Highly Protected Marine Areas: policy framework

6.3 Recreational activities

Prohibited recreational activities

It is intended that recreational fishing of any kind will not be allowed within HPMAs. This will include all fixed engine fisheries, net and coble fisheries, creel fisheries, rod and line fisheries (including catch and release) and hand gathering operating in areas below MLWS. Recreational fishing activities in areas above MLWS will not be affected as these areas will not be included within HPMAs.

Recreational collection by any method of flora, fauna, natural materials (e.g. crustaceans, molluscs, seaweed, fossils, shells, rocks, sediments, seagrass, algae) would also be prohibited below MLWS.

Other recreational activities

It is intended that other recreational activities (e.g. use of motorised and non-motorised vessels, personal watercrafts, windsurfing, swimming, snorkelling and SCUBA diving) will be allowed within HPMAs at carefully managed levels. This means that restrictions or measures to control these activities will only be introduced if it is considered necessary based on advice from NatureScot to achieve the purpose of a HPMA. Where recreational activities have no damaging impact within a HPMA they are not proposed to be restricted. For example it is unlikely that recreational swimming would require to be restricted or managed in any form due to the negligible impact of the activity.

Where appropriate, guidance will be produced to help users carry out activities in a responsible manner, consistent with the aims of HPMAs. This could include, for example, the provision of guidance on where within a HPMA leisure activities with personal watercraft are allowed at certain times of the year.

In cases where guidance is considered insufficient, the activity may need to be prohibited or restricted in the order which designates a HPMA. This could include restrictions to carry out certain recreational activities in certain parts of the HPMA and/or at certain times of the year.

It is proposed that appropriate necessary legislation will allow for the introduction of a permitting system. Such a system could be introduced to limit the number of recreational vessels which can be in a HPMA at particular times e.g. in mass participation events, or to manage wildlife tour operations. It could also apply to any other recreational activity for which reliance upon guidance would be insufficient to avoid damage to the protected ecosystem due to the nature and intensity of the recreational activity.

Marine tourism is a key sector for Scotland, contributing significantly to the economy and employment in rural and coastal locations. The sector generated £598 million Gross Value Added (GVA) and employment for 33,100 people in 2019^[10]. Marine tourism activities are also important for our happiness and wellbeing and raising the profile of coastal communities.

The marine tourism sector in Scotland, as with the tourism sector globally, has been severely impacted by the COVID-19 pandemic. There is also increasing competition for space from other sea users.

HPMAs will not be no-go areas designed to keep out all human activities. Anyone living in or visiting Scotland should be able to enjoy and connect with our marine environment in a responsible way that does not damage the environment. The marine tourism industry relies on Scotland’s unique natural landscape and iconic species, so it is vital that we protect and enhance these resources so that they can continue to be enjoyed and provide employment.

6.4 Aquaculture (finfish, shellfish and seaweed)

It is intended that aquaculture of any form, including finfish, shellfish and seaweed cultivation, will not be allowed within HPMAs.

This would mean that consents for new aquaculture sites will not be granted within HPMAs and, in the event of overlaps, any existing sites within HPMAs will need to relocate in order to allow for recovery of natural processes within the HPMA. Activity in areas above MLWS will not be affected as these areas will not be included within HPMAs.

Aquaculture is an increasingly important industry for Scotland, helping to sustain economic growth in the rural and coastal communities of the north and west. While much of Scotland’s aquaculture products are exported, the sector also makes an important contribution to food security. Aquaculture generated £560 million in GVA in 2019, with employment in the sector increasing by 25% from 2010 to 2019^[11].

The Scottish Government supports the sustainable growth of the aquaculture sector; however, it is important that action is taken to protect and enhance marine ecosystems to ensure that they are healthy and resilient.

The proposed policy to have no aquaculture sites in HPMAs will place spatial restrictions on where aquaculture developments can be situated. It will be important that we are able to take information from the aquaculture sector into account during the HPMA selection and assessment process and properly assess the impacts of proposed designations of new HPMAs. This is to minimise, as far as possible, negative impacts on the industry as a result of the potential requirement for existing aquaculture sites to relocate, including unintended consequences of displacement, such as spatial conflict between marine users.

We will also work with the industry to identify a process for removing and relocating sites in order to minimise financial and regulatory burdens as much as possible. This could include identification of suitable alternative sites for replacement of farmed biomass or relocation. Factors that will inform the process include existing locational guidance and consideration of any transitional arrangements, such as completion of a production cycle before a site has to relocate. Whilst the location of any new aquaculture sites will need to be assessed with the consenting and legal framework, we are working to ensure that the determination procedures of new consents and licences are as efficient and effective as possible in order to allow for a smooth transition.

