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Publication - Impact assessment

Marine (Scotland) Act 2010 - Marine Conservation Order provision changes: environmental report

Published
21 March 2024
Directorate
Marine Directorate, +1 more … Environment and Forestry Directorate
Topic
Environment and climate change, Marine and fisheries
ISBN
9781836010456

This environmental report was produced as part of the strategic environmental assessment accompanying our consultation on facilitating marine nature restoration through legislation.

View supporting documents Supporting documents

Appendix 2 Screening and Scoping Consultation Comments

Consultation responses were received from the following Consultation Authorities. The key points raised are captured below, along with an explanation of how their views have been considered in this Environmental Report.

Consultation Authority Comment Response
Historic Environment Scotland (HES) Screening Report: We agree with your view that there are likely to be significant environmental effects for the historic environment. Noted. Proposals taken forward for environmental assessment in this Environmental Report.
We note that the historic environment has been scoped in to the assessment and we agree with this decision. Noted
On the basis of the information provided, we are content with this approach and are satisfied with the scope and level of detail proposed for the assessment. Noted
We note that environmental report and its associated relevant documents will be publicly consulted upon for a period of 12 weeks and we are content to agree with this timescale. Please note that, for administrative purposes, we consider that the consultation period commences on receipt of the relevant documents by the SEA Gateway. Noted
Scope of the assessment: We welcome that the historic environment has been scoped into the assessment and the overview of pathways for potential significant effects on this resource outlined in this section. As noted there is the potential for positive effects though the utilisation of MCOs to protect newly discovered features rapidly as well as effects associated with displaced activities. Noted. Results section considers effects of displacement on cultural heritage and potential indirect beneficial effects of MCOs to cultural heritage features.
Proposed assessment methodology: While there is little detail within the scoping report relating to the methodological approach to the assessment, we would understand that legislative reform proposals will be tested against a series of environmental SEA objectives. We note the inclusion of the objective for the historic environment and consider that this will be appropriate for considering emerging proposals against. Noted. SEA objective for Cultural Heritage topic includes historical heritage.
Related Plans, Programmes and Policies:
  • A relevant policy here is the Historic Environment Policy for Scotland (HEPS) which was published in 2019.
  • In noting reference to the previous historic environment strategy for Scotland (Our Place in Time) we would bring to your attention the publication earlier this year of the new Historic Environment Strategy for Scotland. Scotland's new strategy for the historic environment Our Place, Our Future (OPOF) was published in April 2023.
 Noted. Updated policies included in section 2.3.
Initial Environmental Baseline:
  • Information on heritage designations in the terrestrial and marine environment is available from Historic Environment Scotland's website at the Historic Environment Scotland Portal. Furthermore, the Canmore database now includes maritime records for the entire Scottish Marine Area to 200 miles offshore with these sites on Pastmap under Canmore Maritime. Wrecksite provides access to the UKHO worldwide wreck database.
 Baseline information drawn into section 4.7.
In relation to the reference to the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage we would note that this has not been ratified by the UK Government. However, Annex to the 2001 Convention – Rules Concerning Activities Directed at the Underwater Cultural Heritage provides an accepted model of 'best practice' for underwater archaeology. Noted. Details added into section 2.3.29.
Scottish Environment Protection Agency (SEPA) Screening Report: In regard to our main areas of interest (air, water, soil, human health, material assets and climatic factors) we agree with the conclusions of the screening report that the proposed PPS may have significant environmental effects. Noted. Proposals taken forward for environmental assessment in this Environmental Report.
Scoping in/out of environmental topics: We agree with the proposed SEA topics to be scoped in. It is noted that water will be addressed under "Biodiversity, Flora and Fauna" but water quality and quantity will be scoped out. We would hope that the changes to make MCO's in Scottish inshore waters would have largely positive impacts on water quality. Protecting habitats and reducing pollution can help maintain or improve water quality. Whereas the displacement of activities to other habitats could have a negative impact on water quality and quantity. Noted. Potential impacts to water quality considered and reported in results section.
Proposed assessment methodology: We are satisfied with the proposed assessment methodology. We suggest the water objective looks at enhancing the state of the water environment as well as maintaining the ecological status. It is often useful to have sub-objectives to help assess environmental impacts such as; to ensure the sustainable use of water resources, to reduce levels of water pollution. Noted. SEA objective for Water in this environmental assessment is "To maintain or work towards achieving good ecological status and good environmental status."
Baseline information:
  • SEPA's Water Environment Hub is a useful source of data providing information on the latest assessment of the condition of the water environment and pressures on protected areas.
  • The Marine Climate Change Impacts Partnership website is a useful evidence source for marine and coastal climate change evidence.
  • UK Climate Projections 2018 (UKCP18) provide the most up to date climate change projections and scenarios.
 Noted. Baseline information incorporated into sections 4.5 and 4.6.
Alternatives: We note that alternatives are still being considered. Any reasonable alternatives identified during the preparation of the plan should be assessed as part of the SEA process and the findings of the assessment should inform the choice of the preferred option. This should be documented in the Environmental Report. Noted. Reasonable alternatives have been identified and assessed in this Environmental Report.
Monitoring: Although not specifically required at this stage, monitoring is a requirement of the Act and early consideration should be given to a monitoring approach particularly in the choice of indicators. It would be helpful if the Environmental Report included a description of the measures envisaged to monitor the significant environmental effects of the plan. Noted. Monitoring requirements have been proposed in this Environmental Report.
