Draft Seaweed Policy Statement Consultation Paper

International

UN Convention on the Law of the Sea 1982 ( UNCLOS) ^[278]

Defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of natural resources. It enshrines the notion that all problems of ocean space are closely interrelated and need to be addressed as a whole. Provides the framework for the establishment of territorial waters to 12 nautical miles.

This framework emphasises the need to balance competing interests and objectives within the marine environment.

European

European Marine Strategy Framework Directive 2008 ( MSFD) ^[279]

The MSFD is the most recent marine obligation on EU Member States. It extends the requirements of the WFD into seas beyond 1nm. The MSFD requires Member States to ' take necessary measures to achieve or maintain good environmental status in the marine environment by the year 2020 at the latest'. Coastal waters are also covered by the directive, and the Directive sets out the requirement for member states to develop a marine strategy.

Important overarching protective policy for the marine environment, and the SPS should seek to ensure that it supports the objectives of good environmental status.

European Integrated Maritime Policy 2007 ^[280]

Aims to deliver a sustainable development approach for Europe's oceans and seas. Its scope includes: a marine transport strategy and new ports policy; research and data collection and management strategies, and work to mitigate climate change and reduce the impact of and adapt to the effects of climate change on coastal regions. It aims to promote the development of an environmentally safe aquaculture industry.

Recognises the conflicting demands on the marine environment and supports improved management.

This provides an important framework within which the SPS will be developed.

United Kingdom

Coast Protection Act 1949 (as amended by The Coast Protection (Notices) (Scotland) Regulations 1988 ^[281] and The Coast Protection (Notices) (Scotland) Amendment Regulations 1996) ^[282]

Sets out the licensing and regulatory framework within which activities including navigation and flood defences are set. Aims to protect the coast from erosion and encroachment and to ensure safety in navigation. Excludes some tidal waters in Scotland. Local authorities which include coastline within their boundaries are designated as coastal protection authorities and given specific duties and powers to undertake coastal defence works where necessary.

The potential changes in coastal processes associated with seaweed industry activities suggest that the SPS should consider the aims of the legislation (coastal and navigational protection) in its development.

Marine and Coastal Access Act 2009 ^[283]

The key issues covered by the Act comprise: the creation of a Marine Management Organisation ( MMO); planning in the marine area; licensing activities in the marine area; marine nature conservation and access to coastal land.

This sets out the broader policy context within which the SPS is being developed.

Our seas - a shared resource - High level marine objectives for the UK ^[284]

Sets out high level objectives for the UK marine environment. This includes achieving a sustainable marine economy, ensuring a strong, healthy and just society, living within environmental limits, promoting good governance and using sound science responsibly.

This provides a broader framework within which the SPS will be developed, supporting sustainable development of the marine environment.

Scotland

Marine (Scotland) Act 2010 ^[285]

Provides a framework to manage activities with Scotland's marine environment in a sustainable way. Notes the importance of protecting seas whilst facilitating sustainable economic growth. Introduces a new statutory marine planning system, a simpler licensing system, improved marine nature and historic conservation with new powers to protect and manage areas of importance for marine wildlife, habitats and historic monuments; improved protection for seals and enforcement powers.

This provides a broader framework within which the SPS will be developed.

Biodiversity, Flora & Fauna

International

UN Convention on Biological Diversity ( CBD) (1992) ^[286]

The three main objectives of the CBD are:

• the conservation of biodiversity;
• the sustainable use of biodiversity; and
• the sharing of benefits from the use of genetic resources (including by appropriate access to these resources).

Article 6 requires that all parties to the Convention develop national biodiversity strategies, plans or programmes, and that they seek to integrate the provisions of these across other policy sectors. Article 7 requires the identification of key resources and their protection. Monitoring of potentially damaging processes and activities should also be undertaken.

Two policy decisions came from the 1995 Conference of the Parties known as the Jakarta Mandate on marine and coastal biodiversity. Commitments include the development of a global system of marine and coastal protected areas, blocking the pathways of invasions of alien species, increasing ecosystem resilience to climate change, and developing, encouraging, and enhancing implementation of wide-ranging integrated marine and coastal area management. ^[287]

This broader framework sets the context within which specific environmental protection objectives have been developed. The principles defined within the Convention should be supported by the SPS.

