Highly Protected Marine Areas - policy framework and site selection guidelines: strategic environmental asessment

5 Results of the SEA

5.1.1 The purpose of this section is to report the results of the SEA.

5.1.2 The designation of HPMAs will provide additional environmental protection over and above the existing MPA network, by establishing sites which will provide protection from all extractive, destructive or depositional activities including all fisheries, aquaculture and other infrastructure developments, while allowing other activities, such as tourism or recreational water activities, at non-damaging levels. As such, it is considered that the designation of HPMAs through the implementation of the Policy Framework and Site Selection Guidelines has the potential to lead to significant beneficial environmental effects.

5.1.3 A high level overview of the implications of the designation of the HPMAs on the environment, namely the Biodiversity, Flora and Fauna headline topic and component topics (see Section 3.2) and SEA objectives, is provided in this section.

5.1.4 As part of the assessment of reasonable alternatives which is a requirement of the 2005 Act, consideration has also been given in this section to the potential impacts that could arise from the implementation of a more stringent alternative management option that meets the aims of the HPMAs, for example increasing the number of marine activities that are not considered compatible with HPMAs and reducing the number of marine activities that are allowed at non-damaging levels.

5.1.5 As the location of proposed HPMAs have not yet been selected, it has only been possible to undertake an initial SEA at this stage involving a preliminary consideration of the type or nature of impacts that could arise from the future designation of HPMAs and restriction/limitation placed on activities within HPMAs. Once sites have been identified that are proposed for designation, an updated SEA will be undertaken which will include a more detailed site specific spatial assessment of the proposed sites and will quantify the scale/magnitude of potential environmental effects. This will include detailed consideration of the current nature/scale/intensity of existing activities and the baseline environment found within and near to the proposed HPMAs.

5.2 Environmental effects

5.2.1 The designation of HPMAs in Scottish waters is likely to have significant environmental effects on the environment through the exclusion or restriction of certain marine activities. The key potential environmental effects or impact pathways that are likely to arise from the implementation of the Policy Framework and Site Selection Guidelines for HPMAs are as follows:

• Potential benefits to marine biodiversity and the marine ecosystem;
• Potential spillover benefits beyond site boundaries;
• Potential adverse effects resulting from the displacement of activities from site boundaries into new areas and the intensification of activities in areas where these activities already occur; and
• Potential adverse effects as a result of the extension of any new cable or pipeline routes that need to avoid transecting HPMAs.

5.2.2 In generic terms, the adoption of the Policy Framework and Site Selection Guidelines and designation of HPMAs will result in overall beneficial effects on the overarching topic Biodiversity, Flora and Fauna and contribute to the achievement of the SEA objectives as the HPMAs will target the removal of damaging marine activities or restriction of marine activities to non-damaging levels. In other words, the HPMAs will remove a number of pressures and/or reduce their magnitude that currently, or might otherwise in the future, occur within site boundaries. This will allow for ecosystem recovery and biodiversity enhancement, including the recovery of PMFs, and the protection of blue carbon and critical fish habitats.

5.2.3 In turn, the change in pressures within HPMAs may also result in the potential for spillover benefits beyond the boundaries of the sites. One of the benefits of restricting certain harmful activities in sensitive areas is the potential spill over of marine species from protected areas into unprotected areas^[99]. Spill over occurs when there is a population surplus in the newly protected area and the carrying capacity of that area is surpassed. As the protected area cannot support all of the individuals present, a migration away from the more densely populated area will occur and this movement may be outwith the area of protection. This migration can result in a net increase in the number of marine species outwith the protected area^[100]. There is, however, variation in the level of effectiveness and scale of benefits that removal of an activity (e.g. fisheries closure) can have and these are site dependent^[101],[102]. The current conditions encountered within a site (e.g. current stock level, species present, nursery and spawning areas for those species, and level of fishing activity/pressure prior to exclusion/restrictions being implemented) need to be characterised in order to be able to undertake a detailed assessment of the potential for spill over benefits to occur.

5.2.4 In addition, the adoption of the Policy Framework and Site Selection Guidelines are likely to support the development of more effective Environmental Impact Assessments (EIAs). EIAs are required to be undertaken on regulated activities such as oil and gas activities or marine renewable developments. These assess the likely significant environmental effects of a project, including on current and proposed nature conservation sites. The evidence-based selection of proposed HPMAs and their subsequent designation will provide developers with a better understanding and appreciation of the marine ecosystem that needs to be protected. This greater clarity and confidence will help to ensure that developers undertake more effective EIAs for future developments. This in turn may reduce pressures associated with regulated activities that take place near to but outside the boundaries of the HPMAs.