6.4.1 Finfish aquaculture

It is intended that finfish aquaculture will not be allowed within HPMAs.

This would mean that consents for new finfish aquaculture sites will not be granted within HPMAs and, in the event of overlaps, any existing sites within HPMAs will need to relocate. Activity in areas above MLWS will not be affected as these areas will not be included within HPMAs.

The Scottish finfish industry produces rainbow trout, brown trout and halibut but is dominated by the production of salmon. In 2019, Atlantic salmon accounted for around 98% of the aquaculture farm gate value^[12] and was both Scotland’s and the UK’s number one food export^[13]. Finfish farms are concentrated on the west coast of mainland Scotland, Western Isles, Orkney and Shetland and are key employers in many rural and island communities.

We will look to work with the finfish sector, as set out above, to ensure that it can continue to grow sustainably, whilst allowing for the required increases in protections for our marine environment.

6.4.2 Shellfish aquaculture

It is intended that shellfish aquaculture will not be allowed within HPMAs.

This would mean that consents for new shellfish aquaculture sites will not be granted within HPMAs and, in the event of overlaps, any existing sites within HPMAs will need to relocate. Activity in areas above MLWS will not be affected as these areas will not be included within HPMAs.

Shellfish production in Scotland is dominated by mussels (with 8,590 tonnes produced in 2021^[14]) but oysters and scallops are also cultivated. Although, shellfish farms are located throughout the west coast, Western Isles, and Orkney the majority are found in Shetland, which accounts for about 70% of all shellfish produced by farms^[15].

The shellfish industry, with the exception of some of the large-scale Shetland farms, is essentially still a cottage industry with small operators and crofters adding it to their other activities. During 2021 the shellfish industry employed a total of 303 workers (141 full-time and 162 part-time and casual) largely in rural and island communities^[16].

The Scottish Government supports the sustainable growth of the aquaculture sector taking place in the context of increased protection for our natural environment. Although shellfish aquaculture is recognised as one of the most environmentally benign methods of food production^[17], the need for ongoing human activities (both deposition and extraction) mean that this would not be compatible with the aims of HPMAs.

We will look to work closely with the industry throughout the site selection and assessment process to make sure that any socio-economic impacts from the designation of specific sites are fully considered to make any potential relocations and changes required as smooth as possible.

6.4.3 Seaweed harvesting

It is intended that seaweed harvesting will not be allowed within HPMAs.

This would mean that consents for seaweed harvesting, where these are required, will not be granted within HPMAs and, in the event of overlaps, any existing seaweed harvesting within HPMAs will need to relocate. Provisions will be introduced to prohibit seaweed gathering which does not currently require consent. Activity in areas above MLWS will not be affected as these areas will not be included within HPMAs.

There may be limited cases where marine licences will need to be granted to remove seaweed for non-commercial purposes, for example for safe navigation or from around water intakes. Consents for the removal of seaweed for essential non-commercial purposes will be considered on a case by case basis.

There is a significant seaweed resource in Scottish waters, particularly in areas west of the Outer Hebrides, the Minch and Inner Hebrides, and the north coast of Orkney. Seaweed supports marine biodiversity and provides vital habitat for many fish and shellfish species. It also provides protection from natural hazards (for example acting as a natural flood barrier) and has a role in climate regulation. Seaweed can be used as a source of food, animal feed and fertiliser, as well as being used in a range of industries such as cosmetics and pharmaceuticals.

In 2020, the sector was almost entirely dependent on wild harvesting of seaweed. This consists mainly of hand harvesting close inshore with some gathering of case seaweed from shorelines. Some mechanical cutting of egg or knotted wrack takes place. Whilst interest in cultivating seaweed and incorporating farmed seaweed into products is high, commercial farming in Scotland is still in its infancy (one commercial farm and two research farms in 2020), although the number of marine licence applications, and licensed sites, for cultivating activities is increasing^[18].

HPMAs will restrict where seaweed harvesting can be carried out in Scottish waters. Information on existing seaweed harvesting and wider areas of potential seaweed resources will be considered during the HPMA selection and assessment process to limit, where possible, impacts on existing activities and properly assess the impacts of HPMAs.

