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

I think that the paragraphs in Section 7 set out the principles very well

Noted. The Working Group welcomes the positive feedback.

Generically we agree with the guiding principles. We have some technical / financial concerns over the target of 100% renewable energy if taken as an absolute commandment at the cost of all else. Whilst these are sound principles we recognise that the application will result in compromises. By definition adding a new user to a shared marine space requires existing users to compromise on their use. We do not believe that commercial / revenue exploitation should be the only considerations when addressing these principles.

Noted.

These are all appropriate.

Noted.

We welcome that the 'creation of sustainable communities able to manage and use resources efficiently' will be a key aim underpinning the objective and policies included in the plan. The pilot plan must recognise that societal benefits associated with the commercial fishing industry are particularly heightened in remote, rural and island communities. As such, any development that results in the shrinkage of the industry will not be in accordance with the principle of sustainable development.

Noted. The sectoral policies will be developed so that the interests of commercial fisheries are taken into account in consent applications. The Proposed Commercial fisheries section and policy will be the key mechanism for identifying commercial fishing activities and minimising potential conflict with other marine users.

In line with the above, islands in particular require, because of their physical unconnected status as opposed to mainland linked coastal areas require, to retain the infrastructure and embedded skills within their populations that enable them to collectively to continue with a core ability to be self-sufficient in the event that external factors prevent food supplies in particular from reaching the islands from elsewhere. Increased dependence on external supplies which are a facet of modern-living undermines island sustainability which can easily be threatened natural events such as weather or man-made events such as conflict or industrial disputes.

Noted.

We would recommend including food security as another of the guiding principles of the plan. We must recognise that fish and shellfish are healthy and nutritious food sources which have a significant role to play in contributing to a healthy and balanced diet for our growing population. Global climate change is predicted to reduce the productivity of farmland and increase the volatility of global food supply. Achieving food security in Europe requires a focus on meeting our food demand from sustainable, local sources. Seafood is the largest sector of Scottish food exports; Scotland therefore has a well-established presence and market strength in the sector. In particular, products bearing the 'Orkney' brand are achieving international recognition as being of a high quality, sustainable standard. The plan should aim to build on this.

AP108: The role of commercial fisheries in supporting food security will be acknowledged in the relevant section of the Draft Plan. Climate change will be a policy area within the Draft Plan.

We support the inclusion of the sustainable development, the ecosystem approach, climate change, partnership working and stakeholder involvement, and supporting coexistence and multiple use as key principles to guide Plan development. However, we note that sustainable development is implicit in the ecosystem approach (as defined by the Malawi principles ²). Hence, one option would be to adopt the ecosystem approach as an overarching principle and sustainable development as a key cross-cutting policy area (see our responses below to cross-cutting policies).

^{2. With respect to the ecosystem approach, we suggest that you may find it helpful to examine the work carried out by SSMEI Clyde Pilot to inform application of the ecosystem approach to marine spatial planning - see http://www.clydeforum.com/images/stories/doc/ssmei/ecosystem-approach-marine-planning_key-findings.pdf}

It is acknowledged that there is significant overlap in the definition of sustainable development and the ecosystems approach. The Working Group also recognises that both concepts have separate definitions and statutory origins. Due to the sustainable development duty in the Marine (Scotland) Act 2010, it is considered appropriate that the sustainable development should remain a guiding principle.

We suggest that an additional overarching principle could be developed around the theme of "quality of life" to encapsulate safeguard of the wider natural (including landscapes and seascapes), historic and cultural heritage that contribute to the distinctive experience of living in the coastal zone within PFOW. This aspiration is implicit in the introductory text to the vision (8.1, and also in section 11.7 setting out policy context for biodiversity and natural heritage) but is not explicitly captured in the current overarching principles.

AP109: A Quality of Life / Well Being policy section will be developed in the Draft Plan.

Generally we consider the guiding principles and themes identified in this section as appropriate.

Noted.

We would suggest that meeting the requirements of the Water Framework Directive and associated River Basin Management Plan should also be a guiding principle.

Meeting the requirements of the Water Framework Directive and associated River Basin Management Plan will be acknowledged within the Plan's Water Environment policy.

AP110: Identify the relevant Water Framework Directive requirements for regional marine planning and address in the Water Environment policy of the Draft Plan.

No comments.

N/A

Scottish Water invests in Waste Water Treatment Works ( WWTW) and collection systems to meet regulatory and environmental requirements based on a number of criteria, including the status of the receiving waters for the final effluent or discharge. Once an asset has been built to meet regulatory standards, it should not be considered feasible for an incompatible activity, such as a shellfish farm, to be developed in the mixing zone.

Noted.

We recommend that the location of incompatible activities is given equal consideration as compatible activities. The development of an incompatible activity near an established legitimate activity, such as a licensed discharge, may lead to requests for enhanced levels of treatment beyond that agreed and set out in the licence; resulting in additional costs in terms of carbon and financial cost.

