2014 Consultation on the management of inshore Special Areas of Conservation and Marine Protected Areas - Consultation analysis report

Appendix 6: Process for Implementation of Measures

1. Marine Conservation Orders

1.1. Scottish Ministers have the power to make Marine Conservation Orders ( MCOs) to further the stated conservation objectives of Marine Protected Areas ( MPAs). Where there is an overlapping or adjoining Special Area of Conservation ( SAC) then the order can also protect this site.

1.2. When intending to make a MCO the Scottish Ministers must serve notice of their proposal. A draft of the Order must be made available for inspection. Scottish Ministers may also invite representations from any interested person.

1.3. In order to implement the proposed management measures the Scottish Ministers intend to make four Marine Conservation Orders. They are for the following sites;

• Loch Sunart to Sound of Jura MPA (This includes the Firth of Lorn SAC but not the Loch Sunart MPA / SAC).
• Small Isles MPA
• South Arran MPA
• Wester Ross MPA

1.4. Drafts of these orders have been published, and Scottish Ministers now invite written representations to be made. These representations should be made no later than 23:59 hours on 12 July 2015. Please see www.gov.scot/Topics/marine/marine-environment/mpanetwork/MPAMGT/protectedareasmgt/conservationorders

for further details.

1.5. The intention is for these 4 orders to be laid before the Scottish Parliament in late August so that they take effect from 01 October 2015.

1.6. Each of these Orders will be accompanied by a Business and Regulatory Impact Assessment ( BRIA) which will address the points made in consultation responses regarding costs and benefits associated with each site.

2. Order(s) under the Inshore Fishing (Scotland) Act 1984

2.1. Scottish Ministers have the power to use the provisions of the Inshore (Fishing) Scotland Act 1984 to manage fishing activity to protect the marine environment. Scottish Ministers intend to deliver the rest of the measures using these powers.

2.2. The number of orders is to be determined but they will cover the following sites;

• East Mingulay SAC
• Loch Creran MPA / SAC
• Loch Laxford SAC
• Loch Sunart MPA / SAC
• Lochs Duich Long & Alsh MPA / SAC
• Luce Bay SAC
• Noss Head MPA
• Sanday SAC

• St Kilda SAC
• Treshnish Isles SAC
• Upper Loch Fyne & Loch Goil MPA
• Wyre & Rousay Sounds MPA

2.3. With the exception of Luce Bay SAC the intention is for any orders to be laid before the Scottish Parliament in late August so that they take effect from 01 October 2015. For Luce Bay SAC the intention is to lay an Order in mid-September to take effect from 01 November 2015.

2.4. Each of these Orders will be accompanied by a Business and Regulatory Impact Assessment ( BRIA) which will address the points made in consultation responses regarding costs and benefits associated with each site.