Proposal to designate Red Rocks and Longay as a Marine Protected Area: consultation analysis

3 Creation of a permanent MPA (Q1–3)

3.1 As noted in Chapter 1, the consultation paper set out the background to the urgent designation of Red Rocks and Longay as an MPA in March 2021 following the identification of flapper skate eggs, and the current proposal to designate the site as a permanent MPA. It outlined the conservation objectives in taking this step, the evidence and advice considered in recommending the permanent designation of the site, and the plans for managing and monitoring the proposed MPA. The consultation was accompanied by a set of documents providing full information on various relevant issues.

3.2 A series of five questions sought views on the proposal for permanent designation as an MPA and the plans for its implementation. This chapter presents an analysis of the three questions relating to the creation of a permanent MPA; the two questions relating to the management of the MPA are addressed in Chapter 4.

Creation of a permanent MPA (Q1)

3.3 Question 1 asked respondents for their overall view on whether they supported the designation of the site as a permanent MPA:

Question 1: Do you support the designation of Red Rocks and Longay as a permanent Marine Protected Area (MPA)? [Yes / No / Undecided / Don't know] Please explain your answer in the text box below.

3.4 All 61 respondents answered Question 1. Table 3.1 shows a high level of support for the designation of Red Rocks and Longay as a permanent MPA, with 57 out of 61 respondents answering 'yes' at Question 1. All the organisational respondents indicated support. Of the 4 individuals who did not indicate support, 2 answered 'no' and 2 answered 'don't know'.

Percentages do not total 100% due to rounding.

3.5 A total of 49 respondents – 17 organisations and 32 individuals – provided comments at Question 1.

Views supporting the designation of a permanent MPA

3.6 In general, both organisations and individuals welcomed the proposal to designate Red Rocks and Longay as a permanent MPA. Respondents gave several related reasons for their views:

• The site is an important breeding ground, providing an essential habitat for the critically endangered flapper skate.
• Protecting breeding / nursery areas is crucial to the future conservation of the species.
• The site is, as far as is currently known, unique in Scotland in terms of the number of flapper skate eggs laid there.
• It is important to protect the site from human activities that could have a negative impact on flapper skate and other priority marine features.
• The site complements the current Loch Sunart to the Sound of Jura MPA, which provides protection for adult flapper skate.
• Designation as an MPA would not only protect the flapper skate, but also other marine mammals, fish species and sea birds that use the area.

3.7 Some individuals and organisations also made more general comments. Specifically, they welcomed the Bute House Agreement, which commits to the designation of 10 per cent of Scotland's seas as Highly Protected Marine Areas (HPMAs). Some respondents expressed the view that 'over-fishing' is one of the causes of marine biodiversity decline, and that a move towards the use of low-impact fishing gear was urgently needed in Scotland's inshore waters. Some called for the creation of 'an ecologically coherent network of MPAs and good management of these' – ensuring protection from all damaging activities by humans.

3.8 Respondents from the fishing industry pointed out that the local creel fishing and diving sectors were initially responsible for identifying the flapper skate nursery, raising awareness of its existence, and advocating for its protection. This group noted that the fishing industry recognises the importance of protecting critically endangered marine species. However, they also expressed some concern about how the area will be managed and what impact this might have on local fishing.

3.9 Several environmental / conservation organisations made a range of additional points:

• It was considered that the creation of an MPA at Red Rocks and Longay does not address the principle of 'replication' in Scotland's MPA network.^[3] The Loch Sunart to Sound of Jura MPA provides protection for adult flapper skate, but if that site could no longer provide the necessary protection, Red Rocks and Longay would not replicate the function of protecting adult flapper skate. Rather, another site with adult flapper skate would require to be identified and included in the MPA network.
• There was a view that HPMA designation should focus on already altered or diminished sites. The point was made that Red Rocks and Longay should be designated an MPA because of the evidence about the features of this site. Thus, this site should be considered as separate from (and in addition to) the intention to designate 10 per cent of Scotland's waters as HMPAs.
• It was suggested that protection of the glacial seabed is important, not only because of the habitat it provides, but also because of its specific geodiversity interest.

