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

See comment above - information about natural seaweed stocks and/or the adoption, and implications of ( e.g. in sea area use terms), cultivated seaweed, often called Mariculture (this would be with a future horizon of say 10 years), should be included. As far as natural seaweed stocks are concerned, Orkney has probably the best and most concentrated stocks, within a finite area, in the whole of the British Isles. Going back 200 years, there was a substantial seaweed using industry on Orkney - that has long since gone, but the seaweed is still there and it is currently completely unexploited.

Noted. This will be considered in the development of the Draft Plan.

AP11: Seaweed will be considered under the aquaculture sector of the Draft Plan.

The strategy addresses environment, commercial / tourism exploitation and leisure use (generally from a revenue perspective) but does not seem to have a category relating to Local Amenity Use by residents.

AP12: The relevant section of the Draft Plan will be modified to include a Quality of Life / Well Being policy section and recreation policy section, which will help support local amenities.

The development of a comprehensive pilot marine spatial plan should also be based on an understanding of the locations of spawning and nursery grounds for Orkney's key commercial shellfish species. This is currently a critical gap in knowledge which places the sustainability of Orkney's fisheries at risk from marine developments.

Noted. A key aim of the Plan is to minimise risk to marine users in an environment of increasing development.

AP13: This gap in knowledge is noted and the Working Group will ensure that the results of research being carried out by Marine Scotland Science to map these areas are taken into account.

As highlighted in our response to the SEA Environment Report, we are concerned that insufficient reference is being made in the development of this Plan to the considerable wealth of information about the environment, and in particular biodiversity of the Plan area. Key aspects that should be included are: locations of seal breeding sites; use of the area by cetaceans; use of the area by breeding seabirds and wintering waterfowl; locations of proposed Marine Protected Areas; and, occurrence of Priority Marine Features. We have previously provided advice to the Working Group ¹ on key data sources with respect to these interests and are happy to assist further.

^{1. Including at the "Planning for the Edge" Workshop on 4}th May 2012 and at a meeting with James Green on 21st June 2012 as well as in subsequent e-mails.

These concerns are noted and the Working Group will include the suggested references.

AP14: The Working Group will include the suggested references and work with SNH to ensure their concerns are addressed. Many of these issues will be covered under the relevant Draft Plan sections, National Marine Plan Interactive and the Environmental Report.

Please also see our comments on the development of a landscape and seascape policy (response box 5)

Noted.

Through previous engagement we have already provided you with all the information we consider is relevant but please feel free to approach us if you consider there is other information we hold which may be helpful.

Noted.

No comments.

N/A

We consider that measures must be evidence based, proportionate and underpinned by scientific assessment.

The Draft Plan will be evidenced based and, where evidence is not available or limited, this will be made clear.

The location and static nature of our coastal assets is often supported by marine dispersion modelling, and it should be recognised that the mixing zones for final effluent discharges may not be compatible with certain other activities.

Noted. This will be considered in the Draft Plan.

It should be considered what size/level of activity it is necessary to record to inform a regional marine plan e.g. in Scottish Water's case, we would ask, would it be at same level as provided for the Scottish Marine Atlas?

This will be considered in the Draft Plan and your comments taken into account.

Consideration may need to be given to finding a balance between disclosures of asset positions and protection of those assets.

Noted. This will be considered when developing the Draft Plan.

Kayaking in these waters is a regular, but not well known, activity. Groups have had traditional access at small beaches and harbours which needs to be maintained.

Noted. This will be considered in the Draft Plan. Information will be collected during the Tourism and Recreation.

Groups on the water in Pentland Firth and Orkney waters include local clubs on day trips, organised parties on multi-day expeditions, Glenmore Lodge National Centre groups, and round Britain kayakers.

Noted.

These activities have been taking place for 40 years, co-existing with other users of the waters.

Noted. A key aim of the Draft Plan is to minimise risk to marine users in an environment of increasing development.

No comments.

N/A

The development of a comprehensive pilot marine spatial plan should also be based on an understanding of the locations of spawning and nursery grounds for Orkney's key commercial shellfish species. Further work also needs to be done to attempt to understand the tidal distribution of crustacean and bi-valve mollusc larvae during their free floating stage. This is currently a critical gap in knowledge which places the sustainability of Orkney's fisheries at potential risk from the deployment of marine energy devices.

Noted. A key aim of the Plan is to minimise risk to marine users in an environment of increasing development.

AP15: This gap in knowledge is noted and the Working Group will ensure that the results of research being carried out by Marine Scotland Science to map these areas are taken into account.

