Fisheries Management Measures within Scottish Offshore Marine Protected Areas (MPAs) - Strategic Environmental Assessment Environmental Report

Non-Technical Summary

Introduction

The Scottish Government has made a long-term commitment to ensuring the sustainable management of the marine environment by balancing the competing interests of use and protection of the sea. This reflects their vision for the marine environment of “clean, healthy, safe, productive and diverse seas; managed to meet the long term needs of nature and people”^[1]. The commitment includes the designation and management of new nature conservation sites, including nature conservation Marine Protected Areas (MPA) and Special Areas of Conservation (SAC) (hereafter these MPAs and SACs will be referred to as MPAs when they are being considered collectively).

Management measures are required to manage levels of human activity that are not already regulated through the marine licensing system, such as fishing within MPAs, to ensure that the conservation objectives of these sites can be achieved. Fisheries management measures have been developed by Scottish Government, as a directorate of the Scottish Government, and the Joint Nature Conservation Committee (JNCC) for 13 MPAs and eight SACs in offshore waters (grouped into 21 sites) (Figure NTS1). The Scottish Government is now consulting on these proposed fisheries management measures.

What is the Strategic Environmental Assessment?

The SEA has been undertaken in line with The Environmental Assessment of Plans and Programmes Regulations 2004 (“the 2004 Regulations”) which require that certain public plans, programmes and strategies be assessed for their potential effects on the environment^[2] and includes consultation with the public and the Consultation Authorities ^[3].

SEAs identify the likely significant environmental effects of plans and policies, as well as the effects arising from proposed reasonable alternatives to them. An SEA also identifies mitigation measures that may be required to avoid or minimise any significant adverse effects and highlights opportunities for enhancements of beneficial effects. Taking place at an early stage in the plan or policy preparation process, it ensures that decision-making is informed by relevant environmental information. SEA provides opportunities for the public to consider this information and use it to inform their views on the draft plan or policy.

A screening and scoping exercise of the proposed fisheries management measures options for offshore MPAs was undertaken by Scottish Government, in line with the requirements of the 2004 Regulations. Consultation Authorities confirmed the need for an SEA due to the potential for significant environmental effects to occur as a result of the proposed management measures. They also provided comment on the proposed scope and method(s) of the assessment and consultation period for the Environmental Report. Their views are taken into account in this report which summarises the findings of the SEA of the management measures proposed for the offshore MPAs.

What are the proposed management measure options?

Two options are proposed for the fisheries management measures for 21 offshore MPAs are summarised in Table NTS1.

Option 1 proposes measures which have been developed and agreed upon through extensive negotiations with the fishing industry and Environmental Non-Governmental Organisations (eNGOs). These measures provide protection to the designated features at a level which enables conservation objectives to be met whilst allowing use of the site. Under this option restrictions may be zoned or full site. Maps showing measures proposed under Option 1 are included in Appendix B of this report.

The SEA, in line with the 2004 Regulations, has also assessed a reasonable alternative identified during the development of the proposed management measures. Where applicable, the reasonable alternative considered in the assessment is referred to as ‘Option 2’, whereby the protection afforded by the proposed measures under Option 1 is extended across the entire protected area where appropriate. In some cases, management measures proposed under Option 1 already prohibit an activity across the entire site and therefore there is no difference under Option 2.

Proposed measures were initially developed for Turbot Bank NCMPA which would prohibit targeted sandeel fishing across the full area. However, in 2023, the Scottish Government consulted on a closure to all fishing for sandeel in all Scottish waters. As a result of this consultation The Sandeel (Prohibition Of Fishing) (Scotland) Order 2024 came into force on 26 March 2024 ahead of the 2024 fishery season and applies to all vessels (UK and EU) fishing within Scottish waters. The site will still feature within this assessment and the wider package of consultation documents which were prepared before the sandeel fisheries closure (making up the 21 sites). Removing the site from the documents is not considered practical at this stage. This is because in addition to site specific assessments, overall assessments have been undertaken for the impacts of implementing measures as a full package.

*To note measures are no longer proposed for Turbot Bank following the closure to targeted sandeel fishing in Scottish waters. Further details are provided

How was the Strategic Environmental Assessment undertaken?

The SEA provides a high-level assessment of the potential environmental effects that are likely to result from the implementation of the proposed management measures under both options at each site and consideration of a series of key statements (‘SEA objectives’). These SEA objectives reflect the scope of the assessment as well the environmental protection objectives from relevant legislation.

