Fisheries Management Measures within Scottish Offshore Marine Protected Areas (MPAs) - Strategic Environmental Assessment Environmental Report
This assessment is undertaken to identify and assess any likely environmental effects of the policy and its alternatives.
Approach to the Assessment
Purpose of the assessment
The purpose of this SEA is to assess the potential for likely significant environmental effects associated with the enforcement of the proposed fisheries management measures within the identified MPAs. This will allow corresponding mitigation measures to be identified where necessary and highlight opportunities for enhancement in cases where beneficial effects are likely.
Scope of the proposals to be assessed
The proposals include two options of draft management measures for each of the 21 sites that remove/avoid, reduce/limit, or make no changes to particular fishing practices. Based on the previous SEA work that has been undertaken on proposed fisheries management measures, it is considered that the scope of potentially significant environmental effects associated with the proposed offshore management measures is largely limited to beneficial effects to the MPAs, spill-over benefits beyond the location of MPAs and potential negative effects as a result of the displacement of fishing activities to either other areas which do not have restrictions either within the MPAs or to areas outwith the protected sites. In terms of displacement of activities, there may also be a potential indirect intensification of other activities in MPAs that are not targeted by the proposed management measures, namely an increase in the use of other fishing gear not targeted by the proposed measures.
It is not considered within the scope of this SEA to review the scientific justification for the management proposals which is provided in the JNCC management advice documents available on their website[43]. Similarly, it is not within the scope of this SEA to evaluate the management proposals’ effectiveness at conserving or recovering protected features. The MPAs will have their own reporting and monitoring requirements, in line with the Marine and Coastal Access Act 2009 and the Habitats Regulations.
The potential economic and social impacts that may result from the implementation of the proposals does not form part of the scope of this SEA. The Socio-Economic Impact Assessment (SEIA) and overarching Sustainability Appraisal (SA), the latter of which this SEA is a part, will address any potential economic and social impacts.
It is important to note that the SEIA includes an assessment of ecosystem services, and this provides an assessment of similar impacts associated with the sites to the SEA, but on a different basis. The SEIA is primarily assessing the importance of site management impacts to Scotland. Therefore, both economic effects and ecosystem services changes are considered in a national context (i.e. the scale of the Scottish fishing sector, the overall value to people in Scotland). The distribution of these impacts is also considered (e.g. where socio-economic effects occur in remote rural areas).
The SEA considers the significance of impacts within and outside the MPA in the context of the protected site itself (i.e. for its own management and the integrity of its features). Interactions with the wider marine ecosystem are also considered.
This difference is particularly notable for smaller sites: management measures may be regarded as strongly beneficial to the site itself (in the SEA), but of lower value in a wider context of ecosystem services value to Scotland.
Business and Regulatory Impact Assessments (BRIA) will be undertaken for the fisheries management measures that are proposed based on the outcomes of the SEIA in order to identify any socio-economic impacts that may result from the implementation of the proposals. Potential economic and social effects of the proposed suite of Nature Conservation MPAs in Scottish offshore and territorial waters on other sectors were assessed in 2013 and informed a BRIA for each Nature Conservation MPA at that time[44]. A Habitats Regulations Appraisal (HRA) has been undertaken separately for SACs where the management measures are not fully excluding activities that JNCC has advised should be removed or avoided. In addition, an Islands Communities Impact Assessment (ICIA) will be undertaken in accordance with guidance to assess and take into account the impacts of the proposed management measures on island communities in Scotland[45].
Scope of the assessment
An initial review of the environmental topics set out in Schedule 2 of the 2004 Act[46] suggests that potentially significant environmental effects as a result of the implementation of the fisheries management measures would be focused on the SEA topics of Biodiversity, Flora and Fauna; Water; Soil; and Climatic factors. The Screening and Scoping Report[47] proposed that the SEA should consider all these topics under the overarching topic of ‘Biodiversity, Flora and Fauna’ given their strong linkages. The rationale for scoping in and out each of the SEA topics is provided in Table 5.