Orkney Sustainable Fisheries Ltd is currently engaged on a 4 year research project using Succorfish to track fishing patterns and movement of inshore fishery vessels. This is a well-resourced project with academic rigor and the outputs should have a bearing on how the PFOW pilot progresses. This type of project should be used to inform the MSP process (both in Pentland Firth and if there is a role out to other areas).

Noted. The results of this work will be taken into account during the development of the Draft Plan.

AP16: Ensure the results of the Succorfish project are taken into account in the development of the Draft Plan.

None that we are aware of.

Noted.

The forthcoming study on Tourism and Recreation is welcomed which we hope will address the identified knowledge gaps regarding recreational marine use in the PFOW, and look forward to being involved in the consultation as part of this.

Noted. This project will involve consultation with interested stakeholders and the Working Group will keep you informed as to progress.

It needs to be noted the quality of life benefits through recreation, particularly in remote coastal and rural areas such as Orkney, Caithness and Sutherland, cannot easily be measured and certainly we believe is not quantifiable in the same manner or correlates to economic measures already used.

AP17: Ensure that relevant stakeholders are consulted as part of the study on Tourism and Recreation.

AP18: A Quality of Life / Well Being policy section will be developed in the Draft Plan.

We look forward to being involved in the consultation as part of the forthcoming study on Tourism and Recreation which we hope will address the identified knowledge gaps regarding recreational marine use in the PFOW, which we understand is due for completion at the end of 2013.

Noted. This project will involve consultation with interested stakeholders and the Working Group will keep you informed as to progress.

AP19: Ensure that relevant stakeholders are consulted as part of the study on Tourism and Recreation.

We also put forward that the enhancement to quality of life through recreation, particularly in remote coastal and rural areas such as Orkney, Caithness and Sutherland, cannot easily be measured and certainly we believe is not quantifiable in the same manner or is necessarily correlated to economic measures of quality of life.

AP20: A Quality of Life / Well Being policy section will be developed in the Draft Plan.

We are working with RYAs on the development of their Facilities Strategy. Part of this work has involved an audit of all sailing facilities in Scotland, including for the Pentland Firth. RYAs would be happy to share this information with you to inform work in this area.

Noted. This information would be useful to develop the Draft Plan.

AP21: Contact Royal Yachting Association Scotland to request information on sailing facilities in Scotland.

No further information at present.

Noted.

No comments.

N/A

The Marine Spatial Plan should be informed not only by existing activities but also by those that are being planned. This includes, for example, current proposals for energy developments, electricity grid and ports/harbours which have yet to be built. It is noted that within the accompanying Environmental Report a number of assumptions have been made about planned developments going ahead ( e.g. see paragraph 4.4 of the Environmental Report).

Noted. The relevant section of the Draft Plan will be modified to improve clarity and be more comprehensive.

Additional information that may be relevant to take into account could include Landscape Character Assessments ( SNH), landscape capacity studies (by/for Councils e.g. to inform Onshore Wind Energy Supplementary Guidance) and citations relating to local/regional landscape designations (by/for Councils e.g. Highland's Special Landscape Areas). These may be able to inform the plan at a strategic issues and strategy level, rather than just informing consideration of individual proposals. See also our response in respect of Proposed Policy 3E (Landscape and Seascape).

Noted. These sources of information will be consulted and, if appropriate, used to inform the development of the Draft Plan.

AP22: Consider whether these sources of information could contribute useful information to the Draft Plan.

A further document that may be useful to refer to is The Crown Estate's "Pentland Firth and Orkney waters onshore infrastructure information note", and indeed other projects and publications under TCE's 'enabling actions' which are available at: http://www.thecrownestate.co.uk/energy-infrastructure/wave-and-tidal/pentland-firth-and-orkney-waters/enabling-actions/projects-and-publications/

Noted. These publications will be consulted.

AP23: Consider whether these sources of information could contribute useful information to the Draft Plan.

The Caithness & North Sutherland Regeneration Partnership works on a three-year Delivery Plan and a Vision for the area in 2020. Both of these documents would be relevant to the Plan. See www.cnsrp.org.uk

Noted. These publications will be consulted.

AP24: Consider whether these sources of information could contribute useful information to the Draft Plan.

There is a huge volume of research which could help with the development of the plan beyond the stage 2 studies. The paper states further information can be found in section 15 yet there does not appear to be a section 15. Inclusion of a full list of the data sets used to develop the plan would be useful.

This information was moved to section 14 but the updates to the references in the text were missed in the editing of the document.

