AGENDA AGENDA ITEM ITEM 9 /WEST COUNCIL 9

NAME OF COMMITTEE Economy & Environment Scrutiny Panel

DATE 7 March 2013

REPORT TITLE Marine Conservation Designations and Legislation Report of Natural Environment & Recreation Manager & AONB Estuaries Officer WARDS AFFECTED All wards adjoining tidal waters

Summary of report: Significant changes are taking place to marine conservation and legislation. This report indicates how these changes affect the Council.

Financial implications: There are no immediate additional financial implications to report.

RECOMMENDATIONS: It is recommended that the Panel: a. Notes the current changes in marine conservation and how these impact on the Council’s work. b. Requests the Natural Environment and Recreation Manager to respond to the current consultation on a proposed new Marine Conservation Zone, along the lines indicated in the report below, in consultation with the Executive Member for Assets and the chair of the Economy and Environment Scrutiny Panel. c. Requests officers to continue to monitor changes in marine conservation designations and report any significant issues to a future meeting of this Panel.

Officer contact: Ross Kennerley, Natural Environment and Recreation Manager 01803 861379

1. BACKGROUND

1.1 The seas of the South Hams are hugely important for their rich and varied wildlife. Colourful corals and sponge gardens, sea fans, jewel anemones, seagrass, basking sharks, sea horses, Atlantic seals and rare fan mussels – these are all found around our shores and many occur in our estuaries too. Over 8,000 species are found within these waters including many of national and European importance.

1.2 Our clean and productive marine environment is also important to us for commercial and recreational fishing, for commercial and recreational boating, for sport, swimming, tourism and much more.

1.3 Some of our estuary and inshore sea areas have been protected for years, such as the and Estuary Site of Special Scientific Interest (designated in 1987) and the Yealm/Tamar/Plymouth Sound Special Area of Conservation (designated in 2005). Here, wildlife protection has gone hand-in- hand with boating, fishing, and other activities.

1.4 Recently there has been a rapid development of policy and legislation affecting the marine environment, following the Marine and Coastal Access Act 2009. This affects the South Hams coast including all tidal waters and estuaries.

1.5 The government’s aim - set out in the UK Marine Policy Statement - is to ensure ‘clean, healthy, safe, productive and biologically diverse oceans and seas.’ The recent programme of changes includes: • Designating new Marine Conservation Zones; • Publishing new statutory Marine Plans; • Forming the new Marine Management Organisation (MMO) and Inshore Fishing and Conservation Authorities; • Introducing a new system for licensing marine activities such as dredging and shoreline developments.

2. PROPOSED NEW MARINE CONSERVATION ZONES

2.1 Compared to wildlife on land, the wildlife of the UK’s seas is poorly protected, poorly understood and under-appreciated. It is also under pressure and some sea areas are being damaged by unsustainable human activity.

2.2 The government is therefore designating a number of additional protected marine areas to create a coherent network of our best marine and coastal habitats. The programme includes: • Extending the existing marine Special Areas of Conservation. • Designating new Marine Conservation Zones.

The existing and proposed protected marine areas are listed in Appendix 1.

2.3 An initial 31 new Marine Conservation Zones are being considered by government for designation on advice from a scientific panel and a regional steering group. A consultation period is currently open on these. One of the 31 is the Skerries Bank and Surrounds covering a 250 sq km sea area from the mouth of the Salcombe Estuary around Prawle Point and Start Point to Torcross.

2.4 Defra is commissioning high quality surveys of a further 96 areas to determine whether they might be brought forward for designation at a later date. These 96 include parts of the Dart, Erme and Avon estuaries.

2.5 The designation of new Marine Conservation Zones does not mean that human activity will be prohibited. Controls or conservation measures may be required to prevent damage to the special features of the site, but provided that an activity is not damaging the specific feature for which an area is designated, then the expectation is that it would continue as before. However at this stage we do not know what the controls will be or how they will be enforced: once designated the controls could increase considerably.

2.6 The areas being put forward for designation are generally those which are already in good condition and least subject to damage. The designation of Marine Conservation Zones is not about managing fisheries and fish stocks: that is generally being undertaken through established mechanisms operated by the Inshore Fishing and Conservation Authorities. Indeed, the most heavily fished areas of sea and seabed were identified and removed from discussion early in the process of identifying potential Marine Conservation Zones.

3. NEW STATUTORY MARINE PLANS

3.1 The Marine Management Organisation is tasked with producing a series of Marine Plans. These will provide a framework for developing offshore renewable energy, commercial aggregates dredging, oil and gas exploration, and so on.

3.2 Work has just started on a new Marine Plan covering the coast from the mouth of the River Dart round to Folkestone (called the South of England Inshore & Offshore Plan Areas). The Plan will take two to three years to complete, and is very much in the early data-gathering stage. Local Authorities are expected to play a strong role in their development. There will be a round of engagement and consultations later.

