 hours each also form a part of the permit. These will disturbance is largely thought to be a day the season is open, with the reduce the number of undersized species-specific trait. allowable fishing period between shellfishshellfishes being brought up for Formatted: Font: 9 pt 06:00 and 18:00 daily. However, due sorting and therefore reduce the to the physical restrictions of tides likelihood of damage and mortality to and water depth, this will not lead to a these individuals. All catches will be direct increase in fishing effort of 2 required to be reported further enabling hours each day. Dredge fishing for Southern IFCA to monitor fishing effort bivalves in the intertidal in limited by levels throughout the shellfish fishery, the tidal height. Engagement with with the potential to limit the number of fishermen confirms that fishing is only permits issued in the future. For oysters possible around a window either side only, the Solent Dredge Permit Byelaw of HW, quoted as 2 hours either side will set out ‘Harvest Areas’ giving by multiple fishermen. This is further Southern IFCA the ability to open and restricted by vessel size and draft, close specific oyster beds. The water depth of the area fished, as well determination of the status of oyster as weather conditions, all of which beds is based upon annual stock further restrict the available fishing assessments. period within the 12-hour window and over a period of days and weeks. This will allow greater flexibility to Furthermore, fishers often do not monitor and control the oyster fishery work over two tidal cycles in one day, fishing effort through more specific as the time restrictions regularly do opening or closing of these areas. Areas not allow for this, and depending on can be closed to allow for the recovery catch success in the first tidal window of populations or to provide a rest period it is often not necessary. Therefore, it for habitat structure to remain is not possible for fishing effort to undisturbed. increase every day for an additional 2 hours. Finally, fishermen often take Vessels Used in Fishing byelaw days of from fishing during each prohibits commercial fishing vessels working week as well as over holiday over 12 metres from the Southern IFCA periods further reducing the total district. The reduction in vessel size also effort. This change in management is restricts the type of gear that can be to provide fishermen greater flexibility used, with vessels often using lighter upon when they can fish, and is not towed gear. intended to increase overall total

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effort. Therefore, this change should The Solent European Marine Site not significantly increase the impacts (Prohibition of Method of Dredging) to the habitats, fauna and features of Order 2004 prevents pump scooping as the designated site. Through the a means of taking shellfish. requirement to submit catch returns, including time spent fishing, Southern Bottom Towed Fishing Gear 2016 IFCA will have a greater ability to byelaw prohibits bottom towed fishing monitor this and quantify changes in gear over sensitive habitats. These fishing effort between seasons, also habitats include reef, seagrass, as well understanding better the relationship as intertidal and subtidal sediments and between fishing location and tidal saltmarsh within the Solent EMS. The restrictions. network of permanent bottom towed fear closure areas helps to maintain site Since 2013, the wider Solent and integrity and offer long-term stability Southampton Water has been closed against the effects of fishing to oyster dredging. As a result, there displacement. The network of closure has been no interaction between the areas within the Solent MS, equates to activity and designated bird species. In approximately 33.9% of the Solent the 2018/19 season Ryde middle bed Maritime SAC. will be open however this bed is not located close to any SPA Fishing for Oysters, Mussels and Clam byelaw regulates methods can be used The lack of activity therefore means to fish for these species. These are a) that oyster dredging does not interact hand picking and b) dredging using a with the protected birds features and dredge with a rigid framed south so therefore cannot cause disturbance. designed to take shellfish only when towed along the sea bed. If Southampton Water and the wider Solent were not subject to closure, and Temporary Closure of Shellfish Beds the activity were to take place in these byelaw allows the authority to areas (Ryde Middle oyster bed will be temporarily close any bed or part of a open for the 2018/19 season), the bed of shellfish where it is the opinion of activity is focused subtidally and the Committee that it is severely occasionally fringes on the intertidal. It depleted and as such required is thought that oyster dredging has temporary closure in order to ensure very little direct impact on disturbance recovery, or any bed or part of bed of waders since the activity occurs containing mainly immature or subtidally and when it does occur on undersized shellfish which is in the the fringes of the intertidal zone (which interest of protection and development is infrequently) it does so at high tide of the fishery, or any bed of transplanted and feeding takes place at low tide, shellfish that ought to not be fished until thustide, thus eliminating the possibly it becomes established. For the last Formatted: Font: 9 pt of any adverse significant effect. three seasons (2013/14, 2014/15 and Additional protection is afforded by 2015/16) this byelaw has been used to virtue through permanent closures to close the oyster fishery in Southampton Water and the wider Solent, as well as

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bottom towed fishing gear designed to shortening the open season in the protect good examples of SAC habitat. eastern harbours. For the 2016/17 season, Southampton Water and the It is thought that shellfish dredging has wider Solent will remain closed and the very little direct impact on disturbance eastern harbours will open as per the of waders since it occurs at high tide Oyster Close Season byelaw. The and feeding takes place at low tide, Oyster Close Season byelaw prohibits thus eliminating the possibly of any any person from dredging or fishing for adverse significant effect. in or taking any fishery oysters during the period from the 1st day of March to Langstone Harbour is an area subject the 31st of October in any year. to moderate levels of vessel traffic and Oyster dredge byelaw prohibits the use Solent and Southampton Water of any dredge which exceeds 1.5 m in experiences high levels of vessel length when using a single dredge or traffic and some bird species can totalling 3.0 m in length when using two become habituated to particular dredges at the same time. disturbance events or types of disturbance. In the context of the Oysters, Clams, Mussels – Prohibition vessel levels that occur within these on Night Fishing byelaw prohibits any SPAs, it is therefore highly unlikely that person from dredging or fishing or taking shellfish dredging will lead to a any oysters before 8.00 am or after 4.00 significant adverse effect on the pm during the open season. feature. In addition, the Harbours and Southampton Water are subject to The Prohibition of Gathering (Sea periodic maintenance dredging that is Fisheries Resources) in Seagrass Beds likely to lead to greater disturbance byelaw prohibits any person from than that caused by shellfish dredging. digging for, fishing for or taking any sea fisheries resource in or from the Both oyster dredging and clam prohibited areas. No person shall carry dredging are now subject to a four- a rake, spade, fork or any similar tool in month open season, operating from prohibited areas. November to February. During this season, an average 3 to 4 vessels will clam dredge across all three shellfish dredge management areas (Portsmouth Harbour, Southampton Water and Langstone Harbour) on fishable days when weather and tide permit. Due to tidal restrictions associated with the nature of this fishery, vessels are not able to operate over the entire 07:00-17:00 period open to fishing. The Dredge Permit Byelaw will enable bivalve fishing for an additional 2 hours each day the season is open, with the allowable

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fishing period between 06:00 and 18:00 daily. However, due to the physical restrictions of tides and water depth, this will not lead to a direct increase in fishing effort of 2 hours each day. Dredge fishing for bivalves in the intertidal in limited by the tidal height. Engagement with fishermen confirms that fishing is only possible around a window either side of HW, quoted as 2 hours either side by multiple fishermen. This is further restricted by vessel size and draft, water depth of the are fished, as well as weather conditions, all of which further restrict the available fishing period within the 12-hour window and over a period of days and weeks. Furthermore, fishers often do not work over two tidal cycles in one day, as the time restrictions regularly do not allow for this, and depending on catch success in the first tidal window it is often not necessary. Therefore, it is not possible for fishing effort to increase every day for an additional 2 hours. Finally, fishermen often take days of from fishing during each working week as well as over holiday periods further reducing the total effort. This change in management is to provide fishermen greater flexibility upon when they can fish, and is not intended to increase overall total effort. Therefore, this change should not significantly increase the impacts to the habitats, fauna and features of the designated site. Through the requirement to submit catch returns, including time spent fishing, Southern IFCA will have a greater ability to monitor this and quantify changes in fishing effort between seasons, also understanding better the relationship between fishing location and tidal restrictions.

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Black-tailed All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt godwit caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on including infaunal communities which and/or the population size. The movement of There is no colocation information supports food availability and helps to loafing birds birds to less suitable feeding areas can available for Black tailed Godwit in maintain the structure of intertidal and so that they lead to increased densities and Solent and Southampton water. In subtidal habitats. Additionally, it are not interspecific competition. Disturbance Portsmouth black tailed godwits are supports breeding shellfish populations. significantly can cause birds to take flight which known to feed in at least one area The timings of the recovery period were disturbed. increase energy demands and reduce where co-location of the feature exists designed to allow for the quickest period food intake with potential with clam dredging activity. of recovery over the summer months, consequences for survival and It is thought that shellfish dredging has which represents the period of highest reproduction. very little direct impact on disturbance biological activity for invertebrate fauna of waders since it occurs at high tide of sedimentary habitats. The permit The significance of disturbance is likely and feeding takes place at low tide. byelaw will only allow shellfish dredging to depend on the availability of to take place between 06:00 and 18:00 alternative undisturbed areas for birds Black-tailed godwits are present in in order to further manage fishing effort and the frequency, seasonality and significant numbers from July to April. and aid compliance. Conditions which intensity at which shellfish dredging govern the bar spacing and strength will takes place. Responsiveness to The wind-farm sensitivity index also form a part of the permit. These will disturbance is largely thought to be a indicates the Black-tailed godwit has reduce the number of undersized species-specific trait. low sensitivity to wind farm shellfishshellfishes being brought up for Formatted: Font: 9 pt developments. Furthermore, Gill et al. sorting and therefore reduce the (2001) reported no significant likelihood of damage and mortality to relationship between numbers of these individuals. All catches will be black-tailed godwits and human required to be reported further enabling activity at a range of spatial scales (Gill Southern IFCA to monitor fishing effort et al., 2001). There was also no effect levels throughout the shellfish fishery, of the presence of marinas or with the potential to limit the number of footpaths on the number of godwits permits issued in the future. For oysters supported on the adjacent mudflats only, the Solent Dredge Permit Byelaw (Gill et al., 2001). Another study will set out ‘Harvest Areas’ giving looking at the disturbance of bird Southern IFCA the ability to open and species in the Solent reported low close specific oyster beds. The vulnerability to disturbance as a result determination of the status of oyster of short disturbance distances and beds is based upon annual stock ability to feed effectively at night, when assessments. disturbance levels are much lower (Stillman et al., 2012).

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This will allow greater flexibility to Since 2013, the wider Solent and monitor and control the oyster fishery Southampton Water has been closed fishing effort through more specific to oyster dredging. As a result, there opening or closing of these areas. Areas has been no interaction between the can be closed to allow for the recovery activity and designated bird species. In of populations or to provide a rest period the 2018/19 season Ryde middle bed for habitat structure to remain will be open however this bed is not undisturbed. located close to any SPA Vessels Used in Fishing byelaw The lack of activity therefore means prohibits commercial fishing vessels that oyster dredging does not interact over 12 metres from the Southern IFCA with the protected birds features and district. The reduction in vessel size also therefore cannot cause disturbance. restricts the type of gear that can be used, with vessels often using lighter If Southampton Water and the wider towed gear. Solent were not subject to closure, and the activity were to take place in these The Solent European Marine Site areas (Ryde Middle oyster bed will be (Prohibition of Method of Dredging) open for the 2018/19 season), the Order 2004 prevents pump scooping as activity is focused subtidally and a means of taking shellfish. occasionally fringes on the intertidal. It is thought that oyster dredging has Bottom Towed Fishing Gear 2016 very little direct impact on disturbance byelaw prohibits bottom towed fishing of waders since the activity occurs gear over sensitive habitats. These subtidally and when it does occur on habitats include reef, seagrass, as well the fringes of the intertidal zone (which as intertidal and subtidal sediments and is infrequently) it does so at high tide saltmarsh within the Solent EMS. The and feeding takes place at low tide, network of permanent bottom towed thus eliminating the possibly of any fear closure areas helps to maintain site adverse significant effect. integrity and offer long-term stability Additional protection is afforded by against the effects of fishing virtue through permanent closures to displacement. The network of closure bottom towed fishing gear designed to areas within the Solent MS, equates to protect good examples of SAC habitat. approximately 33.9% of the Solent Maritime SAC. Portsmouth Harbour and Solent and Southampton Water are areas subject Fishing for Oysters, Mussels and Clam to high levels of vessel traffic and byelaw regulates methods can be used some bird species can become to fish for these species. These are a) habituated to particular disturbance hand picking and b) dredging using a events or types of disturbance. In the dredge with a rigid framed south so context of the high vessel levels that designed to take shellfish only when occur within these sites, it is therefore towed along the sea bed. highly unlikely that shellfish dredging will not lead to a significant adverse

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effect on the feature. In addition, Temporary Closure of Shellfish Beds Portsmouth Harbour and Solent and byelaw allows the authority to Southampton Water are subject to temporarily close any bed or part of a regular maintenance dredging that is bed of shellfish where it is the opinion of likely to lead to greater disturbance the Committee that it is severely than that caused by shellfish dredging. depleted and as such required temporary closure in order to ensure Both oyster dredging and clam recovery, or any bed or part of bed dredging are now subject to a four- containing mainly immature or month open season, operating from undersized shellfish which is in the November to February. During this interest of protection and development season, an average 3 to 4 vessels will of the fishery, or any bed of transplanted clam dredge across all three shellfish shellfish that ought to not be fished until dredge management areas it becomes established. For the last (Portsmouth Harbour, Southampton three seasons (2013/14, 2014/15 and Water and Langstone Harbour) on 2015/16) this byelaw has been used to fishable days when weather and tide close the oyster fishery in Southampton permit. Due to tidal restrictions Water and the wider Solent, as well as associated with the nature of this shortening the open season in the fishery, vessels are not able to operate eastern harbours. For the 2016/17 over the entire 07:00-17:00 period season, Southampton Water and the open to fishing. The Dredge Permit wider Solent will remain closed and the Byelaw will enable bivalve fishing for eastern harbours will open as per the an additional 2 hours each day the Oyster Close Season byelaw. The season is open, with the allowable Oyster Close Season byelaw prohibits fishing period between 06:00 and any person from dredging or fishing for 18:00 daily. However, due to the in or taking any fishery oysters during physical restrictions of tides and water the period from the 1st day of March to depth, this will not lead to a direct the 31st of October in any year. increase in fishing effort of 2 hours Oyster dredge byelaw prohibits the use each day. Dredge fishing for bivalves of any dredge which exceeds 1.5 m in in the intertidal in limited by the tidal length when using a single dredge or height. Engagement with fishermen totalling 3.0 m in length when using two confirms that fishing is only possible dredges at the same time. around a window either side of HW, quoted as 2 hours either side by Oysters, Clams, Mussels – Prohibition multiple fishermen. This is further on Night Fishing byelaw prohibits any restricted by vessel size and draft, person from dredging or fishing or taking water depth of the are fished, as well any oysters before 8.00 am or after 4.00 as weather conditions, all of which pm during the open season. further restrict the available fishing period within the 12-hour window and The Prohibition of Gathering (Sea over a period of days and weeks. Fisheries Resources) in Seagrass Beds Furthermore, fishers often do not work byelaw prohibits any person from over two tidal cycles in one day, as the digging for, fishing for or taking any sea time restrictions regularly do not allow fisheries resource in or from the

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for this, and depending on catch prohibited areas. No person shall carry success in the first tidal window it is a rake, spade, fork or any similar tool in often not necessary. Therefore, it is prohibited areas. not possible for fishing effort to increase every day for an additional 2 hours. Finally, fishermen often take days of from fishing during each working week as well as over holiday periods further reducing the total effort. This change in management is to provide fishermen greater flexibility upon when they can fish, and is not intended to increase overall total effort. Therefore, this change should not significantly increase the impacts to the habitats, fauna and features of the designated site. Through the requirement to submit catch returns, including time spent fishing, Southern IFCA will have a greater ability to monitor this and quantify changes in fishing effort between seasons, also understanding better the relationship between fishing location and tidal restrictions. Grey plover All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Grey plovers are known to feed at low including infaunal communities which and/or the population size. The movement of tide in the vicinity of at least one site supports food availability and helps to loafing birds birds to less suitable feeding areas can where clam dredging also takes place. maintain the structure of intertidal and so that they lead to increased densities and It is however thought that shellfish subtidal habitats. Additionally, it are not interspecific competition. Disturbance dredging has very little direct impact supports breeding shellfish populations. significantly can cause birds to take flight which on disturbance of waders since it The timings of the recovery period were disturbed. increase energy demands and reduce occurs at high tide and feeding takes designed to allow for the quickest period food intake with potential place at low tide, thus eliminating the of recovery over the summer months, consequences for survival and possibly of any adverse significant which represents the period of highest reproduction. effect. biological activity for invertebrate fauna of sedimentary habitats. The permit

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The significance of disturbance is likely Grey plovers are present from August byelaw will only allow shellfish dredging to depend on the availability of to March. to take place between 06:00 and 18:00 alternative undisturbed areas for birds in order to further manage fishing effort and the frequency, seasonality and The wind-farm sensitivity index and aid compliance. Conditions which intensity at which shellfish dredging indicates that Grey plover have very govern the bar spacing and strength will takes place. Responsiveness to low sensitivity to wind farm also form a part of the permit. These will disturbance is largely thought to be a developments. The escape flight reduce the number of undersized species-specific trait. distance exhibited by the species has shellfishshellfishes being brought up for Formatted: Font: 9 pt been reported at 124 m in response to sorting and therefore reduce the disturbance of people. In the Solent, likelihood of damage and mortality to the median response distance to these individuals. All catches will be disturbance was 75 m. Studies of bird required to be reported further enabling disturbance in the Solent revealed that Southern IFCA to monitor fishing effort Grey plover typically had the shortest levels throughout the shellfish fishery, disturbance distances and were able with the potential to limit the number of to feed relatively effectively at night, permits issued in the future. For oysters meaning that these species were less only, the Solent Dredge Permit Byelaw affected by visitors. It is worth noting will set out ‘Harvest Areas’ giving however that the study looked at Southern IFCA the ability to open and disturbance in response to land-based close specific oyster beds. The and water-based recreational determination of the status of oyster activities, with half of all incidences beds is based upon annual stock where major flight was observed assessments. involving activities on the intertidal. This will allow greater flexibility to Oyster dredging is however known to monitor and control the oyster fishery predominantly occur subtidally and fishing effort through more specific infrequently occurs on the fringes on opening or closing of these areas. Areas the intertidal. It is thought that oyster can be closed to allow for the recovery dredging has very little direct impact of populations or to provide a rest period on disturbance of waders since the for habitat structure to remain activity occurs subtidally and when it undisturbed. does occur on the fringes of the intertidal zone (which is infrequently) it Vessels Used in Fishing byelaw does so at high tide and feeding takes prohibits commercial fishing vessels place at low tide, thustide, thus over 12 metres from the Southern IFCA Formatted: Font: 9 pt eliminating the possibly of any adverse district. The reduction in vessel size also significant effect. restricts the type of gear that can be used, with vessels often using lighter Langstone Harbour is an area subject towed gear. to moderate levels of vessel traffic, and some bird species can become The Solent European Marine Site habituated to particular disturbance (Prohibition of Method of Dredging) events or types of disturbance. In the Order 2004 prevents pump scooping as context of the vessel levels that occur a means of taking shellfish. within the Langstone Harbour it is

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therefore highly unlikely that clam Bottom Towed Fishing Gear 2016 dredging will lead to a significant byelaw prohibits bottom towed fishing adverse effect on the feature. In gear over sensitive habitats. These addition, the Harbours and habitats include reef, seagrass, as well Southampton Water are subject to as intertidal and subtidal sediments and periodic maintenance dredging that is saltmarsh within the Solent EMS. The likely to lead to greater disturbance network of permanent bottom towed than that caused by shellfish dredging. fear closure areas helps to maintain site integrity and offer long-term stability Both oyster dredging and clam against the effects of fishing dredging are now subject to a four- displacement. The network of closure month open season, operating from areas withinareas within the Solent MS, Formatted: Font: 9 pt November to February. During this equates to approximately 33.9% of the season, an average 3 to 4 vessels will Solent Maritime SAC. clam dredge across all three shellfish dredge management areas Fishing for Oysters, Mussels and Clam (Portsmouth Harbour, Southampton byelaw regulates methods can be used Water and Langstone Harbour) on to fish for these species. These are a) fishable days when weather and tide hand picking and b) dredging using a permit. Due to tidal restrictions dredge with a rigid framed south so associated with the nature of this designed to take shellfish only when fishery, vessels are not able to operate towed along the sea bed. over the entire 07:00-17:00 period open to fishing. The Dredge Permit Temporary Closure of Shellfish Beds Byelaw will enable bivalve fishing for byelaw allows the authority to an additional 2 hours each day the temporarily close any bed or part of a season is open, with the allowable bed of shellfish where it is the opinion of fishing period between 06:00 and the Committee that it is severely 18:00 daily. However, due to the depleted and as such required physical restrictions of tides and water temporary closure in order to ensure depth, this will not lead to a direct recovery, or any bed or part of bed increase in fishing effort of 2 hours containing mainly immature or each day. Dredge fishing for bivalves undersized shellfish which is in the in the intertidal in limited by the tidal interest of protection and development height. Engagement with fishermen of the fishery, or any bed of transplanted confirms that fishing is only possible shellfish that ought to not be fished until around a window either side of HW, it becomes established. For the last quoted as 2 hours either side by three seasons (2013/14, 2014/15 and multiple fishermen. This is further 2015/16) this byelaw has been used to restricted by vessel size and draft, close the oyster fishery in Southampton water depth of the are fished, as well Water and the wider Solent, as well as as weather conditions, all of which shortening the open season in the further restrict the available fishing eastern harbours. For the 2016/17 period within the 12-hour window and season, Southampton Water and the over a period of days and weeks. wider Solent will remain closed and the Furthermore, fishers often do not work eastern harbours will open as per the

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over two tidal cycles in one day, as the Oyster Close Season byelaw. The time restrictions regularly do not allow Oyster Close Season byelaw prohibits for this, and depending on catch any person from dredging or fishing for success in the first tidal window it is in or taking any fishery oysters during often not necessary. Therefore, it is the period from the 1st day of March to not possible for fishing effort to the 31st of October in any year. increase every day for an additional 2 Oyster dredge byelaw prohibits the use hours. Finally, fishermen often take of any dredge which exceeds 1.5 m in days of from fishing during each length when using a single dredge or working week as well as over holiday totalling 3.0 m in length when using two periods further reducing the total effort. dredges at the same time. This change in management is to provide fishermen greater flexibility Oysters, Clams, Mussels – Prohibition upon when they can fish, and is not on Night Fishing byelaw prohibits any intended to increase overall total effort. person from dredging or fishing or taking Therefore, this change should not any oysters before 8.00 am or after 4.00 significantly increase the impacts to pm during the open season. the habitats, fauna and features of the designated site. Through the The Prohibition of Gathering (Sea requirement to submit catch returns, Fisheries Resources) in Seagrass Beds including time spent fishing, Southern byelaw prohibits any person from IFCA will have a greater ability to digging for, fishing for or taking any sea monitor this and quantify changes in fisheries resource in or from the fishing effort between seasons, also prohibited areas. No person shall carry understanding better the relationship a rake, spade, fork or any similar tool in between fishing location and tidal prohibited areas. restrictions. Sanderling All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on The distribution of Sanderling is largely including infaunal communities which and/or the population size. The movement of determined by sediment type and the supports food availability and helps to loafing birds birds to less suitable feeding areas can population is confined to areas with maintain the structure of intertidal and so that they lead to increased densities and sandy sediments. Co-location of subtidal habitats. Additionally, it are not interspecific competition. Disturbance sanderling with shellfish activity is not supports breeding shellfish populations. significantly can cause birds to take flight which available. It is thought that shellfish The timings of the recovery period were disturbed. increase energy demands and reduce dredging has very little direct impact designed to allow for the quickest period food intake with potential on disturbance of waders since it of recovery over the summer months, which represents the period of highest

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consequences for survival and occurs at high tide and feeding takes biological activity for invertebrate fauna reproduction. place at low tide. of sedimentary habitats. The permit byelaw will only allow shellfish dredging The significance of disturbance is likely Sanderling are present in significant to take place between 06:00 and 18:00 to depend on the availability of numbers from October to May, and in in order to further manage fishing effort alternative undisturbed areas for birds August. and aid compliance. Conditions which and the frequency, seasonality and govern the bar spacing and strength will intensity at which shellfish dredging The wind-farm sensitivity index also form a part of the permit. These will takes place. Responsiveness to indicates that Sanderling have a very reduce the number of undersized disturbance is largely thought to be a low sensitivity to wind farm shellfishshellfishes being brought up for Formatted: Font: 9 pt species-specific trait. developments. sorting and therefore reduce the likelihood of damage and mortality to Oyster dredging is however known to these individuals. All catches will be predominantly occur subtidally and required to be reported further enabling infrequently occurs on the fringes on Southern IFCA to monitor fishing effort the intertidal. It is thought that oyster levels throughout the shellfish fishery, dredging has very little direct impact with the potential to limit the number of on disturbance of waders since the permits issued in the future. For oysters activity occurs subtidally and when it only, the Solent Dredge Permit Byelaw does occur on the fringes of the will set out ‘Harvest Areas’ giving intertidal zone (which is infrequently) it Southern IFCA the ability to open and does so at high tide and feeding takes close specific oyster beds. The place at low tide, thustide, thus determination of the status of oyster Formatted: Font: 9 pt eliminating the possibly of any adverse beds is based upon annual stock significant effect. assessments.

