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Publication - Consultation analysis

Pilot Pentland Firth and Orkney Waters Marine Spatial Plan. Consultation Analysis and Modifications Report.

Published
21 March 2016
Topic
Marine and fisheries
ISBN
9781786520685

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

View supporting documents Supporting documents

18. General Policy 5A: Water environment

18.1 Summary of responses received

Stakeholder Count
Commercial 2
Fisheries and aquaculture 1
Individual 1
Non-governmental organisation 0
Public sector 6
Recreation 2
TOTAL 12

18.2 Main themes

18.2.1 A number of respondents commented that corrections were required to references to legislation as the Shellfish Waters Directive was repealed and there have been associated changes with regard to Shellfish Water Protected Areas. One stakeholder noted that the references to Marine Strategy Framework Directive and Water Framework Directive boundaries in relation to marine, transitional and coastal waters need to be checked and clarified.

18.2.2 Other stakeholders welcomed the protection afforded by this policy to existing marine users with one noting that it would be good to include process water discharges on the map.

18.2.3 Scottish Water provided several points:

  • Scottish Water are regulated within the existing legislation to protect the water environment and have invested to achieve Good Environmental Status
  • They promote the principle of using sound science to ensure investment has measurable benefits
  • They support future shellfish development being within Shellfish Water Protected Areas and note the selection of shellfish harvesting sites should consider the location of sewage discharges and water quality information
  • They invest in Waste Water Treatment Works and collecting systems and use a number of criteria such as the population within a network catchment and sensitivity and status of the receiving waters for the final effluent or discharge
  • They agree that incompatible activities should be sited separately
  • There are existing and will likely be future Scottish Water assets, such as sea outfalls, located in the PFOW area and note the Plan should recognise this essential function

18.2.4 Another stakeholder representing the renewable energy industry requested clarification on the meaning of 'full assessment' in the policy text.

18.2.5 A fisheries stakeholder expressed the view that if some shellfish waters are protected it would be a reasonable ambition to protect all areas where commercial stocks are harvested.

Table 18.1 General Policy 5A Water environment - Table of suggested modifications