AP111: Scottish Water will be consulted to identify the factors that will be taken into account when determining the compatibility of particular activities in relation to water quality. Any potentially incompatible activities in proximity to licensed discharges etc. should be identified at individual project level.

Agree

Noted.

In the Framework the Echo System Approach is defined as

Noted.

The Act incorporates the ecosystem approach, a concept that is now widely used by international, EU governments and institutions and conservation groups.

The Scottish Government publication Sustainable Seas for All defines the Ecosystem Approach as an ' integrating and managing the range of demands placed on the natural environment in such a way that it can indefinitely support essential services and provide benefits for all'.

In the Consultation Paper the definition is

7.3 The Convention on Biological Diversity ( CBD COP, 2000, V/6) defines the Ecosystem Approach as:

" A strategy for the integrated management of land, water and living resources which promotes conservation and sustainable use in an equitable way."

These two definitions can mean different things in that equitable meaning fair or just does not necessarily mean "benefits for all". This needs to be corrected to which ever meaning you wish it to be.

AP112: Provide a clear definition of the ecosystems approach in the Draft Plan.

These are all appropriate.

Noted.

We welcome that the 'creation of sustainable communities able to manage and use resources efficiently' will be a key aim underpinning the objective and policies included in the plan. The pilot plan must recognise that societal benefits associated with the commercial fishing industry are particularly heightened in remote, rural and island communities. As such, any development that results in the shrinkage of the industry will not be in accordance with the principle of sustainable development.

Noted. The sectoral policies will be developed so that the interests of commercial fisheries are taken into account in consent applications. The Proposed Commercial fisheries policy will be the key mechanism for identifying commercial fishing activities and minimising potential conflict with other marine users.

RYAS agrees with the guiding principles and themes. Supporting coexistence and enabling multiple use of marine space is especially important in our view and we would be happy to contribute to the development of this. We note that the current Scottish Planning Policy encourages the sharing of facilities between aquaculture and recreation where possible and the RYA/ RYAS response to the current SPP consultation suggests widening the scope of this to other marine activities.

Noted.

We welcome the guiding principles and themes and are pleased to see that close engagement with local organisations and communities will be encouraged.

Noted.

7.8 appears to imply that certain areas would be reserved for certain activities. This should not be the case. All development in the marine environment should be considered on its own merits irrespective of the type of development that is proposed. This leads to a more thorough consultation process at the application stage, rather than some sectors appearing to be frozen out. Designating areas gives the appearance that a particular sector already has a foot in the door.

Noted. Promoting coexistence is the key principle supporting Guiding Principle 5 in the PIOP.

AP113: Agreed that further clarity is needed. Emphasis promoting coexistence and multiple use of marine space in Guiding Principle 5 in the PIOP (Supporting coexistence and enabling multiple use of marine space).

We welcome the guiding principles and themes and are pleased to see that close engagement with local organisations and communities will be encouraged.

Noted.

Although it is not our understanding that the intention of theme 5 (7.8) is to promote certain activities in specific areas whilst excluding those activities in other areas, we are concerned that the wording of this theme could be interpreted so as to support the creation of exclusion zones for activities including paddlesport.

Noted. Promoting coexistence is the key principle supporting Guiding Principle 5 in the PIOP.

AP114: Agreed that further clarity is needed. Emphasis promoting coexistence and multiple use of marine space in Guiding Principle 5 in the PIOP (Supporting coexistence and enabling multiple use of marine space).

In relation to partnership working and stakeholder involvement, it is important to work with more than local organisations and communities. Please see our answer to question 3.

Noted.

See response to question 9 below.

Noted.

We welcome and support the guiding principles and themes presented in Section 7. Seeking to support the aims and principles of sustainable development through implementation of the MSFD is key to ensuring successful management that meets the needs of the local area whilst protecting and enhancing the marine and coastal environment.

Noted.

Principle 3 - Climate Change

The focus on marine renewable energy technology is one element which the plan seeks to contribute towards reducing climate change impacts. However, the Plan can and should also play a crucial role in establishing a framework for adapting to the effects of climate change. Flexibility and adaptability must be built into the plan to ensure the challenges posed by climate change are identified and detected early and responded to in a manner that protects the environment, increases its resilience and where possible enhances its integrity. This approach will support the aims and objectives of the MSFD.

AP115: Principle 3 in the PIOP (Climate Change) will be developed further in the Draft Plan to highlight the importance of adapting to climate change and building in flexibility and adaptability into the Draft Plan objectives and policies. Climate change will be a policy area within the Draft Plan.

Principle 5 - Co-existence

This could be extended to consider co-location in terms of human activities within designated natural heritage sites. This is particularly relevant to marine renewables and is important in ensuring projects are sited in the least sensitive areas. Establishing clear guidance on which activities may be compatible with which designation will offer greater clarity and environmental protection.