3.3 The production of the next Plan, covering the remainder of the South west peninsula, will follow even later.

4. IMPLICATIONS FOR SOUTH HAMS DISTRICT COUNCIL

4.1 The Council already has a long and successful track record of partnership working for the benefit of the marine environment: • Management arrangements and byelaws for the Salcombe-Kingsbridge estuary; • Salcombe Harbour Authority and successful management of the SSSI since 1987; • Participation and support to estuary management groups for the Salcombe, Yealm, Tamar and Avon estuaries; • Participation in estuary management plans for the Dart, Salcombe, Avon, Erme, Yealm and Tamar estuaries; • Financial support for the AONB Estuaries Project Officer with six other partner organisations, undertaking a broad range of strategic, policy, practical and educational work; • Financial support for the Tamar Estuaries Consultative Forum; • Management and financial support for the Wembury Marine Centre. • Partnership and support to the Integrated Coastal Zone Management Plan and works undertaken on flood and coastal defence

In all of these, the Council is able to fulfil its responsibilities towards the marine environment by working in partnership with other agencies and sharing the costs of doing so.

4.2 The Council is already under a statutory duty of care for the existing designated marine areas – Sites of Special Scientific Interest and Special Areas of Conservation. The Council will have a similar duty of care for furthering the conservation and management of any new designated Marine Conservation Zones. It is not currently clear what, if any, additional controls or responsibilities may be imposed following the designation of Marine Conservation Zones, and whether there will be any financial implications. For example, it is not currently known whether any new management structures or plans will be required for newly designated areas. Advice and direction on this will follow later from Natural England and government. In reality, much of this duty is expected to be cost- effectively dealt with by the Council’s continued involvement in the AONB Estuaries Partnership and the community-based estuary conservation forums.

4.3 There will be a requirement for the Council to engage with the new Statutory Marine Plan process, to ensure that the Council’s objectives are met and to ensure a clear read-across between the Marine Plan and the Council’s Local Plan. (As an illustration: if a Marine Plan was to propose off-shore renewable energy generation, there may be implications for new on-shore power transmission infrastructure to connect to the grid).

4.4 The Council will need to pay close attention to how its plans and activities impact on the marine and estuary environment. Government’s expectations of local planning authorities are set out in the National Planning Policy Framework and are far-reaching:

“In coastal areas, local planning authorities should take account of the UK Marine Policy Statement and marine plans and apply Integrated Coastal Zone Management across local authority and land/sea boundaries, ensuring integration of the terrestrial and marine planning regimes”. (Para 105.)

With the new Marine Plans and growing responsibilities for the suite of protected marine areas, further examination of the implications of ‘upstream’ developments would be required in the Local Plan process. This would include examining the wider implications of building developments and their runoff and wastes; and the impacts on habitats of increasing recreation pressures from rising populations.

4.5 It is also expected that future foreshore developments will require greater attention to minimise environmental damage, such as creating compensatory habitats of similar type and environmental potential. The publication of guidance for developers and planning applicants would be very useful in this respect.

4.6 While the marine conservation programme brings responsibilities and constraints, it also provides opportunities. The benefits to tourism and local community pride of having much of our coast designated as protected marine areas appear to have been largely overlooked and the value of conserving the environmental services that support the wider community’s health and future appears to have been understated.

4.7 There is also an opportunity to raise wider community awareness of the marine environment and its value. Promoting greater understanding of Marine Conservation Zones and appreciation of their riches and value could be seen as a very cost effective investment in their future management, conservation and sustainability.

4.8 It is proposed that the Council responds to the current consultation on the proposed new Marine Conservation Zone, welcoming the recognition and protection of our important marine wildlife and habitats, but also advocating that where there are human activities taking place in a sustainable manner without harm to the designation features, that they should be permitted to continue.

5. FINANCIAL IMPLICATIONS

5.1 It is not currently clear what if any additional financial implications will arise from the programme of marine environmental management, and a further report may be required if this appears to be an issue later.

5.2 The principal way of meeting the Council’s duties towards the marine environment appears to be to continue its existing engagement in, and support for, the estuary and marine conservation partnerships. The level of activity may need to adapt as the implications from the legislative and planning changes become clear.

5.3 However there will be a need for a review of resources in taking forward strategic plans and developments, to ensure that the duties towards the marine environment are met. Much of the current work lies with Nigel Mortimer, The Estuaries Officer hosted in the South Devon AONB Unit.

6. LEGAL IMPLICATIONS

6.1 The statutory powers and duties are suitably addressed in the body of the report.

7. RISK MANAGEMENT

The Risk Management implications are shown at the end of this report in the Strategic Risks Template.