Information about the existing marine environment from publicly available national data sources has been used to inform the assessment. The assessment has identified the individual and collective or ‘cumulative’ beneficial and adverse effects of the proposals on a number of SEA topics, specifically marine biodiversity, flora and fauna; soil; water; and climatic factors. In order to recognise the interlinkages of these SEA topics, these have been collectively given consideration under the overarching topic ‘biodiversity’.

Social and economic effects, including those on other users of the marine environment, have been assessed by the Socio-economic Impact Assessment (SEIA) which is reported separately. The Sustainability Appraisal, which is also reported separately, considers the potential environmental, economic and social effects of implementing the proposed management measures, drawing on information contained in the SEA and SEIA.

What is the current state of the environment?

Scotland’s marine environment supports a diverse complex of different habitats, which in turn support a wide range of marine plants and animals.

Scotland’s marine biodiversity is protected by a range of retained European, UK and Scottish-level designations. The offshore marine habitats present within the study area can be generally characterised as mud, sand and coarse sediment, with small areas of rock in the North Sea, to the west of the Hebrides and in the north of Scotland. The seabed in the far west and north of Scotland is mainly characterised by mud and fine clay, with coarser sediments in shallower water and on banks and seamounts, and small areas of rock and hard substrate. There are limited data on the condition of offshore and deep-sea habitats in Scottish seas, and as such it is not possible to assess trends against relevant habitat and species group indicators. Existing and future pressures on marine biodiversity, flora and fauna are mainly from commercial fishing; climate change; marine litter; oil and gas exploration and extraction; offshore renewables and survey activities.

Scotland has a wide range of geological (rocks, minerals and fossils), geomorphological (landforms and processes) and soil features that make up the marine landscape. Key protected features include those formed during the quaternary record of Scotland or submarine mass movement; and those associated with the marine geomorphology of the Scottish deep ocean seabed; Cenozoic structures of the Atlantic margin; marine geomorphology of the Scottish shelf seabed; or seabed fluid and gas seep. The condition of these features influence the quality of habitats and in turn the viability and health of both flora and fauna populations.

The current status of the marine environment in the deep-sea is uncertain, although historic declines in a number of fish populations in the deep-sea have been observed^[4]. These declines have, to some degree, been slowed or stopped with some, albeit very slow, recovery in fish populations observed^[5] in part due to the implementation of EU Deep Sea Fisheries Regulation 2016/2336^[6] preventing some deep-sea bottom trawling and fishing activities.

Water quality in the offshore regions is assessed against several different factors (descriptors) under the UK Marine Strategy Regulations. This includes assessment of the impact of a number of pressures from human activities, including oil and gas, chemical pollution and fishing.

Within offshore waters, deep-sea sediments provide the largest store of carbon. The rate of storage in these deep-sea sediments is lower than in inshore waters, as sedimentation rates are reduced in the deep-sea. However, due to the stability of these sediments, the storage is considered to be long- term or more permanent. Within Scottish seas, multiple habitats are present that can be termed ‘Blue Carbon Sinks’ due to their ability to convert carbon dioxide to solid carbon in living material and incorporate this carbon into biomass. These include biogenic reefs. Their effectiveness as carbon sinks is highly dependent upon their long-term capacity to store carbon. Climate change has the potential to affect the carbon regulating capacity of marine habitats.

What are the likely significant environmental effects of the proposed management measures?

This SEA has undertaken a high-level assessment of the proposed offshore MPA management measures. The key potential environmental effects from the implementation of the proposals and were assessed are as follows:

• potential benefits to habitats and species within the offshore MPAs;
• potential spill-over benefits beyond site boundaries;
• potential adverse effects resulting from the displacement of fishing such as the intensification of activities in areas where they already occur or activity occurring in currently unfished areas; and
• potential adverse effects of increased fishing effort from other gear types that might not be targeted by the proposed fisheries management measures.

Environmental Effects Under Option 1

All of the proposed management measures under Option 1 are assessed as having environmental benefits within the offshore MPAs apart from at two sites: Darwin Mounds SAC and Anton Dohrn Seamount SAC. In Darwin Mounds there is no known current demersal fishing activity and, therefore, no immediate benefit from proposed measures. In Anton Dohrn Seamount SAC there is currently a low intensity of demersal fishing activity and, therefore, the environmental benefits are considered negligible beneficial. The scale of spill-over benefits are considered to be negligible or minor on the basis of currently available evidence in the scientific literature and also taking account of specific conditions at each site (e.g. current stock level, species present, nursery and spawning areas for those species, level of fishing activity/pressure prior to exclusion/restrictions being implemented).