Bonn Convention on the Conservation of Migratory Species of Wild Animals 1979 ^[288]

Aims to conserve terrestrial, marine and avian species throughout their range through international co-operation.

As with the previous Convention, these conservation objectives should be considered in the development of the SPS.

Convention on Wetlands of International Importance 1971 (amended 1982/87) ^[289]

Otherwise known as the Ramsar Convention, this emphasises the special value of wetlands, particularly as a key habitat for waterfowl, and this includes estuaries, tidal flats and near shore marine areas. The Convention resulted in designation of sites for management, sustainable use and conservation.

The SPS should uphold commitments to environmental protection.

Convention for the Protection of the Marine Environment of the North-East Atlantic ( OSPAR Convention) (1992) ^[290] and Council Decision 2000/340/ EC of 8 May 2000 concerning the approval, on behalf of the Community, of the new Annex V to the Convention for the Protection of the Marine Environment of the North-East Atlantic

The aim of the Oslo and Paris Convention ( OSPAR Convention) is to prevent and eliminate pollution and to protect the maritime area against the adverse effects of human activities. This Convention led to establishment of a cross-regional commission promoting an ecosystems approach to marine management, including establishment of a network of Marine Protected Areas. Its five work areas are biodiversity and ecosystems, eutrophication, hazardous substances, offshore industry, and radioactive substances). Climate change is also a key cross-cutting theme. Also includes a Biological Diversity and Ecosystems Strategy.

The scope of the OSPAR Convention was limited to four main areas defined in four Annexes (on the prevention and elimination of pollution from land-based sources, by dumping or incineration, and from offshore sources, and on the assessment of the quality of the marine environment). A new Annex V was prepared, on the protection and conservation of the ecosystems and biological diversity of the maritime area. Under it, the Contracting Parties must adopt the necessary measures in order to protect and conserve the ecosystems and the biological diversity of the maritime area, and to restore, where practicable, maritime areas which have been adversely affected.

The ecosystems approach to marine planning should be considered in the development of the SPS.

Agreement on the Conservation of African-Eurasian Migratory Waterbirds 1995 ( AEWA) ^[291]

An independent international treaty developed under the auspices of the United Nations Environment Programme ( UNEP)/Convention on Migratory Species. The AEWA covers 255 species of birds ecologically dependent on wetlands for at least part of their annual cycle, including species of divers, grebes, cormorants, herons, ducks, swans, geese, waders, gulls, and terns. An action plan ^[292] addresses issues including: species and habitat conservation, management of human activities, research, monitoring, education and implementation.

The development of the SPS should take into account the priority afforded to the protection of bird species present within the Scottish terrestrial, coastal and marine environment.

Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas 1992 ( ASCOBANS) ^[293]

An agreement on the protection of small cetaceans, noting that the migratory nature of dolphins, porpoises and whales means that they can be vulnerable to a range of marine activities and issues including marine pollution and by-catch.

As noted above, the high priority given to protection of these species should be taken into account in the development of the SPS.

European

Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) ^[294]

Established a commitment to designating networks of sites of ecological importance across Europe. These are known as Natura 2000 sites and include special protection areas ( SPAs designated under the Birds Directive - see following paragraph) and special areas of conservation ( SACs).

Commitments to protecting habitats and species should be upheld within the SPS.

Council Directive 79/409/ EEC on the conservation of wild birds (the Birds Directive) ^[295]

Protects all wild birds (together with their nests and eggs) and their associated habitats. Commitment to designation of SPAs (included in Natura 2000 sites - see preceding paragraph).

Objectives to protect important species and habitats, including internationally designated sites, should be supported within the SPS.

Bern Convention on the Conservation of European Wildlife and Natural Habitats (1979) ^[296]

Aims to ensure conservation and protection of wild plant and animal species and their natural habitats and to promote co-operation between European states to protect biodiversity. Implemented in UK law by the Wildlife and Countryside Act (1981 and as amended).