Views opposing (or unsure about) the designation of a permanent MPA

3.10 Three of the four individuals who did not answer 'yes' at Question 1 provided further comments to explain their views. Points made by this group were that (i) it is irrational to ban all fishing methods from this area, and (ii) the evidence was unclear about whether egg-laying by flapper skate occurs in the same places every year. One respondent in this group thought that current and previous protection measures – in particular, the designated MPA at Loch Sunart to the Sound of Jura – were sufficient, given that (in their view) flapper skate can be seen in large numbers all around the coast of Scotland, not just on the north-west coast.

Scientific evidence (Q2)

3.11 Scientific advice in support of the permanent designation of the site was provided by NatureScot. NatureScot's advice was included within two documents that accompanied the consultation paper: the Detailed Assessment Against the MPA Selection Guidelines (DAAG) and the Data Confidence Assessment (DCA) of the scientific evidence. Question 2 asked respondents if they thought the scientific evidence presented supports and justifies the case for the designation of the site.

Question 2: Do you agree that the scientific evidence presented supports and justifies the case for the designation of the site? [Yes / No / Undecided / Don't know] Please explain your answer in the text box below.

3.12 Sixty (60) respondents answered Question 2. Table 3.1 shows a high level of agreement that the scientific evidence presented supports and justifies the case for the designation of the site, with 55 out of 60 respondents answering 'yes' at Question 2. Organisations were unanimous in their views on this issue. Among individuals, 38 out of 43 agreed and 3 disagreed (of the remaining two individual respondents, one answered 'undecided', and one answered 'don't know').

Percentages do not total 100% due to rounding.

3.13 A total of 42 respondents – 16 organisations and 26 individuals – provided comments at Question 2.

Views agreeing that the scientific evidence justifies MPA designation

3.14 As shown in the table above, all of the organisational respondents answered 'yes' to this question. In general, these respondents felt that the evidence presented regarding the 'presence, abundance, and distribution' of flapper skate eggs is robust and provides a 'very strong case' for permanent MPA designation. Some respondents noted that this evidence was initially gathered through citizen science efforts, and then subsequently verified by NatureScot.

3.15 Respondents also generally agreed that the evidence demonstrated the importance of the Quaternary of Scotland geodiversity features in providing a habitat for flapper skate egg-laying.

3.16 Some environmental / conservation organisations expressed concern about the proposed boundary for the Red Rocks and Longay MPA, suggesting that there have been observations of flapper skate eggs in nearby locations outside the proposed boundary. These respondents thought the site should be larger to protect adjacent spawning habitats.

3.17 Some environmental / conservation organisations also highlighted areas where they thought further research was needed. In particular they said:

• Further research is needed to understand how flapper skate use this site.

• Larger studies are needed to identify other sites critical for all stages of the flapper skate life cycle – and how to effectively connect the Red Rocks and Longay site to other sites used by juvenile and adult flapper skate within Scottish and international waters. Research into regional connectivity (for example, between Scottish and Irish waters) is needed to get a better understanding of how flapper skate use the entire region.

• Further surveys should be done to determine the extent of the critical habitat for flapper skate within this area. Surveys should follow best practice to mitigate adverse impacts on the features of the existing site and minimise disturbance to the species.
• A long-term monitoring strategy is needed to assess species distribution and population size over time.

3.18 Fishing industry respondents accepted that flapper skate eggs are highly sensitive to disturbance and require urgent protection. Some individuals noted that the long gestation period of flapper skate eggs provided a further imperative for designating the area as an MPA.

Views disagreeing that the scientific evidence justifies MPA designation

3.19 Those who answered 'no' or 'undecided' at Question 2 either said 'no' or 'don't know' at Question 1. This group expressed two related views: (i) they dismissed the evidence presented in the consultation paper, and (ii) they disagreed with the proposal to ban all fishing activities (including creel fishing) in the area, suggesting that this was not evidence-based.

Protected features (Q3)

3.20 Based on the advice provided by NatureScot, the draft Marine Protected Area Order included two proposed protected features for the MPA: (i) flapper skate, and (ii) the Quaternary of Scotland (moraines, crag and tails, and rock drumlins) which is important to the eggs of the flapper skate. Question 3 asked respondents if they agreed with these proposed protected features:

Question 3: Do you agree with the list of proposed protected features? [Yes / No / Undecided / Don't know] Please explain your answer in the text box below.