6.5 Oil and gas sector

The regulatory regime for licensing offshore petroleum installations and pipelines for oil and gas exploration and exploitation of oil and gas in the Scottish inshore and offshore regions is a reserved matter under the Scotland Act 1998, Schedule 5, Section D2. More generally, the authorisation and operation of oil and gas installations takes place in a complex regulatory environment, involving a mix of reserved and devolved responsibilities and authorities.

It is intended that activities associated with oil and gas exploration, extraction and storage, including any exploratory activity and the construction of new infrastructure should be avoided within HPMAs. We will work with the UK Government to avoid, wherever possible, these activities taking place within a HPMA.

We do not consider that it is reasonable and practical to expect existing active oil and gas projects to relocate. It is therefore proposed that existing active oil and gas developments (including oil and gas pipelines) will be excluded from the HPMA selection process so that overlaps with proposed new HPMAs do not occur.

Areas with inactive pipelines and other inactive infrastructure such as plugged and abandoned wells will be considered as part of the HPMA selection and assessment process, to avoid unnecessarily scoping out areas which may be suitable for designation as HPMAs. In the event of any overlap of inactive infrastructure with proposed HPMAs, decisions on whether to include these areas within sites will be taken on a case-by-case basis, with advice from Nature Scot and JNCC. This could include consideration of the spatial extent of infrastructure within a proposed site (particularly in relation to more sensitive elements of the marine ecosystem). Inactive infrastructure which requires regular maintenance or repair or which may require to be removed will not be considered for HPMA designation.

Where areas with inactive infrastructure are not scoped out of the HPMA selection process and overlap with a HPMA, it is proposed that essential repair and maintenance activities as well as the removal of inactive infrastructure are considered on a site-by-site basis.

Oil and gas production has been a major activity in Scottish waters since the late 1960s. There is extensive infrastructure associated with oil and gas developments in Scottish waters. As of 2020 there were 112 active platforms and 14,801 km of pipeline^[19]. Oil and gas remain Scotland’s principal sources of fuel, making up 75% of all energy consumption in 2020^[20]. Scotland’s long-term climate change targets will require the near-complete decarbonisation of our energy system by 2050, with renewable energy meeting a significant share of our needs.

It will be important that we can work with the sector to ensure we have the best available information on the location and types of existing activity, and on planned developments that have already been consented so that this can be considered during the HPMA site selection and assessment phase.

6.6 Renewable energy

This section does not cover cables associated with marine renewable developments, which are covered under section 6.8.

It is intended that no new renewable energy projects will be allowed in an area designated as a HPMA. This includes exploratory activity or construction of new infrastructure. The Scottish Ministers are the consenting authority for section 36 of the Electricity Act 1989 consents and the marine licensing authority for licensable marine activities under the (Marine (Scotland) Act 2010 (0-12 nautical miles) and the Marine and Coastal Access Act 2009 (beyond 12 nautical miles).

The transit of vessels associated with renewable energy projects through a HPMA will still be allowed.

It is proposed that existing renewable energy developments (including wind, tidal and wave), as well as an any areas with draft or adopted plans, option agreements, exclusivity agreements or consents already in place for future renewable developments will be excluded from the HPMA selection process so that overlaps do not occur.

Renewable and low carbon energy, including marine renewables, will provide the foundation of our future energy system. Between 2014 and 2018 offshore wind capacity increased by 216%, with just under 2,000 people employed in the Scottish offshore wind sector in 2018^[21]. The Scottish Energy Strategy published in December 2017 sets a 2030 target for the equivalent of 50% of the energy for Scotland’s heat, transport and electricity consumption to be supplied by renewable sources. The offshore renewables sector will also play a critical role in supporting Scotland’s net zero by 2045 target, as well as the targets set out in the British Energy Security Strategy, published in April 2022.

Given the need for increased offshore renewable energy capacity, the introduction of HPMAs will need to compliment these targets and should not hinder their achievement. Any areas with renewable developments that already exist, are consented, or have draft or adopted plans will be scoped out of the HPMA selection process. This will include, for example, all ScotWind projects (and their associated infrastructure) awarded in January 2021, for which option agreements are in place. The ongoing planning process for the Innovation and Targeted Oil and Gas (INTOG) leasing round will identify areas for further offshore wind development which are also proposed to be removed from the selection and assessment process for HPMAs.

While offshore renewable energy has a critical role to play in meeting climate change targets and contributing to energy security, our commitment to designate HPMAs is also an important step to address the twin climate and nature crises. HPMAs will maximise opportunities for recovery and enhancement of marine ecosystems, in turn helping ensure that our seas are more resilient to the impacts of climate change by, for example, protecting blue carbon habitats. Construction of new offshore renewable developments within HPMAs will not be allowed.

