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

The protection of the natural environment, and note that that may include some developments over time which people might not like but it is nature taking its own course, should be a guiding principle for all. Economic activity can't overrule all considerations but any development with a clear and unacceptable detrimental effect should neither be allowed or encouraged

Noted.

The termed sustainable is used but without a proper definition is not a real scientific explanation. Every interference by man will impact the environment negatively. Either by actual damage or by upsetting the natural balance. Whilst some species may benefit it will may at the expense of others.

AP138: Provide a clear definition of sustainable development in the Draft Plan.

Only exploitation that has real benefits to society should be considered. We do not object to investors making profits from such exploitation as long as this is not the solely the motivation for the exploitation.

AP139: A Quality of Life / Well Being policy section will be developed in the Draft Plan.

Prior to allowing such investment it is key that the downstream ecological, environmental, archaeological etc. impacts are determined and properly explained; including the integrated impact across the region and between different users. If the scientific evidence is unreliable then staged development with on-going monitoring should be undertaken. Once this has been completed and deemed an acceptable level of damage for the benefit, the socio-economic impact on existing use needs to be reviewed. Where unacceptable compromise is needed by existing users this would also be grounds for rejection.

AP140: Consider the Scottish Government Survey, Deploy and Monitor Policy Guidance in the development of the Draft Plan. Also consider the Renewable Energy Policy, any potential socio-economic impact policy, policy developed to take account of existing users and the Draft Plan's monitoring framework.

We also recognised that some current users e.g. fishing practices may be doing more damage than some of the proposed new uses. Introduction of new users may require compromises from some users that overall could reduce the amount of damage.

Noted.

A healthy, functioning marine ecosystem is the foundation upon which many marine industries are based. The pilot plan should ensure that any development in the marine environment does not adversely impact on protected species or habitats or those with a commercial value.

Noted. These issues will be addressed through the development of the proposed commercial fisheries, nature conservation, protected species, biodiversity and geodiversity sections and be informed by the Environmental Report and the Habitats Regulation Assessment.

Key aspects include:

• Clear description of the natural environment within the Plan area and identification of the most important elements ( e.g. European sites and species, other natural heritage, including landscape, designations, Priority Marine Features etc) and of their sensitivities to various types of development or activity.
• Development of robust policies that clearly establish which aspects of the natural environment may constrain development and inform decision making with reference to associated legal requirements ( e.g. Habitats Regulations Appraisal).

AP141: Provide a baseline description of the current state of the marine environment in Plan area at the beginning of the Draft Plan.

Noted. The proposed scope of natural heritage related policies, along with the Environmental Report and the Habitats Regulation Assessment, are considered adequate to address statutory requirements and highlight potential constraints / sensitivities.

Provision of up to date spatial data ( e.g. via a GIS portal) on those aspects of the natural environment that will inform application of the policies and so affect decision making.

National Marine Plan Interactive will be used to support regional marine planning.

AP142: Liaise with SNH to source appropriate natural heritage related data including GIS.

Any proposals put forward in the Plan should not result in a downgrade in status of any associated water bodies. Not only would this be contrary to the requirements of the Water Framework Directive, but is likely to have negative consequences on other existing and proposed marine (and terrestrial) developments. For example the shellfish sector is reliant on good local water quality.

Noted. The Water Environment policy(s) will support protection of the status of water bodies.

When appraising each development proposal for inclusion in the Plan, consideration should be given to whether it presents an opportunity for any related restoration or enhancement and if so this should also be outlined in the Plan.

AP143: Consider potential for restoration or enhancement of water quality to be addressed in Water Environment policy(s).

No comments.

N/A

Scottish Water considers that high level policies of the relevant bodies should inform this and that the protection of the natural environment should be considered through statutory procedures, using an evidence based approach and regulated consistently across all sectors to ensure that projects are not held up during the planning and construction phase.

Noted.