SEA topic |
In/out |
Reasons for inclusion / exclusion |
|---|---|---|
Biodiversity, Flora and Fauna |
In |
The fisheries management proposals are considered to be inherently beneficial to biodiversity within the context of the offshore MPAs for which they were developed as they extend additional protection to vulnerable marine species and habitat features. However, as noted previously, it is not within the scope of this SEA to assess the proposals’ effectiveness at conserving or recovering protected features. There may also be spill-over benefits to species and habitats outwith the boundaries of the offshore MPAs. As such, the proposed fisheries management measures may benefit not only the species for which they are intended, but marine biodiversity more generally. It is recognised that the displacement of fishing activities from the areas that are subject to the proposed management measures to other areas that are not restricted could adversely affect biodiversity, for example, by increasing fishing intensity within existing fisheries. These impacts have the potential to be significant and, as such, the SEA topic of ‘Biodiversity, Flora and Fauna’ has been scoped into the assessment. We propose that geodiversity be scoped into the assessment under the SEA topic of ‘Biodiversity, Flora and Fauna’ as the viability and health of both flora and fauna populations are highly dependent upon the availability of good habitats, which in turn is influenced by the condition of underlying geodiversity features. Although certain soil features are protected features in their own right, it is felt that impacts on the SEA topic of ‘Soil’ are intrinsically linked to the SEA topic of ‘Biodiversity, Flora and Fauna’ as any improvements to or decline in the condition of the seafloor will inevitably alter its suitability as a habitat. In recognition of these cross-cutting impacts, it is proposed that the ‘Soil’ topic be scoped in under the ‘Biodiversity, Flora and Fauna’ topic (see below). Biodiversity is a key consideration underlying the environmental quality objectives of the Marine Strategy Regulations. As such, it is proposed that impacts on the SEA topics of ‘Soil’ and ‘Water’ as they relate to meeting these Regulations are also scoped in under the ‘Biodiversity, Flora and Fauna’ topic (see below). The potential impacts of the proposals on the ecological status of River Basin Management Plan (RBMP) water bodies are proposed to be scoped out of on the basis that water bodies are limited to inshore waters and are unlikely to be significantly affected by the proposed measures for offshore MPAs (see below). In addition, it is proposed that the potential impacts of the proposals on the capacity of the marine environment to mitigate and adapt to climate change under the SEA topic of ‘Climatic Factors’ also receive consideration under the ‘Biodiversity, Flora and Fauna’ topic, as such impacts are likely to include the potential for deep-sea marine flora to serve as long term carbon stores (see below). |
Population and Human Health |
Out |
The SEA topic of ‘Population and Human Health’ is proposed to be scoped out of the assessment as the implementation of the proposed management measures in offshore MPAs is unlikely to lead to any significant environmental impacts on this topic. The BRIA will address any potential socio-economic impacts. |
Soil[48] |
In |
The proposals will contribute towards Scotland’s marine waters achieve and maintain Good Environmental Status (GES), as per Marine Strategy Regulations criteria (i.e. the indicator relating to protecting and improving the condition of the seafloor in order to support the health of the greater marine environment). Given the close links between geodiversity features and the condition of the overall ecosystem, we propose to cover issues such as seafloor condition under the ‘Biodiversity, Flora and Fauna’ topic. |
Water |
In |
Scotland has a commitment under the Marine Strategy Regulations to take measures aimed at achieving GES in its marine environment. This involves satisfying several qualitative descriptors relating to biodiversity. Given this link, it is proposed that role of the proposed management measures in working towards GES be covered under the topic of ‘Biodiversity, Flora and Fauna’. The proposed management measures will be located well offshore of the waters covered by the RBMPs and, therefore, the consideration of RBMP water bodies in achieving Good Ecological Status is proposed to be scoped out of the assessment. |
Air |
Out |
Displacement of fisheries activities targeted by the proposed management measures may result in longer journey times/lengths and thus lead to increased greenhouse gas (GHG) emissions. However, relative to current marine vessel emissions within Scottish waters, these increases are not considered to be significant. The SEA topic ‘Air’ is, therefore, proposed to be scoped out. |
Climatic Factors |
In |
Deep-sea habitats play a role in climate change regulation by acting as long-term carbon stores[49]. The proposals could result in a potential change in marine carbon sequestration/blue carbon processes and in turn climate change mitigation and adaptation. The SEA topic ‘Climatic Factors’ has, therefore, been scoped into the assessment. Given the close link between marine carbon sequestration/blue carbon and marine habitats, the potential impact of the proposals on ‘Climatic Factors’ will be addressed within the topic of ‘Biodiversity, Flora and Fauna’. This will include, as far as possible, a consideration of generic impacts on carbon stocks outwith the boundaries of the areas covered by the offshore MPA management proposals due to the displacement of certain activities that result in the potential re-suspension of stored carbon in the water where it can more easily break down. |