Langstone Harbour is an area subject This will allow greater flexibility to to moderate levels of vessel traffic and monitor and control the oyster fishery some bird species can become fishing effort through more specific habituated to particular disturbance opening or closing of these areas. Areas events or types of disturbance. In the can be closed to allow for the recovery context of the moderate vessel levels of populations or to provide a rest period that occur within Langstone Harbour, it for habitat structure to remain is therefore highly unlikely that clam undisturbed. dredging will lead to a significant adverse effect on the feature. In Vessels Used in Fishing byelaw addition, Langstone Harbour is subject prohibits commercial fishing vessels to periodic maintenance dredging that over 12 metres from the Southern IFCA is likely to lead to greater disturbance district. The reduction in vessel size also than that caused by shellfish dredging. restricts the type of gear that can be used, with vessels often using lighter Both oyster dredging and clam towed gear. dredging are now subject to a four- month open season, operating from The Solent European Marine Site November to February. During this (Prohibition of Method of Dredging) season, an average 3 to 4 vessels will

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clam dredge across all three shellfish Order 2004 prevents pump scooping as dredge management areas a means of taking shellfish. (Portsmouth Harbour, Southampton Water and Langstone Harbour) on Bottom Towed Fishing Gear 2016 fishable days when weather and tide byelaw prohibits bottom towed fishing permit. Due to tidal restrictions gear over sensitive habitats. These associated with the nature of this habitats include reef, seagrass, as well fishery, vessels are not able to operate as intertidal and subtidal sediments and over the entire 07:00-17:00 period saltmarsh within the Solent EMS. The open to fishing. The Dredge Permit network of permanent bottom towed Byelaw will enable bivalve fishing for fear closure areas helps to maintain site an additional 2 hours each day the integrity and offer long-term stability season is open, with the allowable against the effects of fishing fishing period between 06:00 and displacement. The network of closure 18:00 daily. However, due to the areas withinareas within the Solent MS, Formatted: Font: 9 pt physical restrictions of tides and water equates to approximately 33.9% of the depth, this will not lead to a direct Solent Maritime SAC. increase in fishing effort of 2 hours each day. Dredge fishing for bivalves Fishing for Oysters, Mussels and Clam in the intertidal in limited by the tidal byelaw regulates methods can be used height. Engagement with fishermen to fish for these species. These are a) confirms that fishing is only possible hand picking and b) dredging using a around a window either side of HW, dredge with a rigid framed south so quoted as 2 hours either side by designed to take shellfish only when multiple fishermen. This is further towed along the sea bed. restricted by vessel size and draft, water depth of the are fished, as well Temporary Closure of Shellfish Beds as weather conditions, all of which byelaw allows the authority to further restrict the available fishing temporarily close any bed or part of a period within the 12-hour window and bed of shellfish where it is the opinion of over a period of days and weeks. the Committee that it is severely Furthermore, fishers often do not work depleted and as such required over two tidal cycles in one day, as the temporary closure in order to ensure time restrictions regularly do not allow recovery, or any bed or part of bed for this, and depending on catch containing mainly immature or success in the first tidal window it is undersized shellfish which is in the often not necessary. Therefore, it is interest of protection and development not possible for fishing effort to of the fishery, or any bed of transplanted increase every day for an additional 2 shellfish that ought to not be fished until hours. Finally, fishermen often take it becomes established. For the last days of from fishing during each three seasons (2013/14, 2014/15 and working week as well as over holiday 2015/16) this byelaw has been used to periods further reducing the total effort. close the oyster fishery in Southampton This change in management is to Water and the wider Solent, as well as provide fishermen greater flexibility shortening the open season in the upon when they can fish, and is not eastern harbours. For the 2016/17

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intended to increase overall total effort. season, Southampton Water and the Therefore, this change should not wider Solent will remain closed and the significantly increase the impacts to eastern harbours will open as per the the habitats, fauna and features of the Oyster Close Season byelaw. The designated site. Through the Oyster Close Season byelaw prohibits requirement to submit catch returns, any person from dredging or fishing for including time spent fishing, Southern in or taking any fishery oysters during IFCA will have a greater ability to the period from the 1st day of March to monitor this and quantify changes in the 31st of October in any year. fishing effort between seasons, also Oyster dredge byelaw prohibits the use understanding better the relationship of any dredge which exceeds 1.5 m in between fishing location and tidal length when using a single dredge or restrictions. totalling 3.0 m in length when using two dredges at the same time.

Oysters, Clams, Mussels – Prohibition on Night Fishing byelaw prohibits any person from dredging or fishing or taking any oysters before 8.00 am or after 4.00 pm during the open season.

Dunlin All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Dunlin are known to feed at low tide in including infaunal communities which and/or the population size. The movement of areas where shellfish dredging activity supports food availability and helps to loafing birds birds to less suitable feeding areas can also occurs. It is however thought that maintain the structure of intertidal and so that they lead to increased densities and clam dredging has very little direct subtidal habitats. Additionally, it are not interspecific competition. Disturbance impact on disturbance of waders since supports breeding shellfish populations. can cause birds to take flight which it occurs at high tide and feeding takes The timings of the recovery period were

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significantly increase energy demands and reduce place at low tide, thus eliminating the designed to allow for the quickest period disturbed. food intake with potential possibly of any adverse significant of recovery over the summer months, consequences for survival and effect. which represents the period of highest reproduction. biological activity for invertebrate fauna Dunlin are present in significant of sedimentary habitats. The permit The significance of disturbance is likely numbers from September to April. byelaw will only allow shellfish dredging to depend on the availability of to take place between 06:00 and 18:00 alternative undisturbed areas for birds The wind-farm sensitivity index in order to further manage fishing effort and the frequency, seasonality and indicates that Dunlin have low and aid compliance. Conditions which intensity at which shellfish dredging sensitivity to wind farm developments. govern the bar spacing and strength will takes place. Responsiveness to The escape flight distance exhibited by also form a part of the permit. These will disturbance is largely thought to be a the species ranges, in one study the reduce the number of undersized species-specific trait. distance from the disturbance stimuli shellfishshellfishes being brought up for Formatted: Font: 9 pt was 30 m when stimuli was a sorting and therefore reduce the researcher, to 71 to 163 m when likelihood of damage and mortality to people caused the disturbance. The these individuals. All catches will be median distance at which a response required to be reported further enabling occurred was reported at 75 metres in Southern IFCA to monitor fishing effort the Solent. Studies in the Solent levels throughout the shellfish fishery, revealed that Dunlin were predicted to with the potential to limit the number of be one of the most vulnerable species permits issued in the future. For oysters to disturbance and disturbance was only, the Solent Dredge Permit Byelaw predicted to increase time spent will set out ‘Harvest Areas’ giving feeding intertidally (Stillman et al., Southern IFCA the ability to open and 2012). It is worth noting however that close specific oyster beds. The the study looked at disturbance in determination of the status of oyster response to land-based and water- beds is based upon annual stock based recreational activities, with half assessments. of all incidences where major flight was observed involving activities on This will allow greater flexibility to the intertidal. monitor and control the oyster fishery fishing effort through more specific Oyster dredging is however known to opening or closing of these areas. Areas predominantly occur subtidally and can be closed to allow for the recovery infrequently occurs on the fringes on of populations or to provide a rest period the intertidal. It is thought that oyster for habitat structure to remain dredging has very little direct impact undisturbed. on disturbance of waders since the activity occurs subtidally and when it Vessels Used in Fishing byelaw does occur on the fringes of the prohibits commercial fishing vessels intertidal zone (which is infrequently) it over 12 metres from the Southern IFCA does so at high tide and feeding takes district. The reduction in vessel size also place at low tide, thustide, thus restricts the type of gear that can be Formatted: Font: 9 pt eliminating the possibly of any adverse used, with vessels often using lighter significant effect. towed gear.

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Langstone Harbour is an area subject The Solent European Marine Site to moderate levels of vessel traffic, (Prohibition of Method of Dredging) whilst Portsmouth harbour is subject to Order 2004 prevents pump scooping as high levels of vessel activity and some a means of taking shellfish. bird species can become habituated to particular disturbance events or types Bottom Towed Fishing Gear 2016 of disturbance. In the context of the byelaw prohibits bottom towed fishing moderate vessel levels that occur gear over sensitive habitats. These within the Harbours, it is therefore habitats include reef, seagrass, as well highly unlikely that clam dredging will as intertidal and subtidal sediments and lead to a significant adverse effect on saltmarsh within the Solent EMS. The the feature. In addition, the Harbours network of permanent bottom towed are subject to periodic maintenance fear closure areas helps to maintain site dredging that is likely to lead to greater integrity and offer long-term stability disturbance than that caused by against the effects of fishing shellfish dredging. displacement. The network of closure areas withinareas within the Solent MS, Formatted: Font: 9 pt Both oyster dredging and clam equates to approximately 33.9% of the dredging are now subject to a four- Solent Maritime SAC. month open season, operating from November to February. During this Fishing for Oysters, Mussels and Clam season, an average 3 to 4 vessels will byelaw regulates methods can be used clam dredge across all three shellfish to fish for these species. These are a) dredge management areas hand picking and b) dredging using a (Portsmouth Harbour, Southampton dredge with a rigid framed south so Water and Langstone Harbour) on designed to take shellfish only when fishable days when weather and tide towed along the sea bed. permit. Due to tidal restrictions associated with the nature of this Temporary Closure of Shellfish Beds fishery, vessels are not able to operate byelaw allows the authority to over the entire 07:00-17:00 period temporarily close any bed or part of a open to fishing. The Dredge Permit bed of shellfish where it is the opinion of Byelaw will enable bivalve fishing for the Committee that it is severely an additional 2 hours each day the depleted and as such required season is open, with the allowable temporary closure in order to ensure fishing period between 06:00 and recovery, or any bed or part of bed 18:00 daily. However, due to the containing mainly immature or physical restrictions of tides and water undersized shellfish which is in the depth, this will not lead to a direct interest of protection and development increase in fishing effort of 2 hours of the fishery, or any bed of transplanted each day. Dredge fishing for bivalves shellfish that ought to not be fished until in the intertidal in limited by the tidal it becomes established. For the last height. Engagement with fishermen three seasons (2013/14, 2014/15 and confirms that fishing is only possible 2015/16) this byelaw has been used to around a window either side of HW, close the oyster fishery in Southampton quoted as 2 hours either side by Water and the wider Solent, as well as

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multiple fishermen. This is further shortening the open season in the restricted by vessel size and draft, eastern harbours. For the 2016/17 water depth of the are fished, as well season, Southampton Water and the as weather conditions, all of which wider Solent will remain closed and the further restrict the available fishing eastern harbours will open as per the period within the 12-hour window and Oyster Close Season byelaw. The over a period of days and weeks. Oyster Close Season byelaw prohibits Furthermore, fishers often do not work any person from dredging or fishing for over two tidal cycles in one day, as the in or taking any fishery oysters during time restrictions regularly do not allow the period from the 1st day of March to for this, and depending on catch the 31st of October in any year. success in the first tidal window it is Oyster dredge byelaw prohibits the use often not necessary. Therefore, it is of any dredge which exceeds 1.5 m in not possible for fishing effort to length when using a single dredge or increase every day for an additional 2 totalling 3.0 m in length when using two hours. Finally, fishermen often take dredges at the same time. days of from fishing during each working week as well as over holiday Oysters, Clams, Mussels – Prohibition periods further reducing the total effort. on Night Fishing byelaw prohibits any This change in management is to person from dredging or fishing or taking provide fishermen greater flexibility any oysters before 8.00 am or after 4.00 upon when they can fish, and is not pm during the open season. intended to increase overall total effort. Therefore, this change should not The Prohibition of Gathering (Sea significantly increase the impacts to Fisheries Resources) in Seagrass Beds the habitats, fauna and features of the byelaw prohibits any person from designated site. Through the digging for, fishing for or taking any sea requirement to submit catch returns, fisheries resource in or from the including time spent fishing, Southern prohibited areas. No person shall carry IFCA will have a greater ability to a rake, spade, fork or any similar tool in monitor this and quantify changes in prohibited areas. fishing effort between seasons, also understanding better the relationship between fishing location and tidal restrictions. Redshank All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on including infaunal communities which

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and/or the population size. The movement of Redshank are known to feed at low supports food availability and helps to loafing birds birds to less suitable feeding areas can tide in the vicinity of at least one site maintain the structure of intertidal and so that they lead to increased densities and where shellfish dredging also takes subtidal habitats. Additionally, it are not interspecific competition. Disturbance place. It is however thought that supports breeding shellfish populations. significantly can cause birds to take flight which shellfish dredging has very little direct The timings of the recovery period were disturbed. increase energy demands and reduce impact on disturbance of waders since designed to allow for the quickest period food intake with potential it occurs at high tide and feeding takes of recovery over the summer months, consequences for survival and place at low tide, thus eliminating the which represents the period of highest reproduction. possibly of any adverse significant biological activity for invertebrate fauna effect. of sedimentary habitats. The permit The significance of disturbance is likely byelaw will only allow shellfish dredging to depend on the availability of Redshank are present in significant to take place between 06:00 and 18:00 alternative undisturbed areas for birds numbers between July and April. in order to further manage fishing effort and the frequency, seasonality and and aid compliance. Conditions which intensity at which shellfish dredging The wind-farm sensitivity index govern the bar spacing and strength will takes place. Responsiveness to indicates that Redshank have low also form a part of the permit. These will disturbance is largely thought to be a sensitivity to wind farm developments. reduce the number of undersized species-specific trait. The escape flight distance exhibited by shellfishshellfishes being brought up for Formatted: Font: 9 pt the species has been reported at 92 m sorting and therefore reduce the in response to researchers, 95 m in likelihood of damage and mortality to response to people 175 m in response these individuals. All catches will be to kayaks and 260 m in response to required to be reported further enabling surfers. In another study, the median Southern IFCA to monitor fishing effort distance at which a response occurred levels throughout the shellfish fishery, was reported at ranged between 75- with the potential to limit the number of 150 metres in the Solent. Studies of permits issued in the future. For oysters bird disturbance in the Solent revealed only, the Solent Dredge Permit Byelaw that Redshank had the shortest will set out ‘Harvest Areas’ giving disturbance distances and were able Southern IFCA the ability to open and to feed relatively affected at night, close specific oyster beds. The meaning that this species is less determination of the status of oyster affected by disturbance from visitors beds is based upon annual stock (Stillman et al., 2012). It is worth noting assessments. however that the study looked at disturbance in response to land-based This will allow greater flexibility to and water-based recreational monitor and control the oyster fishery activities, with half of all incidences fishing effort through more specific where major flight was observed opening or closing of these areas. Areas involving activities on the intertidal. can be closed to allow for the recovery of populations or to provide a rest period Oyster dredging is however known to for habitat structure to remain predominantly occur subtidally and undisturbed. infrequently occurs on the fringes on the intertidal. It is thought that oyster Vessels Used in Fishing byelaw dredging has very little direct impact prohibits commercial fishing vessels on disturbance of waders since the over 12 metres from the Southern IFCA

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activity occurs subtidally and when it district. The reduction in vessel size also does occur on the fringes of the restricts the type of gear that can be intertidal zone (which is infrequently) it used, with vessels often using lighter does so at high tide and feeding takes towed gear. place at low tide, thustide, thus Formatted: Font: 9 pt eliminating the possibly of any adverse The Solent European Marine Site significant effect. (Prohibition of Method of Dredging) Order 2004 prevents pump scooping as Langstone Harbour is an area subject a means of taking shellfish. to moderate levels of vessel traffic and some bird species can become Bottom Towed Fishing Gear 2016 habituated to particular disturbance byelaw prohibits bottom towed fishing events or types of disturbance. In the gear over sensitive habitats. These context of the moderate vessel levels habitats include reef, seagrass, as well that occur within Langstone Harbour, it as intertidal and subtidal sediments and is therefore highly unlikely that saltmarsh within the Solent EMS. The shellfish dredging will lead to a network of permanent bottom towed significant adverse effect on the fear closure areas helps to maintain site feature. In addition, Langstone integrity and offer long-term stability Harbour is subject to periodic against the effects of fishing maintenance dredging that is likely to displacement. The network of closure lead to greater disturbance than that areas withinareas within the Solent MS, Formatted: Font: 9 pt caused by shellfish dredging. equates to approximately 33.9% of the Solent Maritime SAC. Both oyster dredging and clam dredging are now subject to a four- Fishing for Oysters, Mussels and Clam month open season, operating from byelaw regulates methods can be used November to February. During this to fish for these species. These are a) season, an average 3 to 4 vessels will hand picking and b) dredging using a clam dredge across all three shellfish dredge with a rigid framed south so dredge management areas designed to take shellfish only when (Portsmouth Harbour, Southampton towed along the sea bed. Water and Langstone Harbour) on fishable days when weather and tide Temporary Closure of Shellfish Beds permit. Due to tidal restrictions byelaw allows the authority to associated with the nature of this temporarily close any bed or part of a fishery, vessels are not able to operate bed of shellfish where it is the opinion of over the entire 07:00-17:00 period the Committee that it is severely open to fishing. The Dredge Permit depleted and as such required Byelaw will enable bivalve fishing for temporary closure in order to ensure an additional 2 hours each day the recovery, or any bed or part of bed season is open, with the allowable containing mainly immature or fishing period between 06:00 and undersized shellfish which is in the 18:00 daily. However, due to the interest of protection and development physical restrictions of tides and water of the fishery, or any bed of transplanted depth, this will not lead to a direct shellfish that ought to not be fished until

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increase in fishing effort of 2 hours it becomes established. For the last each day. Dredge fishing for bivalves three seasons (2013/14, 2014/15 and in the intertidal in limited by the tidal 2015/16) this byelaw has been used to height. Engagement with fishermen close the oyster fishery in Southampton confirms that fishing is only possible Water and the wider Solent, as well as around a window either side of HW, shortening the open season in the quoted as 2 hours either side by eastern harbours. For the 2016/17 multiple fishermen. This is further season, Southampton Water and the restricted by vessel size and draft, wider Solent will remain closed and the water depth of the are fished, as well eastern harbours will open as per the as weather conditions, all of which Oyster Close Season byelaw. The further restrict the available fishing Oyster Close Season byelaw prohibits period within the 12-hour window and any person from dredging or fishing for over a period of days and weeks. in or taking any fishery oysters during Furthermore, fishers often do not work the period from the 1st day of March to over two tidal cycles in one day, as the the 31st of October in any year. time restrictions regularly do not allow Oyster dredge byelaw prohibits the use for this, and depending on catch of any dredge which exceeds 1.5 m in success in the first tidal window it is length when using a single dredge or often not necessary. Therefore, it is totalling 3.0 m in length when using two not possible for fishing effort to dredges at the same time. increase every day for an additional 2 hours. Finally, fishermen often take Oysters, Clams, Mussels – Prohibition days of from fishing during each on Night Fishing byelaw prohibits any working week as well as over holiday person from dredging or fishing or taking periods further reducing the total effort. any oysters before 8.00 am or after 4.00 This change in management is to pm during the open season. provide fishermen greater flexibility upon when they can fish, and is not The Prohibition of Gathering (Sea intended to increase overall total effort. Fisheries Resources) in Seagrass Beds Therefore, this change should not byelaw prohibits any person from significantly increase the impacts to digging for, fishing for or taking any sea the habitats, fauna and features of the fisheries resource in or from the designated site. Through the prohibited areas. No person shall carry requirement to submit catch returns, a rake, spade, fork or any similar tool in including time spent fishing, Southern prohibited areas. IFCA will have a greater ability to monitor this and quantify changes in fishing effort between seasons, also understanding better the relationship between fishing location and tidal restrictions. Dark-bellied All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt brent goose caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this

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of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Dark-bellied Brent geese are known to including infaunal communities which and/or the population size. The movement of feed on intertidal mudflats and supports food availability and helps to loafing birds birds to less suitable feeding areas can sandflats and on mixed sediment maintain the structure of intertidal and so that they lead to increased densities and shores during low tide. It is however subtidal habitats. Additionally, it are not interspecific competition. Disturbance thought that shellfish dredging has supports breeding shellfish populations. significantly can cause birds to take flight which very little direct impact on disturbance The timings of the recovery period were disturbed. increase energy demands and reduce of waders since it occurs at high tide designed to allow for the quickest period food intake with potential and feeding takes place at low tide, of recovery over the summer months, consequences for survival and thustide, thus eliminating the possibly which represents the period of highest Formatted: Font: 9 pt reproduction. of any adverse significant effect. biological activity for invertebrate fauna of sedimentary habitats. The permit The significance of disturbance is likely Dark-bellied brent geese occur from byelaw will only allow shellfish dredging to depend on the availability of October to April. to take place between 06:00 and 18:00 alternative undisturbed areas for birds in order to further manage fishing effort and the frequency, seasonality and The wind-farm sensitivity index and aid compliance. Conditions which intensity at which shellfish dredging indicates that Dark-bellied brent geese govern the bar spacing and strength will takes place. Responsiveness to have moderate sensitivity to wind farm also form a part of the permit. These will disturbance is largely thought to be a developments. The escape flight reduce the number of undersized species-specific trait. distance exhibited by the species shellfishshellfishes being brought up for Formatted: Font: 9 pt ranges. The median distance at which sorting and therefore reduce the a response occurred was reported at likelihood of damage and mortality to 51.5 metres in the Solent. these individuals. All catches will be required to be reported further enabling Since 2013, the wider Solent and Southern IFCA to monitor fishing effort Southampton Water has been closed levels throughout the shellfish fishery, to oyster dredging. As a result, there with the potential to limit the number of has been no interaction between the permits issued in the future. For oysters activity and designated bird species. In only, the Solent Dredge Permit Byelaw the 2018/19 season Ryde middle bed will set out ‘Harvest Areas’ giving will be open however this bed is not Southern IFCA the ability to open and located close to any SPA close specific oyster beds. The determination of the status of oyster The lack of activity therefore means beds is based upon annual stock that oyster dredging does not interact assessments. with the protected birds features and therefore cannot cause disturbance. This will allow greater flexibility to monitor and control the oyster fishery fishing effort through more specific If Southampton Water and the wider opening or closing of these areas. Areas Solent were not subject to closure, and can be closed to allow for the recovery

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the activity were to take place in these of populations or to provide a rest period areas (Ryde Middle oyster bed will be for habitat structure to remain open for the 2018/19 season), the undisturbed. activity is focused subtidally and occasionally fringes on the intertidal. It Vessels Used in Fishing byelaw is thought that oyster dredging has prohibits commercial fishing vessels very little direct impact on disturbance over 12 metres from the Southern IFCA of waders since the activity occurs district. The reduction in vessel size also subtidally and when it does occur on restricts the type of gear that can be the fringes of the intertidal zone (which used, with vessels often using lighter is infrequently) it does so at high tide towed gear. and feeding takes place at low tide, thustide, thus eliminating the possibly The Solent European Marine Site Formatted: Font: 9 pt of any adverse significant effect. (Prohibition of Method of Dredging) Additional protection is afforded by Order 2004 prevents pump scooping as virtue through permanent closures to a means of taking shellfish. bottom towed fishing gear designed to protect good examples of SAC habitat. Bottom Towed Fishing Gear 2016 byelaw prohibits bottom towed fishing Langstone Harbour is an area subject gear over sensitive habitats. These to moderate levels of vessel traffic, habitats include reef, seagrass, as well Portsmouth, Solent and Southampton as intertidal and subtidal sediments and water are subject to high levels of saltmarsh within the Solent EMS. The vessel traffic and some bird species network of permanent bottom towed can become habituated to particular fear closure areas helps to maintain site disturbance events or types of integrity and offer long-term stability disturbance. In the context of the against the effects of fishing moderate vessel levels that occur displacement. The network of closure within Langstone Harbour, it is areas withinareas within the Solent MS, Formatted: Font: 9 pt therefore highly unlikely that shellfish equates to approximately 33.9% of the dredging will lead to a significant Solent Maritime SAC. adverse effect on the feature. In addition, Langstone Harbour is subject Fishing for Oysters, Mussels and Clam to periodic maintenance dredging that byelaw regulates methods can be used is likely to lead to greater disturbance to fish for these species. These are a) than that caused by shellfish dredging. hand picking and b) dredging using a dredge with a rigid framed south so Both oyster dredging and clam designed to take shellfish only when dredging are now subject to a four- towed along the sea bed. month open season, operating from November to February. During this Temporary Closure of Shellfish Beds season, an average 3 to 4 vessels will byelaw allows the authority to clam dredge across all three shellfish temporarily close any bed or part of a dredge management areas bed of shellfish where it is the opinion of (Portsmouth Harbour, Southampton the Committee that it is severely Water and Langstone Harbour) on depleted and as such required

