Highly Protected Marine Areas: policy framework

5. The HPMA process

5.1 Roles and responsibilities

The introduction of HPMAs is a significant piece of work involving several organisations working together over a number of years. They are also being introduced at time when the Scottish Government is taking forward other marine protection policies, such as fisheries management measures in MPAs and consulting on introducing a cap on inshore fishing activity (up to three nautical miles). The introduction of HPMAs will also need to take account of Scotland’s National Marine Plan as well as the development of Scotland’s National Marine Plan 2, as set out in section 5.2 and in section 6. Once HPMAs are designated they will inform future iterations of the National Marine Plan.

Our statutory nature advisors, NatureScot and the Joint Nature Conservation Committee (JNCC), are responsible for developing ecological site selection guidelines, applying these to identify potential HPMA sites and engaging with stakeholders to refine these.

Scottish Ministers will decide which proposed sites are to be taken forward for consultation. At the end of the process, following consultation, responsibility for designating HPMAs also rests with Scottish Ministers.

5.2 Geographic scope

The intention is that this policy framework and the HPMA selection guidelines apply to the area of Scotland’s seas below mean low water springs (MLWS) and out to the limit of the Exclusive Economic Zone (EEZ) adjacent to Scotland^[3]. A special area of shared competence with the Faroe Islands is not included due to limits on our ability to manage fisheries and other activities relating to continental shelf resources by third countries in this area^[4].

There will be some areas where HPMAs will not be situated because it would not be practical or reasonable to remove or relocate existing activities or infrastructure which are not compatible with HPMA status. These include areas of national importance such as those earmarked for renewable developments (such as ScotWind and the Innovation and Target Oil and Gas (INTOG) leasing round areas and the areas of associated transmission infrastructure), existing active renewables and oil and gas infrastructure, existing ports and harbours, and some areas where defence activities are carried out. We also propose that existing active cables are excluded from the HPMA selection process as it would not be practical to move them. Avoiding these areas is not expected to significantly affect the HPMA site selection process. Energy developments are discussed in more detail in the sector specific sections within this policy framework.

5.3 Site selection guidelines

NatureScot and JNCC have jointly developed a set of HPMA Site Selection Guidelines which we are consulting on in parallel with this policy framework document.

The guidelines set out a five-stage site selection process, followed by a network level assessment. The process will accommodate third-party proposals for HPMAs. Application of the selection guidelines will explore the potential contribution an area could make towards achieving the aims of HPMAs, as set out in section 3. The process will be driven by the presence of specific functions and resources of significance to Scotland’s seas and will optimise ecological, climate, social and cultural benefits whilst minimising significant impacts where possible. NatureScot, JNCC and the Scottish Government will work with stakeholders to apply the guidelines to identify a suite of HPMA proposals for consideration by Scottish Ministers and subsequent consultation.

5.4 Ensuring socio-economic factors are considered

Making space for nature is critical to address biodiversity loss, contribute to climate change mitigation and adaptation, and ensure future generations can continue to benefit from our seas. However, we recognise that there is increasing competition for marine space and that HPMAs will impact how we interact with and utilise the marine environment.

A key aim when introducing HPMAs will be to reduce and, where possible, mitigate potential negative socio-economic impacts of designating sites. We will consider socio-economic factors alongside ecological data as part of the site selection process. In addition, socio-economic impacts are analysed in the following assessments which are considered as part of the HPMA decision-making process:

• We have conducted an initial Sustainability Appraisal, made up of an initial Strategic Environmental Report and an initial Socio-Economic Impact Assessment. These set out our methodologies for assessing environmental and socio-economic impacts and will be updated once specific sites have been proposed to assess their potential impacts.
• To ensure that HPMAs do not impact on lifeline services and that there are no significantly differential impacts on our remote and island communities compared to communities on the Scottish mainland, we have conducted a partial Island Communities Impact Assessment (ICIA) screening report (which forms part of this consultation). Responses to this report will be used to complete the screening document and make a determination on whether an ICIA is required. Depending on this determination, we will conduct a full ICIA once specific sites have been proposed.
• Aim to mitigate negative impacts on businesses and individuals where these are significant. We have conducted a partial Business and Regulatory Impact Assessment (BRIA) (which forms part of this consultation) with a view to completing a full BRIA once the consultation has been completed. Once specific sites have been proposed we will conduct site specific BRIAs.

More detail on what the designation of HPMAs will mean for different marine activities is provided in section 6 covering sectoral considerations.

5.5 Use of evidence

HPMA designation will use the best available evidence. In addition to existing data held by NatureScot and JNCC, this could also include information from a variety of national or local sources such as industry, conservation organisations and interest groups, recreational organisations, academia and individuals. Evidence in a range of formats will be considered, for example direct sampling data, remote-sensing data, modelled data, and social data.

Whilst there will be a preference for relying upon existing data wherever possible to identify potential locations for HPMAs, the process of designating sites will be adaptive and responsive to new datasets. Work will include the identification, collation and analyses of existing data sets where necessary to address knowledge gaps. There will be opportunities during the site selection and assessment process for stakeholders to contribute to the evidence base.

More information on how evidence will be used during the selection process can be found in the Site Selection Guidelines.

5.6 Involving stakeholders

Our aim throughout this process is to ensure that it is fair, transparent and inclusive. Given the level of restrictions that HPMAs will place on human activities, a range of different stakeholders and stakeholder groups will be impacted by their introduction.

The identification of suitable HPMA sites in the seas around Scotland will be undertaken in collaboration with marine stakeholders, particularly those who have an interest in or may be affected by HPMA proposals. We will engage with stakeholders at all key stages of policy development including in the process of selecting sites proposals and will consult with stakeholders on site proposals before sites are designated.

To help guide our engagement we have produced a Stakeholder Engagement Plan. This sets out how and when stakeholders can engage throughout the process of designating HPMAs, including engagement through cross-sectoral workshops and formal consultation.