Contents Table 1. Aims of this Management Scheme 2 2. The Importance of the Southern Waters of Gibraltar a. Environment 2 b. Recreation 3 3. Protection of the Southern Waters of Gibraltar a. The Habitats and Birds Directive 3 b. Marine Protection 3 c. Relevant Authorities 3 d. Consultation with Stakeholders 4 4. Conservation Objectives for the Site 4 Maintaining favourable conservation status 4 5. Plans & Projects 5 6. Summary of issues affecting the European Marine Site & their Management 6 a. Water Quality 7 b. Land Based Recreation 13 c. Fishing Activities 15 d. Water Based Recreation 19 e. Ports & Shipping Activities 20 7. Compliance Monitoring Plan 26 Appendix 1. Extent and location of the Southern Waters of Gibraltar SAC/SPA 27 Appendix 2. Monitoring Programme 28 Appendix 3. List of Relevant Authorities and their jurisdiction 33 Appendix 4. No anchoring zones in British Gibraltar Territorial Waters 34 Appendix 5. Marine Conservation Zones (MCZs) 35 Appendix 6. Reefs 36 Appendix 7. Submerged or partially submerged sea caves 37 Appendix 8. Glossary 38 1 1. Aims of this Management Scheme This Management Scheme has been drawn up as a framework to enable the Relevant Authorities to carry out their responsibilities and functions in line with the requirements of the Nature Protection Act 1991, the Marine Strategy Regulations 2011 and the Marine Protection Regulations 2012. These legislative provisions aim to protect both the habitats and species for which the Southern Waters of Gibraltar European Marine Site was designated, but extend to the whole of British Gibraltar Territorial Waters. The Management Scheme is concerned with promoting the sustainable use of a living, working environment. It does not aim to stop people using the Southern Waters of Gibraltar or prevent leisure activities or commercial development in the area. Instead, it brings together all existing management measures in place and provides the mechanism by which these can be delivered so that they do not damage the habitats or species for which the site has been designated. The Management Scheme will not be a static management plan, but an ongoing process that aids decision-making and continually evolves to take account of changing issues and legal obligations. It sets out a regime to monitor the condition of the site’s features and considers options to rectify any deterioration of natural habitats and species and thus maintain favourable conservation status. 2. The Importance of the Southern Waters of Gibraltar (a) Environment The Southern Waters of Gibraltar were approved as a Site of Community Importance (SCI) in July 2006 following Commission Decision 2006/613/EC. A protection regime has been in existence since 1991 through the Nature Protection Act (1991). Following its approval as an SCI, the Government of Gibraltar declared the Southern Waters of Gibraltar as a dual Special Area of Conservation (SAC) and Special Protected Area (SPA) through the following legislative instruments: Designation of Special Area of Conservation (Southern Waters of Gibraltar) Order 2012 Designation of Special Protected Areas Order 2011 Extending three miles to the East and South of Gibraltar and stretching all the way up to the median line to the West of Gibraltar, the marine SAC/SPA has long been recognized as an important marine area due to its rich diversity in species and habitats (see Appendix 1). Sea cliffs and caves, reefs and sandy marine habitats all form part of the marine ecosystem found along the southern shores of Gibraltar. The abundance and richness of species is largely influenced by the strong currents and upwellings that are so characteristic of the Straits of Gibraltar. Seasonal abundance, due to migratory movements between the Mediterranean and the Atlantic, results in a multitude of pelagic and predatory fish along with cetaceans including the Striped and Common Dolphins. The latter cetaceans breed in the Bay of Gibraltar. The marine SAC/SPA is also located on an important migration route for seabirds. Many species stop over and feed within the marine SAC/SPA during their migratory journeys and some, such as the Cory’s Shearwater, forage in the marine SAC/SPA whilst breeding. Other species rely on the SAC/SPA during the winter in variable numbers depending on weather conditions (e.g. numbers of Gannets feeding inshore during storms). 