In terms of adverse effects, the effects from displacement of fishing activities on the biodiversity of the areas where the activity is displaced to as a result of the proposed measures under Option 1 are assessed as generally being minor apart from two sites which are assessed as moderate (Central Fladen MPA and Solan Bank Reef SAC). Where such fishing effort is most likely being displaced to areas already subject to fishing pressure, the impact of additional fishing pressure in these areas may not be considered significant as they are likely to already have a community composition which reflects this fishing pressure. Where the fishing activity is displaced a long distance and is more likely to result in new grounds opening up, there is considered to be a greater potential for significant adverse effects, such as has been assessed for Central Fladen MPA and Solan Bank Reef SAC.

The adverse effects associated with an increase in fishing effort within the sites from other gear types that are not targeted are not significant and generally negligible or minor in scale, apart from at one site where the effects are assessed as moderate (Solan Bank Reef SAC). Where fishing activity is most likely to be displaced locally and there is no or only a low level of activity associated with other non-targeted gear types within or near to the site, the likely impact is considered to be negligible. Where fishing activity is likely to be displaced locally but there is a moderate to high level of activity from non-targeted gear types within or near to site, or where the fishing activity cannot be displaced locally but there is only a low level of non-targeted fishing activity, the impacts are considered minor in scale. Where fishing activity cannot be displaced locally and there is a moderate to high level of non-targeted gear type within or near to the site, the impacts are considered moderate.

Overall, the potential adverse effects from displacement or increased fishing effort from other gear types are not considered significant and are unlikely to lead to transboundary effects on EU Member States.

When taking account of the balance of beneficial and adverse environmental effects, the overall (cumulative) effects of the proposed measures of Option 1 are assessed as:

• None (1 site): Darwin Mounds SAC;
• Negligible neutral (3 sites): Turbot Bank MPA, Anton Dohrn Seamount SAC and Solan Bank Reef SAC;
• Minor beneficial (10 sites): Braemar Pockmarks SAC, East of Gannet and Montrose Field MPA, Northeast Faroe-Shetland Channel MPA, Norwegian Boundary Sediment Plain MPA, Scanner Pockmark SAC, Geikie Slide and Hebridean Slope MPA, Stanton Banks SAC, West of Scotland MPA, West Shetland Shelf MPA and Wyville-Thomson Ridge SAC;
• Moderate beneficial (5 sites): Central Fladen MPA, Faroe-Shetland Sponge Belt MPA, Pobie Bank Reef SAC, East Rockall Bank SAC and Northwest Rockall Bank SAC; and
• Major beneficial (2 sites): Firth of Forth Banks Complex MPA and Barra Fan and Hebrides Terrace Seamount MPA.

Further details on these findings can be found in a series of tables in Appendix C of this report.

Environmental Effects under Option 2

As with Option 1, all of the proposed management measures under Option 2 are assessed as having environmental benefits within the offshore MPAs apart from at two sites: Darwin Mounds SAC where there is no known current demersal fishing activity and, therefore, no immediate benefit; and Anton Dohrn Seamount SAC where there is currently a low intensity of demersal fishing activity and therefore, the environmental benefits are considered negligible beneficial.

The scale of spill-over benefits are considered to be negligible or minor on the basis of currently available evidence in the scientific literature and also taking account of specific conditions at each site (e.g. current stock level, species present, nursery and spawning areas for those species, level of fishing activity/pressure prior to exclusion/restrictions being implemented). It is also recognised that the increased protection brought about by the measures under Option 1 will provide potential future benefits to habitats and species within the proposed management areas as they will restrict any new fisheries using the targeted gear type from actively fishing within these areas.

In terms of adverse effects, the effects from displacement of fishing activities as a result of the proposed measures under Option 2 on the biodiversity of the areas where the activity is displaced to are assessed as generally being minor apart from the proposed measures for two sites which are assessed as moderate (Central Fladen MPA and Solan Bank Reef SAC). Where such fishing effort is most likely being displaced to areas already subject to fishing pressure, the impact of additional fishing pressure in these areas may not be considered significant as they are likely to already have a community composition which reflects this fishing pressure. Where the fishing activity is displaced a long distance and is more likely to result in new grounds opening up, there is considered to be a greater potential for significant adverse effects, such as has been assessed for Central Fladen MPA and Solan Bank Reef SAC.

