Flapper Skate protection: NatureScot advice to the Scottish Government

Conservation needs of flapper skate, taking account of relevant legislation and policy

Given the status of the flapper skate, as set out under the background sectionabove, there is a need to carefully consider the conservation needs of the species. We have considered in particular the requirements relating to:

• The Marine (Scotland) Act (the Act) including duties relating to the protection and enhancement of the health of the Scottish Marine Area, and to creating a network of conservation sites.
• The National Marine Plan (NMP) including the High-Level Marine Objectives and General Policy 9 associated with 'Living within Environmental Limits'.

The requirements relating to the Marine Nature Conservation Strategy and the Scottish biodiversity duty are not considered separately as we consider them to be effectively covered through consideration of the other legal duties and policies.

The limitations in terms of the evidence relating to the extent of the egg-laying habitat and the overlap with scallop dredge activity, discussed in other sections, make it equally challenging to draw firm conclusions in relation to fulfilment of the relevant legislative duties and policies. Based on our current understanding, we are advising that it is appropriate to give further consideration to spatial management of egg-laying habitat. Therefore our advice on conservation needs is focussed on the relevance of the legal duties and policy commitments and the potential for them not be met if no further action were taken.

• Duty relating to the protection and enhancement of the health of the Scottish Marine Area

Flapper skate has been listed as critically endangered since 2006 as a result of overfishing. Flapper skate remain absent from large parts of their former United Kingdom distribution, such as the Irish Sea and the North Sea, with the west coast of Scotland remaining a stronghold for the species. Although the flapper skate is a mobile species, spatial management is relevant to its conservation / recovery in at least two ways. Firstly, the adult skate show a significant degree of site fidelity (which informed the rationale for the Loch Sunart to the Sound of Jura MPA designation). Secondly, due to the species' use of specific habitat/locations for a key part of their life history (i.e. laying eggs) the protection of such critical habitat makes a material contribution to the recovery of the population. Therefore it is relevant to consider action relating to the protection of flapper skate egg-laying habitat in relation to this duty.

• Duty to create a network of conservation sites

There is currently one MPA designated for flapper skate which means that the guidelines relating to adequacy of the network have not been fully met. Therefore it is relevant to consider the contribution that a further MPA for flapper skate could make to the network. If an area in the Inner Sound were to be designated as an MPA, the two MPAs would be in relatively close proximity. From an ecosystem-based approach, there could be benefits to having an MPA for adult skate relatively close to an MPA for egg-laying habitat, and this would meet the linkages part of the assessment of adequacy as well the part relating to replication. However, the network would still not reflect the known geographic range and variation of flapper skate because both MPAs would be on the west coast of Scotland.

• High-Level Marine Objectives

The current status of flapper skate as a Priority Marine Feature and the fisheries provisions prohibiting landing of the species (in addition to the existing MPA discussed above), are undoubtedly contributing towards the conservation, recovery, and halting the loss of biodiversity through the positive impact on the population of flapper skate. Recent evidence (e.g. Rindorf et al. 2020) suggests that flapper skate are showing signs of recovery. The objectives also refer to viable populations of 'representative, rare, vulnerable and valued populations' all of which are applicable to flapper skate. However, the measures implemented to date focus on adult flapper skate, and do not address requirements in relation to the egg-case phase of their life cycle. Therefore it is relevant to consider these objectives in relation to the egg-laying habitat which, for a mobile species, is critical to the recovery of a population.

• National Marine Plan General Policy 9

The contribution to the health of the marine area is covered above. Therefore, our advice in relation to this policy focusses on whether or not use of the marine area would result in a significant impact on the national status of flapper skate as a Priority Marine Feature. Based on our understanding of the high density of egg cases recorded to date and subject to further evidence and assessment of the Red Rocks area, we consider that there is the potential for scallop dredge activity to have a significant impact on the national status of this PMF.