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fishable days when weather and tide temporary closure in order to ensure permit. Due to tidal restrictions recovery, or any bed or part of bed associated with the nature of this containing mainly immature or fishery, vessels are not able to operate undersized shellfish which is in the over the entire 07:00-17:00 period interest of protection and development open to fishing. The Dredge Permit of the fishery, or any bed of transplanted Byelaw will enable bivalve fishing for shellfish that ought to not be fished until an additional 2 hours each day the it becomes established. For the last season is open, with the allowable three seasons (2013/14, 2014/15 and fishing period between 06:00 and 2015/16) this byelaw has been used to 18:00 daily. However, due to the close the oyster fishery in Southampton physical restrictions of tides and water Water and the wider Solent, as well as depth, this will not lead to a direct shortening the open season in the increase in fishing effort of 2 hours eastern harbours. For the 2016/17 each day. Dredge fishing for bivalves season, Southampton Water and the in the intertidal in limited by the tidal wider Solent will remain closed and the height. Engagement with fishermen eastern harbours will open as per the confirms that fishing is only possible Oyster Close Season byelaw. The around a window either side of HW, Oyster Close Season byelaw prohibits quoted as 2 hours either side by any person from dredging or fishing for multiple fishermen. This is further in or taking any fishery oysters during restricted by vessel size and draft, the period from the 1st day of March to water depth of the are fished, as well the 31st of October in any year. as weather conditions, all of which Oyster dredge byelaw prohibits the use further restrict the available fishing of any dredge which exceeds 1.5 m in period within the 12-hour window and length when using a single dredge or over a period of days and weeks. totalling 3.0 m in length when using two Furthermore, fishers often do not work dredges at the same time. over two tidal cycles in one day, as the time restrictions regularly do not allow Oysters, Clams, Mussels – Prohibition for this, and depending on catch on Night Fishing byelaw prohibits any success in the first tidal window it is person from dredging or fishing or taking often not necessary. Therefore, it is any oysters before 8.00 am or after 4.00 not possible for fishing effort to pm during the open season. increase every day for an additional 2 hours. Finally, fishermen often take The Prohibition of Gathering (Sea days of from fishing during each Fisheries Resources) in Seagrass Beds working week as well as over holiday byelaw prohibits any person from periods further reducing the total effort. digging for, fishing for or taking any sea This change in management is to fisheries resource in or from the provide fishermen greater flexibility prohibited areas. No person shall carry upon when they can fish, and is not a rake, spade, fork or any similar tool in intended to increase overall total effort. prohibited areas. Therefore, this change should not significantly increase the impacts to the habitats, fauna and features of the

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designated site. Through the requirement to submit catch returns, including time spent fishing, Southern IFCA will have a greater ability to monitor this and quantify changes in fishing effort between seasons, also understanding better the relationship between fishing location and tidal restrictions. Shelduck All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Shelduck are known to feed at low tide including infaunal communities which and/or the population size. The movement of in the vicinity of at least one site where supports food availability and helps to loafing birds birds to less suitable feeding areas can clam dredging also takes place. It is maintain the structure of intertidal and so that they lead to increased densities and however thought that shellfish subtidal habitats. Additionally, it are not interspecific competition. Disturbance dredging has very little direct impact supports breeding shellfish populations. significantly can cause birds to take flight which on disturbance of waders since it The timings of the recovery period were disturbed. increase energy demands and reduce occurs at high tide and feeding takes designed to allow for the quickest period food intake with potential place at low tide, thustide, thus of recovery over the summer months, Formatted: Font: 9 pt consequences for survival and eliminating the possibly of any adverse which represents the period of highest reproduction. significant effect. biological activity for invertebrate fauna of sedimentary habitats. The permit The significance of disturbance is likely Shelduck are present in significant byelaw will only allow shellfish dredging to depend on the availability of numbers between November and to take place between 06:00 and 18:00 alternative undisturbed areas for birds June. in order to further manage fishing effort and the frequency, seasonality and and aid compliance. Conditions which intensity at which shellfish dredging The wind-farm sensitivity index govern the bar spacing and strength will takes place. Responsiveness to indicates the Shelduck have very low also form a part of the permit. These will disturbance is largely thought to be a sensitivity to wind farm developments. reduce the number of undersized species-specific trait. The escape flight distance exhibited by shellfishshellfishes being brought up for Formatted: Font: 9 pt the species has been reported at 148- sorting and therefore reduce the 250 m in response to disturbance of likelihood of damage and mortality to people. In another study, the median these individuals. All catches will be distance at which a response occurred required to be reported further enabling was reported at 77.5 metres in the Southern IFCA to monitor fishing effort Solent. levels throughout the shellfish fishery, with the potential to limit the number of permits issued in the future. For oysters

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Oyster dredging is however known to only, the Solent Dredge Permit Byelaw predominantly occur subtidally and will set out ‘Harvest Areas’ giving infrequently occurs on the fringes on Southern IFCA the ability to open and the intertidal. It is thought that oyster close specific oyster beds. The dredging has very little direct impact determination of the status of oyster on disturbance of waders since the beds is based upon annual stock activity occurs subtidally and when it assessments. does occur on the fringes of the intertidal zone (which is infrequently) it This will allow greater flexibility to does so at high tide and feeding takes monitor and control the oyster fishery place at low tide, thustide, thus fishing effort through more specific Formatted: Font: 9 pt eliminating the possibly of any adverse opening or closing of these areas. Areas significant effect. can be closed to allow for the recovery of populations or to provide a rest period for habitat structure to remain Langstone Harbour is an area subject undisturbed. to moderate levels of vessel traffic and Vessels Used in Fishing byelaw some bird species can become prohibits commercial fishing vessels habituated to particular disturbance over 12 metres from the Southern IFCA events or types of disturbance. In the district. The reduction in vessel size also context of the moderate vessel levels restricts the type of gear that can be that occur within Langstone Harbour, it used, with vessels often using lighter is therefore highly unlikely that towed gear. shellfish dredging will lead to a significant adverse effect on the The Solent European Marine Site feature. In addition, Langstone (Prohibition of Method of Dredging) Harbour is subject to periodic Order 2004 prevents pump scooping as maintenance dredging that is likely to a means of taking shellfish. lead to greater disturbance than that caused by shellfish dredging. Bottom Towed Fishing Gear 2016 Both oyster dredging and clam byelaw prohibits bottom towed fishing dredging are now subject to a four- gear over sensitive habitats. These month open season, operating from habitats include reef, seagrass, as well November to February. During this as intertidal and subtidal sediments and season, an average 3 to 4 vessels will saltmarsh within the Solent EMS. The clam dredge across all three shellfish network of permanent bottom towed dredge management areas fear closure areas helps to maintain site (Portsmouth Harbour, Southampton integrity and offer long-term stability Water and Langstone Harbour) on against the effects of fishing fishable days when weather and tide displacement. The network of closure permit. Due to tidal restrictions areas withinareas within the Solent MS, Formatted: Font: 9 pt associated with the nature of this equates to approximately 33.9% of the fishery, vessels are not able to operate Solent Maritime SAC. over the entire 07:00-17:00 period open to fishing. The Dredge Permit Fishing for Oysters, Mussels and Clam Byelaw will enable bivalve fishing for byelaw regulates methods can be used

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an additional 2 hours each day the to fish for these species. These are a) season is open, with the allowable hand picking and b) dredging using a fishing period between 06:00 and dredge with a rigid framed south so 18:00 daily. However, due to the designed to take shellfish only when physical restrictions of tides and water towed along the sea bed. depth, this will not lead to a direct increase in fishing effort of 2 hours Temporary Closure of Shellfish Beds each day. Dredge fishing for bivalves byelaw allows the authority to in the intertidal in limited by the tidal temporarily close any bed or part of a height. Engagement with fishermen bed of shellfish where it is the opinion of confirms that fishing is only possible the Committee that it is severely around a window either side of HW, depleted and as such required quoted as 2 hours either side by temporary closure in order to ensure multiple fishermen. This is further recovery, or any bed or part of bed restricted by vessel size and draft, containing mainly immature or water depth of the are fished, as well undersized shellfish which is in the as weather conditions, all of which interest of protection and development further restrict the available fishing of the fishery, or any bed of transplanted period within the 12-hour window and shellfish that ought to not be fished until over a period of days and weeks. it becomes established. For the last Furthermore, fishers often do not work three seasons (2013/14, 2014/15 and over two tidal cycles in one day, as the 2015/16) this byelaw has been used to time restrictions regularly do not allow close the oyster fishery in Southampton for this, and depending on catch Water and the wider Solent, as well as success in the first tidal window it is shortening the open season in the often not necessary. Therefore, it is eastern harbours. For the 2016/17 not possible for fishing effort to season, Southampton Water and the increase every day for an additional 2 wider Solent will remain closed and the hours. Finally, fishermen often take eastern harbours will open as per the days of from fishing during each Oyster Close Season byelaw. The working week as well as over holiday Oyster Close Season byelaw prohibits periods further reducing the total effort. any person from dredging or fishing for This change in management is to in or taking any fishery oysters during provide fishermen greater flexibility the period from the 1st day of March to upon when they can fish, and is not the 31st of October in any year. intended to increase overall total effort. Oyster dredge byelaw prohibits the use Therefore, this change should not of any dredge which exceeds 1.5 m in significantly increase the impacts to length when using a single dredge or the habitats, fauna and features of the totalling 3.0 m in length when using two designated site. Through the dredges at the same time. requirement to submit catch returns, including time spent fishing, Southern Oysters, Clams, Mussels – Prohibition IFCA will have a greater ability to on Night Fishing byelaw prohibits any monitor this and quantify changes in person from dredging or fishing or taking fishing effort between seasons, also any oysters before 8.00 am or after 4.00 understanding better the relationship pm during the open season.

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between fishing location and tidal restrictions. The Prohibition of Gathering (Sea Fisheries Resources) in Seagrass Beds byelaw prohibits any person from digging for, fishing for or taking any sea fisheries resource in or from the prohibited areas. No person shall carry a rake, spade, fork or any similar tool in prohibited areas.

Teal All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Teals are known to feed at low tide in including infaunal communities which and/or the population size. The movement of the vicinity of at least one site where supports food availability and helps to loafing birds birds to less suitable feeding areas can shellfish dredging also takes place. It maintain the structure of intertidal and so that they lead to increased densities and is however thought that shellfish subtidal habitats. Additionally, it are not interspecific competition. Disturbance dredging has very little direct impact supports breeding shellfish populations. significantly can cause birds to take flight which on disturbance of waders since it The timings of the recovery period were disturbed. increase energy demands and reduce occurs at high tide and feeding takes designed to allow for the quickest period food intake with potential place at low tide, thustide, thus of recovery over the summer months, Formatted: Font: 9 pt consequences for survival and eliminating the possibly of any adverse which represents the period of highest reproduction. significant effect. biological activity for invertebrate fauna of sedimentary habitats. The permit The significance of disturbance is likely Teals are present from September to byelaw will only allow shellfish dredging to depend on the availability of March. to take place between 06:00 and 18:00 alternative undisturbed areas for birds in order to further manage fishing effort and the frequency, seasonality and The wind-farm sensitivity index and aid compliance. Conditions which intensity at which shellfish dredging indicates that Teal have very low govern the bar spacing and strength will takes place. Responsiveness to sensitivity to wind farm developments. also form a part of the permit. These will disturbance is largely thought to be a The escape flight distance exhibited by reduce the number of undersized species-specific trait. the species widely ranges. In response shellfishshellfishes being brought up for Formatted: Font: 9 pt to boats, the distance from the sorting and therefore reduce the disturbance stimuli was 400 m, likelihood of damage and mortality to however in response to researchers these individuals. All catches will be was 86 m. In another study, the required to be reported further enabling median distance at which a response Southern IFCA to monitor fishing effort levels throughout the shellfish fishery,

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occurred was reported at 60 metres in with the potential to limit the number of the Solent. permits issued in the future. For oysters only, the Solent Dredge Permit Byelaw Since 2013, the wider Solent and will set out ‘Harvest Areas’ giving Southampton Water has been closed Southern IFCA the ability to open and to oyster dredging. As a result, there close specific oyster beds. The has been no interaction between the determination of the status of oyster activity and designated bird species. In beds is based upon annual stock the 2018/19 season Ryde middle bed assessments. will be open however this bed is not located close to any SPA This will allow greater flexibility to monitor and control the oyster fishery The lack of activity therefore means fishing effort through more specific that oyster dredging does not interact opening or closing of these areas. Areas with the protected birds features and can be closed to allow for the recovery therefore cannot cause disturbance. of populations or to provide a rest period If Southampton Water and the wider for habitat structure to remain Solent were not subject to closure, and undisturbed. the activity were to take place in these areas (Ryde Middle oyster bed will be Vessels Used in Fishing byelaw open for the 2018/19 season), the prohibits commercial fishing vessels activity is focused subtidally and over 12 metres from the Southern IFCA occasionally fringes on the intertidal. It district. The reduction in vessel size also is thought that oyster dredging has restricts the type of gear that can be very little direct impact on disturbance used, with vessels often using lighter of waders since the activity occurs towed gear. subtidally and when it does occur on the fringes of the intertidal zone (which The Solent European Marine Site is infrequently) it does so at high tide (Prohibition of Method of Dredging) and feeding takes place at low tide, Order 2004 prevents pump scooping as thustide, thus eliminating the possibly a means of taking shellfish. Formatted: Font: 9 pt of any adverse significant effect. Additional protection is afforded by Bottom Towed Fishing Gear 2016 virtue through permanent closures to byelaw prohibits bottom towed fishing bottom towed fishing gear designed to gear over sensitive habitats. These protect good examples of SAC habitat. habitats include reef, seagrass, as well as intertidal and subtidal sediments and Langstone Harbour is an area subject saltmarsh within the Solent EMS. The to moderate levels of vessel traffic network of permanent bottom towed whilst Solent and Southampton water fear closure areas helps to maintain site experience high levels of vessel traffic integrity and offer long-term stability and some bird species can become against the effects of fishing habituated to particular disturbance displacement. The network of closure events or types of disturbance. In the areas withinareas within the Solent MS, Formatted: Font: 9 pt context of the moderate vessel levels equates to approximately 33.9% of the that occur within Langstone Harbour, Solent Maritime SAC.

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and high levels in the Solent and Southampton water it is therefore Fishing for Oysters, Mussels and Clam highly unlikely that shellfish dredging byelaw regulates methods can be used will lead to a significant adverse effect to fish for these species. These are a) on the feature. In addition, Langstone hand picking and b) dredging using a Harbour is subject to periodic dredge with a rigid framed south so maintenance dredging that is likely to designed to take shellfish only when lead to greater disturbance than that towed along the sea bed. caused by shellfish dredging Temporary Closure of Shellfish Beds Both oyster dredging and clam byelaw allows the authority to dredging are now subject to a four- temporarily close any bed or part of a month open season, operating from bed of shellfish where it is the opinion of November to February. During this the Committee that it is severely season, an average 3 to 4 vessels will depleted and as such required clam dredge across all three shellfish temporary closure in order to ensure dredge management areas recovery, or any bed or part of bed (Portsmouth Harbour, Southampton containing mainly immature or Water and Langstone Harbour) on undersized shellfish which is in the fishable days when weather and tide interest of protection and development permit. Due to tidal restrictions of the fishery, or any bed of transplanted associated with the nature of this shellfish that ought to not be fished until fishery, vessels are not able to operate it becomes established. For the last over the entire 07:00-17:00 period three seasons (2013/14, 2014/15 and open to fishing. The Dredge Permit 2015/16) this byelaw has been used to Byelaw will enable bivalve fishing for close the oyster fishery in Southampton an additional 2 hours each day the Water and the wider Solent, as well as season is open, with the allowable shortening the open season in the fishing period between 06:00 and eastern harbours. For the 2016/17 18:00 daily. However, due to the season, Southampton Water and the physical restrictions of tides and water wider Solent will remain closed and the depth, this will not lead to a direct eastern harbours will open as per the increase in fishing effort of 2 hours Oyster Close Season byelaw. The each day. Dredge fishing for bivalves Oyster Close Season byelaw prohibits in the intertidal in limited by the tidal any person from dredging or fishing for height. Engagement with fishermen in or taking any fishery oysters during confirms that fishing is only possible the period from the 1st day of March to around a window either side of HW, the 31st of October in any year. quoted as 2 hours either side by Oyster dredge byelaw prohibits the use multiple fishermen. This is further of any dredge which exceeds 1.5 m in restricted by vessel size and draft, length when using a single dredge or water depth of the are fished, as well totalling 3.0 m in length when using two as weather conditions, all of which dredges at the same time. further restrict the available fishing period within the 12-hour window and Oysters, Clams, Mussels – Prohibition over a period of days and weeks. on Night Fishing byelaw prohibits any

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Furthermore, fishers often do not work person from dredging or fishing or taking over two tidal cycles in one day, as the any oysters before 8.00 am or after 4.00 time restrictions regularly do not allow pm during the open season. for this, and depending on catch success in the first tidal window it is The Prohibition of Gathering (Sea often not necessary. Therefore, it is Fisheries Resources) in Seagrass Beds not possible for fishing effort to byelaw prohibits any person from increase every day for an additional 2 digging for, fishing for or taking any sea hours. Finally, fishermen often take fisheries resource in or from the days of from fishing during each prohibited areas. No person shall carry working week as well as over holiday a rake, spade, fork or any similar tool in periods further reducing the total effort. prohibited areas. This change in management is to provide fishermen greater flexibility upon when they can fish, and is not intended to increase overall total effort. Therefore, this change should not significantly increase the impacts to the habitats, fauna and features of the designated site. Through the requirement to submit catch returns, including time spent fishing, Southern IFCA will have a greater ability to monitor this and quantify changes in fishing effort between seasons, also understanding better the relationship between fishing location and tidal restrictions. Ringed All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt plover caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Ringed plover is known to feed at low including infaunal communities which and/or the population size. The movement of tide in the vicinity of at least one site supports food availability and helps to loafing birds birds to less suitable feeding areas can where shellfish dredging also takes maintain the structure of intertidal and so that they lead to increased densities and place. It is however thought that subtidal habitats. Additionally, it are not interspecific competition. Disturbance shellfish dredging has very little direct supports breeding shellfish populations. significantly can cause birds to take flight which impact on disturbance of waders since The timings of the recovery period were disturbed. increase energy demands and reduce it occurs at high tide and feeding takes designed to allow for the quickest period food intake with potential place at low tide, thustide, thus of recovery over the summer months, Formatted: Font: 9 pt

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consequences for survival and eliminating the possibly of any adverse which represents the period of highest reproduction. significant effect. biological activity for invertebrate fauna of sedimentary habitats. The permit The significance of disturbance is likely Ringed plovers are present from byelaw will only allow shellfish dredging to depend on the availability of August to May. to take place between 06:00 and 18:00 alternative undisturbed areas for birds in order to further manage fishing effort and the frequency, seasonality and The wind-farm sensitivity index and aid compliance. Conditions which intensity at which shellfish dredging indicates that Ringed plover have very govern the bar spacing and strength will takes place. Responsiveness to low sensitivity to wind farm also form a part of the permit. These will disturbance is largely thought to be a developments. The escape flight reduce the number of undersized species-specific trait. distance exhibited by the species has shellfishshellfishes being brought up for Formatted: Font: 9 pt been reported at 121 m in response to sorting and therefore reduce the disturbance of people. Studies of bird likelihood of damage and mortality to disturbance in the Solent revealed that these individuals .individuals. All Formatted: Font: 9 pt ringed plover was one of the most catches will be required to be reported vulnerable to disturbance and it was further enabling Southern IFCA to reported that disturbance increased monitor fishing effort levels throughout the level of time spent feeding the shellfish fishery, with the potential to (Stillman et al., 2012). It is worth noting limit the number of permits issued in the however that the study looked at future. For oysters only, the Solent disturbance in response to land-based Dredge Permit Byelaw will set out and water-based recreational ‘Harvest Areas’ giving Southern IFCA activities, with half of all incidences the ability to open and close specific where major flight was observed oyster beds. The determination of the involving activities on the intertidal. status of oyster beds is based upon annual stock assessments. Since 2013, the wider Solent and Southampton Water has been closed This will allow greater flexibility to to oyster dredging. As a result, there monitor and control the oyster fishery has been no interaction between the fishing effort through more specific activity and designated bird species. In opening or closing of these areas. Areas the 2018/19 season Ryde middle bed can be closed to allow for the recovery will be open however this bed is not of populations or to provide a rest period located close to any SPA for habitat structure to remain undisturbed. The lack of activity therefore means that oyster dredging does not interact Vessels Used in Fishing byelaw with the protected birds features and prohibits commercial fishing vessels therefore cannot cause disturbance. over 12 metres from the Southern IFCA If Southampton Water and the wider district. The reduction in vessel size also Solent were not subject to closure, and restricts the type of gear that can be the activity were to take place in these used, with vessels often using lighter areas (Ryde Middle oyster bed will be towed gear. open for the 2018/19 season), the activity is focused subtidally and The Solent European Marine Site occasionally fringes on the intertidal. It (Prohibition of Method of Dredging)

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is thought that oyster dredging has Order 2004 prevents pump scooping as very little direct impact on disturbance a means of taking shellfish. of waders since the activity occurs subtidally and when it does occur on Bottom Towed Fishing Gear 2016 the fringes of the intertidal zone (which byelaw prohibits bottom towed fishing is infrequently) it does so at high tide gear over sensitive habitats. These and feeding takes place at low tide, habitats include reef, seagrass, as well thustide, thus eliminating the possibly as intertidal and subtidal sediments and Formatted: Font: 9 pt of any adverse significant effect. saltmarsh within the Solent EMS. The Additional protection is afforded by network of permanent bottom towed virtue through permanent closures to fear closure areas helps to maintain site bottom towed fishing gear designed to integrity and offer long-term stability protect good examples of SAC habitat. against the effects of fishing displacement. The network of closure Langstone Harbour is an area subject areas withinareas within the Solent MS, Formatted: Font: 9 pt to moderate levels of vessel traffic equates to approximately 33.9% of the whilst Solent and Southampton water Solent Maritime SAC. experienceswater experiences high Formatted: Font: 9 pt levels of vessel traffic and some bird Fishing for Oysters, Mussels and Clam species can become habituated to byelaw regulates methods can be used particular disturbance events or types to fish for these species. These are a) of disturbance. In the context of the hand picking and b) dredging using a moderate and high vessel levels that dredge with a rigid framed south so occur within Langstone Harbour and designed to take shellfish only when Solent and Southampton Water it is towed along the sea bed. therefore highly unlikely that shellfish dredging will lead to a significant Temporary Closure of Shellfish Beds adverse effect on the feature. In byelaw allows the authority to addition, Langstone Harbour is subject temporarily close any bed or part of a to periodic maintenance dredging that bed of shellfish where it is the opinion of is likely to lead to greater disturbance the Committee that it is severely than that caused by shellfish dredging. depleted and as such required temporary closure in order to ensure Both oyster dredging and clam recovery, or any bed or part of bed dredging are now subject to a four- containing mainly immature or month open season, operating from undersized shellfish which is in the November to February. During this interest of protection and development season, an average 3 to 4 vessels will of the fishery, or any bed of transplanted clam dredge across all three shellfish shellfish that ought to not be fished until dredge management areas it becomes established. For the last (Portsmouth Harbour, Southampton three seasons (2013/14, 2014/15 and Water and Langstone Harbour) on 2015/16) this byelaw has been used to fishable days when weather and tide close the oyster fishery in Southampton permit. Due to tidal restrictions Water and the wider Solent, as well as associated with the nature of this shortening the open season in the fishery, vessels are not able to operate eastern harbours. For the 2016/17

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over the entire 07:00-17:00 period season, Southampton Water and the open to fishing. The Dredge Permit wider Solent will remain closed and the Byelaw will enable bivalve fishing for eastern harbours will open as per the an additional 2 hours each day the Oyster Close Season byelaw. The season is open, with the allowable Oyster Close Season byelaw prohibits fishing period between 06:00 and any person from dredging or fishing for 18:00 daily. However, due to the in or taking any fishery oysters during physical restrictions of tides and water the period from the 1st day of March to depth, this will not lead to a direct the 31st of October in any year. increase in fishing effort of 2 hours Oyster dredge byelaw prohibits the use each day. Dredge fishing for bivalves of any dredge which exceeds 1.5 m in in the intertidal in limited by the tidal length when using a single dredge or height. Engagement with fishermen totalling 3.0 m in length when using two confirms that fishing is only possible dredges at the same time. around a window either side of HW, quoted as 2 hours either side by Oysters, Clams, Mussels – Prohibition multiple fishermen. This is further on Night Fishing byelaw prohibits any restricted by vessel size and draft, person from dredging or fishing or taking water depth of the are fished, as well any oysters before 8.00 am or after 4.00 as weather conditions, all of which pm during the open season. further restrict the available fishing period within the 12-hour window and The Prohibition of Gathering (Sea over a period of days and weeks. Fisheries Resources) in Seagrass Beds Furthermore, fishers often do not work byelaw prohibits any person from over two tidal cycles in one day, as the digging for, fishing for or taking any sea time restrictions regularly do not allow fisheries resource in or from the for this, and depending on catch prohibited areas. No person shall carry success in the first tidal window it is a rake, spade, fork or any similar tool in often not necessary. Therefore, it is prohibited areas. not possible for fishing effort to increase every day for an additional 2 hours. Finally, fishermen often take days of from fishing during each working week as well as over holiday periods further reducing the total effort. This change in management is to provide fishermen greater flexibility upon when they can fish, and is not intended to increase overall total effort. Therefore, this change should not significantly increase the impacts to the habitats, fauna and features of the designated site. Through the requirement to submit catch returns, including time spent fishing, Southern IFCA will have a greater ability to