Material Assets |
Out |
No environmental impacts on the ‘Material Assets’ SEA topic are likely to result from the proposed management measures. This topic has, therefore, been scoped out of the assessment. The socio-economic effects of the proposals on other users of the marine environment, both adverse and beneficial, will be assessed by the BRIA. |
Cultural Heritage |
Out |
The regulation of certain marine activities and forms of development is implicit to the designation and subsequent management of MPAs. In practice, this could mean that more environmentally damaging activities move out of the MPAs or else are never introduced, thereby indirectly benefiting any submerged cultural heritage. However, this benefit is contingent upon the MPA overlapping cultural heritage resources, the true extent of which can be difficult to determine as some of these features remain undiscovered, particularly in the offshore marine area. Further, conservation and cultural heritage objectives would need to be compatible (e.g. some historic features may require excavation in order to ensure their preservation, which may be at odds with conservation interests). At this time, the impacts of the management proposals for offshore MPAs are not predicted to be significant and so it is proposed that Cultural Heritage be scoped out of the assessment. |
Landscape/ Seascape |
Out |
The displacement of activities as a result of the proposals is unlikely to have an effect on the ‘Landscape/Seascape’ topic. This SEA topic has, therefore, been scoped out of the assessment. |
This approach to defining the scope of the assessment reflects the approach taken during the previous and ongoing SEAs of the MPA network and MPA management measures (see Section 3.6).
Reasonable alternative
In line with the 2004 Act, there is a requirement to consider a reasonable alternative that fulfils the objective of the plan as part of the SEA. The reasonable alternative (Option 2) that has been identified as part of the development of the management proposals to meet conservation objectives has been assessed. This reasonable alternative represents an ‘alternative option’ whereby the proposed management measures under Option 1 are extended across the entire site where this is not already the case (e.g., gears targeted by zoned management measures under Option 1 are excluded from the entire area of the MPA for Option 2). In the context of the consultation, the reasonable alternative is referred to as ‘Option 2’.
Assessment methods
Assessment of potential effects
Based on the available data and strategic nature of SEAs, a high-level and qualitative assessment of potential effects arising at each site from the two management measure options has been undertaken.
The key potential environmental effects or impact pathways that are likely to arise from the implementation of the proposed management measures are as follows:
- Potential benefits to habitats and species within the offshore MPAs;
- Potential spill-over benefits beyond site boundaries;
- Potential adverse effects resulting from the displacement of fishing activities and the intensification of activities in areas where they already occur (this is based on the outcomes of the displacement test applied in the SEIA); and
- Potential adverse effects of increased fishing effort from other gear types that might not be targeted by the proposed management measures.
The assessment of potential benefits to habitats and species within the offshore MPAs has considered how the pressures on protected features of these sites will reduce as a result of both proposed management measures options taking account of feature sensitivities. This has been informed by a desk-based review of the following information:
- Fishing activity data across different gear types held by Scottish Government. This spatial data has been analysed to determine value of catches, volume (weight) of landings, sum of time fishing and number of vessels fishing within proposed management areas and protected sites. In addition, a displacement test has been applied to this data to determine whether the fishing activity can be displaced and if so at what level (within the remaining MPA that is not managed, the surrounding ICES rectangle or the surrounding Clean and Safe Seas Evidence Group (CSSEG) region). The key outputs and limitations of this data is discussed in detail in the SEIA;
- Spatio-temporal information on the existing environment within and around the boundaries of the offshore MPAs (e.g., GeMS, EMODNET habitat map). This baseline review is presented in Section 4; and
- The latest understanding of the sensitivity (tolerance/recoverability) of features identified as part of the baseline review to changes in fishing pressures has also been reviewed drawing on relevant JNCC management guidance, advice documents and previous studies.
The assessment of potential for spill-over benefits beyond site boundaries has taken account of the scale of change in fishing pressure as a result of both proposed management measures options, the potential benefits to habitats and species and existing scientific literature that has sought to quantify spill-over benefits from protected areas.