5.2.5 Alternatively, developers may look to avoid progressing consented developments that have not been built and re-locating regulated activities some distance from HPMAs as they will require further assessment and the consideration of appropriate mitigation measures. The avoidance of development near to the HPMAs by potentially harmful activities would, therefore, result in future environmental benefits within and outside of the HPMAs.

5.2.6 Although a number of particularly vulnerable habitats and species are already protected as PMFs (e.g. maerl beds, flame shell beds), the designation of HPMAs will provide a greater level of certainty on the specific areas of the marine environment that are considered particularly sensitive and need to be avoided by any potentially damaging activities. This certainty could, therefore, provide some potential marginal environmental benefits in terms of avoiding any future risk of damaging these sensitive habitats and species and also helping to support their recovery.

5.2.7 HPMAs may overlap either fully or partially with some existing MPAs in order to maximise the conservation benefits associated with stricter management approaches (Section 2.2). HPMAs may also occur fully outwith existing MPAs. The overall environmental benefits may be potentially greater where HPMAs are located in areas outwith existing MPAs and are not subject to any existing conservation management, although this will depend on the biodiversity and ecosystem features being protected and their current value and condition.

5.2.8 The increased protection brought about by the HPMAs will also provide potential future benefits to the marine environment as they will restrict new activities that are prohibited or restricted from becoming established in HPMAs.

5.2.9 In terms of potential adverse environmental effects, the adoption of the Policy Framework and Site Selection Guidelines and designation of HPMAs will result in the displacement of certain marine activities and their associated pressures outwith the boundaries of the HPMAs. This could result in potential adverse environmental effects in other areas, where such activities are not managed. This includes the potential for transboundary effects to occur on EU Member States where activities are displaced outwith Scottish jurisdiction.

5.2.10 The designation of HPMAs may also result in future cable or pipeline routes being extended to avoid these protected areas. A longer cable or pipeline route is likely to involve a greater spatiotemporal scale of disturbance during installation, operation and maintenance which could potentially result in significant adverse environmental effects depending on the sensitivity of marine habitats and species outside the HPMAs that would be affected. There are a large number of marine cables that will be required in Scottish Waters in the near future, including areas earmarked for renewables development (such as ScotWind option agreement areas and INTOG areas). There may also be new pipeline routes for CCUS technologies. HPMAs will look to avoid these areas and associated cable or pipeline routes where they are known but in many cases these future routes are unknown (Section 2.3).

5.2.11 Overall, the environmental benefits of increased protection that will result from the designation of HPMAs are anticipated to be greater than the adverse impacts associated with displacement and longer cable or pipeline routes. The scale or magnitude of this impact will be assessed in detail for each HPMA that is selected and proposed for designation as part of a future updated SEA.

5.2.12 The overall impacts of HPMAs on the overarching topic Biodiversity, Flora and Fauna, in terms of their anticipated contribution to the achievement of the SEA objectives, is assessed at a qualitative level in 4.

Box 4 - Impact of HPMAs on SEA objectives

1. To protect and recover marine ecosystems, including species, habitats, and their interactions (Objective met)

Protection of marine species and habitats within HPMAs could contribute to the achievement of this objective by minimising or avoiding the disturbance and/or damage of marine species and habitats.

2. To maintain and protect the character and integrity of the seabed (Objective met)

Protection of marine species and habitats within HPMAs could contribute to the achievement of this objective by reducing or preventing destruction of the seafloor.

3. To avoid the pollution of the seabed strata and/or bottom sediments (Objective met)

Protection of marine species and habitats within HPMAs could contribute to the achievement of this objective by reducing or preventing the potential disturbance and re-settling of sediment-bound contaminants and reducing contamination from marine activities that are excluded or restricted.

4. To avoid pollution of the marine water environment (objective met)

Protection of marine species and habitats within HPMAs could contribute to the achievement of this objective by reducing disturbance of the seabed and potential for increased suspended sediment levels and sediment-bound contaminants in the water column and reducing contamination from marine activities that are excluded or restricted.

