Consultation on Registerable Marine Activities and on Marine Licence Applications Requiring Pre-Application Consultation

4. REGISTRATION OF ACTIVITIES BELOW A SPECIFIED THRESHOLD OF ENVIRONMENTAL IMPACT

Section 33 of the Marine (Scotland) Act 2010 states that Scottish Ministers may by regulations provide that licensable marine activities that fall below a specified threshold of environmental impact are not to need a licence but can be registered instead.

Scottish Ministers would define the meaning of "registered" and "specified threshold of environmental impact" as:

• "registered" - where the activity has been registered with Marine Scotland Licensing Operations Team.
• "specified threshold of environmental impact" - the scale or level of environmental impact as described for a specific activity in the Marine Licensing (Registered Activities) (Scottish Inshore Region) Regulations 2012.

The registration process

Those wishing to carry out registerable activities in the Scottish Inshore Region (0 - 12nm) will be required to first register that activity with Marine Scotland Licensing Operations Team ( MS LOT). Registration forms will be made available for download on the Marine Scotland website or, upon request, in hard copy from MS LOT.

Application forms will require information including:

• Name and contact details of applicant
• Type of activity
• Location and brief description of project
• Timing of project
• Deposits/removals to be made
• Supporting documentation (charts, technical drawings etc.)
• Location of any nearby Natura sites

Once MS LOT has confirmed receipt of the application form and approved the activity for registration, the applicant may then carry on the activity. There will be no fee payable for this registration process.

Approval for registration will be dependent on the activity meeting the specifications set out in the Marine Licensing (Registered Activities) (Scottish Inshore Regions) Regulations 2012.

Q2. Do you agree with the registration process as described?

Yes / No

Q3. If not, what changes would you propose to the process?

Classes of Registerable Activity

There are 5 classes of activity being considered for registration under the new legislation. These activities, by necessity, carry a low risk of environmental impact and comprise the following:

1. The placement of temporary marker buoys for yacht racing.

2. The removal of deceased marine mammals and 'royal fish' from the foreshore.

3. The removal of human remains from the foreshore.

4. Deposit and removal activity carried on for the purpose of placing, securing or removing signage or other identifying markers relating to a marine historic asset.

5. The use of air filled flotation bags capable of lifting less than 100 kg from the sea bed.

Q4. Do you agree that the listed activities should be registerable, rather than licensable?

Yes / No

Q5. Do you have further comments regarding the activities listed above?

Q6. Are there any other classes of activity that should be registerable?