The broader framework for environmental protection across Europe should be supported by the SPS.

The Pan-European Biological and Landscape Diversity Strategy (1995) ^[297]

The Strategy aims to reverse the decline of landscape and biological diversity, by promoting innovation and proactive policy making. It supports preceding measures for protecting natural heritage, and aims to supplement this by further promoting a number of action themes relating to different environmental resources. The long-term objectives of the strategy are:

The establishment of a Pan-European Ecological Network to conserve ecosystems, habitats, species and landscapes that are of European importance.

The sustainable management and use of Europe's biodiversity.

Integrating biodiversity conservation and sustainability into the activities of other sectors, such as agriculture, forestry, fisheries, industry, transport and tourism.

Improving information on and awareness of biodiversity and increasing public participation in conservation actions.

Improving our understanding of the state of Europe's biodiversity.

Assuring that adequate funds are made available to implement the strategy.

The SPS should support the objectives of conservation and sustainability.

Our life insurance, our natural capital: an EU Biodiversity Strategy to 2020 ^[298]

The strategy has six main targets and 20 actions to halt the loss of biodiversity and ecosystem services in the EU by 2020.

The six targets cover:

• Full implementation of EU nature legislation to protect biodiversity
• Better protection for ecosystems, and more use of green infrastructure
• More sustainable agriculture and forestry
• Better management of fish stocks
• Tighter controls on invasive alien species
• A bigger EU contribution to averting global biodiversity loss

The SPS should support these targets by taking into account integration of biodiversity protection and enhancement.

United Kingdom

Wildlife and Countryside Act 1981 ^[299]

Provides the framework for protection of species other than European Protected Species. Sets out protection objectives for specified birds and wild animals. The Act's various schedules detail the species that are protected under the Act, including dolphins, porpoises, and numerous birds such as geese and ducks. This was reviewed and updated in December 2008 and it was recommended that several further species of marine fish should be added to the lists attached to the Act, including shark, seahorse and ray species.

The SPS should take into account the particular protection afforded to key terrestrial, coastal and marine species.

The Conservation (Natural Habitats, &c) Regulations 1994 ^[300]

Transposes the requirements for protection of designated sites under the Habitats and Birds Directives, and the framework for protection of European Protected Species. Applies within 12nm. Several marine species are protected by various development consenting regimes covered by the Act. This includes marine turtles, all species of dolphins, porpoise and whale, seals and several types of marine fish (Atlantic salmon, barbel, etc.)

The SPS should take into account the particular protection afforded to key terrestrial, coastal and marine species.

UK Biodiversity Action Plan 1994 ( UKBAP) (Since the creation of the UK BAP, devolution has led the four countries of the UK (England, Northern Ireland, Scotland and Wales) to produce their own country biodiversity groups and country biodiversity strategies. In 2007, however, a shared vision for UK biodiversity conservation was adopted by the devolved administrations and the UK governments, and is described in 'Conserving Biodiversity - the UK Approach') ^[301]

In response to the 1992 Convention on Biological Diversity ( CBD), this describes the UK's biological resources, commits a detailed plan for the protection of these resources. Sets out 1150 species and 65 habitats which are priorities for conservation action in the UK. The list was last updated in 2007 and includes 87 species in the marine group. Numerous habitats are also relevant to Scotland's marine environment, including several which are specific to coastal areas (salt marsh, sand dunes) or the marine environment (including machair, maerl beds, kelp and seaweed communities, and sea loch egg wrack beds amongst others).

The UKBAP specifically identified numerous habitats and species in the coastal and marine environment which should be protected. The SPS should seek to ensure that fisheries activity does not adversely affect these priorities.

Conserving Biodiversity - the UK Approach (2007) ^[302]

A framework document for biodiversity identifies six priorities for implementing biodiversity objectives within the integrating framework of an ecosystem approach:

Protecting the best sites for wildlife;

Targeting action on priority species and habitats;

Embedding proper consideration of biodiversity and ecosystem services in all relevant sectors of policy and decision-making;

Engaging people, and encouraging behaviour change;

Developing and interpreting the evidence base;

Ensuring that the UK plays a proactive role in influencing the development of Multilateral Environmental Agreements, and contributes fully to their domestic delivery.