The adverse effects associated with an increase in fishing effort within the sites from other gear types that are not targeted are not significant and generally negligible or minor in scale, apart from at one site where the effects are assessed as moderate (Solan Bank Reef SAC). Where fishing activity is most likely to be displaced locally and there is no or only a low level of activity associated with other non-targeted gear types within or near to the site, the likely impact is considered to be negligible. Where fishing activity is likely to be displaced locally but there is a moderate to high level of activity from non-targeted gear types within or near to site, or where the fishing activity cannot be displaced locally but there is only a low level of non-targeted fishing activity, the impacts are considered minor in scale. Where fishing activity cannot be displaced locally and there is a moderate to high level of non-targeted gear type within or near to the site, the impacts are considered moderate.

Overall, the potential adverse effects from displacement or increased fishing effort from other gear types are not considered significant and are unlikely to lead to transboundary effects on EU Member States.

When taking account of the balance of beneficial and adverse environmental effects, the overall (cumulative) effects of the proposed measures of Option 2 are assessed as:

• None (1 site): Darwin Mounds SAC;
• Negligible neutral (3 sites): Turbot Bank MPA, Anton Dohrn Seamount SAC and Solan Bank Reef SAC;
• Minor beneficial (10 sites): Braemar Pockmarks SAC, Northeast Faroe-Shetland Channel MPA, Norwegian Boundary Sediment Plain MPA, Scanner Pockmark SAC, Geikie Slide and Hebridean Slope MPA, Stanton Banks SAC, West of Scotland MPA, Central Fladen MPA, and Barra Fan and Hebrides Terrace Seamount MPA;
• Moderate beneficial (6 sites): Faroe-Shetland Sponge Belt MPA, Pobie Bank Reef SAC, East Rockall Bank SAC, Northwest Rockall Bank SAC, Firth of Forth Banks Complex MPA, West Shetland Shelf MPA and Wyville-Thomson Ridge SAC;
• Major beneficial (1 sites): East of Gannet and Montrose Field MPA

Further details on these findings can be found in a series of tables in Appendix C of this report.

What are the cumulative effects of the proposed management measures?

The assessment of cumulative environmental effects has focused on the potential combined displacement of fishing activities resulting from proposed management measures together with those associated with the Phase 1 management measures for inshore MPAs.

Taken together, the fisheries management measures under either option are likely to result in benefits to the overarching topic of biodiversity. This is likely to occur through reducing damaging fishing pressures to sensitive habitats and species, and providing the opportunity for spill-over benefits. However, there is also potential for adverse effects on biodiversity from displacement of commercial fishing activities and the potential for use of other gear types that are not targeted by the management measures. The overall cumulative environmental impact at the displacement locations, however, is not considered to be significant.

The proposed management measures in offshore MPAs together with the Phase 1 measures in inshore MPAs which are already in place are considered to strengthen the overall protection of MPAs. This will in turn result in an overall combined positive impact on biodiversity within Scotland’s waters.

There may be cumulative adverse effects on the environment from the displacement of fishing activities which result from the proposed measures occurring in-combination with other plans which are currently under assessment and yet to be consulted upon. A cumulative assessment of the proposed measures together with these other plans will therefore be undertaken as part of the separate environmental assessments for those other plans.

How do I respond to the consultation?

Views on the proposed management measures and the findings of the SEA are now invited.

The consultation questionnaire asks for comments on the proposed management approaches for each of the MPAs, which includes a question on the economic, social, and environmental assessments of the impact of the management approaches. Please provide any comments on this environmental assessment in your responses to the questionnaire, including any comments on general issues or cumulative effects.

Following the consultation period, the responses received will be analysed, and the findings from this analysis will be taken into account in the finalisation of the proposed management measures.

A Post-Adoption SEA Statement will be prepared, reflecting the findings of the assessment and the views expressed in the consultation, and outlining how the issues raised have been considered.

If you require access to a paper copy then please get in touch so that arrangements can be made for you to view them during office hours.

Please send comments online at https://consult.gov.scot/marine-scotland/fisheries-management-measures-within-offshore-mpas. If you are unable to respond online, then please send your response with a completed respondent information form to:

By email to: marine_biodiversity@gov.scot

By post to:

Fisheries Management Measures within Scottish Offshore Marine

Protected Areas

Marine Biodiversity Team

Scottish Government

Area 1-B North

Victoria Quay

Edinburgh

EH6 6QQ

On line: Scottish Government - Citizen Space (consult.gov.scot)

If you have any enquiries please send them to: marine_biodiversity@gov.scot