This approach requires research and monitoring to help define compatibility. In some cases potential environmental impacts of devices and activities may not be well understood. However, as further information becomes available this should inform future iterations of the plan.

It would be difficult to provide robust guidance on the compatibility of human activities with designated site conservation objectives at the strategic level of developing a marine spatial plan. Only with the details of a particular project ( e.g. the technology, array layout) would it be possible to accurately consider compatibility issues within designated sites. It is proposed that the Draft Plan will set out the key considerations that will be taken into account when assessing a S36/marine licence application within a designated site or developments that could impact upon the conservation objectives of a designated site.

AP116: Set out the framework for monitoring and reviewing the implementation and effectiveness of the pilot marine spatial plan in the Draft Plan. This work will likely be taken forward by the subsequent Marine Planning Partnerships.

Yes, agreed. The Council particularly welcomes the inclusion of Sustainable Development amongst the guiding principles and themes and the recognition within that of the need to support economic growth and job creation whilst ensuring environmental protection. However, the Plan could refer more overtly to the sectors which it is anticipated will be seeking significant growth within the Plan area (or outwith the Plan area but dependent upon marine facilities such as ports and harbours within it) and to the importance of accommodating growth. This is particularly relevant given the context of other work already undertaken or in progress to plan for these sectors, for regeneration and for a post-Dounreay economy, such as: the work of CNSRP, the John O'Groats Masterplan, Harbour expansions, Scrabster Enterprise Park, and Call for Sites for land for employment uses to support marine renewables sector in North Highland.

Noted. Table 9.1 of the PIOP identifies key sectors and their aspirations for growth. This sectoral information, and the consultation responses to this anticipated growth, will inform the development of the Draft Plan Sectoral Policies.

We support the guiding principles as set out in section 7. Principle 3 should also contain reference to the Scottish Government's own climate change targets as introduced under the Climate Change (Scotland) Act 2009 and the Scottish Government's energy decarbonisation target as proposed in the offshore wind route map and set out in 'Meeting the Emissions Reductions Targets 2013-2027: The second report on proposals and policies' ( RPP2).

AP117: Climate change will be a policy area within the Draft Plan.

We support the guiding principles and themes in Section 7. Under climate change there we seek assurance that adaptation to climate change will be included as a guiding principle alongside mitigation - a requirement on Ministers and public authorities under the Marine (Scotland) Act.

AP118: Climate change will be a policy area within the Draft Plan.

We fully endorse the ecosystems-approach to marine planning and believe it should be aimed at achieving ecological objectives that maintain or restore (a) native species diversity, (b) habitat diversity and heterogeneity, (c) populations of keystone species and (d) connectivity.

AP119: Consider these stated objectives when defining and delivering the ecosystems approach in the Draft Plan.

Question 8, Page 29

SPR agree with coexistence as a principal; however, we cannot agree with coexistence in relation to specific developments until the management measures being proposed are fully set out and the implications of coexistence are fully known.

Noted.

The importance of providing a supporting electricity transmission network sufficient to enable the realisation of Scotland's ambitious renewable generation target should be a guiding principle.

We acknowledge the importance of providing an electricity transmission network to enable the growth of the renewable sector. Sector specific aspirations will be addressed within the Draft Plan. The electricity and telecommunications infrastructure policy in the Draft Plan will specifically addresses the importance of developing electricity infrastructure to support the development of marine renewable energy projects.

AP120: Emphasise the importance of developing the electricity transmission network within the Draft Plan's proposed policy on electricity infrastructure.

(i) Yes (ii) No

Noted support for Guiding Principle 1.

Guiding Principle 2, delivering an Ecosystems Approach to marine management is supported through the MSFD and the Draft National Marine Plan.

Comments in Question 19 box.

Noted.

Comments in Question 19 box.

Noted.

It will destroy the natural habitat and the views of the North East coast.

Noted. It is unclear exactly what is being referred to with regards the proposed Guiding Principles. It is therefore difficult to provide a specific response.

HIE would encourage Marine Scotland to ensure the guiding principles for all themes are adhered to but paying particular attention to 7.1 - Sustainable Development.

Noted.

Comments in Question 19 box.

Noted.

The principles and themes laid out in section 7 are missing any reference to the public right to fish established in statute, which is an essential defence for an important food producing industry.

A right (or entitlement) to fish has been developed through common law (or case law) but is not an absolute right and can be subject to statutory restriction. Any development that is likely to have an impact on fishing would require the developer to liaise with fishermen using that area and take their concerns into account. Objections raised would be noted in the recommendations to Ministers to inform their determination decision. Fishermen would have the opportunity to raise issues during the consultation process for developments and, if necessary, a liaison group would be set up to help resolve issues between the developers and fishermen. For the renewables industry there is guidance in place to assist this process: the Fishing Liaison with Offshore and Wet Renewables ( FLOWW) Best Practice Guidelines.