5. To maintain or work towards achieving 'Good Environmental Status' of the marine environment (objective met)

Protection of marine species and habitats within HPMAs could contribute to the achievement of this objective by minimising or avoiding pressures that could result in a change to quality elements used to assess ecological status under the WFD and environmental status under the UK Marine Strategy Regulations.

6. To preserve and enhance existing marine carbon stocks and carbon sequestration potential (objective met)

Protection of areas that include habitats that are blue carbon sinks due to their fixation and sequestration ability could contribute to the achievement of this objective by reducing or preventing damage of these habitats.

5.3 Reasonable alternatives

5.3.1 Further to the potential benefits afforded by the designation of HPMAs described in Section 5.2, a high level preliminary assessment of the potential environmental effects that might arise from a more stringent alternative management option has been undertaken. This is anticipated to result in a maximum level of potential beneficial and adverse environmental effects.

5.3.2 The exclusion of a greater number of marine activities from HPMAs, including those that are not considered to be at damaging levels, such as wildlife watching, navigation/transit by vessels, and anchoring/mooring for recreational purposes, may have some additional benefits on marine habitats and species within the HPMA and the wider marine ecosystem although these are likely to be limited particularly for activities that are considered to be occurring at non-damaging levels. Excluded activities are likely to be displaced to other areas outwith the HPMA boundary. The overall effect on the marine environment of excluding a greater number of marine activities, including those that are not considered to be at damaging levels in the wider region may be significant and will need to be assessed in more detail once HPMAs have been selected for designation and a site specific assessment can be undertaken.

5.3.3 In addition, there is potential for future benefits under a more stringent alternative management scenario from the prevention of the establishment of a larger number of marine activities in HPMAs.

5.4 Cumulative effects

5.4.1 There is the potential for cumulative effects to arise from the implementation of the Policy Framework and Site Selection Guidelines for HPMAs as a whole and also alongside other plans and programmes likely to be undertaken in Scottish seas.

Cumulative effects of the HPMAs as a whole

5.4.2 In terms of the combined effects associated with the designation of all HPMAs, the benefits would be additive, as a larger spatial area of marine habitat and associated species would be under greater protection. The designation of a larger spatial area also provides for potential inclusion of a wider range of species and habitats within the wider MPA network. The scale of the displacement of existing activities to other areas, where such activities are not managed, as a result of the HPMAs will also depend on the spatial area of the HPMAs and their overlap with existing or future potential marine activities that would be excluded or restricted. These assumptions will need to be confirmed once the proposed HPMAs have been selected and their geographic location is known so that the potential environmental effects can be assessed as part of a future updated SEA.

Cumulative effects of the HPMA with other plans

5.4.3 The designation of HPMAs will, together with the wider MPA network and existing protection measures, further benefit the overarching topic of Biodiversity, Flora and Fauna in Scottish waters and contribute to the achievement of SEA objectives.

5.4.4 The boundaries of the HPMAs that are selected could overlap with current MPAs, some of which could already have existing fisheries management measures (Phase 1 measures in inshore MPAs) or measures that are being proposed and considered for adoption (e.g. Phase 2 proposed measures in inshore MPAs, proposed measures for PMFs and proposed measures in offshore MPAs). These measures have been or are in the process of being assessed separately and have the potential for cumulative effects with the proposed HPMAs. The HPMAs will extend the exclusion of fishing activities to a number of other marine activities. The overall environment benefits are, therefore, likely to be greater than those associated with the proposed fisheries management measures for MPAs, with larger areas of habitat highly protected within Scottish Seas as a result of the HPMAs.

5.4.5 There may also be cumulative adverse effects on the environment from the displacement of activities resulting from other plans in-combination with the designation of HPMAs. These include the existing fisheries management measures and proposed measures which are currently under assessment and yet to be fully consulted upon (Section 3.6). In addition, other plans which could potentially interact with the proposed measures for offshore MPAs include wider marine spatial planning including the Crown Estate Scotland's first round of Offshore Wind Leasing in Scottish Waters (ScotWind), the Scottish Government's Sectoral Marine Plan for INTOG, National Grid Electricity System Operator's (ESO) Holistic Network Design (HND) under the Offshore Transmission Network Review (OTNR) and development and deployment of Carbon Capture, Utilisation and Storage (CCUS) in Scotland. All these other plans are currently under assessment and will be considered in the updated SEA that will be undertaken once the proposed HPMAs have been identified.