Emphasises an ecosystem approach to managing biodiversity, and recognises the need to allow for the impacts of climate change within the network of marine protected areas.

Scotland

Nature Conservation (Scotland ) Act 2004 ^[303]

Introduced a 'duty to further the conservation of biodiversity' for all public bodies, and sets out more specific provisions within this including for Sites of Special Scientific Interest. Also states a requirement for the preparation of a Scottish Biodiversity Strategy, to which all public bodies should pay regard. Applies to 12nm around Scotland and includes protection measures for marine species.

Biodiversity protection objectives cover the coast and the immediate offshore environment. The SPS should seek to contribute positively to biodiversity protection objectives.

Scotland's Biodiversity - It's In Your Hands. A strategy for the conservation and enhancement of biodiversity in Scotland (2004)

Sets out Scottish aims relating to biodiversity over 25 year period. Seeks to go beyond a previous emphasis on protecting individual sites to achieve conservation at a broader scale. Aims to halt loss and reverse decline of key species, to raise awareness of biodiversity value at a landscape or ecosystem scale, and to promote knowledge, understanding and involvement amongst people. The Strategy notes the importance and health of Scotland's ecosystems, and summarises key trends.

The SPS should note and aim to support recognised ecosystems and recognise potential impacts on these.

A Consultation on the

2020 Challenge

for Scotland's Biodiversity (2012)

The consultation paper is focused on desired outcomes for 2020 in response to the European Union's Biodiversity Strategy for 2020 and the 'Aichi Targets' set by the United Nations Convention on Biological Diversity. These call for a step change in efforts to halt the loss of biodiversity and restore the essential services that a healthy natural environment provides. The document aims to:

Increase the general level of biodiversity on land and in our seas, and support healthy, well-functioning ecosystems;

Engage people with the natural world, for the health and well-being benefits that this brings, and empower them to have a say in decisions about their environment;

Maximise the benefits for Scotland of a diverse natural environment and the services it provides, contributing to sustainable economic growth.

The consultation includes a section on the Marine environment seeking to protect marine and coastal biodiversity and maintain marine productivity.

The strategy paper that follows the consultation in summer 2013 will form part of the Scottish Biodiversity Strategy, alongside the 2004 document. This would make it relevant to public bodies' biodiversity duty under the Nature Conservation (Scotland) Act 2004.

The SPS should help to maintain and enhance marine and coastal biodiversity

Population and Human Health

United Kingdom

Food and Environment Protection Act 1985 ^[304]

Part II protects the marine ecosystem and human health by controlling the deposit of articles or materials or scuttling of vessels in the sea, tidal waters or seabed.

The SPS should contribute to the protection of health via the marine environment.

Scotland

Bathing Waters (Scotland) Regulations 2008 ^[305]

Details the requirement for the designation of bathing waters and determination of bathing season, monitoring and investigations to be undertaken by SEPA and local authorities, and classification of bathing waters as 'poor', 'sufficient', 'good' or 'excellent' from 2015.

The SPS should contribute to the protection of health via the marine environment.

Water

International

International Maritime Organisation ( IMO) International Convention for the Prevention of Pollution from Ships 1973 ( MARPOL) ^[306]

Aims to prevent marine pollution from ships from operational or accidental causes. It includes annexes covering pollution by oil, noxious liquids, harmful substances, sewage, garbage and air pollution. Recent changes focus on reducing the sulphur content and particulate emissions from fuel in the shipping sector.

The SPS should be developed taking into account the broader protection provided by the convention.

International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 ^[307]

Provides a framework for international co-operation in combating major incidents or threats of marine pollution from ships or offshore units.

The SPS should recognise the protective framework provided by this Convention.

London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (as amended) and London Protocol (2006) ^[308]

Prohibits the dumping of certain hazardous materials, requires a prior special permit for the dumping of a number of other wastes, and a prior general permit for other wastes or materials. It also creates a basis in international law to allow and regulate carbon capture and storage ( CCS) in sub-seabed geological formations.

The SPS should recognise the protective framework provided by this Convention.