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monitor this and quantify changes in fishing effort between seasons, also understanding better the relationship between fishing location and tidal restrictions. Curlew All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Curlew are known to feed at low tide in including infaunal communities which and/or the population size. The movement of the vicinity of at least one site where supports food availability and helps to loafing birds birds to less suitable feeding areas can shellfish dredging also takes place. It maintain the structure of intertidal and so that they lead to increased densities and is however thought that shellfish subtidal habitats. Additionally, it are not interspecific competition. Disturbance dredging has very little direct impact supports breeding shellfish populations. significantly can cause birds to take flight which on disturbance of waders since it The timings of the recovery period were disturbed. increase energy demands and reduce occurs at high tide and feeding takes designed to allow for the quickest period food intake with potential place at low tide, thustide, thus of recovery over the summer months, Formatted: Font: 9 pt consequences for survival and eliminating the possibly of any adverse which represents the period of highest reproduction. significant effect. biological activity for invertebrate fauna of sedimentary habitats. The permit The significance of disturbance is likely Curlew are present in significant byelaw will only allow shellfish dredging to depend on the availability of numbers between June and April. to take place between 06:00 and 18:00 alternative undisturbed areas for birds in order to further manage fishing effort and the frequency, seasonality and The wind-farm sensitivity index and aid compliance. Conditions which intensity at which shellfish dredging indicates that Curlew have low govern the bar spacing and strength will takes place. Responsiveness to sensitivity to wind farm developments. also form a part of the permit. These will disturbance is largely thought to be a The escape flight distance exhibited by reduce the number of undersized species-specific trait. the species has been reported at 95 - shellfishshellfishes being brought up for Formatted: Font: 9 pt 339 m in response to people, 220 m in sorting and therefore reduce the response to kayaks and 400 m Inin likelihood of damage and mortality to Formatted: Font: 9 pt response to surfers. In another study, these individuals. All catches will be the median distance at which a required to be reported further enabling response occurred was reported at 75 Southern IFCA to monitor fishing effort metres in the Solent. Studies of bird levels throughout the shellfish fishery, disturbance in the Solent revealed that with the potential to limit the number of curlew were the most vulnerable to permits issued in the future. For oysters disturbance and it was reported that only, the Solent Dredge Permit Byelaw disturbance decreased the level of will set out ‘Harvest Areas’ giving time spent feeding (Stillman et al., Southern IFCA the ability to open and 2012). It is worth noting however that close specific oyster beds. The

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the study looked at disturbance in determination of the status of oyster response to land-based and water- beds is based upon annual stock based recreational activities, with half assessments. of all incidences where major flight was observed involving activities on This will allow greater flexibility to the intertidal. monitor and control the oyster fishery fishing effort through more specific Oyster dredging is however known to opening or closing of these areas. Areas predominantly occur subtidally and can be closed to allow for the recovery infrequently occurs on the fringes on of populations or to provide a rest period the intertidal. It is thought that oyster for habitat structure to remain dredging has very little direct impact undisturbed. on disturbance of waders since the Vessels Used in Fishing byelaw activity occurs subtidally and when it prohibits commercial fishing vessels does occur on the fringes of the over 12 metres from the Southern IFCA intertidal zone (which is infrequently) it district. The reduction in vessel size also does so at high tide and feeding takes restricts the type of gear that can be place at low tide, thustide, thus used, with vessels often using lighter Formatted: Font: 9 pt eliminating the possibly of any adverse towed gear. significant effect. The Solent European Marine Site Langstone Harbour is an area subject (Prohibition of Method of Dredging) to moderate levels of vessel traffic and Order 2004 prevents pump scooping as some bird species can become a means of taking shellfish. habituated to particular disturbance events or types of disturbance. In the Bottom Towed Fishing Gear 2016 context of the moderate vessel levels byelaw prohibits bottom towed fishing that occur within Langstone Harbour, it gear over sensitive habitats. These is therefore highly unlikely that habitats include reef, seagrass, as well shellfish dredging will lead to a as intertidal and subtidal sediments and significant adverse effect on the saltmarsh within the Solent EMS. The feature. In addition, Langstone network of permanent bottom towed Harbour is subject to periodic fear closure areas helps to maintain site maintenance dredging that is likely to integrity and offer long-term stability lead to greater disturbance than that against the effects of fishing caused by shellfish dredging. displacement. The network of closure areas withinareas within the Solent MS, Formatted: Font: 9 pt Both oyster dredging and clam equates to approximately 33.9% of the dredging are now subject to a four- Solent Maritime SAC. month open season, operating from November to February. During this Fishing for Oysters, Mussels and Clam season, an average 3 to 4 vessels will byelaw regulates methods can be used clam dredge across all three shellfish to fish for these species. These are a) dredge management areas hand picking and b) dredging using a (Portsmouth Harbour, Southampton dredge with a rigid framed south so Water and Langstone Harbour) on

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fishable days when weather and tide designed to take shellfish only when permit. Due to tidal restrictions towed along the sea bed. associated with the nature of this fishery, vessels are not able to operate Temporary Closure of Shellfish Beds over the entire 07:00-17:00 period byelaw allows the authority to open to fishing. The Dredge Permit temporarily close any bed or part of a Byelaw will enable bivalve fishing for bed of shellfish where it is the opinion of an additional 2 hours each day the the Committee that it is severely season is open, with the allowable depleted and as such required fishing period between 06:00 and temporary closure in order to ensure 18:00 daily. However, due to the recovery, or any bed or part of bed physical restrictions of tides and water containing mainly immature or depth, this will not lead to a direct undersized shellfish which is in the increase in fishing effort of 2 hours interest of protection and development each day. Dredge fishing for bivalves of the fishery, or any bed of transplanted in the intertidal in limited by the tidal shellfish that ought to not be fished until height. Engagement with fishermen it becomes established. For the last confirms that fishing is only possible three seasons (2013/14, 2014/15 and around a window either side of HW, 2015/16) this byelaw has been used to quoted as 2 hours either side by close the oyster fishery in Southampton multiple fishermen. This is further Water and the wider Solent, as well as restricted by vessel size and draft, shortening the open season in the water depth of the are fished, as well eastern harbours. For the 2016/17 as weather conditions, all of which season, Southampton Water and the further restrict the available fishing wider Solent will remain closed and the period within the 12-hour window and eastern harbours will open as per the over a period of days and weeks. Oyster Close Season byelaw. The Furthermore, fishers often do not work Oyster Close Season byelaw prohibits over two tidal cycles in one day, as the any person from dredging or fishing for time restrictions regularly do not allow in or taking any fishery oysters during for this, and depending on catch the period from the 1st day of March to success in the first tidal window it is the 31st of October in any year. often not necessary. Therefore, it is Oyster dredge byelaw prohibits the use not possible for fishing effort to of any dredge which exceeds 1.5 m in increase every day for an additional 2 length when using a single dredge or hours. Finally, fishermen often take totalling 3.0 m in length when using two days of from fishing during each dredges at the same time. working week as well as over holiday periods further reducing the total effort. Oysters, Clams, Mussels – Prohibition This change in management is to on Night Fishing byelaw prohibits any provide fishermen greater flexibility person from dredging or fishing or taking upon when they can fish, and is not any oysters before 8.00 am or after 4.00 intended to increase overall total effort. pm during the open season. Therefore, this change should not significantly increase the impacts to The Prohibition of Gathering (Sea the habitats, fauna and features of the Fisheries Resources) in Seagrass Beds

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designated site. Through the byelaw prohibits any person from requirement to submit catch returns, digging for, fishing for or taking any sea including time spent fishing, Southern fisheries resource in or from the IFCA will have a greater ability to prohibited areas. No person shall carry monitor this and quantify changes in a rake, spade, fork or any similar tool in fishing effort between seasons, also prohibited areas. understanding better the relationship between fishing location and tidal restrictions.

Bar-tailed All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt godwits caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Bar tailed godwits are knowknown to including infaunal communities which Formatted: Font: 9 pt and/or the population size. The movement of feeding in atleastat least one location supports food availability and helps to loafing birds birds to less suitable feeding areas can where clam dredging takes place. It is maintain the structure of intertidal and Formatted: Font: 9 pt so that they lead to increased densities and thought that shellfish dredging has subtidal habitats. Additionally, it are not interspecific competition. Disturbance very little direct impact on disturbance supports breeding shellfish populations. significantly can cause birds to take flight which of waders since it occurs at high tide The timings of the recovery period were disturbed. increase energy demands and reduce and feeding takes place at low tide. designed to allow for the quickest period food intake with potential of recovery over the summer months, consequences for survival and which represents the period of highest reproduction. Bar-tailed godwits are present in biological activity for invertebrate fauna significant numbers between of sedimentary habitats. The permit The significance of disturbance is likely September and April. byelaw will only allow shellfish dredging to depend on the availability of to take place between 06:00 and 18:00 alternative undisturbed areas for birds The wind-farm sensitivity index in order to further manage fishing effort and the frequency, seasonality and indicates that Bar-tailed godwit have and aid compliance. Conditions which intensity at which shellfish dredging low sensitivity to wind farm govern the bar spacing and strength will takes place. Responsiveness to developments. The escape flight also form a part of the permit. These will disturbance is largely thought to be a distance exhibited by the species has reduce the number of undersized species-specific trait. been reported at 107-219 m in shellfishshellfishes being brought up for Formatted: Font: 9 pt response to people, 200 m in response sorting and therefore reduce the to kayaks and 230 m in response to likelihood of damage and mortality to surfers. these individuals. All catches will be required to be reported further enabling Oyster dredging is however known to Southern IFCA to monitor fishing effort predominantly occur subtidally and levels throughout the shellfish fishery, infrequently occurs on the fringes on with the potential to limit the number of

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the intertidal. It is thought that oyster permits issued in the future. For oysters dredging has very little direct impact only, the Solent Dredge Permit Byelaw on disturbance of waders since the will set out ‘Harvest Areas’ giving activity occurs subtidally and when it Southern IFCA the ability to open and does occur on the fringes of the close specific oyster beds. The intertidal zone (which is infrequently) it determination of the status of oyster does so at high tide and feeding takes beds is based upon annual stock place at low tide, thustide, thus assessments. Formatted: Font: 9 pt eliminating the possibly of any adverse significant effect. This will allow greater flexibility to monitor and control the oyster fishery Langstone Harbour is an area subject fishing effort through more specific to moderate levels of vessel traffic and opening or closing of these areas. Areas some bird species can become can be closed to allow for the recovery habituated to particular disturbance of populations or to provide a rest period events or types of disturbance. In the for habitat structure to remain context of the moderate vessel levels undisturbed. that occur within Langstone Harbour, it is therefore highly unlikely that Vessels Used in Fishing byelaw shellfish dredging will lead to a prohibits commercial fishing vessels significant adverse effect on the over 12 metres from the Southern IFCA feature. In addition, Langstone district. The reduction in vessel size also Harbour is subject to periodic restricts the type of gear that can be maintenance dredging that is likely to used, with vessels often using lighter lead to greater disturbance than that towed gear. caused by shellfish dredging.

Both oyster dredging and clam The Solent European Marine Site dredging are now subject to a four- (Prohibition of Method of Dredging) month open season, operating from Order 2004 prevents pump scooping as November to February. During this a means of taking shellfish. season, an average 3 to 4 vessels will clam dredge across all three shellfish Bottom Towed Fishing Gear 2016 dredge management areas byelaw prohibits bottom towed fishing (Portsmouth Harbour, Southampton gear over sensitive habitats. These Water and Langstone Harbour) on habitats include reef, seagrass, as well fishable days when weather and tide as intertidal and subtidal sediments and permit. Due to tidal restrictions saltmarsh within the Solent EMS. The associated with the nature of this network of permanent bottom towed fishery, vessels are not able to operate fear closure areas helps to maintain site over the entire 07:00-17:00 period integrity and offer long-term stability open to fishing. The Dredge Permit against the effects of fishing Byelaw will enable bivalve fishing for displacement. The network of closure an additional 2 hours each day the areas within the Solent MS, equates to season is open, with the allowable approximately 33.9% of the Solent fishing period between 06:00 and Maritime SAC.

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18:00 daily. However, due to the physical restrictions of tides and water Fishing for Oysters, Mussels and Clam depth, this will not lead to a direct byelaw regulates methods can be used increase in fishing effort of 2 hours to fish for these species. These are a) each day. Dredge fishing for bivalves hand picking and b) dredging using a in the intertidal in limited by the tidal dredge with a rigid framed south so height. Engagement with fishermen designed to take shellfish only when confirms that fishing is only possible towed along the sea bed. around a window either side of HW, quoted as 2 hours either side by Temporary Closure of Shellfish Beds multiple fishermen. This is further byelaw allows the authority to restricted by vessel size and draft, temporarily close any bed or part of a water depth of the are fished, as well bed of shellfish where it is the opinion of as weather conditions, all of which the Committee that it is severely further restrict the available fishing depleted and as such required period within the 12-hour window and temporary closure in order to ensure over a period of days and weeks. recovery, or any bed or part of bed Furthermore, fishers often do not work containing mainly immature or over two tidal cycles in one day, as the undersized shellfish which is in the time restrictions regularly do not allow interest of protection and development for this, and depending on catch of the fishery, or any bed of transplanted success in the first tidal window it is shellfish that ought to not be fished until often not necessary. Therefore, it is it becomes established. For the last not possible for fishing effort to three seasons (2013/14, 2014/15 and increase every day for an additional 2 2015/16) this byelaw has been used to hours. Finally, fishermen often take close the oyster fishery in Southampton days of from fishing during each Water and the wider Solent, as well as working week as well as over holiday shortening the open season in the periods further reducing the total effort. eastern harbours. For the 2016/17 This change in management is to season, Southampton Water and the provide fishermen greater flexibility wider Solent will remain closed and the upon when they can fish, and is not eastern harbours will open as per the intended to increase overall total effort. Oyster Close Season byelaw. The Therefore, this change should not Oyster Close Season byelaw prohibits significantly increase the impacts to any person from dredging or fishing for the habitats, fauna and features of the in or taking any fishery oysters during designated site. Through the the period from the 1st day of March to requirement to submit catch returns, the 31st of October in any year. including time spent fishing, Southern Oyster dredge byelaw prohibits the use IFCA will have a greater ability to of any dredge which exceeds 1.5 m in monitor this and quantify changes in length when using a single dredge or fishing effort between seasons, also totalling 3.0 m in length when using two understanding better the relationship dredges at the same time. between fishing location and tidal restrictions. Oysters, Clams, Mussels – Prohibition on Night Fishing byelaw prohibits any

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person from dredging or fishing or taking any oysters before 8.00 am or after 4.00 pm during the open season.

Turnstone All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Turnstone are known to feed at low including infaunal communities which and/or the population size. The movement of tide in the vicinity of at least one site supports food availability and helps to loafing birds birds to less suitable feeding areas can where shellfish dredging also takes maintain the structure of intertidal and so that they lead to increased densities and place. It is however thought that subtidal habitats. Additionally, it are not interspecific competition. Disturbance shellfish dredging has very little direct supports breeding shellfish populations. significantly can cause birds to take flight which impact on disturbance of waders since The timings of the recovery period were disturbed. increase energy demands and reduce it occurs at high tide and feeding takes designed to allow for the quickest period food intake with potential place at low tide, thus eliminating the of recovery over the summer months, consequences for survival and possibly of any adverse significant which represents the period of highest reproduction. effect. biological activity for invertebrate fauna of sedimentary habitats. The permit The significance of disturbance is likely Turnstone are present in significant byelaw will only allow shellfish dredging to depend on the availability of numbers between August and April. to take place between 06:00 and 18:00 alternative undisturbed areas for birds in order to further manage fishing effort and the frequency, seasonality and The escape flight distance exhibited by and aid compliance. Conditions which intensity at which shellfish dredging the species has been reported at 47 m govern the bar spacing and strength will takes place. Responsiveness to in response to people. In another also form a part of the permit. These will disturbance is largely thought to be a study, the median distance at which a reduce the number of undersized species-specific trait. response occurred was reported at 50 shellfishshellfishes being brought up for Formatted: Font: 9 pt metres in the Solent. sorting and therefore reduce the likelihood of damage and mortality to Oyster dredging is however known to these individuals. All catches will be predominantly occur subtidally and required to be reported further enabling

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infrequently occurs on the fringes on Southern IFCA to monitor fishing effort the intertidal. It is thought that oyster levels throughout the shellfish fishery, dredging has very little direct impact with the potential to limit the number of on disturbance of waders since the permits issued in the future. For oysters activity occurs subtidally and when it only, the Solent Dredge Permit Byelaw does occur on the fringes of the will set out ‘Harvest Areas’ giving intertidal zone (which is infrequently) it Southern IFCA the ability to open and does so at high tide and feeding takes close specific oyster beds. The place at low tide, thustide, thus determination of the status of oyster Formatted: Font: 9 pt eliminating the possibly of any adverse beds is based upon annual stock significant effect. assessments.

This will allow greater flexibility to Langstone Harbour is an area subject monitor and control the oyster fishery to moderate levels of vessel traffic and fishing effort through more specific some bird species can become opening or closing of these areas. Areas habituated to particular disturbance can be closed to allow for the recovery events or types of disturbance. In the of populations or to provide a rest period context of the moderate vessel levels for habitat structure to remain that occur within Langstone Harbour, it undisturbed. is therefore highly unlikely that shellfish dredging will lead to a Vessels Used in Fishing byelaw significant adverse effect on the prohibits commercial fishing vessels feature. In addition, Langstone over 12 metres from the Southern IFCA Harbour is subject to periodic district. The reduction in vessel size also maintenance dredging that is likely to restricts the type of gear that can be lead to greater disturbance than that used, with vessels often using lighter caused by shellfish dredging. towed gear. Both oyster dredging and clam dredging are now subject to a four- The Solent European Marine Site month open season, operating from (Prohibition of Method of Dredging) November to February. During this Order 2004 prevents pump scooping as season, an average 3 to 4 vessels will a means of taking shellfish. clam dredge across all three shellfish dredge management areas Bottom Towed Fishing Gear 2016 (Portsmouth Harbour, Southampton byelaw prohibits bottom towed fishing Water and Langstone Harbour) on gear over sensitive habitats. These fishable days when weather and tide habitats include reef, seagrass, as well permit. Due to tidal restrictions as intertidal and subtidal sediments and associated with the nature of this saltmarsh within the Solent EMS. The fishery, vessels are not able to operate network of permanent bottom towed over the entire 07:00-17:00 period fear closure areas helps to maintain site open to fishing. The Dredge Permit integrity and offer long-term stability Byelaw will enable bivalve fishing for against the effects of fishing an additional 2 hours each day the displacement. The network of closure season is open, with the allowable areas withinareas within the Solent MS, Formatted: Font: 9 pt

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fishing period between 06:00 and equates to approximately 33.9% of the 18:00 daily. However, due to the Solent Maritime SAC. physical restrictions of tides and water depth, this will not lead to a direct Fishing for Oysters, Mussels and Clam increase in fishing effort of 2 hours byelaw regulates methods can be used each day. Dredge fishing for bivalves to fish for these species. These are a) in the intertidal in limited by the tidal hand picking and b) dredging using a height. Engagement with fishermen dredge with a rigid framed south so confirms that fishing is only possible designed to take shellfish only when around a window either side of HW, towed along the sea bed. quoted as 2 hours either side by multiple fishermen. This is further Temporary Closure of Shellfish Beds restricted by vessel size and draft, byelaw allows the authority to water depth of the are fished, as well temporarily close any bed or part of a as weather conditions, all of which bed of shellfish where it is the opinion of further restrict the available fishing the Committee that it is severely period within the 12-hour window and depleted and as such required over a period of days and weeks. temporary closure in order to ensure Furthermore, fishers often do not work recovery, or any bed or part of bed over two tidal cycles in one day, as the containing mainly immature or time restrictions regularly do not allow undersized shellfish which is in the for this, and depending on catch interest of protection and development success in the first tidal window it is of the fishery, or any bed of transplanted often not necessary. Therefore, it is shellfish that ought to not be fished until not possible for fishing effort to it becomes established. For the last increase every day for an additional 2 three seasons (2013/14, 2014/15 and hours. Finally, fishermen often take 2015/16) this byelaw has been used to days of from fishing during each close the oyster fishery in Southampton working week as well as over holiday Water and the wider Solent, as well as periods further reducing the total effort. shortening the open season in the This change in management is to eastern harbours. For the 2016/17 provide fishermen greater flexibility season, Southampton Water and the upon when they can fish, and is not wider Solent will remain closed and the intended to increase overall total effort. eastern harbours will open as per the Therefore, this change should not Oyster Close Season byelaw. The significantly increase the impacts to Oyster Close Season byelaw prohibits the habitats, fauna and features of the any person from dredging or fishing for designated site. Through the in or taking any fishery oysters during requirement to submit catch returns, the period from the 1st day of March to including time spent fishing, Southern the 31st of October in any year. IFCA will have a greater ability to Oyster dredge byelaw prohibits the use monitor this and quantify changes in of any dredge which exceeds 1.5 m in fishing effort between seasons, also length when using a single dredge or understanding better the relationship totalling 3.0 m in length when using two between fishing location and tidal dredges at the same time. restrictions.

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Oysters, Clams, Mussels – Prohibition on Night Fishing byelaw prohibits any person from dredging or fishing or taking any oysters before 8.00 am or after 4.00 pm during the open season.

Wigeon All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Wigeon are known to feed at low tide including infaunal communities which and/or the population size. The movement of in the vicinity of at least one site where supports food availability and helps to loafing birds birds to less suitable feeding areas can shellfish dredging also takes place. It maintain the structure of intertidal and so that they lead to increased densities and is however thought that shellfish subtidal habitats. Additionally, it are not interspecific competition. Disturbance dredging has very little direct impact supports breeding shellfish populations. significantly can cause birds to take flight which on disturbance of waders since it The timings of the recovery period were disturbed. increase energy demands and reduce occurs at high tide and feeding takes designed to allow for the quickest period food intake with potential place at low tide, thus eliminating the of recovery over the summer months, consequences for survival and possibly of any adverse significant which represents the period of highest reproduction. effect. biological activity for invertebrate fauna of sedimentary habitats. The permit The significance of disturbance is likely Wigeon are present in significant byelaw will only allow shellfish dredging to depend on the availability of numbers between September and to take place between 06:00 and 18:00 alternative undisturbed areas for birds March. in order to further manage fishing effort and the frequency, seasonality and and aid compliance. Conditions which intensity at which shellfish dredging The wind-farm sensitivity index govern the bar spacing and strength will takes place. Responsiveness to indicates that Wigeon have extremely also form a part of the permit. These will disturbance is largely thought to be a low sensitivity to wind farm reduce the number of undersized species-specific trait. developments. The escape flight shellfishshellfishes being brought up for Formatted: Font: 9 pt distance exhibited by the species has sorting and therefore reduce the been reported at 115-230 m in likelihood of damage and mortality to

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response to a researcher. In another these individuals. All catches will be study, the median distance at which a required to be reported further enabling response occurred was reported at Southern IFCA to monitor fishing effort 75.5 metres in the Solent. Studies of levels throughout the shellfish fishery, bird disturbance in the Solent revealed with the potential to limit the number of that wigeon were most responsive to permits issued in the future. For oysters different activities, with this species only, the Solent Dredge Permit Byelaw having one of the highest proportion of will set out ‘Harvest Areas’ giving observations involving a disturbance Southern IFCA the ability to open and response (Liley et al., 2010). It is worth close specific oyster beds. The noting however that the study looked determination of the status of oyster at disturbance in response to land- beds is based upon annual stock based and water-based recreational assessments. activities, with half of all incidences where major flight was observed This will allow greater flexibility to involving activities on the intertidal. monitor and control the oyster fishery fishing effort through more specific Oyster dredging is however known to opening or closing of these areas. Areas predominantly occur subtidally and can be closed to allow for the recovery infrequently occurs on the fringes on of populations or to provide a rest period the intertidal. It is thought that oyster for habitat structure to remain dredging has very little direct impact undisturbed. on disturbance of waders since the activity occurs subtidally and when it Vessels Used in Fishing byelaw does occur on the fringes of the prohibits commercial fishing vessels intertidal zone (which is infrequently) it over 12 metres from the Southern IFCA does so at high tide and feeding takes district. The reduction in vessel size also place at low tide, thustide, thus restricts the type of gear that can be Formatted: Font: 9 pt eliminating the possibly of any adverse used, with vessels often using lighter significant effect. towed gear.