8. OTHER CONSIDERATIONS

Corporate priorities Conservation of the marine environment addresses the engaged: Council’s priority for the Built and Natural Environment Statutory powers: The legislation for marine conservation is set out in the Marine and Coastal Access Act 2009 and various supplementary regulations. Considerations of It is understood that an equalities impact assessment equality and human accompanies the government’s work on marine conservation. rights:

Biodiversity Biodiversity conservation is at the core of this initiative. considerations:

Sustainability The marine management programme address a range of considerations: sustainability issues such as climate change, maintaining healthy and productive ecosystems etc. Crime and disorder There are no implications for crime and disorder. implications: Background Conservation Advice for European Marine Sites (see papers: http://publications.naturalengland.org.uk/category/3212324 ) Defra consultation on proposed Marine Conservation Zones (see http://www.defra.gov.uk/environment/marine/protect/mpa/mcz/ ) Management Plans for the Estuaries (see http://www.southdevonaonb.org.uk/coast-countryside/estuaries/ ) National Planning Policy Framework (see https://www.gov.uk/government/uploads/system/uploads/attach ment_data/file/6077/2116950.pdf ) Appendices Appendix One: Listing of current and proposed protected marine attached: areas.

9. CONCLUSION

8.1 If this programme of new and planned designations goes ahead in full, it will mean that all the estuaries and nearly all the coast of the South Hams will be statutorily protected for marine wildlife at national or international level. The implications of this, together with new Marine Plans and new requirements for local planning authorities to embrace integrated coastal zone management, will make much greater demands on the Council’s engagement in the marine environment in future. APPENDIX ONE: LISTING OF CURRENT AND PROPOSED PROTECTED MARINE AREAS OF THE SOUTH HAMS

A map of all present and proposed designated areas may be viewed at http://bit.ly/YjWkGE .

Our present and proposed protected marine areas are:

Sites of Special Scientific Interest (= statutory designation by Government, national importance) • Salcombe & Kingsbridge estuary Site of Special Scientific Interest • Yealm estuary Site of Special Scientific Interest • Plymouth Sound Shores and Cliffs Site of Special Scientific Importance

Special Areas of Conservation (= statutory designation by Government and endorsed by EU, international importance - for further details visit www.bit.ly/XFTH1Q ) • Plymouth Sound and Estuaries Special Area of Conservation (covers the Yealm Estuary and coastline from the Yealm to Plymouth). • Start Point to Plymouth Sound and Eddystone ‘candidate’ Special Areas of Conservation – new designation but awaiting EU confirmation (covers all the coast west of the Avon and between Bolt Tail and Start Point). • Lyme Bay and Torbay ‘candidate’ Special Areas of Conservation – new designation but awaiting EU confirmation (covers all the coast eastwards from Blackpool Sands).

Voluntary Marine Conservation Area (= voluntary designation, by local community) • Wembury Voluntary Marine Conservation Area - supported by SHDC through its support of the Wembury Marine Centre

Marine Local Nature Reserve (= statutory designation, by South Hams District Council, local importance) • Salcombe Harbour & Kingsbridge Estuary Local Nature Reserve – designated, managed and supported by SHDC through Salcombe Harbour Authority

Marine Conservation Zones (= statutory designation, by government, national importance) • Skerries Bank and Surrounds ‘proposed’ Marine Conservation Zone - designation likely in 2013 and presently seeking further evidence via current public consultation • Erme Estuary ‘recommended’ Marine Conservation Zone – for possible inclusion in future, subject to securing further evidence. • Avon Estuary ‘recommended’ Marine Conservation Zone – for possible inclusion in future, subject to securing further evidence. • Dart estuary ‘recommended’ Marine Conservation Zone – for possible inclusion in future, subject to securing further evidence.

STRATEGIC RISKS TEMPLATE

Inherent risk status No Risk Title Risk/Opportunity Impact of Chance Risk Mitigating & Management actions Ownership Description negative of score and outcome negative direction outcome of travel 1 Breach of Breach of duty to further 3 3 9 ˆ The Council will need to ensure that Natural statutory duty the conservation of adequate staff resources are available Environment marine protected areas; to manage this field of work. and causing of damage to recreation marine protected areas; Manager.

Head of Assets 2 Failure of Failure of due process to 3 2 6 ˆ ditto ditto process consider environmental impacts of Council plans and projects on the marine environment; failure to obtain suitable licences for activities 3 Failure to Missing opportunities to 3 3 9 ˆ ditto ditto engage provide input to shape Marine Plans and Marine Protected Areas for environmental, social and economic benefit Breach of Failure to comply with 3 2 9 ˆ ditto ditto 4 National para 105 of the NPPF Planning Policy Framework requirements