European

Water Framework Directive ( WFD) 2000/60/ EC ^[309]

This provides an overarching strategy, including a requirement for EU Member States to ensure that they achieve 'good ecological status' by 2015. RBMPs were defined as the key means of achieving this. The Recent Marine Strategy Directive will extend coverage of coastal waters beyond 1nm.

The WFD sets out an overarching framework that aims to ensure that good ecological status is met by 2015. Plans to achieve this are detailed in the RBMPs.

United Kingdom

Environmental Protection Act 1990

Covers pollution control and waste management. Also covers litter, radioactive substances and genetically modified organisms. Pollution at sea is specifically controlled and covers deposits of substances and articles in the sea and oil pollution from ships.

Provides for control of pollution at sea.

Pollution Prevention and Control Act 1999 Implements Directive 96/61/ EC (Integrated Pollution Prevention and Control ( IPPC)). Pollution Prevention and Control (Scotland) Regulations 2000 ^[310] ( SSI 2000/323)

The (the PPC Regulations) enact the IPPC Directive in Scotland and were made under the Pollution Prevention and Control Act 1999.

Aims to prevent or minimise emissions to air, water and soil, as well as waste, from industrial and agricultural installations.

The SPS should take into account wider pollution prevention measures relating to the water environment.

Scotland

Environmental Liability (Scotland) Regulations 2009 (transpose the EU Environmental Liability Directive (2004/35/ EC)) ^[311]

Covers incidents of significant damage to biodiversity, water or land. In accordance with the European Environmental Liability Directive (2004/35/ EC), aims to apply the polluter-pays principle by requiring restoration in such instances.

This forms an important regulatory context within which the SPS should be developed.

Water Environment and Water Services (Scotland) Act 2003 ( WEWS Act) ^[312]

Transposes the WFD into Scots law and gives Scottish ministers powers to introduce regulatory controls over water activities, in order to protect, improve and promote sustainable use of Scotland's water environment. This includes wetlands, rivers, lochs, transitional waters (estuaries), coastal waters and groundwater

The SPS should support the protection of the water environment.

The Water Environment (Controlled Activities) (Scotland) Regulations 2011 ^[313]

Sets out the process by which activities that have the potential to affect Scotland's water environment are regulated. Authorisation under the Controlled Activities Regulations ( CAR) is required for discharging to waters, disposal of pollutants to land, abstractions, impoundments and engineering works affecting water bodies.

The CAR provides an important tool for controlling activities relating to the water environment.

Pollution Prevention and Control ( PPC) (Scotland) Regulations 2000

See Pollution Prevention and Control Act 1999

The SPS should support the protection of the water environment.

River Basin Management Plans for the Scotland and Solway Tweed River Basin Districts 2009 - 2015 ^[314]

Notes the key pressures and their environmental impacts on Scottish water bodies including coastal areas. Key issues affecting coastal areas include diffuse and point source pollution, organic matter and ammonia, faecal pathogens, toxic substances, and loss of intertidal areas. Some of these issues may be exacerbated by climate change. Environmental objectives for coastal waters include improving the status of coastal waters and estuaries, and improving the structure and condition of the bed and shores of coastal water bodies.

The objectives defined by RBMPs covering Scotland are of indirect relevance to the SPS.

Flood Risk Management (Scotland) Act 2009 ^[315]

Includes new measures for sustainable flood risk management. This includes co-ordination and co-operation between relevant organisations, development of flood risk assessment and planning and tools for delivery and enforcement. Applicable to coastal flood protection measures.

The SPS should consider this, particularly as potential impacts have been identified in increased storm protection for coastal areas in the vicinity of seaweed cultivation and harvesting sites.

Soil, Geology and Coastal Processes

Scotland

Scottish Soil Framework 2009

Provides an overarching policy framework for protection of soils in Scotland. While this relates largely to the onshore environment, it includes coastal areas and the principles are applicable more widely.

The SPS should consider potential effects in coastal zones.