The Solent European Marine Site Langstone Harbour is an area subject (Prohibition of Method of Dredging) to moderate levels of vessel traffic and Order 2004 prevents pump scooping as some bird species can become a means of taking shellfish. habituated to particular disturbance events or types of disturbance. In the Bottom Towed Fishing Gear 2016 context of the moderate vessel levels byelaw prohibits bottom towed fishing that occur within Langstone Harbour, it gear over sensitive habitats. These is therefore highly unlikely that habitats include reef, seagrass, as well shellfish dredging will lead to a as intertidal and subtidal sediments and significant adverse effect on the saltmarsh within the Solent EMS. The feature. In addition, Langstone network of permanent bottom towed Harbour is subject to periodic fear closure areas helps to maintain site maintenance dredging that is likely to integrity and offer long-term stability against the effects of fishing

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lead to greater disturbance than that displacement. The network of closure caused by shellfish dredging. areas withinareas within the Solent MS, Formatted: Font: 9 pt Both oyster dredging and clam equates to approximately 33.9% of the dredging are now subject to a four- Solent Maritime SAC. month open season, operating from November to February. During this Fishing for Oysters, Mussels and Clam season, an average 3 to 4 vessels will byelaw regulates methods can be used clam dredge across all three shellfish to fish for these species. These are a) dredge management areas hand picking and b) dredging using a (Portsmouth Harbour, Southampton dredge with a rigid framed south so Water and Langstone Harbour) on designed to take shellfish only when fishable days when weather and tide towed along the sea bed. permit. Due to tidal restrictions associated with the nature of this Temporary Closure of Shellfish Beds fishery, vessels are not able to operate byelaw allows the authority to over the entire 07:00-17:00 period temporarily close any bed or part of a open to fishing. The Dredge Permit bed of shellfish where it is the opinion of Byelaw will enable bivalve fishing for the Committee that it is severely an additional 2 hours each day the depleted and as such required season is open, with the allowable temporary closure in order to ensure fishing period between 06:00 and recovery, or any bed or part of bed 18:00 daily. However, due to the containing mainly immature or physical restrictions of tides and water undersized shellfish which is in the depth, this will not lead to a direct interest of protection and development increase in fishing effort of 2 hours of the fishery, or any bed of transplanted each day. Dredge fishing for bivalves shellfish that ought to not be fished until in the intertidal in limited by the tidal it becomes established. For the last height. Engagement with fishermen three seasons (2013/14, 2014/15 and confirms that fishing is only possible 2015/16) this byelaw has been used to around a window either side of HW, close the oyster fishery in Southampton quoted as 2 hours either side by Water and the wider Solent, as well as multiple fishermen. This is further shortening the open season in the restricted by vessel size and draft, eastern harbours. For the 2016/17 water depth of the are fished, as well season, Southampton Water and the as weather conditions, all of which wider Solent will remain closed and the further restrict the available fishing eastern harbours will open as per the period within the 12-hour window and Oyster Close Season byelaw. The over a period of days and weeks. Oyster Close Season byelaw prohibits Furthermore, fishers often do not work any person from dredging or fishing for over two tidal cycles in one day, as the in or taking any fishery oysters during time restrictions regularly do not allow the period from the 1st day of March to for this, and depending on catch the 31st of October in any year. success in the first tidal window it is Oyster dredge byelaw prohibits the use often not necessary. Therefore, it is of any dredge which exceeds 1.5 m in not possible for fishing effort to length when using a single dredge or increase every day for an additional 2

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hours. Finally, fishermen often take totalling 3.0 m in length when using two days of from fishing during each dredges at the same time. working week as well as over holiday periods further reducing the total effort. Oysters, Clams, Mussels – Prohibition This change in management is to on Night Fishing byelaw prohibits any provide fishermen greater flexibility person from dredging or fishing or taking upon when they can fish, and is not any oysters before 8.00 am or after 4.00 intended to increase overall total effort. pm during the open season. Therefore, this change should not significantly increase the impacts to The Prohibition of Gathering (Sea the habitats, fauna and features of the Fisheries Resources) in Seagrass Beds designated site. Through the byelaw prohibits any person from requirement to submit catch returns, digging for, fishing for or taking any sea including time spent fishing, Southern fisheries resource in or from the IFCA will have a greater ability to prohibited areas. No person shall carry monitor this and quantify changes in a rake, spade, fork or any similar tool in fishing effort between seasons, also prohibited areas. understanding better the relationship between fishing location and tidal restrictions. Pintail All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Pintail are knowknown to feed in including infaunal communities which Formatted: Font: 9 pt and/or the population size. The movement of atleastat least one location where clam supports food availability and helps to Formatted: Font: 9 pt loafing birds birds to less suitable feeding areas can dredging is known to take place. maintain the structure of intertidal and so that they lead to increased densities and HoweverHowever, it is thought that subtidal habitats. Additionally, it Formatted: Font: 9 pt are not interspecific competition. Disturbance shellfish dredging has very little direct supports breeding shellfish populations. significantly can cause birds to take flight which impact on disturbance of waders since The timings of the recovery period were disturbed. increase energy demands and reduce it occurs at high tide and feeding takes designed to allow for the quickest period food intake with potential place at low tide. of recovery over the summer months, consequences for survival and which represents the period of highest reproduction. Pintails are present in significant biological activity for invertebrate fauna numbers between September and of sedimentary habitats. The permit The significance of disturbance is likely March. byelaw will only allow shellfish dredging to depend on the availability of to take place between 06:00 and 18:00 alternative undisturbed areas for birds The wind-farm sensitivity index in order to further manage fishing effort and the frequency, seasonality and indicates that Pintail have low and aid compliance. Conditions which intensity at which shellfish dredging sensitivity to wind farm developments. govern the bar spacing and strength will

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takes place. Responsiveness to also form a part of the permit. These will disturbance is largely thought to be a Oyster dredging is however known to reduce the number of undersized species-specific trait. predominantly occur subtidally and shellfishshellfishes being brought up for Formatted: Font: 9 pt infrequently occurs on the fringes on sorting and therefore reduce the the intertidal. It is thought that oyster likelihood of damage and mortality to dredging has very little direct impact these individuals. All catches will be on disturbance of waders since the required to be reported further enabling activity occurs subtidally and when it Southern IFCA to monitor fishing effort does occur on the fringes of the levels throughout the shellfish fishery, intertidal zone (which is infrequently) it with the potential to limit the number of does so at high tide and feeding takes permits issued in the future. For oysters place at low tide, thustide, thus only, the Solent Dredge Permit Byelaw Formatted: Font: 9 pt eliminating the possibly of any adverse will set out ‘Harvest Areas’ giving significant effect. Southern IFCA the ability to open and close specific oyster beds. The Langstone Harbour is an area subject determination of the status of oyster to moderate levels of vessel traffic and beds is based upon annual stock some bird species can become assessments. habituated to particular disturbance events or types of disturbance. In the This will allow greater flexibility to context of the moderate vessel levels monitor and control the oyster fishery that occur within Langstone Harbour, it fishing effort through more specific is therefore highly unlikely that opening or closing of these areas. Areas shellfish dredging will lead to a can be closed to allow for the recovery significant adverse effect on the of populations or to provide a rest period feature. In addition, Langstone for habitat structure to remain Harbour is subject to periodic undisturbed. maintenance dredging that is likely to lead to greater disturbance than that Vessels Used in Fishing byelaw caused by shellfish dredging. prohibits commercial fishing vessels over 12 metres from the Southern IFCA Both oyster dredging and clam district. The reduction in vessel size also dredging are now subject to a four- restricts the type of gear that can be month open season, operating from used, with vessels often using lighter November to February. During this towed gear. season, an average 3 to 4 vessels will clam dredge across all three shellfish The Solent European Marine Site dredge management areas (Prohibition of Method of Dredging) (Portsmouth Harbour, Southampton Order 2004 prevents pump scooping as Water and Langstone Harbour) on a means of taking shellfish. fishable days when weather and tide permit. Due to tidal restrictions Bottom Towed Fishing Gear 2016 associated with the nature of this byelaw prohibits bottom towed fishing fishery, vessels are not able to operate gear over sensitive habitats. These over the entire 07:00-17:00 period habitats include reef, seagrass, as well open to fishing. The Dredge Permit as intertidal and subtidal sediments and

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Byelaw will enable bivalve fishing for saltmarsh within the Solent EMS. The an additional 2 hours each day the network of permanent bottom towed season is open, with the allowable fear closure areas helps to maintain site fishing period between 06:00 and integrity and offer long-term stability 18:00 daily. However, due to the against the effects of fishing physical restrictions of tides and water displacement. The network of closure depth, this will not lead to a direct areas withinareas within the Solent MS, Formatted: Font: 9 pt increase in fishing effort of 2 hours equates to approximately 33.9% of the each day. Dredge fishing for bivalves Solent Maritime SAC. in the intertidal in limited by the tidal height. Engagement with fishermen Fishing for Oysters, Mussels and Clam confirms that fishing is only possible byelaw regulates methods can be used around a window either side of HW, to fish for these species. These are a) quoted as 2 hours either side by hand picking and b) dredging using a multiple fishermen. This is further dredge with a rigid framed south so restricted by vessel size and draft, designed to take shellfish only when water depth of the are fished, as well towed along the sea bed. as weather conditions, all of which further restrict the available fishing Temporary Closure of Shellfish Beds period within the 12-hour window and byelaw allows the authority to over a period of days and weeks. temporarily close any bed or part of a Furthermore, fishers often do not work bed of shellfish where it is the opinion of over two tidal cycles in one day, as the the Committee that it is severely time restrictions regularly do not allow depleted and as such required for this, and depending on catch temporary closure in order to ensure success in the first tidal window it is recovery, or any bed or part of bed often not necessary. Therefore, it is containing mainly immature or not possible for fishing effort to undersized shellfish which is in the increase every day for an additional 2 interest of protection and development hours. Finally, fishermen often take of the fishery, or any bed of transplanted days of from fishing during each shellfish that ought to not be fished until working week as well as over holiday it becomes established. For the last periods further reducing the total effort. three seasons (2013/14, 2014/15 and This change in management is to 2015/16) this byelaw has been used to provide fishermen greater flexibility close the oyster fishery in Southampton upon when they can fish, and is not Water and the wider Solent, as well as intended to increase overall total effort. shortening the open season in the Therefore, this change should not eastern harbours. For the 2016/17 significantly increase the impacts to season, Southampton Water and the the habitats, fauna and features of the wider Solent will remain closed and the designated site. Through the eastern harbours will open as per the requirement to submit catch returns, Oyster Close Season byelaw. The including time spent fishing, Southern Oyster Close Season byelaw prohibits IFCA will have a greater ability to any person from dredging or fishing for monitor this and quantify changes in in or taking any fishery oysters during fishing effort between seasons, also

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understanding better the relationship the period from the 1st day of March to between fishing location and tidal the 31st of October in any year. restrictions. Oyster dredge byelaw prohibits the use of any dredge which exceeds 1.5 m in length when using a single dredge or totalling 3.0 m in length when using two dredges at the same time.

Oysters, Clams, Mussels – Prohibition on Night Fishing byelaw prohibits any person from dredging or fishing or taking any oysters before 8.00 am or after 4.00 pm during the open season.

Shoveler All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Shoveler are knowknown to feed in including infaunal communities which Formatted: Font: 9 pt and/or the population size. The movement of atleastat least one location where clam supports food availability and helps to Formatted: Font: 9 pt loafing birds birds to less suitable feeding areas can dredging is known to take place. maintain the structure of intertidal and so that they lead to increased densities and However itHowever, it is thought that subtidal habitats. Additionally, it Formatted: Font: 9 pt are not interspecific competition. Disturbance shellfish dredging has very little direct supports breeding shellfish populations. significantly can cause birds to take flight which impact on disturbance of waders since The timings of the recovery period were disturbed. increase energy demands and reduce it occurs at high tide and feeding takes designed to allow for the quickest period food intake with potential place at low tide. of recovery over the summer months, consequences for survival and which represents the period of highest reproduction. ShovelersShoveler are present in biological activity for invertebrate fauna Formatted: Font: 9 pt significant numbers between of sedimentary habitats. The permit The significance of disturbance is likely September and March. byelaw will only allow shellfish dredging to depend on the availability of to take place between 06:00 and 18:00

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alternative undisturbed areas for birds The wind-farm sensitivity index in order to further manage fishing effort and the frequency, seasonality and indicates that Shoveler have low and aid compliance. Conditions which intensity at which shellfish dredging sensitivity to wind farm developments. govern the bar spacing and strength will takes place. Responsiveness to The escape flight distance exhibited by also form a part of the permit. These will disturbance is largely thought to be a the species has been reported at 200 reduce the number of undersized species-specific trait. m in response to boats and 126 m in shellfishshellfishes being brought up for Formatted: Font: 9 pt response to researchers. sorting and therefore reduce the likelihood of damage and mortality to Oyster dredging is however known to these individuals. All catches will be predominantly occur subtidally and required to be reported further enabling infrequently occurs on the fringes on Southern IFCA to monitor fishing effort the intertidal. It is thought that oyster levels throughout the shellfish fishery, dredging has very little direct impact with the potential to limit the number of on disturbance of waders since the permits issued in the future. For oysters activity occurs subtidally and when it only, the Solent Dredge Permit Byelaw does occur on the fringes of the will set out ‘Harvest Areas’ giving intertidal zone (which is infrequently) it Southern IFCA the ability to open and does so at high tide and feeding takes close specific oyster beds. The place at low tide, thustide, thus determination of the status of oyster Formatted: Font: 9 pt eliminating the possibly of any adverse beds is based upon annual stock significant effect. assessments.

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(Portsmouth Harbour, Southampton habitats include reef, seagrass, as well Water and Langstone Harbour) on as intertidal and subtidal sediments and fishable days when weather and tide saltmarsh within the Solent EMS. The permit. Due to tidal restrictions network of permanent bottom towed associated with the nature of this fear closure areas helps to maintain site fishery, vessels are not able to operate integrity and offer long-term stability over the entire 07:00-17:00 period against the effects of fishing open to fishing. The Dredge Permit displacement. The network of closure Byelaw will enable bivalve fishing for areas within the Solent MS, equates to an additional 2 hours each day the approximately 33.9% of the Solent season is open, with the allowable Maritime SAC. Fishing for Oysters, fishing period between 06:00 and Mussels and Clam byelaw regulates 18:00 daily. However, due to the methods can be used to fish for these physical restrictions of tides and water species. These are a) hand picking and depth, this will not lead to a direct b) dredging using a dredge with a rigid increase in fishing effort of 2 hours framed south so designed to take each day. Dredge fishing for bivalves shellfish only when towed along the sea in the intertidal in limited by the tidal bed. height. Engagement with fishermen confirms that fishing is only possible Temporary Closure of Shellfish Beds around a window either side of HW, byelaw allows the authority to quoted as 2 hours either side by temporarily close any bed or part of a multiple fishermen. This is further bed of shellfish where it is the opinion of restricted by vessel size and draft, the Committee that it is severely water depth of the are fished, as well depleted and as such required as weather conditions, all of which temporary closure in order to ensure further restrict the available fishing recovery, or any bed or part of bed period within the 12-hour window and containing mainly immature or over a period of days and weeks. undersized shellfish which is in the Furthermore, fishers often do not work interest of protection and development over two tidal cycles in one day, as the of the fishery, or any bed of transplanted time restrictions regularly do not allow shellfish that ought to not be fished until for this, and depending on catch it becomes established. For the last success in the first tidal window it is three seasons (2013/14, 2014/15 and often not necessary. Therefore, it is 2015/16) this byelaw has been used to not possible for fishing effort to close the oyster fishery in Southampton increase every day for an additional 2 Water and the wider Solent, as well as hours. Finally, fishermen often take shortening the open season in the days of from fishing during each eastern harbours. For the 2016/17 working week as well as over holiday season, Southampton Water and the periods further reducing the total effort. wider Solent will remain closed and the This change in management is to eastern harbours will open as per the provide fishermen greater flexibility Oyster Close Season byelaw. The upon when they can fish, and is not Oyster Close Season byelaw prohibits intended to increase overall total effort. any person from dredging or fishing for Therefore, this change should not in or taking any fishery oysters during

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significantly increase the impacts to the period from the 1st day of March to the habitats, fauna and features of the the 31st of October in any year. designated site. Through the Oyster dredge byelaw prohibits the use requirement to submit catch returns, of any dredge which exceeds 1.5 m in including time spent fishing, Southern length when using a single dredge or IFCA will have a greater ability to totalling 3.0 m in length when using two monitor this and quantify changes in dredges at the same time. fishing effort between seasons, also understanding better the relationship Oysters, Clams, Mussels – Prohibition between fishing location and tidal on Night Fishing byelaw prohibits any restrictions. person from dredging or fishing or taking any oysters before 8.00 am or after 4.00 pm during the open season.

Red- All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt breasted caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, merganser human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Red-breasted mergansers are a type including infaunal communities which and/or the population size. The movement of of diving duck known to feed on small supports food availability and helps to loafing birds birds to less suitable feeding areas can fish. Shellfish dredging therefore may maintain the structure of intertidal and so that they lead to increased densities and cause disturbance to the species when subtidal habitats. Additionally, it are not interspecific competition. Disturbance feeding. Red-breasted Merganser are supports breeding shellfish populations. significantly can cause birds to take flight which known to feed in the vicinity of at least The timings of the recovery period were disturbed. increase energy demands and reduce one site where shellfish dredging also designed to allow for the quickest period food intake with potential takes place. of recovery over the summer months, consequences for survival and which represents the period of highest reproduction. Red-breasted mergansers occur in biological activity for invertebrate fauna significant numbers from November to of sedimentary habitats. The permit April. byelaw will only allow shellfish dredging

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The significance of disturbance is likely to take place between 06:00 and 18:00 to depend on the availability of The wind-farm sensitivity index in order to further manage fishing effort alternative undisturbed areas for birds indicates that Red-breasted and aid compliance. Conditions which and the frequency, seasonality and merganser have moderate sensitivity govern the bar spacing and strength will intensity at which shellfish dredging to wind farm developments. also form a part of the permit. These will takes place. Responsiveness to reduce the number of undersized disturbance is largely thought to be a Oyster dredging is known to shellfishshellfishes being brought up for Formatted: Font: 9 pt species-specific trait. predominantly occur subtidally and sorting and therefore reduce the infrequently occurs on the fringes on likelihood of damage and mortality to the intertidal. Therefore, oyster these individuals. All catches will be dredging has the potential to cause required to be reported further enabling disturbance to red-breasted Southern IFCA to monitor fishing effort merganser feeding in subtidal areas. levels throughout the shellfish fishery, with the potential to limit the number of Langstone Harbour is an area subject permits issued in the future. For oysters to moderate levels of vessel traffic only, the Solent Dredge Permit Byelaw whilst Portsmouth harbour is subject to will set out ‘Harvest Areas’ giving high levels of vessel traffic and some Southern IFCA the ability to open and bird species can become habituated to close specific oyster beds. The particular disturbance events or types determination of the status of oyster of disturbance. In the context of the beds is based upon annual stock moderate and high vessel levels that assessments. occur within the Harbours, it is therefore highly unlikely that shellfish This will allow greater flexibility to dredging will lead to a significant monitor and control the oyster fishery adverse effect on the feature. In fishing effort through more specific addition, the Harbours are subject to opening or closing of these areas. Areas periodic maintenance dredging that is can be closed to allow for the recovery likely to lead to greater disturbance of populations or to provide a rest period than that caused by shellfish dredging. for habitat structure to remain undisturbed. Both oyster dredging and clam Vessels Used in Fishing byelaw dredging are now subject to a four- prohibits commercial fishing vessels month open season, operating from over 12 metres from the Southern IFCA November to February. During this district. The reduction in vessel size also season, an average 3 to 4 vessels will restricts the type of gear that can be clam dredge across all three shellfish used, with vessels often using lighter dredge management areas towed gear. (Portsmouth Harbour, Southampton Water and Langstone Harbour) on The Solent European Marine Site fishable days when weather and tide (Prohibition of Method of Dredging) permit. Due to tidal restrictions Order 2004 prevents pump scooping as associated with the nature of this a means of taking shellfish. fishery, vessels are not able to operate over the entire 07:00-17:00 period Bottom Towed Fishing Gear 2016 open to fishing. The Dredge Permit byelaw prohibits bottom towed fishing

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Byelaw will enable bivalve fishing for gear over sensitive habitats. These an additional 2 hours each day the habitats include reef, seagrass, as well season is open, with the allowable as intertidal and subtidal sediments and fishing period between 06:00 and saltmarsh within the Solent EMS. The 18:00 daily. However, due to the network of permanent bottom towed physical restrictions of tides and water fear closure areas helps to maintain site depth, this will not lead to a direct integrity and offer long-term stability increase in fishing effort of 2 hours against the effects of fishing each day. Dredge fishing for bivalves displacement. The network of closure in the intertidal in limited by the tidal areas withinareas within the Solent MS, Formatted: Font: 9 pt height. Engagement with fishermen equates to approximately 33.9% of the confirms that fishing is only possible Solent Maritime SAC. around a window either side of HW, Fishing for Oysters, Mussels and Clam quoted as 2 hours either side by byelaw regulates methods can be used multiple fishermen. This is further to fish for these species. These are a) restricted by vessel size and draft, hand picking and b) dredging using a water depth of the are fished, as well dredge with a rigid framed south so as weather conditions, all of which designed to take shellfish only when further restrict the available fishing towed along the sea bed. period within the 12-hour window and over a period of days and weeks. Temporary Closure of Shellfish Beds Furthermore, fishers often do not work byelaw allows the authority to over two tidal cycles in one day, as the temporarily close any bed or part of a time restrictions regularly do not allow bed of shellfish where it is the opinion of for this, and depending on catch the Committee that it is severely success in the first tidal window it is depleted and as such required often not necessary. Therefore, it is temporary closure in order to ensure not possible for fishing effort to recovery, or any bed or part of bed increase every day for an additional 2 containing mainly immature or hours. Finally, fishermen often take undersized shellfish which is in the days of from fishing during each interest of protection and development working week as well as over holiday of the fishery, or any bed of transplanted periods further reducing the total effort. shellfish that ought to not be fished until This change in management is to it becomes established. For the last provide fishermen greater flexibility three seasons (2013/14, 2014/15 and upon when they can fish, and is not 2015/16) this byelaw has been used to intended to increase overall total effort. close the oyster fishery in Southampton Therefore, this change should not Water and the wider Solent, as well as significantly increase the impacts to shortening the open season in the the habitats, fauna and features of the eastern harbours. For the 2016/17 designated site. Through the season, Southampton Water and the requirement to submit catch returns, wider Solent will remain closed and the including time spent fishing, Southern eastern harbours will open as per the IFCA will have a greater ability to Oyster Close Season byelaw. The monitor this and quantify changes in Oyster Close Season byelaw prohibits fishing effort between seasons, also any person from dredging or fishing for

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understanding better the relationship in or taking any fishery oysters during between fishing location and tidal the period from the 1st day of March to restrictions. the 31st of October in any year. Oyster dredge byelaw prohibits the use of any dredge which exceeds 1.5 m in length when using a single dredge or totalling 3.0 m in length when using two dredges at the same time.

Oysters, Clams, Mussels – Prohibition on Night Fishing byelaw prohibits any person from dredging or fishing or taking any oysters before 8.00 am or after 4.00 pm during the open season.