It will be important that we work with the renewable energy sector to ensure we have the best available information on the location and types of existing activity, and on planned developments that have already been consented so that this can be considered during the HPMA selection and assessment phase.

6.7 Carbon capture utilisation and storage

It is intended that the construction of new infrastructure associated with carbon capture utilisation and storage will not be allowed within HPMAs. Scottish Ministers are the licensing authority for licences required for the storage of carbon dioxide in the Scottish inshore region (0-12 nautical miles). In the offshore region (beyond 12 nautical miles), the competent licensing authority is the North Sea Transition Authority (NSTA). We will work with the UK Government to avoid carbon capture utilisation and storage, wherever possible, within a HPMA.

Areas with existing infrastructure which may potentially be repurposed for carbon dioxide (CO₂) transportation in future, such as for example existing oil and gas pipelines will be considered as part of the HPMA selection and assessment process, to avoid unnecessarily scoping out areas which may be suitable for designation as HPMAs.

In the event that existing infrastructure, which is proposed to be repurposed for CO₂ transportation, overlaps with proposed HPMAs, decisions on whether to include these areas within sites will be taken on a case-by-case basis with advice from Nature Scot and JNCC. This could include consideration of the spatial extent of infrastructure within a proposed site (particularly in relation to more sensitive elements of the marine ecosystem) and the level and environmental impact of activity required for repairs, maintenance and monitoring of the pipelines used for CO₂ transportation. Where existing infrastructure has been repurposed for carbon capture storage in a HPMA, it is proposed that essential repair, maintenance and monitoring activities are allowed.

Carbon capture utilisation and storage (CCUS) is the capture and transport of CO₂ for safe and permanent storage deep underground in a geological formation. The process captures waste CO₂ from large point sources such as biomass or fossil fuel power plants, industrial processing or cement production.

CCUS will need to be rolled out at scale to meet Scotland’s climate charge target of net zero emissions by 2045. Scotland has vast potential for geological storage of carbon under the North Sea seabed, with additional potential for the repurposing of key existing pipelines for CO₂ transportation. It is estimated that by 2030 between 7,000 and 45,000 UK jobs could be associated with CCUS^[22], and the Scottish government is supporting several CCUS research and development projects in Scotland.

While CCUS has a critical role to play in meeting climate change targets, our commitment to designate HPMAs is also an important step to addressing the twin climate and nature crises. HPMAs will maximise opportunities for recovery and enhancement of marine ecosystems, in turn helping ensure that our seas are more resilient to the impacts of climate change by, for example, protecting blue carbon habitats.

We are committed to working with stakeholders during the HPMA site selection and assessment process to ensure we have the best available information on areas which have been identified as suitable for potential CCUS areas so that these can be considered during the HPMA selection and assessment process and avoided where possible.

6.8 Subsea cables

Military cables and cables relating to oil and gas on the seabed are not covered in this section.

Laying of new cables

The laying of new subsea cables is an activity which is subject to a marine licence. The Scottish Ministers are the marine licensing authority for licensable marine activities under the (Marine (Scotland) Act 2010 (0-12 nautical miles) and the Marine and Coastal Access Act 2009 (beyond 12 nautical miles). It is intended that, in general, the construction of new subsea cables within HPMAs will not be allowed, with the following exceptions:

• The laying of new cables in relation to lifeline services to remote and island communities, such as, for example, power distribution cables or cables related to broadband/telecommunication services
• The laying of new cables which are permitted in accordance with international law (UNCLOS)

For the limited instances where the laying of new cables are consented, the repair and maintenance of those cables can also be allowed on a case by case basis.

Existing cables and cables for consented renewable energy projects

Existing active cables would not be compatible with HPMAs due to the infrastructure and activities associated with maintaining and repairing them. We propose that existing active cables are excluded from the HPMA selection process as it would not be practical to move them. We also propose that cable routes for INTOG and Scotwind projects as well as for other planned renewable projects will not be included in the HPMA selection process.

Submarine cables are critical infrastructure, delivering communications, internet and power to Scotland and international partners via an extensive network totalling over 6,000 km^[23].

Cables routed through soft sediments can be buried, however cables are also surface laid in areas where this is not possible such as rocky seabed. Cables may be protected with additional measures such as rock placement, rock bags or concrete mattresses. In many cases, this is driven by the need to protect cables from other human activities such as damage by fishing gear.