Climatic Factors

Scotland

Climate Change Sector Adaptation Action Plan: Marine and Fisheries (2011) ^[316]

Sets out a number of objectives including raising awareness of climate change to the wider marine stakeholder community (through the Marine Strategy Forum). Also aims to build evidence to support future adaptation action and build further policies that respond to impacts.

The SPS and its assessment should take into account the need to adapt to the impacts of climate change in the future.

Climate Ready Scotland:

Scottish Climate Change Adaptation Programme (Consultation Draft) 2013 ^[317]

Currently out to consultation, the Programme addresses the impacts identified for Scotland in the UK Climate Change Risk Assessment ( CCRA) published under section 56 of the UK Climate Change Act 2008. It sets out Ministers' objectives in relation to adaptation to climate change, targeting three key themes: the Natural Environment, Buildings and Infrastructure Networks, and Society. It outlines proposals and policies for meeting these objectives, the period within which the proposals and policies will be introduced, and setting out arrangements for wider engagement in meeting these objectives.

The Plan and its assessment should take into account the commitment to adapt to the impacts of climate change.

Cultural Heritage

International

UNCLOS 1982 was ratified by the UK in 1997 ^[318]

Article 303 stipulates that 'states have the duty to protect objects of an archaeological and historical nature found at sea and shall co-operate for this purpose' and provides for coastal states to exert a degree of control over the archaeological heritage to 24 nautical miles.

The SPS should support commitments to protect the offshore historic environment.

United Kingdom

Protection of Wrecks Act 1973

The 1973 Act provides protection for designated wrecks and for the designation of dangerous sites.

The SPS should take into account effects on protected wrecks.

Ancient Monuments and Archaeological Areas Act 1979

Provides for the protection of archaeological heritage, including the scheduling of 'monuments'. The Act, which is administered by Historic Scotland, primarily deals with terrestrial locations but there is provision to designate nautical sites.

The SPS should take into account potential impacts on nautical archaeology as a result of fishing activities ^[319] .

Protection of Military Remains Act 1986

Identifies scope for protected places and controlled sites, covering vessels. This reflects the status of these sites as war graves.

The SPS should take into account the protection afforded to these types of sites.

Scotland

Scottish Historic Environment Policy ( SHEP) (Updated 2011) ^[320]

Provides the overarching framework for historic environment policy in Scotland, consolidating and replacing the previously separate SHEPs. Aims to promote effective conservation and to enhance enjoyment and understanding of the historic environment, linking it with the Scottish Government's central purpose. The updated SHEP includes provisions to broaden the types of sites which can be designated on the basis of their national importance, arrangements for consultation in advance of designation, and proposals for powers and provisions to allow for site maintenance.

The aims of protecting the historic environment should be taken into account in development of the SPS, in particular any designated HMPAs.

The Marine Historic Environment Strategy for the protection, management and promotion of marine heritage 2012-15 ^[321]

Historic Scotland's strategy has the vision to protect and, where appropriate, enhancing the most important marine heritage assets in such a way that they can be valued, understood, and enjoyed. The aims of the Strategy are:

helping to advance knowledge about marine heritage and make information widely available;

improving stewardship of key marine heritage sites; and

developing wider understanding and enjoyment of marine heritage.

The SPS should take account of the selection and designation of Historic MPAs..

Landscape

Scotland

SNH Natural Heritage Futures Coasts and Seas (2002) ^[322] Update: Coasts and Seas (2009) ^[323]

Provides baseline information and draws attention to particularly important issues, assets and changes. The key objectives for nature and landscape are to:

Achieve sustainable use of our coasts and seas through better management, knowledge and understanding of the marine environment.

Manage the coast in sympathy with natural processes;

Safeguard and enhance maritime biodiversity and ecosystems.

Safeguard and enhance the fine scenery and diverse character of coastal seascapes and landscapes.

Achieve sustainability in Scottish sea fisheries through responsible fishing that keeps stocks within safe biological limits and minimises adverse impact on the marine ecosystem.

Ensure that salmon farming and other types of aquaculture are environmentally sustainable.

Improve the water quality of estuaries and seas; and

Promote access to the sea and coast for public enjoyment and recreation.

The SPS should consider the principles and issues identified in the Futures documents.