Little egret All Disturbance Reduce the Disturbance and displacement through Since the introduction of Bottom The Solent Dredge Permit Byelaw will Formatted: Font: 9 pt caused by frequency, visual presence and noise were Towed Fishing Gear Byelaws first apply to all areas of Langstone Harbour, human activity duration and identified as potential pressures of introduced in 2014 and the Solent Portsmouth Harbour, Southampton / or intensity clam dredging. Dredge Fishing Gear Byelaw shellfish Water and the wider Solent. Under this of dredging throughout the Solent has new byelaw, shellfish dredging will be disturbance Disturbance can result in displacement been noted to decline (Solent Forum, prohibited for 35 weeks of the year affecting when birds are unable to use an area 2018). Most likely this is due to a during spring, summer and autumn roosting, due to the magnitude of the combination of the reduction in months (1st March to 31st October foraging, disturbance. The effects of disturbance available fishing area and increases in inclusive). This closed season enables feeding, can include a reduction in the survival compliance actions. the recovery of sedimentary habitats, moulting of displaced individuals and effects on Little egret are known to feed on small including infaunal communities which and/or the population size. The movement of fish, amphibians and insects. Shellfish supports food availability and helps to loafing birds birds to less suitable feeding areas can dredging therefore may cause maintain the structure of intertidal and so that they lead to increased densities and disturbance to the species when subtidal habitats. Additionally, it are not interspecific competition. Disturbance feeding. WeBS low tide count data supports breeding shellfish populations. significantly can cause birds to take flight which indicates that very low densities of little The timings of the recovery period were disturbed. increase energy demands and reduce egret feed in areas close to areas of designed to allow for the quickest period food intake with potential shellfish dredging. of recovery over the summer months, consequences for survival and which represents the period of highest reproduction. biological activity for invertebrate fauna of sedimentary habitats. The permit

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The significance of disturbance is likely The median escape flight distance byelaw will only allow shellfish dredging to depend on the availability of exhibited by this species has been to take place between 06:00 and 18:00 alternative undisturbed areas for birds reported at 75 m in the Solent. in order to further manage fishing effort and the frequency, seasonality and and aid compliance. Conditions which intensity at which shellfish dredging Oyster dredging is however known to govern the bar spacing and strength will takes place. Responsiveness to predominantly occur subtidally and also form a part of the permit. These will disturbance is largely thought to be a infrequently occurs on the fringes on reduce the number of undersized species-specific trait. the intertidal. It is thought that oyster shellfishshellfishes being brought up for Formatted: Font: 9 pt dredging has very little direct impact sorting and therefore reduce the on disturbance of waders since the likelihood of damage and mortality to activity occurs subtidally and when it these individuals. All catches will be does occur on the fringes of the required to be reported further enabling intertidal zone (which is infrequently) it Southern IFCA to monitor fishing effort does so at high tide and feeding takes levels throughout the shellfish fishery, place at low tide, thustide, thus with the potential to limit the number of Formatted: Font: 9 pt eliminating the possibly of any adverse permits issued in the future. For oysters significant effect. only, the Solent Dredge Permit Byelaw will set out ‘Harvest Areas’ giving Langstone Harbour is an area subject Southern IFCA the ability to open and to moderate levels of vessel traffic, close specific oyster beds. The whilst Portsmouth and Solent and determination of the status of oyster Southampton water experience high beds is based upon annual stock levels of vessel traffic and some bird assessments. species can become habituated to particular disturbance events or types This will allow greater flexibility to of disturbance. In the context of the monitor and control the oyster fishery vessel levels that occur throughout the fishing effort through more specific Solent, it is therefore highly unlikely opening or closing of these areas. Areas that Shellfish dredging will lead to a can be closed to allow for the recovery significant adverse effect on the of populations or to provide a rest period feature. In addition, throughout the for habitat structure to remain Solent there is periodic maintenance undisturbed. dredging that is likely to lead to greater disturbance than that caused by Vessels Used in Fishing byelaw shellfish dredging. prohibits commercial fishing vessels over 12 metres from the Southern IFCA Both oyster dredging and clam district. The reduction in vessel size also dredging are now subject to a four- restricts the type of gear that can be month open season, operating from used, with vessels often using lighter November to February. During this towed gear. season, an average 3 to 4 vessels will clam dredge across all three shellfish The Solent European Marine Site dredge management areas (Prohibition of Method of Dredging) (Portsmouth Harbour, Southampton Order 2004 prevents pump scooping as Water and Langstone Harbour) on a means of taking shellfish. fishable days when weather and tide

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permit. Due to tidal restrictions Bottom Towed Fishing Gear 2016 associated with the nature of this byelaw prohibits bottom towed fishing fishery, vessels are not able to operate gear over sensitive habitats. These over the entire 07:00-17:00 period habitats include reef, seagrass, as well open to fishing. The Dredge Permit as intertidal and subtidal sediments and Byelaw will enable bivalve fishing for saltmarsh within the Solent EMS. The an additional 2 hours each day the network of permanent bottom towed season is open, with the allowable fear closure areas helps to maintain site fishing period between 06:00 and integrity and offer long-term stability 18:00 daily. However, due to the against the effects of fishing physical restrictions of tides and water displacement. The network of closure depth, this will not lead to a direct areas withinareas within the Solent MS, Formatted: Font: 9 pt increase in fishing effort of 2 hours equates to approximately 33.9% of the each day. Dredge fishing for bivalves Solent Maritime SAC. in the intertidal in limited by the tidal Fishing for Oysters, Mussels and Clam height. Engagement with fishermen byelaw regulates methods can be used confirms that fishing is only possible to fish for these species. These are a) around a window either side of HW, hand picking and b) dredging using a quoted as 2 hours either side by dredge with a rigid framed south so multiple fishermen. This is further designed to take shellfish only when restricted by vessel size and draft, towed along the sea bed. water depth of the are fished, as well as weather conditions, all of which Temporary Closure of Shellfish Beds further restrict the available fishing byelaw allows the authority to period within the 12-hour window and temporarily close any bed or part of a over a period of days and weeks. bed of shellfish where it is the opinion of Furthermore, fishers often do not work the Committee that it is severely over two tidal cycles in one day, as the depleted and as such required time restrictions regularly do not allow temporary closure in order to ensure for this, and depending on catch recovery, or any bed or part of bed success in the first tidal window it is containing mainly immature or often not necessary. Therefore, it is undersized shellfish which is in the not possible for fishing effort to interest of protection and development increase every day for an additional 2 of the fishery, or any bed of transplanted hours. Finally, fishermen often take shellfish that ought to not be fished until days of from fishing during each it becomes established. For the last working week as well as over holiday three seasons (2013/14, 2014/15 and periods further reducing the total effort. 2015/16) this byelaw has been used to This change in management is to close the oyster fishery in Southampton provide fishermen greater flexibility Water and the wider Solent, as well as upon when they can fish, and is not shortening the open season in the intended to increase overall total effort. eastern harbours. For the 2016/17 Therefore, this change should not season, Southampton Water and the significantly increase the impacts to wider Solent will remain closed and the the habitats, fauna and features of the eastern harbours will open as per the designated site. Through the Oyster Close Season byelaw. The

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requirement to submit catch returns, Oyster Close Season byelaw prohibits including time spent fishing, Southern any person from dredging or fishing for IFCA will have a greater ability to in or taking any fishery oysters during monitor this and quantify changes in the period from the 1st day of March to fishing effort between seasons, also the 31st of October in any year. understanding better the relationship Oyster dredge byelaw prohibits the use between fishing location and tidal of any dredge which exceeds 1.5 m in restrictions. length when using a single dredge or totalling 3.0 m in length when using two dredges at the same time.

Oysters, Clams, Mussels – Prohibition on Night Fishing byelaw prohibits any person from dredging or fishing or taking any oysters before 8.00 am or after 4.00 pm during the open season.

Waterbird Intertidal mixed Supporting Maintain the Abrasion, penetration and disturbance Since the introduction of Bottom Bottom Towed Fishing Gear 2016 Formatted: Font: 9 pt assemblage and coarse habitat: quality structure, of the surface of the seabed and below Towed Fishing Gear Byelaws first byelaw prohibits bottom towed fishing and non- sediment, of supporting function and the surface of the seabed, as well as introduced in 2014 and the Solent gear over sensitive habitats. These breeding Intertidal Mud, non-breeding availability of smothering and changes in siltation Dredge Fishing Gear Byelaw shellfish habitats include reef, seagrass, as well qualifying Intertidal sand and habitat the following rate were identified as potential dredging throughout the Solent has as intertidal and subtidal sediments and featuresInter muddy sand habitats pressures. been noted to decline (Solent Forum, saltmarsh within the Solent EMS. The nationally which 2018). Most likely this is due to a network of permanent bottom towed important support the Shellfish dredging has been shown to combination of the reduction in fear closure areas helps to maintain site regularly assemblage alter the sedimentary characteristics of available fishing area and increases in integrity and offer long-term stability occurring feature for all the affected substrate. The use of a compliance actions. against the effects of fishing migratory stages modified oyster dredge to fish for clams displacement. The network of closure species/ (moulting, led to the removal of the coarse Both oyster dredging and clam areas within the Solent MS, equates to Nationally roosting, fraction of sediment (EMU, 1992) and dredging are now subject to a four- approximately 33.9% of the Solent important loafing, suction dredging has been shown to month open season, operating from Maritime SAC. populations feeding) of increase median grains through the November to February. During this of regularly the non- loss of fine silts (Piersma, 2001). season, an average 3 to 4 vessels will The Solent Dredge Permit Byelaw will occurring breeding Similarly, Clarke et al., (2018b) clam dredge across all three shellfish apply to all areas of Langstone Harbour, migratory period. reported increases in finer sediments dredge management areas Portsmouth Harbour, Southampton species in control treatments compared by (Portsmouth Harbour, Southampton Water and the wider Solent. Under this impact treatments (subject to shellfish Water and Langstone Harbour) on new byelaw, shellfish dredging will be

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dredging). The resuspension and fishable days when weather and tide prohibited for 35 weeks of the year dispersal of fine sediments can lead to permit. Due to tidal restrictions during spring, summer and autumn long term effects on particular sieve associated with the nature of this months (1st March to 31st October fractions (Pranovi & Giovanardi, 1994); fishery, vessels are not able to operate inclusive). This closed season enables potentially decreasing the clay portion over the entire 07:00-17:00 period the recovery of sedimentary habitats, of the sediment (Maier et al., 1998). open to fishing. The Dredge Permit including infaunal communities and Other changes in sediment character Byelaw will enable bivalve fishing for helps to maintain the structure of may also include a lack of an additional 2 hours each day the intertidal and subtidal habitats. consolidation of sediments (Aspden et season is open, with the allowable Additionally, it supports breeding al., 2004) the removal of stones and fishing period between 06:00 and shellfish populations. The timings of the taxa that produce structure (i.e. tube- 18:00 daily. However, due to the recovery period were designed to allow dwelling and burrowing organisms) physical restrictions of tides and water for the quickest period of recovery over (Johnson, 2002; Mercaldo-Allen & depth, this will not lead to a direct the summer months, which represents Goldberg, 2011). increase in fishing effort of 2 hours the period of highest biological activity each day. Dredge fishing for bivalves for invertebrate fauna of sedimentary Alterations to sediment composition in the intertidal in limited by the tidal habitats. The permit byelaw will only may persist after dredge marks are no height. Engagement with fishermen allow shellfish dredging to take place longer visible (Mercaldo-Allen & confirms that fishing is only possible between 06:00 and 18:00 in order to Goldberg, 2011). Using acoustic around a window either side of HW, further manage fishing effort and aid reflective sonar, long-term changes in quoted as 2 hours either side by compliance. Conditions which govern sediment structure has been detected multiple fishermen. This is further the bar spacing and strength will also between dredge furrows and the restricted by vessel size and draft, form a part of the permit. These will surrounding seabed (Mercaldo-Allen & water depth of the are fished, as well reduce the number of undersized Goldberg, 2011). Differences in as weather conditions, all of which shellfishshellfishes being brought up for Formatted: Font: 9 pt sediment composition between further restrict the available fishing sorting and therefore reduce the dredged and undredged areas after period within the 12-hour window and likelihood of damage and mortality to hydraulic escalator harvesting were no over a period of days and weeks. these individuals and will also aid longer detectable after 1 year Furthermore, fishers often do not work compliance. All catches will be required (Godcharles, 1971). over two tidal cycles in one day, as the to be reported further enabling Southern time restrictions regularly do not allow IFCA to monitor fishing effort levels Shellfish dredging has been reported for this, and depending on catch throughout the shellfish fishery, with the to disturb the top 15 to 20 cm of success in the first tidal window it is potential to limit the number of permits sediment (EMU, 1992). Dredging is often not necessary. Therefore, it is issued in the future. For oysters only, known to cause changes in topography not possible for fishing effort to the Solent Dredge Permit Byelaw will (Natural England, 2014). Typically increase every day for an additional 2 set out ‘Harvest Areas’ giving Southern impacts include the creation of hours. Finally, fishermen often take IFCA the ability to open and close depressions and trenches and the days of from fishing during each specific oyster beds. The determination smoothing of ripples or creation of working week as well as over holiday of the status of oyster beds is based ridges within sand environments periods further reducing the total effort. upon annual stock assessments. (Wheeler et al., 2014). This change in management is to This will allow greater flexibility to provide fishermen greater flexibility monitor and control the oyster fishery The physical recovery of sediments to upon when they can fish, and is not fishing effort through more specific such impacts largely depends on intended to increase overall total effort. opening or closing of these areas. Areas sediment type (Mercaldo-Allen & Therefore, this change should not can be closed to allow for the recovery Goldberg, 2011). In high energy significantly increase the impacts to of populations or to provide a rest period environments physical recovery can the habitats, fauna and features of the

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take days, whereas recovery in low designated site. Through the for habitat structure to remain energy areas can take months requirement to submit catch returns, undisturbed. (Northeast Region EFHSC, 2002; including time spent fishing, Southern Wallace & Hoff, 2005). Trawl marks in IFCA will have a greater ability to Oyster Close Season byelaw prohibits silty clay sediment have been shown to monitor this and quantify changes in any person from dredging or fishing for persist throughout the year within the fishing effort between seasons, also or taking from the fishery any oysters study area (Smith et al., 2007). understanding better the relationship during the period 1st day of Marsh to the between fishing location and tidal 31st October in any year. restrictions. For the last five seasons, oyster The Cockles byelaw states that no dredging has only been permitted in person shall fish for or take from a the eastern harbours (Portsmouth and fishery any cockle between 1st day of Langstone Harbour), with the wider February and 30th of April and when the Solent and Southampton Water cockle bed is covered by water only a closed. dredge less than 460 mm in width can be used. This largely the use of a clam In the last two seasons (2016/17; dredge for harvesting cockles. 2017/18), the eastern harbours have been open for the four-month season Vessels Used in Fishing byelaw (as per the Oyster Close Season prohibits commercial fishing vessels byelaw). This period will remain the over 12 metres from the Southern IFCA same under the Dredge Permit district. The reduction in vessel size also Byelaw. restricts the type of gear that can be In the 2018/19 season, from the 1st used, with vessels often using lighter November 2018 two further areas will towed gear. no longer be closed; Ryde Middle and Portsmouth Harbour. The Solent European Marine Site (Prohibition of Method of Dredging) Typically, an average of 1 to 2 vessels Order 2004 prevents pump scooping as operate over the season on any one a means of taking shellfish. day, weather and conditions permitting. The distribution of fishing Fishing for Oysters, Mussels and Clam effort for each activity differs. Clam byelaw regulates methods can be used dredging takes places intertidally and to fish for these species. These are a) on the fringes of the subtidal and is hand picking and b) dredging using a largely concentrated on the eastern dredge with a rigid framed mouth so side of Southampton Water, in areas designed to take shellfish only when known as Ashlett Creek and Bird Pile. towed along the sea bed. Activity also takes place in Langstone Harbour, although to a lesser extent, in Temporary Closure of Shellfish Beds the north eastern quarter of the byelaw allows the authority to harbour. Using feature data, clam temporarily close any bed or part of a dredging is shown to occur bed of shellfish where it is the opinion of predominantly over intertidal mud, as the Committee that it is severely well as intertidal mixed sediments, depleted and as such required intertidal sand and muddy sand and temporary closure in order to ensure

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subtidal mixed sediments (to a lesser recovery, or any bed or part of bed extent due to the nature of the fishery). containing mainly immature or The concentration of fishing effort undersized shellfish which is in the within intertidal areas means the interest of protection and development activity has the potential to cause of the fishery, or any bed of transplanted changes to sediment composition. The shellfish that ought to not be fished until level of fishing effort (3 to 4 vessels on it becomes established. This byelaw has fishable days) spread over the three been used to close certain areas in the shellfish dredge management areas Solent to oyster dredging (see Table 3). (one of which falls outside of the SAC) limits potential for such impacts and closure of the fishery for 8 months of the year allows sufficient time for restoration of sediment composition.

Oyster dredging takes place subtidally and on the fringes of the intertidal in the north eastern quarter of Langstone Harbour. Using feature data, oyster dredging is shown to occur predominantly over subtidal mixed sediment within the main channels in Langstone Harbour and over intertidal mud and intertidal sand and muddy sand (to a lesser extent). Fishing effort within intertidal habitats is known to be relatively low due to the subtidal nature of the fishery and as such will limit any changes in sediment character/topography.

The distribution of fishing effort for each activity differs. Clam dredging takes places intertidally and on the fringes of the subtidal and is largely concentrated on the eastern side of Southampton Water, in areas known as Ashlett Creek and Bird Pile. Activity also takes place in Langstone Harbour, although to a lesser extent, in the north eastern quarter of the harbour. Using feature data, clam dredging is shown to occur predominantly over intertidal mud, as well as intertidal mixed sediments, intertidal sand and muddy sand and

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subtidal mixed sediments (to a lesser extent due to the nature of the fishery). The concentration of fishing effort within intertidal areas means the activity has the potential to cause changes to topography. The level of fishing effort (3 to 4 vessels on fishable days) spread over the three shellfish dredge management areas (one of which falls outside of the SAC) limits potential for changes to topography and closure of the fishery for 8 months of the year allows sufficient time for restoration of such changes.

There is an inverse relationship between wave action and depth and so the natural mobility of bottom sediments tends to decrease with depth (Wheeler et al., 2014). The impact of shellfish dredging might therefore be more substantial and long term in deeper subtidal habitats (Wheeler et al., 2014).

Resultant sediment plumes and areas of elevated turbidity can extend up to 30 metres beyond the dredge zone (Manning, 1957; Haven, 1979; Manzi et al., 1985; Maier et al., 1998). The amount of suspended sediment rapidly returns to low levels with distance from the dredge activity (Kyte et al., 1976; Mairer et al., 1998), with 98% resettling within 15 m (Mercaldo-Allen & Goldberg, 2011).

Physical recovery of high energy environments can take days, whilst low energy areas can take months (Northeast Region EFHSC, 2002; Wallace & Hoff, 2005). Higher energy environments, such as those in the wider Solent, are therefore unlikely to suffer long-term changes in sediment

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composition as a result of shellfish dredging. Intertidal habitats within the eastern harbours on the other hand are likely to be lower energy environments. The Bottom Towed Fishing Gear byelaw 2016 protects a number of very low energy intertidal areas.

Potential adverse effects on habitat types highlighted above which overlap with areas of clam dredging (as this activity predominantly occur over intertidal habitats) are mitigated through the Bottom Towed Fishing Gear byelaw and 2016 and Solent Dredge Fishing byelaw (see mitigation measures column).

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8 Conclusion

In order to conclude whether the introduction of the Solent Dredge Permit byelaw, which will permit vessels to undertake shellfish dredging within the Solent European Marine Site, has an effect on the integrity of the three SPAs (Chichester and Langstone Harbours, Portsmouth Harbour and Solent and Southampton Water), it is necessary to assess whether the impacts of the to-be permitted activity (clam dredging and oyster dredging) will hinder the sites conservation objectives, namely: “Ensure that the integrity of the site is maintained or restored as appropriate, and ensure that the site contributes to achieving the Favourable Conservation Status of its Qualifying Features, by maintaining or restoring:

• The extent and distribution of qualifying natural habitats and habitats of qualifying species • The structure and function (including typical species) of qualifying natural habitats • The structure and function of the habitats of qualifying species • The supporting processes on which qualifying natural habitats and the habitats of qualifying species rely • The populations of qualifying species, and, • The distribution of qualifying species within the site.

The review of research into the impacts of shellfish dredging (detailed in section 5.2) identifies that this activity has the potential to lead to the abrasion, penetration or disturbance of the seabed, removal of target and non-target species, smothering and changes in suspended solids and visual disturbance. Physical disturbance can lead to changes in topography and sediment composition, whilst biological disturbance can lead to reductions in biomass, production, species richness and diversity, as well as alterations in size structure and population dynamics. Disturbance can occur visually or through noise. Changes in prey availability relate to the indirect effects of clam dredging which include interactions with fishing gear through crushing, burial or exposure; and smothering of prey species through enhanced sedimentation. It is therefore recognised that this activity has the potential to lead to an adverse effect upon the following SPA attributes:

• Water quality – turbidity • Disturbance caused by human activity • Supporting Habitat: Food availability • Maintain the structure, function and availability of the following habitats which support the assemblage feature for all stages (moulting, roosting, loafing, feeding) of the non-breeding period. • Supporting habitat: quality of supporting non-breeding habitat

These potential impacts and risks to the integrity of the site are mitigated through a number of conditions under the permit, previously applied through the Solent Dredge Fishing byelaw and Oyster Close Season byelaw, in-combination with permanent closures to shellfish dredging under the Bottom Towed Fishing Gear 2016 byelaw. Mitigation measures include the following:

• An 8-month close season for shellfish dredging throughout the Solent, covering the designated features/sub-features of the Solent Maritime SAC. The close season prohibits shellfish dredging during the spring, summer and autumn months, 1st March to 31st October inclusive. This closed season enables the recovery of infaunal communities and maintains the structure of intertidal and subtidal habitats, as well as supporting breeding shellfish populations, particularly during the summer months which represent the period of highest

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biological activity for invertebrate infauna of mudflats. The timing of the recovery period was designed to allow for the quickest recovery possible, this is because the restoration of a community in temperate zones is likely to be more rapid if the cessation of sediment disturbance occurs prior to the spring-summer influx of recruits (Borja et al., 2010). This supports the timing of the reproductive season for key species within the site which generally occurs between spring and autumn (see Annex 13 for reproductive season of key species). Restricting shellfish dredging during winter is likely to aid restoration of infaunal communities if the main recolonisation mechanism is by those who undergo recolonization via by larval settlement. This supports the recolonization strategies used by a number of individual species, with a number of species employing both larval settlement and active or passive migration (i.e. Macoma balthica, Hediste diversicolor) (see Annex 13 for recolonization strategies of key species).

• A diurnal closure (18:00-06:00) further manages fishing effort and aids compliance and is extended to the wider Solent to afford this area more protection.

• A network of permanent bottom towed fishing gear closure areas protects good examples of SAC habitat, maintains the integrity of the site and also safeguards against the effects of any fishing displacement. The network of closure areas covers approximately 95.4 km2 and equates to approximately 33.9% of the Solent Maritime SAC. A number of low-energy areas were identified as being most suitable for the permanent closures. Good examples of estuarine habitat including intertidal mud, subtidal mud and saltmarsh form the permanent closure areas to all types of bottom towed fishing gear. This network of areas, shown in Annex 4, includes the River Hamble, Sinah Lake, Broom Channel, Russell’s Lake, the River Medina, King’s Quay, Newtown Creek, the Yar (Yarmouth), and parts of Langstone Harbour, Ashlett Creek, Hythe foreshore, the Test, Lymington and Keyhaven. Areas.

• A requirement to submit catch return information, including quantities fished, areas fished and fishing periods, provides the Authority with greater evidence to understand and quantify fishing pressure within spatial areas of the site. The flexible design of the byelaws will enable the Authority to adapt management more rapidly, through varying permit conditions, should the need arise.

Considering all the evidence presented in this Appropriate Assessment, including scientific literature, habitat feature data and sightings data, it is concluded that the introduction of the Solent Dredge Permit byelaw, to permit shellfish dredging within the Solent, will not hinder the site from achieving its conservation objectives and as such will not have an adverse effect upon the integrity of the three SPAs. As outlined above, the permit conditions (8-month close season, diurnal closure, catch reporting) and network of bottom towed fishing gear closures, will continue to mitigate against any potential impacts of shellfish dredging on the subtidal and intertidal sub- features of this site, in addition to required catch reporting that will allow catch rates and fishing effort to be monitored. Furthermore, the permit will be flexible and as such will allow Southern IFCA to review the suitability of the permit conditions, attach conditions to the permit and revoke any conditions attached to the permit at any time after the permits have been issued, following a set process. As such, any changes with regard to the Authority’s duties and obligation under sections 153 and 154 of the Marine and Coastal Access Act 2009, advice from Natural England, new evidence in the form of scientific data or literature and/or any Habitat Regulations Assessment. This flexibility allows proportionate management of the dredge fishery in Solent whilst achieving the conservation objectives of the three SPAs.

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9 In-combination assessment

Based on the mitigation measures, in the form of permit conditions, it is concluded that the introduction of the Solent Dredge Permit byelaw, to permit shellfish dredging within the Solent, alone will not have an adverse effect on the features and sub-features of the Chichester and Langstone harbours, Portsmouth Harbour and Solent and Southampton Water SPAs.

Under Article 6(3) of the Habitats Directive, the assessment of any plan or project likely to have a significant effect on a Natura 2000 site, must be assessed in combination with other plans or projects. Any commercial plan or project require a Habitat Regulations Assessment in their own right and must also account for any in-combination effects with the Solent Dredger Permit byelaw.

Commercial plans and projects that occur within or that may affect the three SPAs are considered in section 97.1.

9.1 Other plans and projects

Project details Status Potential for in-combination effect Formatted: Font: 10 pt Kendalls Wharf extension In planning Relevant pathways identified in relation to this project include Formatted: Font: 10 pt loss of intertidal habitat, increase in suspended sediment and bird disturbance (construction and operation).

Loss of intertidal habitat – As part of this project, the total area subject to capital dredging is expected to be 0.33 ha. Following dredging, 0.073 ha of intertidal mudflat would be removed. The total intertidal area lost or altered is 0.148 ha which equates to 0.01% of the total intertidal habitat in Langstone Harbour. The combined total loss and change to intertidal mudflat to result in a maximum loss of 0.120 ha of potential foraging ground to waders and wildfowl. Despite a relatively small area of habitat loss, when compared to the total available habitat within the Chichester and Langstone Harbours SPA, the proposed works could not be concluded to not have a likely significant effect on waterfowl and waders (except for dark-bellied Brent goose). The impact significance of intertidal habitat loss was concluded to be minor21 with Formatted: Font: 10 pt regards to potential reduction in functional habitat and Formatted: Font: 10 pt moderate22 for potential loss of feeding habitat for waders and wildfowl. Formatted: Font: 10 pt Formatted: Font: 10 pt Increase in suspended sediment concentrations – It is estimated that during capital dredge operations suspended sediment concentrations could reach a maximum of 196 mg/l. Naturally occurring suspended sediment concentrations reach up to 200 mg/l within Langstone Harbour. The temporary and spatially limited sediment plumes were not anticipated to have a significant effect on the feeding success of terns within the harbour as a whole and any such effect will be limited to the Broom Channel for a short duration. The impact significance of increases in suspended sediment concentration was

21 When an effect will be experienced but the effect magnitude is sufficiently small and well within accepted standards and/or receptor is of low sensitivity. 22 Moderate significance impacts may cover a broad range, although the emphasis remains on demonstrating that the impact has been reduced to a level that is as low as reasonably practical. This does not mean reducing to ‘minor‘ but managing ‘moderate‘ ones effectively and efficiently.