3.21 Sixty (60) respondents answered Question 3. Table 3.3 shows that, overall, a majority of respondents (48 out of 60) agreed with the list of proposed protected features. Individuals were somewhat more likely than organisations to agree. Amongst the organisational respondents, all the fishing organisations (4) indicated agreement, compared to 8 out of 13 environmental organisations.

* One individual who answered 'no' and one who answered 'don't know' made comments which indicated that they were strongly supportive of the list of proposed protected features. This suggests that they may have inadvertently ticked the wrong box at Question 3.

3.22 A total of 35 respondents – 15 organisations and 20 individuals – provided comments at Question 3.

Views supporting the list of proposed protected features

3.23 Among those who answered 'yes' at Question 3, some respondents (both organisations and individuals) simply reiterated their agreement with the list of proposed protected features and made no further comment.

3.24 Organisational respondents who explained their reasons for agreeing often echoed comments made at Question 1. Specifically, that:

• Protection of flapper skate egg-laying sites requires long-term management measures because of the low fertility of flapper skate and the length of time needed for eggs to hatch.
• The Quaternary of Scotland geodiversity feature is functionally linked to the flapper skate and provides crucial egg-laying habitat.
• Designation of this area as an MPA will also benefit other species using this habitat.

3.25 Individual respondents who gave reasons for their agreement at Question 3 made the following points:

• Both of the proposed protected features are sensitive to disturbance by humans, and the current evidence suggests that an urgent response is required.
• The proposal is proportionate: it will result in a small increase in restrictions on fishing as set against the preservation of a threatened fish species.
• The geodiversity of Scotland's inshore waters is unique and should be protected. Exploration of Scotland's geological heritage can contribute to a greater understanding of how ecosystems develop and change.

3.26 Some respondents – mainly environmental / conservation organisations and some individuals – agreed with the list of proposed protected features but wanted to see the boundary of the MPA enlarged to protect additional adjacent features. Specifically, they argued that the adjacent muddy seabed should be included within the MPA because of the association between such habitats and juvenile flapper skate and some adult flapper skate. Pointing to evidence of juvenile flapper skate bycatch in this area, they suggested that Nephrops fishing on the muddy ground adjacent to the proposed MPA should be limited to creel only, all year round (not just six months of year, as is currently the case), and that scallop dredging should not be permitted in this area at all. Alternatively, there was a suggestion that fishing vessels operating on the adjacent muddy ground in the Southern Inner Sound Protected Area should be required to remove tickler chains (i.e. chains that disturb the seabed and increase the chance of creatures being caught) to reduce bycatch.

3.27 This group made the point that the conservation of mobile species, like flapper skate, requires the creation of 'ecological corridors' which cover a range of habitats. They argued that the inclusion of adjacent areas would provide greater and more consistent protection for flapper skate; help recover marine biodiversity and ecosystem function more generally; and would avoid creating what they saw as a 'patchwork' of MPAs. They suggested that, in general, a more 'holistic' approach to designating MPAs was needed to protect all life stages of endangered species.

3.28 This group of respondents also made a second point – related to the protection of other features in the area, rather than specifically to the protection of flapper skate. In particular, they called for the Red Rocks and Longay MPA to be expanded to include adjacent maerl and flame shell beds (to the west of the proposed MPA boundary). At the same time, there was also a suggestion that any maerl and flame shell beds which lie within the current proposed MPA boundary should be monitored to evaluate the impact of the MPA on these features.

Views opposing the list of proposed protected features

3.29 Environmental / conservation organisations answering 'no' to Question 3 did so because they wanted to see the boundary of the MPA extended to include additional adjacent features. The views expressed by these respondents echoed the points made above (see paragraphs 3.26–3.28).

3.30 Of the seven individual respondents who did not answer 'yes' to Question 3 (i.e. they answered 'no', 'undecided', or 'don't know'), two made comments suggesting that they were strongly supportive of including the proposed protected features within the MPA. Of the remaining five, three made further comments. These respondents suggested that (i) fishermen had not been adequately consulted about the proposals related to the establishment of a permanent MPA, (ii) the proposals reflected a lack of evidence-based decision-making (particularly in relation to a proposed ban on all fishing – which, it was said, was not in line with NatureScot's advice), and (iii) the proposals would prejudice the interests of local creel fishermen. One individual noted that creel fishing generally takes place on soft ground, not on the hard boulder ground where the flapper skate eggs had been identified.