Definition of Protected Marine Areas in Scotland: EIR release

Information requested

1. Please define what Marine Protected Areas are in Scotland?
2. As various formats of ‘MPA’s are already being used by the Marine Scotland Directorate, please expand this definition for each different classification?
3. Please supply examples of where and how these different definitions have been used in the marine environment and include the levels of; - protection, management and enforcement?
4. If the Scottish government does not follow the internationally recognised definition for Nature Conservation MPAs; please advise, what they do follow?
5. Please advise how these ‘lack’ of nature conservation measures comply with: The Global Biodiversity Framework (30X30), to which the UK have signed up to and the legally binding EU Biodiversity Strategy for 2030?

Response

1. The answer to your question is the Scottish MPA network includes sites for nature conservation, protection of biodiversity, demonstrating sustainable management, and protecting our heritage. All of the information you have requested is available from: Marine Protected Areas (MPAs)  Marine environment - gov.scot. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact us again and wewill send you a paper copy.

2. All of the information for Scotland you have requested is available from:

• Marine Protected Areas (MPAs) - Marine environment - gov.scot;
• Natura 2000 - Biodiversity - gov.scot;
• Sites of Special Scientific Interest - Biodiversity - gov.scot;
• Ramsar sites and nature reserves - Biodiversity - gov.scot; and
• Report to the Scottish Parliament on Progress to Identify a Scottish Network of Marine Protected Areas.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

I would also reference a previous MiCase response we sent to yourself. Case 202200315791, sent 09 September 2022, Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exceptions under regulations 11(1) and 11(2) of the EIRs applies to that information. The reasons why these exceptions apply are explained below.

Regulation 11(1) – applicant has asked for their own personal data. 

An exception under regulation 11(1) of the EIRs (personal information) applies to some of the information requested because it is personal information of which you are the data subject, and so it is subject to the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

Regulation 11(2) – applicant has asked for personal data of a third party

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

3. Examples of how different definitions have been used in the marine environment can be found here: Report to the Scottish Parliament on Progress to Identify a Scottish Network of Marine Protected Areas (www.gov.scot) and Marine Protected Areas (MPAs) - Marine environment - gov.scot (www.gov.scot)

Examples of how different definitions have been used in the marine environment can be found here: Report to the Scottish Parliament on Progress to Identify a Scottish Network of Marine Protected Areas (see above) and Marine Protected Areas (MPAs) - Marine environment - gov.scot.

Examples of levels of protection and management can be found here: Sitelink - Home in 'Conservation Management Advice', for example, and in protective orders here in the Red Rocks and Longay Marine Conservation Order for example.

The Scottish Government’s Marine Directorate patrol protected areas by sea and land. This is done on a risk-based approach from any incoming intelligence or information received. That aside, Officers conduct regular ad hoc patrols monitoring areas.

The Marine Directorate is responsible for enforcing suspected breaches of legislation. These cover sea fishing, by vessel or hand gathering shellfish and other species and marine mammal disturbance.

Legal action can be way of verbal rebrief, advisory letter, warning letter, Fixed Penalty Notice or referral to the Crown Office Procurator Fiscal Service. Compliance Officers do not have the powers of arrest.

Most of the information you have requested is available from Marine and fisheries compliance - gov.scot.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact us again and we will send you a paper copy.

4. The answer to your question is the Scottish Government defines MPAs in line with the relevant legislation.

All of the information you requested for MPAs can be found here: Marine (Scotland) Act 2010 and Marine and Coastal Access Act 2009.

All the information you requested for SACs and SPAs can be found here: The Conservation (Natural Habitats, &c.) Regulations 1994.

All the information you requested for RAMSAR sites can be found here: Convention on Wetlands of International Importance especially as Waterfowl Habitat. | UNESCO.

All of the information you requested for SSSIs can be found here: Nature Conservation (Scotland) Act 2004.

These sites are designated sites for nature conservation, protection of biodiversity, demonstrating sustainable management, and protecting our heritage. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact us again and we will send you a paper copy.

5. The answer to your question is that 37% of our seas are now designated as MPAs, exceeding the global biodiversity target to achieve MPA coverage of 30% of global seas by 2030. The UK not being part of the EU makes the EU Biodiversity Strategy for 2030 not legally binding but the Scottish Government is working to align with this.

The Scottish Government published a new Scottish Biodiversity Strategy on 13 December 2022, which sets out our vision to 2045 and the long term outcomes needed in Scotland to address the ongoing decline in biodiversity. The Strategy outlines 33 priority actions needed to achieve the vision of halting biodiversity loss by 2030 and reversing the trend by 2045. Preparation of a dynamic, adaptive delivery plan is now under way which will set out the key actions we need to take towards becoming nature positive by 2030.

This new strategy will provide the impetus to deliver the transformative change needed to protect and restore terrestrial, freshwater and marine biodiversity in Scotland.

The Scottish Government are actively working on protecting our marine environment and the commitments within the Bute House Agreement 2021 puts marine protection at the forefront. We will no longer seek to implement HPMAs across 10% of Scotland’s seas by 2026, but will instead develop a new pathway to enhancing marine protection, while recognising alignment with the EU biodiversity strategy to 2030 as well as putting in place fisheries management measures for all MPAs that still require these and the PMF areas outside of MPAs.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

EIR 202300364330 - Information released - Annex A

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