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concluded to be not significant23. In addition, a back-hoe Formatted: Font: 10 pt dredger will be used to minimise sediments suspended. Formatted: Font: 10 pt

Bird disturbance – dredging and construction (installation of sheet piling and piles) are likely to generate both noise and visual disturbance. The wharf extension is located in relative close proximity to redshank roosts. Up to 10% of the redshank population in Langstone Harbour may be disturbed or displaced by proposed wharf extension works. The impact of disturbance to this roost was assessed to be of moderate significance, despite not being the preferred roost within the SPA. Disturbance to roosting, feeding and nesting grounds in the wider area was initially assessed to be of moderate significance, but was later reduced to minor significance as timing of the works are proposed to take place outside of bird sensitive periods. Construction is expected to take 3 to 4 months between 1st April and 30th September. Such measures are expected to sufficiently mitigate disturbance to overwintering birds.

At a tLSE level for shellfish dredging, visual disturbance and noise disturbance were screened in. On further investigation (contained within this HRA), both impact pathways have been screened out. The reason for this is largely down to the limited potential for direct impact since the activity occurs at high tide and feeding/foraging takes place at low tide, thus largely eliminating the possibility of disturbance. In further support of this, the SPAs are subject moderate and high levels of vessel traffic and it is likely that some bird species become habituated to these types of disturbance.

At a tLSE level for shellfish dredging, abrasion/disturbance/penetration of the substrate on the surface or below the surface of the seabed and smothering and siltation rate changes were screened in, however these impact pathways do not result in changes to the extent of the feature. Common impact pathways with the project therefore relate to sediment disturbance and subsequent impacts. The level of increase in suspended sediment concentrations associated with the project have been shown to be at the same magnitude as those which occur naturally and are likely to far exceed those caused by dredging. Increases in suspended sediment concentrations from shellfish dredging are localised and temporary in nature. Studies have reported suspended sediment rapidly returns to low levels with distance from the dredge activity (Kyte et al., 1976; Mairer et al., 1998), with 98% resettling within 15 m (Mercaldo-Allen & Goldberg, 2011).

The project and its relevant impact pathways were considered from not significant to negligible and are likely to be of small scale and localised in their nature. Knowledge of shellfish dredging activity reveals that the area of the project and surrounding areas is not subject to the activity, limiting the potential for in-combination effects due to a lack of spatial overlap. Based on the limited significance and small scale of the project impact pathways and locality of the activity in relation to the project, it is unlikely the project and activity will lead to in-combination effects.

23 An impact that, after assessment, was found not to be significant in the context of the environmental statement objectives.

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Royal Pier Phase 2 – In planning Relevant impact pathways identified in relation to the project Formatted: Font: 10 pt reclamation and capital include an increase in suspended sediment concentrations and dredge increase in sedimentation rates.

Increases in suspended sediment concentrations and subsequent increases in sedimentation rates may arise from a number of different pathways including dredging, reclamation works and piling works. The area of proposed dredging will extend to 18,700 metres and will remove around 37,000 cubic metres of material. The area to be dredged is one of low flow speeds and sediments disturbed during dredging will return to the bed in the vicinity of the dredging site. Any sediment release within the dredging site is most likely to occur in the bottom metre of the water column, increasing to suspended sediment concentrations to around 10,000 mg/l, reducing to a few hundred mg/l through the water column before resettling to the seabed. The predicted sediment plume will be largely confined to the dredge area due to very flows. Modelling estimates the suspended sediment concentrations of 10-20 mg/l could occur in the water column up to 50 to 100 m from the source. Increases of more than 10 mg/l are not expected beyond 250 m up and down estuary in the direction of the main channel and within 100 m of the outer extent of the dredge. Accumulation will be in the order of 0.1-0.2 m over the dredge area. The proposed dredging works are predicted to lead to a negligible increase in suspended sediment concentrations in and around the site and are predicted to not be significant.

Dewatering activities associated with the proposed land reclamation will have the potential to create a sediment plume, resulting in sediment dispersion and deposition in the vicinity of the site. This will be minimised by the use of silt busters and/or sediment filters. Dewatering activities will last between 3 and 5 days.

Proposed piling works have the potential to release sediments from the seabed a result of minor disturbance to sediments surrounding the piles. Suspended sediment concentrations are predicted to increase by 10-30 mg/l around each pile being driven. As a result of the low tidal flows, the maximum extent of dispersion will be no greater than 100 m up and down estuary from the site and no further than the north eastern edge of the navigation channel. The relatively small areas of piling and demolition mean the effects will be negligible and not significant.

The project will involve 10 weeks of pilling which could lead to visual and auditory disturbance to birds. However, given the distance to the nearest SPA (800m) the effects were concluded to be insignificant.

It was concluded that the small scale of the works and distance from designated nature conservation sites, mean the proposed land reclamation and dredging will not significantly affect features of the sites. Similarly, the impacts resulting from piling work were considered negligible and not significant.

At a tLSE level for shellfish dredging, smothering and siltation rate changes, and disturbance were screened in. Sediment disturbance from shellfish dredging is localised and temporary in nature. Studies have reported suspended sediment rapidly returns to low levels with distance from the dredge activity

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(Kyte et al., 1976; Mairer et al., 1998), with 98% resettling within 15 m (Mercaldo-Allen & Goldberg, 2011). When this is combined with the small scale of the work, localised impacts and distance from the SPA, it is unlikely that there will be in- combination effects with shellfish dredging. Portchester to Emsworth In planning Relevant impact pathways identified in relation to the project Formatted: Font: 10 pt Coastal Defence Strategy include the loss of intertidal habitat and bird disturbance (construction).

Loss of intertidal - The Portsea Island Coastal Strategy Study [PICSS] was approved in 2011 and covers the whole of Portsea Island. The strategy confirms the North Solent Shoreline Management Plan [SMP] policy (2010) for Portsea Island of ‘Hold the Line’ and splits Portsea Island into 7 discrete flood cells. Under the North Portsea Island scheme, covering 8.4 km of coastline from Tipner through to Milton, works have been identified including raising of seawalls and improving seawalls structural integrity. These proposed works are planned over the first ten years and these follow a phased approach, including Phase 1, Ports Creek Railways Bridge to Kendall’s Wharf Northern Boundary, and Phase 2, Milton Common and Great Salterns Quay. Coastal squeeze loss of 11.69 ha of intertidal will be caused by sea level rise and the delivery of the delivery of the strategic policy option of ‘Hold the Line’. An appropriate assessment concluded that because of the calculated coastal squeeze losses, that implementation of the strategy would have an adverse effect on designated sites. The AA however also concluded there is justification for these adverse effects as there is no alterative policy and there is an over-riding public need to protect life and property and so an Imperative Reasons of Overriding Public Interest statement was made. Environmental compensation will be achieved through the Regional Habitat Creation Programme which promotes the realignment of defences elsewhere in the Solent to create new intertidal habitats. This was signed off by Defra in April 2011.

The phases that are currently underway or in planning have a small working footprint during their construction which is strictly controlled by a Construction and Environment Management Plan. Direct disturbance to the sediment is minimal and in discrete locations at any one time. For phase 1 there was an access footprint of 15m and in phase 2 a maximum access footprint of 10 m along the Milton Common Frontage and 20 m around Great Salterns Quay. No LSE is expected as any disturbance to discrete working areas is minimal, temporary and must follow good working practices as outlined in the Construction and Environment Management Plan. This is expected to lead to no longer term impacts in these areas which are considered less sensitive bird feeding areas as areas are highly disturbed and so is not well utilised by birds. In addition, works are undertaken outside of bird sensitive periods and so the impact of the works on food availability is further reduced. Phase 2 works will lead to the gain of 2,460m2 mudflat habitat within Langstone Harbour from the removal of Great Salterns Quay.

Bird disturbance – construction works, particularly to seawalls, are expected to generate some level of noise and visual disturbance. The sensitivity of the Phase 1 area is considered to be of low sensitivity due to existing activities which occur in

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and around the Harbour. Works will run outside of the most sensitive overwintering period. The installation of noise absorbing screens will also be adopted if levels reach 69 dB or higher at the location of overwintering birds (Phase 1). The use hand operation machinery has also been used to reduce noise levels. The working footprint of the intertidal area will be strictly controlled, keeping direct disturbance to sediments to a minimum and in one discrete location at any one time (phased approach). This means that disturbance will be both localised and temporary and there will be vast ‘free from disturbance’ areas available at any one time. Access will remain similar to existing access and therefore no additional disturbance is expected above existing levels, with some areas (in Phase 2 works) seeing large reductions in access. No LSE is expected on interest features present.

At a tLSE level for shellfish dredging, visual disturbance and noise disturbance were screened in. On further investigation (contained within this HRA), both impact pathways have been screened out. The reason for this is largely down to the limited potential for direct impact since the activity occurs at high tide and feeding/foraging takes place at low tide, thus largely eliminating the possibility of disturbance. In further support of this, the three SPAs are subject to high levels of vessel traffic and it is likely that some bird species become habituated to these types of disturbance. At a tLSE level for shellfish dredging, physical damage and abrasion were screened in. It was recognised that shellfish dredging causes disturbance to the seabed but did not result in the physical loss of the extent of the feature.

The combined impacts of phased small scalesmall-scale Formatted: Font: 10 pt coastal defence works and shellishshellfish dredging will not Formatted: Font: 10 pt lead to in-combination effects, with respect to noise and visual disturbance. Disturbance caused by the project are localised, temporary and very small in scale, as well as being concentrated during the least sensitive periods, whilst shellfish dredging has limited potential to cause disturbance due to the nature of the activity. The general loss of intertidal from the overall strategy has been signed off by Defra under an Imperative Reasons of Overriding Public Interest statement. As shellfish dredging does not lead to a loss of habitat there will not be an incombinationin combination effect. Formatted: Font: 10 pt Cowes breakwater (shrape In planning There have been a number of delays in the delivery of the Formatted: Font: 10 pt extension), marina Shrape Breakwater Extension and Eastern Channel Dredge. construction and capital However, the final planning consent has been recently granted dredge and it is expected there will be more certainty on this matter by the end of the summer (2018). If all goes ahead, it is proposed the Eastern Channel will be dredged over winter 2018/19 and the Shrape Breakwater extension will occur at the same time. The MMO have consented for the works to take place from 1st March 2018 to the end of March 2019.

The environmental statement or habitats regulation assessment is currently not available (as of 26/10/2018) and so there is a lack of information regarding the impact pathways which may arise from this project, thus making it hard to assess.

Potential and relevant impact pathways are likely to include increases in suspended sediment concentrations and increase in sedimentation rates. These impact pathways are likely to

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arise from dredging of the new Eastern Channel. The dredging is likely to be small scale and as such increases in suspended sediment and sedimentation rates are likely to be limited, localised and temporary in nature.

This project is not located in close proximity to any SPA and therefore is unlikely to cause any significant disturbance effects to designated SPA birds.

At a tLSE level for shellfish dredging, smothering and siltation rate changes were screened in. Sediment disturbance from shellfish dredging is localised and temporary in nature. Studies have reported suspended sediment rapidly returns to low levels with distance from the dredge activity (Kyte et al., 1976; Mairer et al., 1998), with 98% resettling within 15 m (Mercaldo-Allen & Goldberg, 2011). It is therefore not anticipated that the project and activity will lead to any in- combination effects. IFA2 Subsea Power Cable Consented but Relevant impact pathways identified in relation to the project Formatted: Font: 10 pt not completed include damage to intertidal and subtidal habitats.

Solent and Southampton Water SPA is crossed by the cable route with landfall of the cable at Chilling and Daedalus landfalls. The project considered potential effects to birds including visual and noise disturbance during construction, loss of habitat and/or changes to prey supply, and accidental spills. Of these, only disturbance was found to have the potential for significant effects, and therefore detailed mitigation measures were developed. These included the use of HDD at Chilling to avoid effects on the intertidal habitats, sensitive timing of the construction phase to minimise any potential effects on wintering birds, and other measures to minimise disturbance to, and monitor, intertidal birds. Overall, following mitigation measures, no significant effects to birds were predicted.

At a tLSE level for shellfish dredging, visual disturbance and noise disturbance were screened in. On further investigation (contained within this HRA), both impact pathways have been screened out. The reason for this is largely down to the limited potential for direct impact since the activity occurs at high tide and feeding/foraging takes place at low tide, thus largely eliminating the possibility of disturbance. In further support of this, the three SPAs are subject to high levels of vessel traffic and it is likely that some bird species become habituated to these types of disturbance.

The project and its relevant impact pathways are considered to have no significant effect on benthic communities, visual/audial disturbance to birds and are of negligible to minor significance in relation to the physical environment and are further mitigated through a number of measures (i.e. using HDD). Knowledge of shellfish dredging activity reveals it has the potential to occur in the vicinity of the project however as both conclude no

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significant disturbance to birds there will not be an in combinationin-combination affect. Furthermore, closures to Formatted: Font: 10 pt bottom towed fishing gear prohibit shellfish dredging at the Chilling landfall. Aquind Interconnector Relevant impact pathways identified in relation to the project Formatted: Font: 10 pt include damage to intertidal and subtidal habitats and increase in suspended sediment concentrations.

The project involves the development of a new subsea and underground High Voltage Direct Current (HVDC) power cable between Normandie in France and the south coast of England. The subsea cable route will be between 190 km to 230 km in length, spanning between two landfall sites at Eastney (UK) and Pourville or Dieppe (France).

Potential impacts of the installation, operation and decommissioning phases of the Proposed development on the physical environment may include physical disturbance to seabed geology and impacts to local sediment regimes. Such impacts are expected to be limited to a narrow corridor and would arise from installation activities and maintenance operations.

The proposed Eastney landfall section of the 0.5 km wide cable corridor passes through supporting habitats, including Chichester and Langstone Harbour SPA. The following impacts may occur on benthic ecology during installation (and decommissioning); seabed disturbance, deposition of sediment (smothering), deposition of sediment (smothering) and temporary increase in suspended sediment concentrations. During operation, the following impacts have been identified habitat loss and seabed disturbance. As of (05/07/2018), no mitigation measures have been identified as no environment impact assessment or HRA has been completed.

Chichester and Langstone Harbour SPA is crossed by the cable route with the route passing through the intertidal area in the mudflats next to Farlington Marshes. As the project is still in planning no information is available yet as to the effect of disturbance on SPA bird species or the mitigation of these effects. At the tLSE level for shellfish dredging disturbance to birds was screened in however the location of the cable route which crosses the SPA is a site where shellfish dredging is not permitted under the Solent Bottom Towed gear byelaw and therefore there cannot be an incombinationin combination Formatted: Font: 10 pt disturbance effect.

At a tLSE level for shellfish dredging, abrasion/disturbance/penetration of the substrate on the surface or below the surface of the seabed and smothering and siltation rate changes were screened in, however these impact pathways do not result in changes to the extent of the feature. Common impact pathways with the project therefore relate to damage to intertidal and subtidal habitats and sediment disturbance and its subsequent impacts. The level of increase in suspended sediment concentrations associated with the project have been shown to be at the same magnitude as those which occur naturally and are likely to far exceed those caused by dredging. Increases in suspended sediment concentrations from shellfish dredging are localised and temporary in nature. Studies have reported suspended sediment rapidly returns to

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low levels with distance from the dredge activity (Kyte et al., 1976; Mairer et al., 1998), with 98% resettling within 15 m (Mercaldo-Allen & Goldberg, 2011).

The project and activity share impact pathways, however using knowledge of shellfish dredging the spatial extent of the two do not overlap and thus are not likely to lead to in-combination effects. Furthermore, the extent of the impacts caused by the project are likely to be limited spatially and temporally, with the majority occurring during installation. Mitigation against such impacts at this stage is also unknown.

South Hayling Beach Consented but Relevant impact pathways identified in relation to the project Formatted: Font: 10 pt Management Plan not completed include loss of intertidal habitats.

The project identifies damage to vegetated shingle and drift line habitats through tracking machinery, beach reprofiling and extraction of shingle from Gunner Point. Further damage to these habitats, in addition to intertidal and subtidal sandflats was also identified from the extraction of sand from around the Hayling Island Sailing Club slipway. Increased suspended sediments during construction was also identified.

An array of mitigation measures areis being put in place to Formatted: Font: 10 pt avoid impacts to vegetated shingle / drift line habitats, including vegetation surveys to inform works, general avoidance of vegetated areas for haulage routes and no works during March to August. To avoid impacts of intertidal/ subtidal sandflats, any sand extracted will be intertidal sand and this will remain as intertidal sand, with any material removed being placed back into the same intertidal sediment system, thus preventing loss of intertidal sandflat with some minor reworking of it. No change in subtidal habitat will occur as material will not be removed from the subtidal area.

The project and its relevant impact pathways largely refer to impacts on vegetated shingle and drift line habitats which are not impacted by shellfish dredging, and impact pathways which are relevant to intertidal and subtidal habitats i.e. loss of habitat have not been identified for shellfish dredging, thus the project and activity do not share common impact pathways and as such will not lead to in-combination effects. The spatial extent of the project and activity do also not overlap. Any impacts from the project are mitigated through a number of measures. Southsea Coastal Scheme In planning The environmental statement or habitats regulation Formatted: Font: 10 pt assessment is currently not available (as of 26/10/2018) and so there is a lack of information regarding the impact pathways which may arise from this project, making it harder to assess.

Plans to survey the area identify that the construction works will result in some disturbance to the intertidal area, the loss of a small amount of foreshore in some locations and also some disruption to the shallow subtidal areas in other areas.

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Potential and relevant impact pathways are likely to include loss of intertidal habitats. The project covers a relatively small stretch of the coastline, occurring outside the SPA, and as such as impacts will be very localised.

At a tLSE level for shellfish dredging, abrasion/disturbance/penetration of the substrate on the surface or below the surface of the seabed, however these impact pathways do not result in changes to the extent of the feature. The project and activity do not share impact pathways (loss of intertidal habitat), and the spatial extent of the two do not overlap, thus not leading to any in-combination effects. Furthermore, it appears the spatial extent of the project occurs outside the SPA. RNLI Boat House Slipway In planning Relevant impact pathways identified in relation to the project Formatted: Font: 10 pt include loss of intertidal habitats and disturbance to birds.

The RNLI plan to undertake works to improve the slipway and extend its lifetime by another 10 years. Two options are being considered; replacement of slipway, edge protection under slab and topping over existing slipways, new lower section, steel sheet piles edge protection.

In the area near to or within the proposed construction the area surrounding the station has small amounts of intertidal mixed sediments. Works are likely to be carried out, including pilling over the sensitive bird period however it is considered that the area is not an important bid roost or feeding area and therefore Formatted: Font: 10 pt effect are unlikely to be significant. It has been identified a tLSE will be required and undertaken as part of the development of the application. It is believed any potential impacts are likely to be short-lived and localised to the working area during construction particularly in relation to the sediments which are highly mobile in the area. The preparation of a construction environmental management plan (CEMP) is considered to be sufficient to ensure risks to the environment are managed. The maximum footprint of the works would be 60m2.

At a tLSE level for shellfish dredging, abrasion/disturbance/penetration of the substrate on the surface or below the surface of the seabed, however these impact pathways do not result in changes to the extent of the feature. At a tLSE level for shellfish dredging disturbance to birds was screened in however according to the information supplied within this HRA this has now been screened out. Furthermore, there is no overlap between this project shellfish dredging activity and therefore there cannot be a disturbance in combination effect.

The project and activity do not share the impact pathway (loss of intertidal habitat), and the spatial extent of the two do not overlap, thus not leading to any in-combination effects.

9.2 Other fishing activities

Fishing Activity Status Potential for in-combination effect Formatted: Font: 10 pt Light otter trawling (for sand Ongoing Common impact pathways were identified at a tLSE level and Formatted Table eels) these include; Abrasion/penetration/disturbance to the substrate of the seabed, smothering and siltation rate changes Formatted: Font: 10 pt and removal of target species. Formatted: Font: 10 pt

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Light otter trawling for sand eels occurs in one area of Formatted: Font: 10 pt Langstone Harbour known as Sword Sands located in the main channels in the southern and central parts of the harbour. Clam dredging is often focused in areas on softer sediment in distinct, small spatial areas where shellfish beds exist. These largely include the north eastern quarter of Langstone Harbour. These sites occur intertidally (fished at high tide) and subtidally, with vessels often operating in very shallow waters. There is no spatial overlap between the two activities and therefore there are likely to be no in-combination effects for any of the impact pathways identified.

Sightings data presented in Annex 18 (indicative of recent fishing activity) reveals there is no spatial overlap between the two activities and therefore there are likely to be no in- combination effects for any of the impact pathways identified.

In Solent and Southampton Water no impact pathways were identified at a tLSE level for light otter trawling. The reason for this is the low incidence of trawling within the Solent and Southampton Water SPA as the activity is concentrated subtidally. The two activities target different species and therefore there will be no in-combination effects with respect to selective extraction of species.

The level of trawling occurring within SPA is limited and sightings data show it occurs on an infrequent basis. Sightings data presented in Annex 17 demonstrate no overlap between clam sightings data and trawl sightings.

Based on the low incidence of trawling within the Solent and Southampton Water SPA due to the subtidal nature of the activity, it highly unlikely there would be any spatial overlap between the two activities and as such in-combination effects are unlikely to occur. Demersal netting Ongoing No impact pathways were identified at a tLSE level for Formatted: Font: 10 pt demersal netting. The activity is low impact and unlikely to lead to any in-combination effects. In addition, static gear types such as netting and mobile gear types such as clam dredging are not compatible and often occur in different areas, thus largely eliminating any spatial overlap between the two activities. Demersal longlining Ongoing No impact pathways were identified at a tLSE level for Formatted: Font: 10 pt demersal longlining. The activity is low impact and unlikely to lead to any in-combination effects. In addition, static gear types such as longlining and mobile gear types such as clam dredging are not compatible and often occur in different areas, thus largely eliminating any spatial overlap between the two activities. Handlines & Jigging/Trolling Ongoing No impact pathways were identified at a tLSE level for Formatted: Font: 10 pt handlines and jigging/trolling. The activity is very ow impact and unlikely to lead to any in-combination effects.

10 Summary of consultation with Natural England

Consultation Date submitted Response from NE Date received

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Draft v1.3 26 October 2018 Recommended 19 November amendments 2018

11 Integrity test Overall the Solent dredge Permit Byelaw will provide greater opportunity to monitor fishing effort within the Solent clam and oyster dredge fisheries. The permit will provide a direct route by which further management options can be brought in, if once in operation, it becomes apparent that this is required. Seasonal and area restrictions will remain underpinned by the dredge permit byelaw and bottom towed fishing gear byelaw ensuring high risk habitats are not at risk, and time is given for the recovery of fished areas. A small increase in daily fishing period of two hours, will not lead to a daily two- hour increase in fishing effort as this is largely governed by physical restrictions acting upon the fishery including tidal state, weather, water depth, vessel length and draft, meaning that to date fishing pressure has been lower than anticipated.

Based on the mitigation measures, in the form of permit conditions under the Solent Dredge Permit byelaw, and closures under the Bottom Towed Fishing Gear byelaw, it is concluded the introduction of permits for shellfish dredging within the Solent will not have an adverse effect, alone or in-combination, on the features and supporting habitats of the Chichester and Langstone Harbours SPA, Portsmouth Harbour SPA and Solent and Southampton Water SPA.

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Thompson, J. R. 1994. Report on pilot project to investigate recreational disturbance to overwintering birds in the Solent 1993-94. Hampshire County Council.

Thrush, S.G. & Dayton, P.K. 2002. Disturbance to marine benthic habitats by trawling and dredging: Implications for marine biodiversity. Annual Review of Ecology and Systematics, 33, 449-473.

Townshend, D. J., & O’Connor, D. A. 1993. Some effects of disturbance to waterfowl from bait- digging and wildfowling at Lindisfarne National Nature Reserve, north-east England. In Davidson, N. & Rothwell, P. (Eds). Disturbance to Waterfowl on Estuaries. Wader Study Group Bulletin, 68 (Special Issue). pp. 47–52.

Tumnoi, W. 2012. The Autoecology of Tapes philippinarum (Adams and Reeve, 1850) in Southampton Water, UK. PhD Thesis. University of Southampton. UK. 182 pp.

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Veale, L.O., Hill, A.S., Hawkins, S.J. & Brand, A.R. 2000. Effects of long termlong-term physical disturbance by commercial scallop fishing on subtidal epifaunal assemblages and habitats. Mar.Biol., 137, 2, 325-337.

Veale, L.O., Hill, A.S., Hawkins, S.J. & Brand, A.R. 2000. Effects of longtermlong term physical disturbance by commercial scallop fishing on subtidal epifaunal assemblages and habitats. Mar.Biol., 137, 2, 325-337.

Verhulst, S., Oosterbeek, K., Rutten, A.L. & Ens, B.J. 2004. Shellfish fishery severely reduces condition and survival of oystercatchers despite creation of large marine protected areas. Ecol. Soc., 9, 1, 17.

Walker, B. G., Dee Boersma, P. & Wingfield, J. C. 2006. Habituation of Adult Magellanic Penguins to Human Visitation as Expressed through BehaviorBehaviour and Corticosterone Secretion. Cons. Biol., 20, 146-154.

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Williams, C. and Davies, W. 2018. A valuation of the Provisioning Ecosystem Services provided by shellfish for priority shellfish waters in the Solent. Report for Southern IFCA and the Environment Agency. NEF Consulting. London.