In the absence of a full list of data sets used it is not possible to give a detailed answer to consultation question 2, however, we suggest studies listed in the Scottish Marine Renewables Research Group's Detailed Environmental Research Programme may be of use.

AP25: Include an updated list of data sources used to develop the Draft Plan.

It should also be recognised that the Scottish Government's survey, deploy and monitor policy technically remains in draft form, and the draft Marine Renewable Licensing Manual sets the context for the SDM policy.

Noted. Work on these documents is ongoing and will be taken into consideration during the development of the Draft Plan.

AP26: The ongoing work on the survey, deploy and monitor policy and the draft Marine Renewable Licensing Manual will be taken into account during the development of the Draft Plan.

No comments.

N/A

Question 2, Page 21

No mention is made of other external and internal sources of data. Ongoing works are being undertaken by developers and The Crown Estate within the PFOW SA, which may be or become available. Additionally, Marine Scotland has undertaken extensive cruises of the PFOW SA gathering geophysical, drop-down camera and sub bottom profiling data - all of which should be taken into account within the Draft Plan.

Noted. Table 5.1 on page 21 is referring specifically to stage 2 studies carried out by Marine Scotland to address knowledge gaps to inform the development of the Draft Plan. A comprehensive list of data sources are provided in Table 4.1 and Annex 3 of the SEA Scoping and Screening Report. This will be updated in the Draft Plan.

AP27: Include an updated list of data sources used to develop the Draft Plan.

There is a danger that the on-shore elements that will be required to support marine renewables in Orkney have not formed the basis of any study report cited in this plan. Aside from a single mention in one policy ( SD6) of the Proposed Orkney Local Development Plan, there doesn't appear to have been much work done in this area. It is hoped that this will not impact on development progress if the on-shore elements are to experience delay in the planning consenting process as a result of this.

Noted. Planning guidelines for the development of onshore infrastructure will be dealt with under relevant Local Development Plans and Supplementary Guidance where appropriate. The integrating coastal and marine development policy in the Draft Plan will help ensure that the assessment of onshore and offshore development is co-ordinated.

AP28: The relevant section of the Draft Plan will be modified to improve clarity and be more comprehensive.

The presumption against all marine fin fish farming on the north and east coasts of Scotland has no scientific basis or other justification and is outdated on any basis of logic. It derives from a policy decision based on Recommendation 61 of the Report of the Scottish Salmon Strategy Task Force (1997). That recommendation was made at a time when there were limited planning controls on fish farm development and it advised a precautionary position until such controls were instituted. Planning controls are now in place and it is illogical to prohibit the farming of all species of finfish. If the PFOWMSP is to truly support the growth of finfish aquaculture it must have a more appropriate policy which reflects the advances in fish farming technology, and in fish husbandry, already achieved over the past 20 years and those likely to be achieved within the plan period.

(See also the SSPO comments on the Scottish Planning Policy and the National Planning Framework Main Issues Report.)

Noted. The Draft Plan will be developed in line with current legislation, policy and guidance. The presumption against all marine fin fish farming on the north and east coasts of Scotland is an issue for Scottish Planning Policy and was also part of the National Marine Plan consultations and any representations in this regard made through the appropriate consultation processes will be taken into account.

Comments in Question 19 box.

Noted.

Comments in Question 19 box.

Noted.

Risk to diving sea birds and special importance of nesting peregrines on Dunnet Head.

Noted. Dunnet Head is part of the designated North Caithness Cliffs Special Protection Area ( SPA). The designation covers aggregations of breeding birds for a number of species, including the Peregrine falcon ( Falco peregrinus) and several diving species. Any development would therefore have to take this into careful consideration.

The paper states further information can be found in Section 15 however there does not seem to be a section 15 attached. It is difficult to give an answer in respect of not knowing what has already been used. HIE have recently commissioned Caelulum to review existing data and reports relating to economic impacts associated with development of the marine renewables sector and have a summary description setting out the importance of the growth of the sector and long term economic opportunities it offers to the UK. HIE are in a position to share this with Marine Scotland should you see fit.

Noted. This information was moved to section 14 but the updates to the references in the text were missed in the editing of the document.

AP29: Obtain the summary description from HIE.

Comments in Question 19 box.

Noted.

In addition to Scotmap data on fishing operations, the developers should take advice from MSS as to fish and shellfish spawning grounds, nursery areas and other potential areas of aggregation of fish stocks.

Noted. A key aim of the Plan is to minimise risk to marine users in an environment of increasing development.

AP30: This gap in knowledge is noted and the Working Group will ensure that the results of research being carried out by Marine Scotland Science to map these areas are taken into account.