The natural environment is a priceless asset which could be destroyed forever, so it must feature prominently in all plans. The strident clamour for "jobs" from many must not obscure the value of the area for fauna and flora. "Soundbites" must not divert attention away from real issues.

Noted.

Throughout the centuries the natural environment has been used for the support of mankind. At time it has been enhanced and is still enhanced again for the support of mankind eg the development of crops. The question is to what degree do we wish to protect or enhance the natural environment. Sand-eels were almost wiped out due to commercial fishing when they were being used for fertiliser. This caused untold damage in the bird population. In another part of this questionnaire you ask about sea weed cultivation. You need to look at every item individually and ask what will happen if we do this. For instance are salmon farms damaging the natural stock and the environment. If they are what do we do about it. This might be a case of if the wild stock is wiped out how do we get them back. Should commercial reasons override environmental ones?

Noted.

A healthy, functioning marine ecosystem is the foundation upon which many marine industries are based. The pilot plan should ensure that any development in the marine environment does not adversely impact on protected species or habitats or those with a commercial value.

Noted. These issues will be addressed through the development of the proposed commercial fisheries, nature conservation, protected species, biodiversity and geodiversity sections and be informed by the Environmental Report and the Habitats Regulation Assessment.

The plan should be consistent with the current MPA project, in which RYAS has been heavily engaged, and with other existing legislation, e.g. under the Water Framework Directive. Whilst RYAS understands that there may be a case for protection of other, locally important, sites in the future it is our view that any proposed designation would need to be based on robust scientific evidence together with a number of baseline principles. The MPA project, for example, was underpinned by a presumption of multiple use.

Noted. The requirements of the Water Framework Directive will be addressed in the Water Environment policy(s) in the Draft Plan.

MPAs, and multiple use, will be addressed in the nature conservation designations policy(s), or supporting text, in the Draft Plan. Guiding Principle 5 (supporting coexistence and enabling multiple use) highlights the importance of supporting coexistence and enabling multiple use of marine space.

There is currently no intention to identify additional locally important sites within the marine area i.e. below MLWS. In Orkney a suite of Local Nature Conservation Sites ( LNCS) have been identified through a robust assessment process. The LNCS that straddle the intertidal area will be included within the Draft Plan.

We would like protection of and accessibility to the natural environment to be upheld in the marine spatial plan. Paddlesport is a fantastic way for people to experience the diversity and beauty of the environment.

Noted.

We would like protection of and accessibility to the natural environment to be upheld in the marine spatial plan. Paddlesport is a fantastic way for people to experience the natural diversity and beauty of the PFOW environment. We endeavour to do this in an environmentally sensitive manner and have an Environmental Policy formulated in line with the Scottish Canoe Association advice document "Sea Kayaking - A Guide to Good Environmental Practice" incorporating the Scottish Marine Wildlife Watching Code.

Noted.

AP144: We will consider this information when drafting the Draft Plan.

It is important that an evidence based approach is taken. Decisions should not be based indefinitely on a precautionary approach and concerted efforts to remove uncertainty should be made. Assumptions should not be made on impacts and a full understanding of different sectors and their relationship with the natural environment should be developed. In addition it is important to realise that not the entire natural environment is necessarily important and some impacts can be allowed without any particular impact on overall quality. This said a high quality natural environment is integral to enjoyment of it and we support the need for positive protection and enhancement of the natural environment.

Noted. A large variety of data and research has been gathered to underpin the evidence base for the Draft Plan.

See response to question 13.

Noted.

The protection and enhancement of the natural environment should be integral facets of the marine spatial plan. Consideration should be made in the context of achieving good environmental status of the marine environment as per the aims of the MSFD. To achieve this, the ecosystem-based approach should be applied.

Noted. Guiding Principle 2 (Ecosystem Approach) highlights the importance of MSFD/the ecosystems approach in underpinning the marine spatial plan.

AP145: An updated schematic will show how the Draft Plan fits within other documents and policies.

