Flapper Skate protection: NatureScot advice to the Scottish Government

Urgency of protection

There are a number of uncertainties relating to consideration of the protection required for flapper skate egg-laying habitat at the Red Rocks location in the Inner Sound. These are described below.

The records of egg-laying habitat relate to discrete locations around the Red Rocks. It would be possible to define an extent around these locations which would provide protection to the known habitat. However, current survey effort is limited and without additional survey work, we cannot be certain as to whether the egg-laying habitat is more widely distributed in this part of the Inner Sound. Our view is that there is potential for this given the nature of the habitat present in the Inner Sound (cobbles and boulders/bedrock adjacent to deeper water). We think that is possible to define an area to provide protection on an interim basis for known records but we would not have confidence that this would encompass the full extent of the egg-laying habitat that may require protection in the longer-term (see Potential protection measures sections for details of proposed options for further discussion).

In our previous advice, we identified scallop dredging activity to be the most relevant potential threat. We don't have a clear picture of this type of fishing activity or of others such as the use of static nets - in terms of distribution or intensity - to be able to quantify the levels of risk to the known egg-laying habitat. The lack of understanding of the habitat extent prevents us from providing advice on the potential exposure of as yet 'unmapped' habitat. As outlined above, the more rugged, boulder-dominated examples of egg-laying habitat likely offer a degree of protection from activities including dredging. It is also unclear if egg-laying habitat extends beyond the more rugged habitat, in which case it would be more at risk to abrasion and siltation pressures.

Flapper skate eggs in the southern Inner Sound will be afforded protection from towed, bottom-contacting fishing activity until 1 April 2021 by the existing seasonal closure (SSI 435, 2015). Fishing may take place annually between 1 April - 30 September and during this period, there is potential for damage (both directly and indirectly) to egg-laying habitat.

Currently, through the licensing route, we provide advice to Public Authorities on the sensitivities of PMFs and the potential for developments and activities to impact on their national status in accordance with National Marine Plan policy. Flapper skate (encompassing all life stages) are on the PMF list and given the importance of this location we would advise that impacts to egg-laying habitats would cause a significant impact to flapper skate national status.

Other unlicensed activities with the potential to impact flapper skate eggs, including anchoring and recreational diver collection or handling, may occur in the Inner Sound (Annex 2). Further information on frequency and intensity of these activities would help our understanding of the potential risks and any longer-term management requirements. We recommend that interim measures to help mitigate these potential impacts should be pursued.

We don't believe evidence of damage at a specific location is necessary to justify adopting spatial protection measures. We have identified risks to the flapper skate egg-laying habitat and our risk-based approach to our advice is consistent with the approach we have taken previously, for example, in considering management of fishing activity within existing MPAs.