Consultation period: We are satisfied with the proposal for a 12 week consultation period for the Environmental Report. Noted.
NatureScot Screening Report: In terms of our interests, we agree that the above Plan is likely to have significant environmental effects. Noted. Proposals taken forward for environmental assessment in this Environmental Report.
Subject to the specific comments set out, NatureScot is content with the scope and level of detail proposed for the environmental report. Noted.
Potential effects of water quality have been scoped out, but included in the Biodiversity topic. Even if these impacts are not severe enough to change the WFD classification within a water body – they still warrant assessing – it wasn't clear if this was the intention. Topic of Water included in the assessment, and considered under the Topic 'Biodiversity, Flora and Fauna'.
Recommend small revisions of the SEA objective wording for the Biodiversity topic to aid the assessment. Noted. NatureScot engaged further and consensus reached for the SEA objectives included in this Environmental Report.
Recreation and access may potentially be affected by the proposals and do require assessment. We think it's appropriate for these to be assessed fully within a BRIA, and so advise a BRIA is carried out (currently not confirmed). Noted. Additional assessments may be undertaken, as appropriate.
Consultation period: NatureScot notes that a period of 12 weeks is proposed for consultation on the Environmental Report and is content with this proposed period. Noted.
General Approach:
  • The scope of the SEA is relatively narrow in terms of addressing wider marine legislative shortcomings that we have raised previously and have had discussion with Scottish Government. We also understand some of those additional aspects may be addressed separately and recognise the timeframes and complexities involved in considering them altogether. We do not wish to lose sight of the other shortcomings, and welcome the ongoing dialogue and further discussions on how to achieve those.
  • We support the shortcomings identified in the SEA with respect to Ministers powers associated with Marine Conservation Orders and agree the changes as proposed will strengthen the existing mechanisms available for marine protection, and in particular allow the protection of areas that are helping to restore certain habitats with key ecosystem functions.
 Noted.
Setting the Context:
  • The purpose of the SEA is clear, and the shortcomings in existing powers to address are listed succinctly. The proposal highlights interaction with a future restoration plan and policy guidance. To support the restoration process we welcome pursuit of actions that would enable an efficient, and proportionate restoration licensing process, and note this will be subject to a separate SEA process (section 2.1.2.). In addition there is interaction with marine nature positive policy, also subject to a separate SEA process.
  • There is a long list of related plans and policies which appears comprehensive.
 Noted.
Baseline information: The list of baseline information to be included is appropriate. Noted.
Significant issues: We agree with the majority of the scoped in SEA topics, but raise a few questions and comments below.
  • Recreation and access are factors that may potentially be affected by the proposals as activities that could be restricted or impacted and are not currently scoped in. We do note that 'it is likely' there will be a Business and Regulatory Impact Assessment (BRIA) as part of assessing the socio-economics impacts of the proposal. Our opinion is that impacts on recreation and access should be addressed as part of that process.
  • Effects on water quality have been scoped out as effects are not anticipated. The SEA scoping report states that any impacts on water body status will be addressed within a separate SEA topic. However it wasn't clear if the potential impacts on water bodies that didn't directly affect ecological status of a water body (assuming this meant changing from one WFD category to another) would be scoped in, and believe they should be considered. The proposals may have a positive effect on water quality, where used to restrict activities that may produce pollution (e.g. aquaculture/coastal infrastructure), or a negative effect elsewhere due to displacement of such activities.
 Noted. Additional assessments may be undertaken, as appropriate. Topic of Water included in the assessment, and considered under the Topic 'Biodiversity, Flora and Fauna'.
Effects on European marine sites: The proposal will have an anticipated positive effect on European marine sites, providing additional powers of protection. There may be instances where there could be site specific negative impacts as a result of a proposed MCO, but feel these should be addressed at that site specific scale. Noted. Assessment concludes overall positive effects. Assessment has been high level and qualitative in nature and recognises there may be potential impacts from the implementation of any MCOs made using the proposed extended powers.
SEA objectives:
  • The objectives (Table2) for the SEA seem appropriate, although we question the omission of 'enhance' within the first bullet of the Biodiversity topic, as this suggest this aspect may only apply to the MPA network. We think this should apply wider, as currently within the National Marine Plan policy protection – suggested revised text in italics below to aid discussions.
To safeguard and enhance marine and coastal ecosystems, including species and habitats, and their interactions;
  • In addition, the second proposed objective relates to the National Site Network and focusses on 'to maintain and enhance the coherence of the network'. The whole MPA network is likely to benefit, rather than just European sites. To assess this objective successfully, there would need to be a definition of coherence. We are assuming this is ecological coherence and that the assessment would consider the concepts used within the existing MPA selection guidelines of coherence (such as replication, geographic variation etc). MCOs also have the potential to support the effectiveness of the network, and worth considering within the objective too. Suggested revised text in italics below to aid discussions.
To maintain and enhance the ecological coherence of the MPA network National Site Network and ensure conservation objectives for protected marine areas are not hindered achieved by supporting effective management.		 Noted. NatureScot engaged further and consensus reached for the SEA objectives included in this Environmental Report.
Assessment Methodology: We note the plans to develop reasonable alternatives to the proposal in due course. The methodology for assessing looks appropriate, and would welcome further discussions over potentially revising text for the Biodiversity topic objective. Noted. NatureScot engaged further and consensus reached for the SEA objectives included in this Environmental Report.

Contact

Email: marinerestoration@gov.scot

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