2 (b) Recreation There are two main beaches within the marine SAC/SPA namely Camp Bay and Little Bay. These beaches are monitored in line with the requirements of the Bathing Waters Directive (2006/7/EC). Sport and recreational angling along with scuba diving take place within the marine SAC/SPA. In addition, the waters within the marine SAC/SPA are also important fishing grounds. Fishing methods that involve the use of nets, raking of the seabed or artificial lights are subsequently prohibited. Commercial fishing activities within the Southern Waters of Gibraltar SAC/SPA are regulated through the Marine Protection Regulations 2012 which build on the legislative provisions of the Nature Protection Act 1991. 3. Protection of the Southern Waters of Gibraltar (a) The Habitats and Birds Directives The Birds Directive (Council Directive 79/409/EEC) was introduced to protect all naturally occurring wild birds and their habitats in the European Union. The Nature Protection Act 1991 gives effect to these Directives transposing all the obligations required therein. To help achieve these aims both the Southern Waters of Gibraltar together with the Rock of Gibraltar were designated as a dual SAC/SPA. Further details of the surveillance monitoring programmes currently in operation can be found in Appendix 2. (b) Marine Protection The Marine Protection Regulations 2012 build on the provisions of the Nature Protection Act 1991 and provides additional legislative requirements in relation to activities such as recreational and commercial fishing, scuba diving and other water sports within the entirety of British Gibraltar Territorial Waters. The requirements of both the Water Framework and Marine Strategy Framework Directives are also implemented throughout the entirety of British Gibraltar Territorial Waters. These Directives are transposed locally through the Public Health (Water Framework) Rules 2004 and the Marine Strategy Regulations 2011. (c) Relevant Authorities A competent authority includes any statutory body or public office exercising legislative powers, whether on land or sea. Relevant authorities are those competent authorities which have powers or functions within or adjacent to a European Marine Site. The Relevant Authorities have full control over the contents of the Management Scheme. For the Southern Waters of Gibraltar, the Relevant Authorities are: • Department of the Environment • The Environmental Agency • Gibraltar Port Authority • Ministry of Defence • Royal Gibraltar Police Nature Conservancy Council 3 Gibraltar Defence Police For more information about the roles and jurisdiction of each of these Relevant Authorities, please refer to Appendix 3. All Relevant Authorities are required to discharge their functions so as to secure compliance with the requirements of the relevant local legislation. All the Relevant Authorities that have participated in the development of this Management Scheme recognise and understand that they can do no more than act within their existing powers. As a result, it will be up to each organisation to take responsibility for those areas over which they have statutory duties and powers. (d) Consultation with stakeholders The views of non-governmental organizations and local experts were considered during the preparation of the management scheme. 4. Conservation Objectives for the Site The conservation objective of the Southern Waters of Gibraltar is that of ensuring that the status of European features are maintained or achieve favourable conservation status allowing for natural change. To this end, a monitoring programme is being implemented and scientific research conducted. Maintaining favourable conservation status The maintenance or restoration of ‘favourable conservation status’ (FCS) is the overall objective for all natural habitats and species of wild fauna and flora listed in the Annexes of the Habitats Directive. FCS for species is defined in Article 1 (i) of the Habitats Directive as follows; “Conservation status of a species means the sum of the influences acting on the species concerned that may affect the long-term distribution and abundance of its populations within the territory referred to in Article 2. The conservation status will be taken as 'favourable' when: - Population dynamics data on the species concerned indicate that it is maintaining itself on a long- term basis as a viable component of its natural habitats, and - The natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and - There is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis. This definition contains the main parameters (population dynamics, range, sufficient habitat, prospects of long-term viability) for defining and assessing both the current and target conservation status. It is important to note that the assessment of conservation status not only includes an element of ‘diagnosis’ based on current conditions, but also an important element of ‘prognosis’ based on influences. Such foreseeable future influences could be specific or general threats, positive or negative, medium-