The Red Rocks and Longay Nature Conservation Marine Protected Area (No. 2) Order 2021: Scottish Ministerial Order

Scottish Ministerial Order

Environmental Protection

Marine Management

The Red Rocks and Longay Nature Conservation Marine Protected Area (No. 2) Order 2021

Made: 8 December 2021

Coming into force: 16 December 2021

The Scottish Ministers make the following Order in exercise of the powers conferred on them by sections 67(1)(a), 68, 69(1), 74 and 79(1) of the Marine (Scotland) Act 2010 (2010 asp 5) and all other powers enabling them to do so.

In accordance with section 68(1) of that Act, the Scottish Ministers consider it desirable to make this Order for the purposes of conserving marine fauna.

In accordance with section 68(2) of that Act, the Scottish Ministers have had regard to the guidance prepared and published by them which sets out scientific criteria to inform their consideration of whether the area designated as a nature conservation marine protected area under this Order should be so designated.

In accordance with section 68(4) of that Act, the Scottish Ministers have had regard to the extent to which the designation of that area would contribute towards the development of a network of conservation sites.

In accordance with section 77(1) of that Act, the Scottish Ministers consider there is an urgent need to protect the area proposed to be designated (and so an urgent need to make this Order).

In accordance with section 79(5) of that Act (Section 79(5) was amended by S.S.I. 2019/55), the Scottish Ministers have had regard to any retained EU obligations (within the meaning of schedule 1 of the Interpretation Act 1978 (1978 c. 30. Schedule 1 was relevantly amended by paragraph 22 of schedule 8 of the European Union (Withdrawal) Act 2018 (c. 16) or obligations under international law that relate to the conservation or improvement of the marine environment.

Citation, commencement and duration in force

1. —(1) This Order may be cited as The Red Rocks and Longay Nature Conservation Marine Protected Area (No. 2) Order 2021 and comes into force on 16 December 2021.

(2) This Order remains in force until the end of 10 March 2023.

Interpretation

2. In this Order—

“co-ordinate” means a co-ordinate on the World Geodetic System 1984 Datum and co-ordinate reference system (Definitions of World Geodetic System 1984 Datum and coordinate reference system are available via EPSG Geodetic Parameter Registry as EPSG:6326 (World Geodetic System 1984) and EPSG:4326 (WGS 84 -- WGS84 - World Geodetic System 1984, used in GPS) respectively).

“mobile species of marine fauna” means a species of marine fauna with the ability to move freely between different locations that may be within, or outwith, the boundary of the Red Rocks and Longay MPA,

“MPA” means marine protected area,

“protected feature” has the meaning given by article 4,

“Red Rocks and Longay MPA” is the nature conservation MPA designated by, and described in, article 3 and schedule 1,

“supporting feature” means a relevant physical, chemical or biological condition and process within the Red Rocks and Longay MPA which supports the protected feature in achieving favourable condition.

Area designated​​​​​​

3.—(1) The area of the Scottish marine protection area described in paragraph (2) is designated as a nature conservation marine protected area, to be known as the “Red Rocks and Longay MPA”.

(2) The area is the marine area enclosed by the 26 boundary lines which are described in schedule 1, in each case by reference to—

(a) the co-ordinates of the points joined by the boundary line, and

(b) a topographical description of the boundary line.

(3) In paragraph (2) “marine area”, in relation to the area designated, means—

(a) any area of seabed or other land (whether or not covered by water) seaward of the mean low water spring tide within that area,

(b) all of the water covering any part of that seabed or other land.

Protected feature

4. The protected feature of the Red Rocks and Longay MPA is specified in schedule 2.

Conservation objectives

5.—(1) The conservation objectives for the Red Rocks and Longay MPA are that the protected feature—

(a) so far as already in favourable condition, remains in such condition, and

(b) so far as not already in favourable condition, be brought into such condition, and remain in such condition.

(2) In paragraph (1) “favourable condition”, with respect to a mobile species of marine fauna, means that—

(a) the species is conserved or, where relevant, recovered to include the continued access by the species to resources provided by the Red Rocks and Longay MPA for, but not restricted to, feeding, courtship, spawning or use as nursery grounds,

(b) the extent and distribution of any supporting features upon which the species is dependent is conserved or, where relevant, recovered, and

(c) the structure and function of any supporting feature, including any associated processes supporting the species within the Red Rocks and Longay MPA, is such as to ensure that the protected feature is in a condition which is healthy and not deteriorating.

Revocation

6. The Red Rocks and Longay Nature Conservation Marine Protected Area Order 2021(The Red Rocks and Longay Nature Conservation Marine Protected Area Order 2021 was made on 10 March 2021 and came into force the following day) is revoked.