Wheeler, R., Stillman, R.A.S. & Herbert, R.J.H. 2014. Ecological impacts of clam and cockle harvesting on benthic habitats and waterfowl. Report to Natural England. Bournemouth University. 42pp. WWT Consulting. 2012. Review of the impacts of fisheries on marine birds with particular reference to Wales. Marine Spatial Planning in Wales Project. CCW Policy Research Report No 11/6. 57 pp

Yasué, M. 2005. The effects of human presence, flock size and prey density on shorebird foraging rates. J. Ethol., 23, 199-204.

Zwarts, L., Cayford, J.T., Hulscher, J.B., Kersten, M. & Meire, P.M. 1996a. Prey size selection and intake rate. In Goss-Custard, J.D. (Ed). The Oystercatcher: From Individuals to Populations. Oxford, Oxford University Press.

Zwarts, L., Ens, B.J., Goss-Custard, J.D., Hulscher, J.B., Durell. S.E.A. le V.dit. 1996b. Causes of variation in prey profitability and its consequences for the intake rate of the oystercatcher Haematopus ostralegus. Ardea, 84a, 229-268.

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Annex 2: The Key Principles of the SEMS Management Scheme (http://www.solentems.org.uk/sems/management_scheme/)

Principle 1 - Favourable Condition

The SEMS has qualified for designation against the background of current use and there is a working assumption that the features for which the site is designated are in favourable condition from the time of designation. The Management Scheme and the monitoring to be carried out by 2006 will test this assumption.

Principle 2 - Sustainable Development

The aim of the Management Scheme is not to exclude human activities from SEMS, but rather to ensure that they are undertaken in ways which do not threaten the nature conservation interest, and wherever possible, in ways that support it. The Management Scheme should ensure a balance of social, economic and environmental objectives when considering the management of activities within the Solent.

Principle 3 - Regulatory Use of Bye-laws

New bye-laws may be used as a regulatory mechanism for the SEMS. These should only be introduced into the Management Scheme when all other options have been considered and it is the only effective solution.

Principle 4 - Links to Existing Management and Other Plans/Initiative

Where appropriate the SEMS Management Scheme will directly utilise management actions from other existing management plans. The actions identified in the Management Scheme will therefore serve to inform and support existing management effects rather than duplicate them. The management measures identified in other plans will remain the mechanism through which these are to be implemented.

Principle 5 - Onus of Proof

The wording for principle 5 is based on the following three-stage process:

Stage 1 - Evidence must be established that a site feature is in deterioration. This evidence must be scientific, credible and unambiguous but it need not originate from English Nature itself. It is acknowledged that other Relevant Authorities will be undertaking monitoring regimes and if their programmes flag up something of interest, it would be expected that they would present it to English Nature for further comment and verification.

Stage 2 - English Nature, as the Government's body with responsibility for nature conservation, must believe that a site feature is in deterioration. If the evidence to support this view has come from their own monitoring - or if it has come from an external, authoritative source - EN should act as a conduit to demonstrate this fact to the Relevant Authority with responsibility for the management of the activity suspected of having detrimental effect.

Stage 3 - English Nature and the Relevant Authority (ies) involved should work together to establish any cause and effect relationship. From this, changes to management actions may be made.

Consideration of this process had led to the following definition of onus of proof: If through their own site condition monitoring programme or that of another Relevant Authority, English Nature can demonstrate that they have reasonable evidence to indicate that a deterioration in the condition of a SEMS feature or species exists, then English Nature and the Relevant Authorities concerned will work together to identify any cause and effect relationship.

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Principle 6 - Management Actions

Where reasonable evidence is found to clearly demonstrate the cause and effect relationship the Relevant Authorities involved will instigate changes to the management of the activity, which will be within a RAs statutory obligationsRAs statutory obligation and will provide a solution that is in accordance with the Regulations and be fair, balanced, proportionate and appropriate to the site and the activity. Where the cause and effect relationship isare uncertain but deterioration in the condition is still significant the Relevant Authorities should consider any potential changes in management practices in light of the precautionary principle* and the cost effectiveness of proposed measures in preventing damage. However, the precautionary principle should not be used to prevent existing management actions continuing where there is no evidence of real risk of deterioration or significant disturbance to site features.

All forms of environmental risk should be tested against the precautionary principle which means that where there are real risks to the site, lack of full scientific certainty should not be used as a reason for postponing measures that are likely to be cost effective in preventing such damage. It does not however imply that the suggested cause of such damage must be eradicated unless proved to be harmless and it cannot be used as a licence to invent hypothetical consequences. Moreover, it is important, when considering whether information available is sufficient, to take account of the associated balance of likely costs, including environmental costs, and benefits." (DETR & the Welsh Office, 1998).

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Annex 3: Supporting Habitat(s) Site Feature Map for the Solent SPAs (Langstone Harbour only, Portsmouth Harbour and Solent and Southampton Water)

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Annex 4: Bottom Towed Fishing Gear 2016 byelaw permanent closure areas in the Solent SPAs (Langstone Harbour only, Portsmouth Harbour, Solent and Southampton Water).

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Annex 5: Co-Location of Recent Shellfish Dredging Sightings and Site Feature(s)/Sub-Feature(s) in the Solent SPAs (Langstone Harbour only, Portsmouth Harbour & Solent and Southampton Water).

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Annex 6: Low tide WeBS data distribution maps for Grey plover, Dunlin, Redshank, Dark-bellied brent goose, Shelduck, Teal, Ringed plover, Curlew, Turnstone, Wigeon, Pintail and Shoveler inShoveler in the Solent taken from Stillman et al., (2009).

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Annex 7: WeBS Low Tide Count (LTC) scheme point data distribution maps for the three Solent SPAs bird features (Langstone Harbour and Portsmouth Harbour) Recent Solent and Southampton Water maps not available. https://app.bto.org/webs-reporting/

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Annex 8: Bird roosting sites from the Solent Waders and Brent Goose Strategy. Taken from https://solentwbgs.wordpress.com/page-2/. Taken on 03/10/2018.

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Annex 9: Classification of Bivalve Mollusc Production Areas interacting with the three Solent SPAs (Langstone Harbour Only, Portsmouth Harbour and Solent and Southampton Water).

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Annex 10. Table of recovery rates of prey species taken by bird species which may be impacted by changes in prey availability as a result of clam dredging in Chichester and Langstone Harbour SPA, Portsmouth Harbour, and Solent and Southampton Water SPA. Taken from Ferns et al., (2000).

Species % Change After Harvesting – % Change After Harvesting – Recovery Period Muddy Sand Clean Sand Corophium arenarium -53% 0%* >86 days (muddy sand) 0 days* (clean sand) Crangon crangon - -38%* >86 days (muddy sand) Macoma balthica 55% -6% 0 days (muddy sand) >86 days (clean sand) Cerastoderma edule -35% -15% >86 days (muddy sand) 0 days (clean sand) Hediste diversicolor - -33%* - Hydrobia ulvae -60% -56% >86 days (muddy sand) 8 days (clean sand) Retusa obtusa - - >86 days* (muddy sand) *Low abundances were found

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Annex 11: Seabed scars (shown as numerous lines), visible from Google Earth, potentially caused by clam dredging within Langstone Harbour. These images were taken on 22/04/2015. Source: Google Earth.

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Annex 12. Table of studies investigating the impacts of shellfish dredging and recovery rates.

Study Location and Gear Type and Sediment Type Recovery Period Species-Specific Exposure Target Species Recovery Ferns, P.N., Burry Inlet, Tractor-towed Intertidal clean Recovery was considered Muddy sand: Rostron, D.M. & South Wales cockle harvester sand and muddy with invertebrate sampling Pygospio elegans - >174 Sima, H.Y. 2000. sand conducted 15 and 86 days days Effects of Common cockle after harvesting in both Hydrobia ulvae - >174 mechanical -Cerastoderma sediment types and 174 days cockle edule days in muddy sand only. Nephtys hombergii – 51 harvesting on UnfortunatelyUnfortunately, days intertidal sampling was not Bathyporeia pilosa – 51 communities. continued long enough to days Journal of determine how long Lanice conchilega – 0 days Applied Ecology, invertebrate communities Corophium arenarium – 0 37, 464-474. took to recover. Movement days of adults or passive Macoma balthica - >86 transport as a result of days sediment movements, was Cerastoderma edule - sufficient to allow recovery >174 days of modest invertebrate Pygospio elegans - >86 populations in clean sand, days but inadequate to allow Crangon creangon - >86 recovery of large days populations in muddy sand. Retusa obtusa - >86 days See species-specific recovery. Clean sand: Bathyporeia pilosa – 39 days Macoma balthica - <86 days Cerastoderma edule – 0 days Pygospio elegans - >86 days Nephtys homergii - <86 days Carcinus maenas - <86 days Kaiser, M.J., Whitestable, Suction dredge Clay Seven months after Nephtys hombergii Edwards, B. & Kent, south-east interspersed harvesting, no significant contributed to the most Spencer, B.E. England Manila clam – with patches of differences in infaunal similarity between samples 1996. Infaunal Tapes shell debris and communities were found taken from the clam lay 7 community philippinarum lignin deposits between the harvested months after harvesting changes as a (from local paper clam lay and either of the and was also dominant in result of mill) overlaid control sites (near and far). control areas. commercial clam with fine sand cultivation and and silt. After seven months, harvesting. sediment fractions in the Aquatic Living Exposed to harvested plot did not Resources, 9, prevailing north significantly differ from the 57-63. easterly winds. sediment in control areas,

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as sedimentation had nearly restored sediment structure. Hall, S.J. & Auchencairn Suction dredge Sediments Suction dredge – Suction dredge - significant Harding, M.J.C. Bay, Solway & tractor dredge generally statistically significant treatment (disturbed 1997. Physical Firth, Dumfries, become coarser effects were present, but versus undisturbed) effects disturbance and Scotland Common cockle in the centre of overall faunal structure in were reported for Pygospio marine benthic – Cerastoderma the bay and low distributed plots recovered elegans and Cerastoderma communities: edule water mark after 56 days. This edule. There were also a the effects of (median occurred against a significant time effect and mechanical diameter = 3.5ø, background of seasonal significant time-treatment harvesting of 88µm) (near to response. interaction for Pygospio cockles on non- the study area). elegans. target benthic Silt/clay fraction Tractor dredge – no infauna. Journal (<62.5 µm) statistically significant Tractor dredge – mean of Applied ranges from 25 effects on total abundance abundance of P. elegans Ecology, 34, to 60% in the and number of species and remained higher in the 497-517. centre. overall faunal structure in undisturbed treatment until distributed plots recovered day 56. No significant after 56 days. This treatment effect occurred occurred against a for any species but a background of general significant time treatment seasonal decline. occurred for P. elegans, Nepthys sp. and C. edule, with a significant time treatment interaction for P. elegans. Spencer, B.E., River Exe, Suction dredge Unknown – Recovery of sediment Pygospio elegans Kaiser, M.J. & England (see study refers to structure and invertebrate abundance was greater in Edwards, D.B. Spencer et al., Manila clam – stable sediment infaunal communities the harvested plot than any 1998. Intertidal 1996; 1997) Tapes and protection occurred 12 months after other four months after clam harvesting: philippinarum from onshore harvesting. Four months harvesting, whilst Nephtys benthic winds by a sand after harvesting, significant hombergii abundance community dune bar. differences between the remained lower. change and harvested plot, previously recovery. net-covered plot and Aquaculture control plot were Research, 29, detectable (67% similarity 429-437. between treatments), although there were indication of recruitment or migration. Eight months after harvesting, similarity between treatments increased to 85%, however significant differences were still apparent between treatment and control plots (excluding previously net- covered plot and the harvested plot).

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Trenches (10 cm deep) left by suction dredging were infilled within 2 to 3 months. Peterson, C.H., Back Sound, ‘Clam kicking’ – Seagrass bed Monitored the impact of - Summerson, North Carolina, mechanical form and sandflat different intensities of clam H.C. & Fegley, USA of clam harvest kicking, as well as clam S.R. 1987. involving the raking, for up to four years. Ecological modification of Clam harvesting had no consequences boat engines to impact on the density or of mechanical direct propeller species composition of harvesting of wash small benthic clams. Fishery downwards to macroinvertebrates, largely Bulletin, 85, 2, suspend bottom made up of polychaetes. 281-298. sediments and The study concluded that clams into a polychaetes recover rapidly plume and from disturbance and as collected in a such the communities are trawl net towed unlikely to be adversely behind the boat. affected by clam harvesting. American hard- shell clam - Mercencaria mercenaria

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Annex 13. Table of recolonization strategies and reproductive seasons of potential key species in the Solent European Marine Site. These species were selected from the potential species list in Annex 15.

Species Recolonization Reproductive Season References Strategy Arenicola marina Above-surface migration Autumn to winter McLusky et al. (1983) http://www.marlin.ac.uk/biotic/browse.php?sp=4 238 Macoma balthica Active migration of Spring and autumn http://www.marlin.ac.uk/species/detail/1465 adults and larval http://www.marlin.ac.uk/biotic/browse.php?sp=4 settlement/recolonizatio 272 n Hydrobia ulvae Active migration March to October http://www.marlin.ac.uk/habitats/detail/206/ceras toderma_edule_and_polychaetes_in_littoral_mu ddy_sand http://www.marlin.ac.uk/biotic/browse.php?sp=4 186 Pygospio Larval recolonization December to May or January to August http://www.marlin.ac.uk/habitats/detail/206/ceras elegans toderma_edule_and_polychaetes_in_littoral_mu ddy_sand http://www.marlin.ac.uk/biotic/browse.php?sp=6 530 Hediste Adult migration and Spring to summer Lewis et al. (2002) diversicolor juvenile recruitment http://www.marlin.ac.uk/biotic/browse.php?sp=4 253 Scrobicularia Larval recolonization May to September Lewis et al. (2002) plana Santos et al. (2011) Nephtys Passive and active Variable; May and September (Tyne Hall and Harding (1997) hombergii migration Estuary), throughout the year peaking in http://www.marlin.ac.uk/biotic/browse.php?sp=4 July and November (Southampton 414 Water), August and September (Århus Bay, Denmark)

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Annex 14. Potential Species List for the Solent European Marine Site (derived from SAC biotopes outlined in the Regulation 33 Conservation Advice Package and prey species of vulnerable (to shellfish dredging) SPA bird species).

SAC Species (Summary of key biotopes for SAC sub-features – Appendix XI): Pontocrates spp. Bathyporeia spp. Lanice conchilega Corophium* Macoma balthica* Arenicola marina* Cerastoderma edule* Hediste diversicolor* (previously Nereis diversicolor) Mya arenaria Pygospio elegans Scrobicularia plana* Streblospio shrubnsolii Aphelochaeta marioni Tubificoides Nephtys hombergii

Prey species of potentially vulnerable (to shellfish dredging) SPA bird species*: Cardium spp Nereis spp Crangon spp. Carcinus spp. Retusa obtusa Corophium volutator Gammarus spp. Tubiflex spp. Nerine spp. Hydrobia ulvae

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Annex 15: Co-location of Historic Trawling (2005-2011, 2012-2015), Historic Clam Dredging (2012-2015) and Oyster Dredging (2012, 2014-2015) Sightings in the three Solent SPAs (Langstone Harbour, Portsmouth Harbour & Solent and Southampton Water).

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Annex 16: TSLE Summary for each feature (and sub-feature)

Bird Black- Dark- Bar-tailed Grey tailed Curlew, bellied Dunlin, Pintail, godwit, plover, godwit, Non- Bbrent Non- Non- Non- Non- Non- breeding goose, Non- breeding breeding breeding breeding Relevant breeding breeding In/Out Attributes

Abrasion/disturbance of the substrate on the surface of the

seabed Out N/A

Changes in suspended solids (water clarity) Out N/A Penetration and/or disturbance of the substratum below

the surface of the seabed, including abrasion Out N/A

Removal of non-target species Out N/A

Removal of target species Out N/A

Smothering and siltation rate changes (Light) Out N/A Disturbance

Visual disturbance S S S S S S S caused by human In activity Disturbance caused by Above water noise S S S S S S S human OutIn activityN/A Collision ABOVE water with static or moving objects not

naturally found in the marine environment (e.g., boats, S S NS S S S NS

machinery, and structures) Out N/A Collision BELOW water with static or moving objects not

naturally found in the marine environment Out N/A

Deoxygenation Out N/A

Hydrocarbon & PAH contamination IE IE IE IE IE IE IE Out N/A

Introduction of light S S S S S S S Out N/A

Introduction of microbial pathogens S S S S S S S Out N/A Introduction or spread of invasive non-indigenous species

NS S NS IE S S S (INIS) Out N/A

Litter IE IE IE IE IE IE IE Out N/A

Nutrient enrichment Out N/A

Organic enrichment Out N/A

Physical change (to another seabed type) Out N/A

Physical change (to another sediment type) Out N/A

Synthetic compound contamination (incl. pesticides,

IE IE IE IE IE IE

antifoulants, pharmaceuticals) Out N/A Transition elements & organo-metal (e.g. TBT)

S NS S S S S contamination Out N/A

Underwater noise changes IE IE Out N/A

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Ringed Red-breasted Redshank Sanderlin Shelduck, Shoveler, Turnstone, Wigeon, plover, Teal, Non- merganser, Non- , Non- g, Non- Non- Non- Non- Non- Non- breeding breeding breeding breeding breeding breeding breeding breeding breeding Relevant In/Out Attributes Abrasion/disturbance of the substrate on the surface

of the seabed Out N/A

Changes in suspended solids (water clarity) S NS Out N/A Penetration and/or disturbance of the substratum

below the surface of the seabed, including abrasion Out N/A

Removal of non-target species Out N/A

Removal of target species Out N/A

Smothering and siltation rate changes (Light) Out N/A Disturbance caused by Visual disturbance S S S S S NS S S S human In activity Disturbance Caused by Above water noise S S S S S S S S S human In activity Collision ABOVE water with static or moving objects

not naturally found in the marine environment (e.g., S S S S S S S S S

boats, machinery, and structures) Out N/A Collision BELOW water with static or moving objects

S NS not naturally found in the marine environment Out N/A

Deoxygenation Out N/A

Hydrocarbon & PAH contamination IE IE IE IE IE IE IE IE IE Out N/A

Introduction of light S S S S S IE S S S Out N/A

Introduction of microbial pathogens S S S S S S S S S Out N/A Introduction or spread of invasive non-indigenous

NS S NS NS S NS S NS IE species (INIS) Out N/A

Litter S IE IE IE IE S IE IE IE Out N/A

Nutrient enrichment Out N/A

Organic enrichment Out N/A

Physical change (to another seabed type) Out N/A

Physical change (to another sediment type) Out N/A Synthetic compound contamination (incl. pesticides,

IE IE IE IE IE IE IE IE IE antifoulants, pharmaceuticals) Out N/A Transition elements & organo-metal (e.g. TBT)

IE S S S S IE S S S contamination Out N/A

Underwater noise changes S IE IE IE IE Out N/A

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Intertidal Subtidal Intertidal Intertidal Intertidal Intertidal Subtidal Subtidal Intertidal sand and Subtidal Subtidal Water seagrass coarse mixed coarse mixed mud muddy mud sand column beds sediment sediments sediment sediments sand In/Out Relevant Attributes

In (see full TSLE for Abrasion/disturbance of the substrate on the specific Maintain the structure, function and availability of the S NS S S S S S S S

surface of the seabed habitat following habitats which support the assemblage screenings) feature for all stages (moulting, roosting, loafing, - Intertidal feeding) of the non-breeding period.

Changes in suspended solids (water clarity) S NS S S S S S S S S Out N/A In (see full TSLE for Penetration and/or disturbance of the substratum specific Maintain the structure, function and availability of the S NS S S S S S S S

below the surface of the seabed, including abrasion habitat following habitats which support the assemblage screenings)- feature for all stages (moulting, roosting, loafing, Intertidal feeding) of the non-breeding period. In (see full TSLE for specific Removal of non-target species S S S S S S S S S habitat screenings)- Maintain the distribution, abundance and availability Intertidal of key food and prey items. OutIn - (see full TSLE for

Removal of target species S NA NA NA NA NA NA NA specific habitat Maintain the distribution, abundance and availability screenings) of key food and prey items.N/A

Smothering and siltation rate changes (Light) S NS S S S IE S S S Out N/A

Visual disturbance NS NS NS NS S Out N/A

Above water noise Out N/A Collision ABOVE water with static or moving objects not naturally found in the marine environment (e.g.,

boats, machinery, and structures) Out N/A Collision BELOW water with static or moving objects

not naturally found in the marine environment Out N/A

Deoxygenation NS NS S NS S S S S S S Out N/A

Hydrocarbon & PAH contamination NS NS NS NS NS NS NS NS NS S Out N/A

Introduction of light S IE NS S IE IE NS S S Out N/A

Introduction of microbial pathogens S S S S IE S S S NS Out N/A Introduction or spread of invasive non-indigenous

S S S S IE S S S S species (INIS) Out N/A

Litter NA NA NA NA NA NA NA NA NA S Out N/A

Nutrient enrichment S NS NS NS NS NS NS NS NS S Out N/A

Organic enrichment S NS NS NS NS S S S S S Out N/A

Physical change (to another seabed type) Out N/A

Physical change (to another sediment type) S S S S S S S S S Out N/A

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Synthetic compound contamination (incl. pesticides,

NS NS NS NS NS NS NS NS NS S antifoulants, pharmaceuticals) Out N/A Transition elements & organo-metal (e.g. TBT)

NS NS NS NS NS NS NS NS NS S contamination Out N/A

Underwater noise changes NS NS NS S Out N/A

Salicornia Freshwater and other Atlantic Subtidal Intertidal Coastal Coastal and coastal annuals Spartina Infralittoral Circalittoral salt seagrass rock lagoons reedbeds grazing colonising swards rock rock meadows beds marsh mud and sand In/Out Relevant Attributes Abrasion/disturbance of the substrate on the

S S S S S surface of the seabed Out N/A

Changes in suspended solids (water clarity) S S S S S Out N/A Penetration and/or disturbance of the substratum

below the surface of the seabed, including S S S S S

abrasion Out N/A

Removal of non-target species S S NS S IE S S S Out N/A

Removal of target species NA NA S Out N/A

Smothering and siltation rate changes (Light) S S S S S Out N/A

Visual disturbance NS NS NS Out N/A

Above water noise Out N/A Collision ABOVE water with static or moving objects not naturally found in the marine

environment (e.g., boats, machinery, and

structures) Out N/A Collision BELOW water with static or moving objects not naturally found in the marine

environment Out N/A

Deoxygenation S S NS NS NS S S NS Out N/A

Hydrocarbon & PAH contamination NS NS NS NS NS NS NS NS Out N/A

Introduction of light S S S IE S Out N/A

Introduction of microbial pathogens S IE S S S S S S Out N/A Introduction or spread of invasive non-indigenous

S S S S S species (INIS) Out N/A

Litter NA NA S S S NA NA NA Out N/A

Nutrient enrichment IE NS NS NS NS S NS S Out N/A

Organic enrichment S S NS NS NS S S S Out N/A

Physical change (to another seabed type) S S S Out N/A

Physical change (to another sediment type) S S S S Out N/A Synthetic compound contamination (incl.

NS NS NS NS NS NS NS NS pesticides, antifoulants, pharmaceuticals) Out N/A Transition elements & organo-metal (e.g. TBT)

NS NS NS NS NS NS NS NS contamination Out N/A

Underwater noise changes IE NS Out N/A

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Advice on Operations Sensitivity Key

SENSITIVITY CATEGORY DESCRIPTION INTERACTION TYPE

DIRECT1 INDIRECT2 SENSITIVE: The evidence base suggests the feature is sensitive to the pressure at the benchmark. This activity-pressure-feature combination should therefore be taken to further assessment. S S*

INSUFFICIENT EVIDENCE TO ASSESS: The evidence base is not considered to be developed enough for assessments to be made of sensitivity at the pressure benchmark. This activity-pressure-feature combination should therefore be taken to further assessment. The best available evidence, relevant to the activity in question, at the time of application, should be sourced and considered in any further assessment. IE IE*

NOT ASSESSED: A sensitivity assessment has not been made for this feature to this pressure. However, this activity-pressure-feature combination should not be precluded from consideration. The best available evidence, relevant to the activity in question, at the time of application, should be sourced and considered in any further assessment. NA NA*

NOT SENSITIVE AT THE BENCHMARK: The evidence base suggests the feature is not sensitive to the pressure at the benchmark. However, this activity-pressure-feature combination should not be precluded from consideration (e.g. thought needs to be given to activity specific variations in pressure intensity and exposure, in-combination and indirect effects). The best available evidence, relevant to the activity in question, at the time of application, should be sourced and considered in any further assessment. NS NS*

NOT RELEVANT: The evidence base suggests that there is no interaction of concern between the pressure and the feature OR the activity and the feature could not interact

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MANAGED: Gear-feature interaction is already managed.

1 An activity which exerts pressures that interact with a feature within the spatial and/or temporal footprint of the operation 2An activity which exerts pressures that interact with a feature not associated with the immediate spatial and/or temporal footprint of the operation

Risk Profile of Pressures Key

RISK CATEGORY RECOMMENDATION High to Medium Risk Pressure is commonly induced by activity at a level that needs to be considered further as part of an assessment Low Risk Unless there are evidence based case or site-specific factors that increase the risk, or uncertainty on the level of pressure on a receptor, this pressure generally does not occur at a level of concern and should not require consideration as part of an assessment.

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