HPMAs must not restrict the provision of lifeline service to remote and island communities. However, where possible, activities associated with subsea cables should be avoided within HPMAs, and, in cases where overlaps do occur, steps taken to avoid or mitigate impacts. We will work with the electricity transmission and telecommunications sectors to ensure we have the best available information on the location and types of existing activity, and on planned developments that have already been consented so that this can be considered during the HPMA selection and assessment phase.

6.9 Aggregate extraction

This section does not cover navigational dredging which is included below under section 6.10.

It is intended that aggregate extraction will not be allowed to take place within HPMAs. Aggregate extraction is an activity which is subject to a marine licence. Scottish Ministers are the licensing authority for such marine licences in the Scottish inshore region (12 nautical miles of Scotland) and offshore region (12 to 200 nautical miles).

Marine aggregate extraction removes sand and gravel from the seabed for use as construction aggregate (in concrete), land reclamation (as fill) or beach replenishment. Although Scotland has considerable marine sand and gravel resource, historically the marine aggregate industry has been very small because land supplies are more readily accessible. In some cases, marine transportation is essential for land-based extraction due to its distribution and viability.

There are no areas currently licensed for marine aggregate extraction in Scottish waters. Aggregate extraction last occurred in two areas in the Firth of Forth and Firth of Tay, in or before 2005. There are potentially viable deposits of marine sand and gravel present in Scottish waters, however extraction is not currently seen as economically viable.

6.10 Ports and harbours

The infrastructure and activities associated with ports, harbours, ferry piers and marinas would not be compatible with the aims of HPMAs and it would not be reasonably feasible to relocate these if located within a HPMA. It is therefore proposed that HPMAs will not be designated in areas that overlap with existing ports and harbours. This will include associated infrastructure, any associated areas which are dredged for navigational purposes and associated dredge deposit sites.

However, it is intended that the development and construction of new ports, harbours, ferry piers and marinas will not be allowed within areas designated as HPMAs.

It is also intended that the deposit of dredged material associated with ports and harbours will not be allowed within HPMAs.

Ports and harbours are a key part of Scotland’s maritime infrastructure. They are critical in providing links between land and sea and in the movement of goods and people. In 2018, the eleven major ports accounted for 95% of the total traffic through Scottish ports. There has been a steady decline in freight through Scotland’s eleven major ports: 8% down overall from 2014 to 62 million tonnes in 2018, driven by a 45% reduction in dry bulk over the same period^[24].

Scotland has over 200 ports, comprising privately owned, local authority and trust ports, plus ports run by Ministry of Defence and Caledonian Maritime Assets Ltd (CMAL). They vary in size from major commercial operations for international exports, ferry ports, ports serving the oil and gas industry in the North Sea and west of Shetland, a maintenance hub at Wick for offshore renewables, to small leisure and fishing harbours.

Ports operate as commercial businesses, adapting and developing to meet the demand of the maritime industry. New areas of development include deep water berths to accommodate large cruise vessels and decommissioning projects.

HPMAs should not restrict the provision of lifeline services and critical infrastructure. Existing ports and harbours will not be considered as part of the HPMA site selection and assessment process to ensure that overlaps do not occur.

6.11 Shipping and ferries

It is intended that the transit of ships and ferries is allowed and will not be restricted in HPMAs.

Shipping and ferries are an essential part of Scotland’s transport network. In 2018, one third of Scotland’s total freight tonnage, including exports, was carried by water: 65 million tonnes^[27]. Many islands in Scotland rely on lifeline ferry services for their communities to remain viable. In 2017, passenger water transport generated £90 million in GVA and employment for 1,100 people. A growing number of cruise ships are also visiting Scotland. The number of cruise ships calling into Scottish ports rose from 446 in 2012 to 825 in 2018^[25], although this has been significantly impacted by the COVID-19 pandemic.

The unhindered movement of ships, particularly ferries, through HPMAs will be crucial for the provision of lifeline services to remote and island communities. Under international law (UNCLOS) vessels have a right of passage through the territorial waters of another country. Any vessel transiting a HPMA will need to adhere to all relevant international laws, standards and conventions, including the International Maritime Organisation and the International Convention for the Prevention of Pollution on Ships (MARPOL).

We will work with the sector during the HPMA selection and assessment process to ensure that information on existing shipping and ferry routes through potential HPMAs are considered, and that information on where HPMAs will be located can be shared with the industry in order to promote best practice. It is our intention that waste materials and ballast water will not be discharged when vessels are passing through an HPMA except in cases of emergency and force majeure.