No. Suggested modification Action taken Reason
177 Para. 221. Should be Food Standards Agency Scotland in penultimate line. PARAGRAPH 221 (now 222): Text changed to '…are the responsibility of the Food Standards Scotland ( FSS)'. Corrected (throughout document) to take account of the name of the new organisation.
178 Rename the policy Water Quality or combine with the section on Marine Strategy Framework Directive and refer to achieving all objectives in estuarine, coastal and marine waters. None. Policy covers a wider range of issues than water quality.
179 Revise Paras. 220, 221 and 224 to reflect the fact the Shellfish Waters Directive was repealed and is now covered by the Water Framework Directive as Shellfish Water Protected Areas. PARAGRAPH 220 (now 221): Changed to 'The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013 aims to improve the quality of water where shellfish grow. In Scotland, the Scottish Environmental Protection Agency ( SEPA) is the competent authority for assessing and classifying Shellfish Water Protected Areas in accordance with the Scotland River Basin District (Quality of Shellfish Water Protected Areas) (Scotland) Directions 2015. The objective is to prevent deterioration of shellfish water quality, and aim to achieve good shellfish water quality, as set out in the Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013. There are three Shellfish Water Protected Areas in the PFOW area (Bay of Firth, Kyle of Tongue and Loch Eriboll).
PARAGRAPH 221 (now 222): Changed to 'Compliance with the Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013 in itself will not ensure the protection of public health, but their intention is to ensure that shellfisheries do not become contaminated thus adversely affecting the classification awarded by Food Standards Scotland ( FSS). Public health in relation to food is set down in directly applicable EU wide food hygiene regulation, for which FSS is the Competent Authority in Scotland, and it is implemented domestically under the Food Hygiene (Scotland) Regulations 2006 (as amended). Whilst food business operators are ultimately responsible for ensuring that only safe food is placed on the market, FSS is responsible for a wide range of official controls, including routine Escherichia coli monitoring which assist in determining the hygiene status of protected areas, where those areas have also been classified under food law by FSS'. Links to legislation added and footnote numbering updated:
10 The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013
http://www.legislation.gov.uk/ssi/2013/324/contents/made 11 Scotland River Basin District (Quality of Shellfish Water Protected Areas) (Scotland) Directions 2015 http://www.gov.scot/Publications/2015/03/8135/downloads 12 Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013
http://www.legislation.gov.uk/ssi/2013/325/contents/made PARAGRAPH 222: Deleted, see new text above.
PARAGRAPH 225: Changed to 'The classification of shellfish harvesting areas can change and the most up-to-date information can be obtained by contacting the FSS. In October 2015, there were no harvesting areas in Orkney and Kyle of Tongue had a classification of 'A' for Pacific oysters. Category 'A'sites are of the highest standard and means that shellfish can go directly for human consumption'.		 Correct reference to legislation and rewording for clarity.
180 Add text in italics: The Plan will support development in the marine environment when the proposal: Development should not take place where wind driven currents may cause pollution in areas where due to its enclosed nature there is little change of water particular attention being taken in places of recreation. None. Policy text in last bullet point covers consideration of the location of activities that may not be compatible.
181 Clarify boundaries of Marine Strategy Framework Directive and Water Framework Directive. PARAGRAPH 218: Changed last sentence to: 'The MSFD and WFD overlap in coastal waters as the WFD extends out to 3 nautical miles and overlaps with the MSFD in coastal waters. The MSFD includes coastal waters (as defined by the WFD) and out to the extent of the UK jurisdiction'. To improve the clarity of the text.
182 In the 'Future considerations' section note that the next cycle of work on the Water Framework Directive is expected to give more attention to transitional and coastal waters. PARAGRAPH 231: Second sentence added: 'Future work on the WFD is expected to give more attention to transitional and coastal waters and this should be taken into account when developing regional marine plans'. To accommodate request.
183 Add process water discharges to the map and distinguish between fully and partially treated and untreated, including sewage works. None. NMPi provides some information but this level of detailed information is not available for mapping purposes.
184 Include the Bathing Waters Directive in the 'Key legislation and policy guidance' section. NEW PARAGRAPH 220: 'The revised Bathing Water Directive (2006/7/ EC) 7 was translated into Scottish Law by The Bathing Waters (Scotland) Regulations 2008 8 and requires the Scottish Environment Protection Agency ( SEPA) to take water quality samples throughout the bathing season (1 June to 15 September). The results of these sampling programmes are reported and made available to the public 9'.
Links for footnotes:
7: Bathing Water Directive [ http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32006L0007]
8: Bathing Water Regulations [ http://www.legislation.gov.uk/ssi/2008/170/contents/made]
9: [link to SEPA site http://apps.sepa.org.uk/bathingwaters/Index.aspx]		 To accommodate request.
185 The Plan needs to take account of the need for existing and future Scottish Water assets and safeguard against potential uses which could conflict with infrastructure needs. PARAGRAPH 226: Sentence added at the end of the paragraph 'Scottish Water note that the selection of shellfish harvesting sites should consider the location of sewage discharges and water quality information available from SEPA and FSS'. To accommodate request.
186 Reference to Scottish Environment Protection Agency's remit should be included. PARAGRAPH 216: Changed to '…three nautical miles by 2015. The Scottish Environment Protection Agency ( SEPA) is responsible for producing, and has a major role in implementing, the river basin management plans ( RBMP) for the Scotland and the Solway Tweed River Basin Districts ( RBDs) in co-ordination with a wide range of organisations with interests in the water environment. The RBMPs set out how river-basin planning.....' To accommodate request.
187 Page 88 - Paragraph 220 talks about the EU Shellfish Waters Directive and the link (7) below opens up the Directive 2006/113/ EC. Please note that The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013 replaced the repealed EC Directive 2006/113/ EC in December 2013. Link to Order http://www.legislation.gov.uk/ssi/2013/324/contents/made See change above with regard to updating references to legislation. To accommodate request.
188 Clarify what 'full assessment' means in the fourth bullet point of the policy text. None. A proposal for a development in the marine environment that requires an Environmental Impact Assessment would contain the information required for a full assessment of the likely effects.
189 The needs of the commercial fisheries stocks should be defined here in that all biological stages of commercial stocks as a source of human food should be protected. Food for humans should merit mention above wildlife and not just be categorised as in a 'range of other activities'. None. This issue is covered in Sectoral Policy 1.
190 Add the word 'activities' to the first sentence in the policy text. POLICY TEXT: Added 'The Plan will support development and activities….'. Consistency between policies.

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