For the assessment of adverse environmental effects, the fishing spatial data described above has provided an indication of the nature and scale of fishing activity that may be displaced as a result of both proposed management measures options. The displacement test that has been applied in the SEIA has informed the assessment of this potential environmental effect. The potential environmental effect on the locations to which fishing effort might be displaced has been assessed taking account of the amount of effort that might be displaced relative to overall existing effort in the local offshore area, as well as availability of suitable alternative fishing grounds and habitat types (where these relate to a specific fishery e.g., burrowed muds - nephrops).
The proposed fisheries management measures apply only to Scottish offshore waters beyond 12 nautical miles (nm) from the coast, or within non-territorial waters. Transboundary effects on other EU Member States, for example as a result of the displacement of fishing activity to areas outwith Scottish jurisdiction, could also occur. The assessment has identified the nature and scale of displacement of fishing activity, and if this has the potential to result in transboundary effects.
Assessment criteria
For the purposes of this assessment, the indicative criteria set out in Table 64 have been used to help determine the type (beneficial, adverse or neutral) and magnitude (none, negligible, very minor, minor, moderate or major) of potential immediate effects that may result from both proposed management measures options. The potential for future effects has also been identified where relevant. However, it has not been possible to predict the magnitude of these potential future effects based on available information.
An overall (cumulative) assessment of the potential effects from both proposed management measures options has been undertaken. For this, the magnitude of the overall (cumulative) effect was considered to be the highest magnitude of all potential beneficial effects minus the magnitude of all potential adverse effects. For example, where the proposed management measures are considered to result in potential moderate benefits to habitats and species within the offshore MPA and minor spill-over benefits versus minor adverse displacement effects and negligible adverse effects from changes in gear types, the magnitude of the overall (cumulative) effect is considered to be moderate beneficial.
Type |
Magnitude |
Indicative criteria |
|---|---|---|
Adverse/ Beneficial |
Major |
Large spatial scale (size/number); Major intensity of activity (level/magnitude); Long-term (temporary/permanent); and/or High sensitivity of features. |
Adverse/ Beneficial |
Moderate |
Medium spatial scale; Moderate intensity of activity; Medium-term; and/or Moderate sensitivity of features. |
Adverse/ Beneficial |
Minor |
Small spatial scale; Low intensity of activity; Short-term; and/or Low sensitivity of features. |
Adverse/ Beneficial |
Negligible |
There is likely to be a change, but the level will be indiscernible from baseline conditions. |
Neutral |
None |
No change from baseline conditions. |
SEA objectives
The potential implications of both proposed management measures options have also been assessed against SEA objectives. The SEA objectives that have been applied in this assessment are presented in Table 75. These have built on those used to inform recent related marine assessments (see Section 3.6). Those objectives reflected the scope of their respective assessments as well as environmental protection objectives found across relevant legislation (discussed further in Section 4) and remain applicable to the present assessment.
SEA Topics |
Proposed SEA Objective |
|---|---|
Biodiversity, Flora and Fauna |
|
Soil, Water or Climatic Factors |
See Biodiversity, Flora and Fauna (as relevant). |
Building on previous assessments
This SEA builds upon the following SEAs of relevant marine conservation work undertaken by the Scottish Government:
- The designation of Nature Conservation MPAs (assessed in 2013)[50];
- Previous round of fisheries management measures for inshore MPAs which were assessed in 2014[51],[52] and new round of measures which are due to be assessed for remaining inshore MPAs where these are not already in place, as well as PMFs identified as most at risk from bottom-contacting mobile fishing gear outwith MPAs;
- The designation of an additional suite of marine SPAs (assessed in 2018) [53];
- The designation of four additional MPAs (assessed in 2019)[54]; and
- The designation of a deep-sea marine reserve as an offshore MPA (assessed in 2019)[55].
The assessment methods applied in this SEA has been similar to that which underpinned the previous and ongoing assessments of fisheries management measures for inshore MPAs and PMFs. This has helped ensure a consistent approach to the assessment of the full suite of management measures is undertaken as part of the cumulative effects assessment.
Other relevant sources of information include the SEAs undertaken on the Sectoral Marine Plans for Offshore Renewable Energy in Scottish Waters[56], the more recent Sectoral Marine Plan for Offshore Wind Energy[57], Management Proposals of Inshore Fisheries Groups[58], and the Seaweed Policy Statement[59]. In addition, the ongoing SEA that is being undertaken for the Sectoral Marine Plan for Offshore Wind for Innovation projects and Targeted Oil and Gas Decarbonisation (INTOG) has also been considered.
Contact
Email: marine_biodiversity@gov.scot
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