MAIRI MCALLAN

Minister for Environment and Land Reform

St Andrew’s House,

Edinburgh

8 December 2021

Schedule 1

Article 3

Area designated – boundary lines

Boundary Line	Set of co-ordinates of points which the boundary line joins	Topographic description of boundary line
1.	A to B	Geodesic
2.	B to C	Geodesic
3.	C to D	Geodesic
4.	D to E	Geodesic
5.	E to F	Geodesic
6.	F to G	Geodesic
7.	G to H	Geodesic
8.	H to I	Geodesic
9.	I to J	Geodesic
10.	J to K	Geodesic
11.	K to L	Geodesic
12.	L to M	Geodesic
13.	M to N	Geodesic
14.	N to O	Geodesic
15.	O to P	Geodesic
16.	P to Q	Geodesic
17.	Q to R	Geodesic
18.	R to S	Geodesic
19.	S to T	Geodesic
20.	T to U	Geodesic
21.	U to V	Geodesic
22.	V to W	Geodesic
23.	W to X	Geodesic
24.	X to Y	Geodesic
25.	Y to Z	Geodesic
26.	Z to A	Mean low water spring tide

Where—

“A” is 57° 18.882¢ N, 005° 53.827¢ W,

“B” is 57° 19.016¢ N, 005° 54.215¢ W,

“C” is 57° 19.166¢ N, 005° 55.586¢ W,

“D” is 57° 19.264¢ N, 005° 55.739¢ W,

“E” is 57° 20.161¢ N, 005° 56.271¢ W,

“F” is 57° 20.001¢ N, 005° 58.726¢ W,

“G” is 57° 20.141¢ N, 005° 59.112¢ W,

“H” is 57° 20.318¢ N, 005° 59.111¢ W,

“I” is 57° 20.435¢ N, 005° 58.884¢ W,

“J” is 57° 20.519¢ N, 005° 58.331¢ W,

“K” is 57° 20.755¢ N, 005° 57.949¢ W,

“L” is 57° 20.905¢ N, 005° 57.194¢ W,

“M” is 57° 21.202¢ N, 005° 56.432¢ W,

“N” is 57° 21.367¢ N, 005° 55.923¢ W,

“O” is 57° 21.137¢ N, 005° 55.457¢ W,

“P” is 57° 20.773¢ N, 005° 54.834¢ W,

“Q” is 57° 20.446¢ N, 005° 55.108¢ W,

“R” is 57° 20.410¢ N, 005° 54.918¢ W,

“S” is 57° 20.340¢ N, 005° 54.766¢ W,

“T” is 57° 19.531¢ N, 005° 53.520¢ W,

“U” is 57° 19.031¢ N, 005° 52.695¢ W,

“V” is 57° 18.876¢ N, 005° 52.491¢ W,

“W” is 57° 18.644¢ N, 005° 52.434¢ W,

“X” is 57° 18.529¢ N, 005° 52.456¢ W,

“Y” is 57° 18.502¢ N, 005° 52.686¢ W,

“Z” is 57° 18.531¢ N, 005° 53.005¢ W.

Schedule 2

Article 4

Protected feature

Protected feature: Flapper skate (Dipturus intermedius)

Type of feature: Mobile species of marine fauna

Explanatory note

(this note is not part of the order)

This Order designates the Red Rocks and Longay area of the Inner Sound of Skye as a nature conservation marine protected area (“the Red Rocks and Longay MPA”), in order to protect flapper skate (Dipturus intermedius) and their eggs.

This Order is made on an urgent basis under section 77(1) of the Marine (Scotland) Act 2010. In accordance with section 77(1)(b) of that Act, this Order remains in force for a specified period, which is the period from 16 December 2021 until the end of 10 March 2023. In accordance with that section of that Act this Order must be reviewed by the Scottish Ministers after 6 months has elapsed from the date on which it comes into force to assess whether the Order is still required.

The Red Rocks and Longay MPA is designated by article 3 and described in article 3 and schedule 1. The protected feature of the Red Rocks and Longay MPA is specified in schedule 2. The conservation objectives for the Red Rocks and Longay MPA are stated in article 5.

The Red Rocks and Longay Nature Conservation Marine Protected Area Order 2021 is revoked by article 6. The provision made by that Order is re-made by this Order except for a change to the extent of the area designated as a nature conservation marine protected area.

Copies of an illustrative map of the Red Rocks and Longay MPA are available from Marine Scotland, Victoria Quay, Leith, Edinburgh, EH6 6QQ and online at gov.scot.

The Red Rocks and Longay Nature Conservation Marine Protected Area (No. 2) Order 2021: Scottish Ministerial Order

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