6.12 Military and defence

Military and defence activities are a reserved matter under the responsibility of Ministry of Defence (MoD). It is intended that HPMAs will not be designated in some areas where MoD activities are carried out, such as areas of MoD estate and other infrastructure, and areas where it is possible to define the type and extent of activities at a suitable scale to allow their exclusion.

MoD activities relating to defence may need to go ahead within HPMAs. Where activities do need to go ahead, operators and planners will need to follow relevant environmental protection guidelines.

Scotland’s seas, lochs and coasts are integral to the Royal Navy’s operations, training and trials. Coastal locations for the Army, Royal Air Force and Defence Test and Evaluation Ranges are also important.

Detailed information about the intensity of defence use of the seas is not available for reasons of national security. The Royal Navy’s primary bases/establishments in Scotland are His Majesty's Naval Base Clyde (HMNB Clyde), Royal Marine (RM) Condor (Arbroath) and MoD Caledonia (Rosyth). There are other Reserve Forces and University units and test and evaluation facilities at the Inner Sound Raasay, Loch Goil and Loch Fyne. Scotland also hosts Joint Warrior, the UK-led multinational war exercise that takes place in spring and autumn each year.

There are measures in place to limit the environmental impact of defence activities in the maritime area. These measures will apply within HPMAs and include application of enhanced Standard Operating Procedures and moderation of activities where possible, achieved through Environmental Protection Guidelines (Maritime) (EPG(M)). Additional guidance and operational planning for Royal Navy activities is provided for by the Maritime Environmental and Sustainability Assessment Tool (MESAT), which explores, justifies and records whether negative impacts to the marine environment exist and how they have been mitigated in the planning and conduct of any activity. It is proposed that existing guidelines and assessment tools will be updated to take account of the purpose of HPMAs and their designations.

We will work with the MoD during the HPMA selection and assessment process to consider and limit overlaps between proposed HPMA sites and MoD activities.

6.13 Hydrogen production

It is intended that hydrogen production will not be allowed within a HPMA. Where the Scottish Ministers have licensing responsibilities for hydrogen infrastructure, we will avoid new infrastructure being constructed within HMPAs. Where any licensing responsibilities for hydrogen infrastructure rest with the UK Government, we will seek to work with the UK Government to avoid activities in a HPMA where possible.

HPMAs will not be designated in areas that overlap with existing hydrogen infrastructure.

Hydrogen, which can be used as an alternative to natural gas, is rapidly emerging as a sustainable solution for the decarbonisation of the economy and a key piece of the energy transition picture. Scotland has in abundance all the raw ingredients necessary to produce low-cost, clean hydrogen. The Scottish Government has an ambition to have 5GW installed hydrogen production capacity by 2030 and 25GW by 2045. To support this £100 million of funding has been committed towards the development of our hydrogen economy^[26].

While hydrogen production has a potentially critical role to play in meeting climate change targets and contributing to energy security, our commitment to designate HPMAs is also an important step to address the twin climate and nature crises. HPMAs will maximise opportunities for recovery and enhancement of marine ecosystems, in turn helping ensure that our seas are more resilient to the impacts of climate change by, for example, protecting blue carbon habitats.

6.14 Space Ports

It is intended that the construction of any space port infrastructure, below MLWS, as well as the deposition of debris or other materials from space launches will not be allowed within HPMAs. The deposition of debris or other materials from space launches would also not be compatible with HPMAs. These activities are subject to a marine licence. Scottish Ministers are the licensing authority for such marine licences in the Scottish inshore region (0 to 12 nautical miles) and offshore region (12 to 200 nautical miles). It is proposed that that no new licences for these activities will be granted for areas covered by a HPMA.

For areas where there are existing marine licences in place for activities relating to space ports, we propose to consider on a case-by-case basis during the site selection and assessment process whether these areas are not compatible with the aims of HPMAs due to the impact of the activity on the marine environment and should be ruled out of the site selection process.

Scotland has a versatile, adaptable and growing space sector. Almost one fifth of all UK jobs in the space sector are based here and Scotland produces more small satellites than any other country in Europe. The industry has an annual turnover of £254 million but the Scottish Government wants to grow this significantly and has an ambition, in collaboration with partners, to win a £4 billion share of the global space market by 2030. Work is underway to develop spaceports across Scotland, including in rural and coastal communities in Sutherland, Shetland and the Western Isles.