Pilot Pentland Firth and Orkney Waters Marine Spatial Plan. Consultation Analysis and Modifications Report.
The Pentland Firth and Orkney Waters Marine Spatial Plan is a pilot process undertaken by a working group consisting of Marine Scotland, Orkney Islands Council and Highland Council in advance of statutory regional marine planning. This report presents an
14. General Policy 4B: Protected species
14.1 Summary of responses received
| Stakeholder | Count |
|---|---|
| Commercial | 3 |
| Fisheries and aquaculture | 2 |
| Individual | 0 |
| Non-governmental organisation | 1 |
| Public sector | 4 |
| Recreation | 1 |
| TOTAL | 11 |
14.2 Main themes
14.2.1 The majority of the responses received provided specific comment on the wording of the policy or suggestions as to how the maps should be changed and these are outlined in the table below.
14.2.2 Other comments included that protection of these species requires coordination between marine and land consenting authorities, and that there should be additional detail on the importance of the PFOW area for breeding, wintering and foraging seabirds and waterbirds.
14.2.3 Scottish Water noted concerns about the approach required for marine European Protected Species ( EPS) and how the precautionary principle is applied in relation to their discharges. They note it is essential that sound science is applied if any area is proposed as significant in relation to EPS. For this reason they suggest this policy should be developed at a national level rather than a regional level.
14.2.4 A fisheries sector stakeholder suggested there was a need for clarification that fishing per se is not a pressure and that only some types of fishing may be a pressure on some priority marine features.
14.2.5 One stakeholder felt this policy duplicated existing legislation.
Table 14.1 General Policy 4B Protected species - Table of suggested modifications
| No. | Suggested modification | Action taken | Reason |
|---|---|---|---|
| 145 | Para. 177. Replace 'calving' with 'breeding' in the third sentence. | PARAGRAPH 177: Replaced 'calving' with 'breeding' in third sentence. | To accommodate request. |
| 146 | Information Box 8. May wish to add that designation comes through The Protection of Seals (Designation of Haul-out Sites) (Scotland) Order 2014. Could also highlight that Orkney is designated as a seal conservation area for common seals under the Marine (Scotland) Act 2010. | Second sentence amended as per below (row number 147). | As below (row number 147). |
| 147 | Include text to explain difference between seal management areas and seal conservation areas. Link provided to relevant information on webpage. | INFORMATION BOX 8: Text added to explain difference between seal management areas and seal conservation areas. AMENDED TITLE TO: Seal Conservation Areas and Haul-out sites. TEXT: 'Seal conservation areas are designed to protect vulnerable, declining Common Seal populations. Seal haul-outs are locations on land where seals come ashore to rest, moult or breed. These designated sites provide additional protection for seals from intentional or reckless harassment'. Link to information page provided added to 'Further information' section: SNH seal protection guidance http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/which-and-how/mammals/seal-protection/ |
For clarity and to provide further information. |
| 148 | Recommend that seal usage maps are removed and referred to in the 'Further Information' section to avoid misinterpretation of data. Link provided to relevant report. | FURTHER INFORMATION: Link to information added to section: Marine mammal research http://www.gov.scot/Resource/0043/00433252.pdf |
The Plan highlights in paragraphs 43-44 that all the maps only provide a snapshot and readers are directed to use NMPi for the most up to date information. Additional text regarding different types of seal areas and information link adds clarity. |
| 149 | Replace current maps with ones that show seal management areas, seal conservation areas, seal Special Areas of Conservation and designated seal haul outs. | None. | See above. |
| 150 | Para 178: Clarify that a licence will only be granted once all other deterrent options have proven unsuccessful and that any licence will be referenced against a Potential Biological Removal level to ensure there is no decline in overall local population levels and this may result in no licence being issued. | PARAGRAPH 178: Text added to the end of second sentence: 'taking of seals, once all other deterrent options have proven unsuccessful'. | To accommodate request. |
| 151 | Para 183: It is unclear how the evolving MPA process is relevant to this policy when it covers specific protected species wherever they occur whereas MPAs protect species/habitats purely within a defined designated area. | PARAGRAPH 183: Second sentence amended to '… process should help show…'. | Marine Protected Areas will provide an additional layer of protection to specific protected species when they are present in the Marine Protected Area. |
| 152 | Use the same wording as General Policy 4A i.e. 'The Plan will support development or activities that do not have an adverse effect on….' | POLICY TEXT: Amended to 'The Plan will not support development or activities that would be likely to have…'. | The suggested change is not in accordance with legal onus on developers and regulators. |
| 153 | Require accurate reflection of the statutory requirements addressing European Protected Species. Propose using the equivalent wording from the National Marine Plan as set out in paragraphs 4.51 - 4.54. | None. | Scottish Natural Heritage consulted to ensure wording is acceptable. |
| 154 | Para. 177. Include information on importance of PFOW area for protected breeding, wintering and foraging seabirds and waterbirds. | None. | The level of detailed information requested would have to be replicated for all species; it is felt the current information and links to further information is sufficient. |
| 155 | Consider developing this policy at a national rather than a regional level and applying a scientific and evidence based approach. | None. | The purpose of the Plan is to provide a framework of everything that would be necessary to be considered for potential developments. Consistency with the National Marine Plan was felt to be important as the marine planning process is new and both plans were being drafted in parallel. |
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