Material Assets (Infrastructure and Harvest Stocks)

European

Council Regulations EC 834/2007 on organic production and labelling of organic products and repealing Regulation ( EEC) No 2092/91 ^[324]

Contains clearly defined goals, principles and general rules for organic production, including farm management and food production systems that combine best environmental practices, a high level of biodiversity and the preservation of natural resources.

The regulation provides a basis for EU rules on organic aquaculture and seaweeds, including:

The growing areas are to be of high ecological quality as defined by Directive 2000/60/ EC of the European Parliament.

The seaweed product is not unsuitable from a health point of view.

The collection does not affect the long term stability of the natural habitat or the maintenance of the species in the collection area.

Sustainable practices are used in all stages of production, from collection of juvenile seaweed to harvesting.

Ensuring that a wide gene-pool is maintained.

The collection of juvenile seaweed in the wild should take place on a regular basis to supplement indoor culture stock.

The SPS should promote the principles and measures detailed in the regulations.

Council Regulations EC 889/2008 on organic production and labelling of organic products with regard to organic production, labelling and

Control ^[325]

The regulations cover the control, production and labelling of organic products, including seaweed. Provisions include:

Limited use of fertilisers and conditioners of low solubility.

Restricted use of pesticides that may have detrimental effects.

Giving preference to the application of preventive measures in pest, disease and weed control.

The SPS should promote the principles and measures detailed in the regulations.

Council Regulations EC 710/2009 laying down detailed rules on organic aquaculture animal and seaweed production and amending EC 889/2008

laying down detailed rules for the implementation of EC 834/2007 ^[326]

Regulates seaweed cultivation, contains detailed rules on organic aquaculture production and seaweed cultivation, and applies to the production of all multi-cellular marine algae or phytoplankton and micro-algae for further use as feed for aquaculture animals.

The provisions state:

Member State authorities may designate locations or areas which they consider to be unsuitable for organic aquaculture or seaweed harvesting.

Promotes sustainable management to ensure wild seaweed beds are not over-harvested in order to allow regeneration.

Production does not cause a significant impact on the state of the aquatic environment.

Promotes the use of renewable energy sources and re-cycle materials by aquaculture and seaweed business operators.

Seaweed culture at sea to utilise nutrients naturally occurring in the environment or from organic aquaculture animal production, preferably located nearby as part of a polyculture system.

Limits on culture density or operational intensity to maintain the integrity of the aquatic environment.

The SPS should promote the principles and measures detailed in the regulations.

Scotland

Scottish Aquaculture: A Fresh Start: The Renewed Strategic Framework for Scottish Aquaculture (2009) ^[327]

Update to the existing aquaculture strategy. This includes five main themes: healthier fish and shellfish - in relation to sea lice management and disease control; improved systems for licensing aquaculture developments - taking a strategic approach to the siting of sites for aquaculture in Scotland; improved containment - managing escapes and welfare issues around control of seals; better marketing and improved image - developing the shellfish sector.

Given the potential use of seaweed cultivation in IMTA, the development of the SPS should consider the principles in this framework.

Shellfish Waters Directive 2006/113/ EC (supersedes the Shellfish Growing Waters Directive (79/923/ EC) Note: the Shellfish Waters Directive will be repealed in 2013 and superseded by the WFD.

The Surface Waters (Shellfish) (Classification) (Scotland) Regulations 1997 ^[328] transpose the Directive into Scottish law.

The Directive concerns the quality of shellfish growing waters. Along with other Member States, the UK has designated those coastal and brackish waters needing protection or improvement in order to support shellfish (bivalve and gastropod molluscs) life and growth and to contribute to the high quality of directly edible shellfish products. There are 80 designated shellfish waters in Scotland.

The Regulations establish classification and sampling criteria and confer a duty on SEPA to investigate and adopt appropriate measures where monitoring results indicate that the waters do not meet the minimum quality standards specified in the Directive.

While not strictly relevant, given the commonalities between shellfish and seaweed cultivation ( i.e. potential locations, importance of water quality, etc.) the SPS should consider these principles, and support the protection and improvement of the quality of designated coastal and brackish wasters.