Fisheries management measures within Scottish Offshore Marine Protected Areas (MPAs): Draft fisheries assessments methodology report

2. Draft Fisheries Assessment Process

These draft Fisheries Assessments determine the impact that fishing activities may have on the protected features of the site in light of the site's conservation objectives. For SACs, the assessment will determine whether there is a likely significant effect from fishing activities and the potential for an adverse effect on site integrity. For NCMPAs, the assessment will determine if fishing activities are capable of affecting (the protected features and whether they would or might hinder the achievement of the conservation objectives of the site.

To summarise, all draft Fisheries Assessments have been undertaken in three stages:

Part A: Fisheries Screening: Screening stage of fisheries activities occurring within the site. Fishing activities which do not pose concern to the protected features and/or are not occurring in the site are not taken forward to Part B of the assessment. All fishing activities remaining are then taken through to Part B.

Part B: Fisheries Assessment: This is necessary where further in-depth analysis is required to assess the effects of fishing activities (pressures) on the features within the site.

Part C: In-Combination Assessment: Consideration of the residual impacts of certain other fishing activities alongside other relevant offshore region activities occurring in or within a 5 km buffer zone from the site boundary.

2.1 Draft Fisheries Assessments

The following sections describe the process undertaken for SACs and NCMPAs when considering the potential effects of fishing activities within the site.

2.1.1 Draft SAC Fisheries Assessment

Part A of this assessment follows the 'Likely Significant Effect (LSE)' test under Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive); for sites within the offshore region under Regulation 28 of the Conservation of Offshore Marine Habitats and Species Regulations 2017.

The test for Likely Significant Effect under Regulation 28(2)(b) of the Conservation of Offshore Marine Habitats and Species Regulations 2017 is not required for activities which are directly connected with or necessary to the management of the site. As these assessments are being undertaken on fishing activities occurring within the protected area, fishing activities are not considered to be directly connected with or necessary to the management of the site, unless otherwise indicated.

In line with the guidance within EU Commission guidance on the Assessment of plans and projects significantly affecting Natura 2000 sites; a methodological guidance on the provisions of Article 6 (3) and (4) of the Habitats Directive 92/43/EEC, this assessment considers an LSE as any effect that may reasonably be predicted as a consequence of a plan or project that would negatively and significantly affect the conservation objectives established for the designated habitats and species of the protected area. If any likely significant effect of a plan or project cannot be excluded with certainty, then a full appropriate assessment should be undertaken.

In Part A of this assessment the pressure-feature interactions were assessed to determine the potential for LSE and subsequent risk to the conservation objectives. This section looks at the pressures exerted by the fishing activity occurring in the site (within the assessment period) in relation to the sensitivities of the protected features.

The potential for LSE was identified where there was both a medium-high risk of a pressure arising from the fishing activity and where any designated habitats and species features were considered sensitive to that pressure. These pressure-features interactions were then taken forward for each relevant fishing activity to the appropriate assessment stage (Part B) to determine whether the plan or project would have an adverse effect on site integrity.

For each activity assessed in Part A, there were two possible outcomes for each identified pressure-feature interaction:

1. The pressure-feature interactions were not included for Part B:

a. If the feature is not exposed to the pressure, and is not likely to be in the future; or

b. If the effect/impact of the pressure is not likely to be significant.

2. The pressure-feature interactions were included for assessment in Part B:

a. If the feature is exposed to the pressure, or is it likely to be in the future; and

b. If the potential scale or magnitude of any effect is likely to be significant; or

c. If it is not possible to determine whether the magnitude of any effect is likely to be significant.

Part B of the assessment aligns with the requirements for an Appropriate Assessment under the Conservation of Offshore Marine Habitats and Species Regulations 2017 (as amended).This considers the potential impact to site integrity by assessing the impact of fishing gears scoped in in Part A. This involves determining the level of interaction between the feature and the fishing activity, assessing the potential impact on the feature, and subsequently if fishing activities are liable to affect the conservation objectives of the site and thus the integrity of the site.

In Part C of the assessment, the impact of commercial fisheries activities is considered alongside all other plans and projects that may affect the site. This includes fishing methods which were identified as occurring within the site in Part A, but screened out in Part B on the conclusion that the pressure-feature interaction did not have a medium-high risk activity profile and/or the features were not sensitive to the pressure. Fishing activities identified in Part B as requiring management to avoid adverse effects on site integrity will not be considered in Part C.

2.1.2 Draft NCMPA Fisheries Assessments

In Part A of this assessment the pressure-feature interactions were assessed to determine if the activities are capable of affecting the protected feature. This section looks at the pressures exerted by the fishing activity occurring in the site (within the assessment period) in relation to the sensitivities of the protected features. Activities potentially capable of affecting the protected feature were identified where there was both a medium-high risk of a pressure arising from the fishing activity and if any of the features were considered sensitive to that pressure. These pressure-features interactions were then taken forward to the fisheries assessment stage (Part B) to determine whether the plan or project would or might hinder the achievement of the conservation objectives.

For each activity assessed in Part A, there were two possible outcomes for each identified pressure-feature interaction:

1. The pressure-feature interactions were not included for Part B:

a. If the features is not exposed to the pressure, and is not likely to be in the future; or

b. If the effect/impact of the pressure is non-existent or insignificant.

2. The pressure-feature interactions were included for assessment in Part B:

a. If the feature is exposed to the pressure, or is it likely to be in the future; and

b. If the pressure is capable of affecting the feature, other than i; or

c. If it is not possible to determine whether the pressure is capable of affecting the feature.

Part B of the assessment considers the potential for activities to affect the feature by assessing the impact of fishing gears identified in Part A. This involves determining the level of interaction between the feature and the fishing activity, assessing the potential impact on the feature, and subsequently whether if fishing activities would or might hinder the achievement of the conservation objectives for the site.

In Part C of the assessment, the impact of commercial fisheries activities is considered alongside certain other activities that may affect the site. This includes fishing activity/pressure combinations which were excluded in Part A of the assessment as not being capable of impacting the feature, fishing interactions assessed in Part B but that would not hinder the conservation objectives for the site, and other activities occurring within the NCMPA which are not related to fishing. Fishing activities identified in Part B as those which would hinder the achievement of site conservation objectives will not be considered in Part C.