Flapper Skate protection: NatureScot advice to the Scottish Government

Potential protection measures

We support working towards an MPA to provide permanent protection for flapper skate egg-laying habitat in the Inner Sound, however, we advise that an interim measure is required from 1 April 2021, to address the immediate risks from dredging highlighted above.

Either an Urgent MPA (supported by a Marine Conservation Order) or an Inshore Fisheries Order could provide the level of protection required for the interim measure. An urgent MPA could bring additional value to the area beyond that of an Inshore Fisheries Order, such as a greater awareness amongst licensing authorities, divers and those likely to anchor in the area, perhaps providing support for good practice.

An interim measure may have a different spatial extent to anything permanent, and could either protect an area around existing records (using an agreed buffer zone) but with a risk of missing egg-laying habitat, or take a more precautionary approach, encompassing a wider area of potential egg-laying habitat (based on interpretation of existing bathymetry and survey data). In light of our advice on national importance of this area, a precautionary approach is appropriate in our view. Following recent discussions, we have provided the requested mapped options to facilitate further discussion on the development of interim measures (see Annex 4). We think there would be value in considering the protection of other sensitive habitats in the Inner Sound (maerl beds and flame shell beds) in conjunction with the development of measures to protect egg-laying habitat. This will ensure a joined-up approach, especially when we engage with stakeholders (also highlighted in Annex 4).

We anticipate being able to provide the evidence and all associated advice documents to support consideration of permanent protection of the egg-laying habitat (including an assessment against the Scottish MPA selection guidelinesif that is required) by the end of June 2022.

This assumes:

• Survey work complete - Autumn 2021 (starting in Spring 2021)
• Analysis - June 2021 onwards (sequential, after each survey element to inform next stages)
• Preparation of advice documents - starting alongside analysis, from January 2022 onwards
• Internal review /sign off process - April - June 2022 (requiring at least 8 weeks)