5.5 Mitigation and monitoring

5.5.1 Monitoring proposals will be considered in more detail as part of the updated SEA that will be undertaken once sites have been selected as proposed HPMAs. They are likely to focus on any significant adverse environmental effects that are identified by the SEA and on implementation of mitigation measures, where appropriate. Where possible, existing data sources and indicators will be linked with relevant indicators, to minimise resourcing requirements for additional data collection.

5.5.2 There are no anticipated significant adverse effects on the environment from the designation of HPMAs, with adverse effects related to displacement of fishing activity likely to be less than the environmental benefits of increased protection that will result from the designation of HPMAs. It is, however, expected that a monitoring strategy will be required to help address research priorities, such as:

• Understanding recovery from historic disturbance;
• Understanding the value of the HPMA for and effect on fish stock recovery;
• Enabling an enhancement of our understanding of the marine ecosystem;
• Understanding the role the HPMA plays at the ocean processes scale and the interaction between the physical, chemical and biological processes; and
• Acting as a resource against which EIAs can be evaluated.

5.5.3 This monitoring strategy will build on the monitoring that is currently undertaken at existing MPAs (i.e. seabed habitat surveys and fish community surveys). It will be developed through cooperation with the research community (including public sector bodies, non-governmental organisations and research institutions), in order to develop projects which address the research priorities above. Based on monitoring that is already undertaken at existing MPAs, it is expected that fish surveys will continue to be undertaken biannually and benthic surveys every 12 years.

5.6 Conclusion

5.6.1 The implementation of the Policy Framework and Site Selection Guidelines will lead to the identification and designation of HPMAs which will remove/avoid certain activities and reduce/limit other activities to non-damaging levels. This in turn could result in potential significant environmental effects and, therefore, the Policy Framework and Site Selection Guidelines are subject to SEA.

5.6.2 In summary, the implementation of the Policy Framework and Site Selection Guidelines will result in potential beneficial effects to the marine environment within the HPMAs, spillover benefits beyond the boundaries of HPMAs and potential adverse effects as a result of the displacement of any activities that are excluded or restricted, as well as from the extension of any new cable or pipeline routes that need to avoid transecting HPMAs. The displacement could be to new areas not previously affected by these activities or it could lead to the intensification of activities in areas where they already occur. The extension of any new cable or pipeline routes will have potential adverse effects associated with installation, operation and maintenance of a greater length of cable or pipeline.

5.6.3 In addition, the designation of the sites will provide developers and marine users with a better understanding and certainty of the specific areas of the marine environment that are considered particularly sensitive and need to be protected. In terms of regulated activities, this will help to ensure that developers undertake more effective EIAs that consider appropriate mitigation where necessary and, therefore, potentially reduce pressures associated with these activities in the vicinity of HPMAs. Alternatively, developers may look to site their projects some distance from the HPMAs to avoid undertaking further assessment and mitigation. This in turn would result in reduced harmful activities and potential environmental benefits within these sites.

5.6.4 The increased protection brought about by the HPMAs will also provide potential future benefits to the marine environment as they will restrict new activities that are prohibited or restricted from becoming established in HPMAs.

5.6.5 Overall, the environmental benefits of increased protection that will result from the designation of HPMAs for the overarching topic 'Biodiversity, Flora and Fauna' are anticipated to be greater than the adverse impacts associated with displacement and longer cable or pipeline routes. These environmental benefits will also contribute to the achievement of the SEA objectives.

5.6.6 In accordance with the 2005 Act, consideration has also been given to the potential impacts that could arise from the implementation of a more stringent alternative management option that meets the aims of the HPMAs. There may be some marginal benefits on marine habitats and species and the wider marine ecosystem associated with such an alternative option but the overall effect is unlikely to be significant.

5.6.7 In terms of the cumulative effects associated with the designation of all HPMAs, the benefits would be additive, as a larger spatial area of marine habitat and associated species would be protected. The designation of HPMAs, together with the wider MPA network and existing and proposed management measures, are likely further benefit the marine environment as larger areas of habitat will be highly protected within Scottish waters. There may also be cumulative adverse effects on the environment from the displacement of activities resulting from other plans that are currently under assessment in-combination with the designation of HPMAs.

5.6.8 As the location of proposed HPMAs have not yet been selected, an initial SEA has been undertaken at this stage. Once sites have been selected, an updated SEA will be undertaken which will include a site specific assessment of the potential environmental effects associated with the proposed sites alone and in-combination with other plans.