Many of the features of the natural environment are subject of specific statutory requirements for the consideration of any impacts of development proposals upon them. Terrestrial plans ( e.g. LDPs) contain policies which reflect these requirements and it would be appropriate if consideration in the marine spatial plan were consistent with these.

Noted. The statutory requirements addressed in the adjoining LDPs have informed the policy issues identified in the Planning Issues and Options Paper. These will be addressed in detail within the Draft Plan.

Spatial information regarding existing protected areas and proposed MPAs should be contained in the plan. Any policies contained within the plan in relation to protected areas must be consistent with the legislative requirements of the particular designations and the plan's proposed policy to facilitate the sustainable development of the marine renewable energy sector. In particular the plan should be clear that designated areas, including Natura sites, do not necessarily mean 'no-go' areas for renewable energy development. All developments which may impact on protected sites must already meet the legislative requirements laid down in the relevant legislation before they can proceed.

Noted.

A146: The Draft Plan should explain that designated nature conservation sites are not 'no-go' areas for development.

The marine spatial plan also supports the 'wider seas' pillar of the Scottish Government's marine nature conservation strategy and to this end, the sectoral plans already take account of environmental sensitivities to ensure developments proceed in the most appropriate locations.

Noted.

A healthy marine environment underpins all the socio-economic benefits that we enjoy from our seas, including eco-system services such as climate regulation. As recognised by the Marine Atlas, climate change is one of the most pervasive threats to the health of the marine environment. The development of renewable energy, including offshore renewables, to support the decarbonisation of the electricity system is therefore key to any strategy aimed at the protection and/or enhancement of the natural environment and the plan should reflect this.

AP147: Climate change will be a policy area within the Draft Plan.

Scottish Minister's have a duty, when undertaking statutory marine planning in Scottish waters under the Marine (Scotland) Act, to further the achievement of sustainable development, including the protection and, where appropriate, enhancement of the health of that area. Utilising an ecosystems-based approach as per the MSFD the plan should be aimed at achieving and/or maintaining GES. As above the plan should further aim to achieve ecological objectives that maintain or restore (a) native species diversity, (b) habitat diversity and heterogeneity, (c) populations of keystone species and (d) connectivity.

AP148: Consider these stated objectives when defining and delivering the ecosystems approach in the Draft Plan.

Question 11a, Page 31

This is likely to be covered in other European legislation and the formation of the coherent network of MPAs in Scottish Waters. Therefore, reference should be made within the plan to these programmes.

Noted.

As a priority but without subjectivity being allowed to take precedence. Objections to development from a natural environment perspective must be based on fact. It is not enough to simply infer that as there might be an impact that it is automatically justified that a development must be prevented from proceeding. Evidence must be provided from both sides of the 'fence' to ensure that undue costs and delay are not allowed to proliferate as a result of an assertion of any unevidenced potential impact on the natural environment.

Noted.

Consideration of the marine environment should be given the same weight as economic and social considerations.

AP149: The Sustainable Development policy section will be drafted to ensure the economic benefits of existing economic activity, added value and new development proposals are assessed. Consideration will also be given to developing a policy to assess economic impacts.

Comments in Question 19 box.

Noted.

Comments in Question 19 box.

Noted.

Preserve and do not interfere with the wildness which has recovered after 2 World Wars.

Landscape and seascape issues will be addressed in the landscape and seascape policy in Draft Plan.

HIE believe a robust marine environment is the foundation for all the socio-economic benefits derived from the sea. It is imperative spatial information regarding existing protected areas and proposed Marine Planning Areas should be included in the plan.

Noted.

Comments in Question 19 box.

Noted.

The MSP should feature an integrated approach to economic use of the area which addresses protection of the Natural Environment. The SFF would agree that protection of the natural environment is important but would also stress the need to take into account the effects of any measures in the plan on the socio-economic structures of peripheral communities. [Comment in relation to 11b]

AP150: The Sustainable Development policy section will be drafted to ensure the economic benefits of existing economic activity, added value and new development proposals are assessed. Consideration will also be given to developing a policy to assess economic impacts.

Noted.