1. Anne Marie O’Hagan MaREI Centre, Beaufort Building, ERI, UCC L AW AND THE E NVIRONMENT 2016, 21 ST A PRIL 2016 Maritime Spatial Planning as a Novel Solution to Management of Marine Space

2.  Tourism  Oil &Gas  Coastal Defence  Ports & Navigation  Military Activities  Culture  Conservation  Dredging & Disposal  Submarine Cables  Fishing  Renewable Energy  Marine Recreation  Mineral Extraction  Mariculture  Land use

3. Maritime Spatial Planning (MSP) “Marine spatial planning is a public process of analyzing and allocating the spatial and temporal distribution of human activities in marine areas to achieve ecological, economic, and social objectives that usually have been specified through a political process. Characteristics of marine spatial planning include ecosystem-based, area-based, integrated, adaptive, strategic and participatory” (UNESCO, 2009). MSP is an international movement – progress in many coastal States: Australia, China, USA and Europe. EC rolled out pilot projects in regional sea areas – European Atlantic, Baltic and North Seas. Different agendas and drivers.

4. UN Law of the Sea Convention Maritime jurisdictional zones Rights and interests of coastal States, flag States and port States Freedom of navigation Regional Conventions EU Law and Policy MSFD and WFD Common Fisheries Policy Environmental Assessment Directives Nature conservation Directives Integrated Coastal Management Blue Growth, Atlantic Strategy, etc. Relevant Legal Instruments

5. Integrated Maritime Policy (IMP) 2007 – MSP identified as a key instrument Roadmap for Maritime Spatial Planning: Achieving Common Principles in the EU (COM(2008) 791) – Identified ten principles for MSP EU Action on MSP 1.Apply MSP according to area and type of activity 2.Define objectives to guide MSP 3.Develop MSP in a transparent manner 4.Stakeholder participation 5.Coordinate within Member States – simplifying decision processes 6.Ensure the legal effect of national MSP 7.Cross-border cooperation and consultation 8.Incorporate monitoring and evaluation in the planning process 9.Achieve coherence between terrestrial and maritime spatial planning 10.Strong data and knowledge base 1.Apply MSP according to area and type of activity 2.Define objectives to guide MSP 3.Develop MSP in a transparent manner 4.Stakeholder participation 5.Coordinate within Member States – simplifying decision processes 6.Ensure the legal effect of national MSP 7.Cross-border cooperation and consultation 8.Incorporate monitoring and evaluation in the planning process 9.Achieve coherence between terrestrial and maritime spatial planning 10.Strong data and knowledge base

6. Became DIRECTIVE 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for Maritime Spatial Planning Establishes a framework for MSP aimed at “promoting the sustainable growth of maritime economies, the sustainable development of marine areas and the sustainable use of marine resources” Defines MSP as “a process by which the relevant Member State’s authorities analyse and organise human activities in marine areas to achieve ecological, economic and social objectives” EU MSP Directive [1]

7. Applies to marine waters of Member States Means the waters, the seabed and subsoil as defined in of Article 3 of MSFD and coastal waters as defined in Article 2 of WFD and their seabed and their subsoil. Does not apply to coastal waters that fall under a Member State’s town and country planning system Does not interfere with member States competency to design and determine the extent and coverage of maritime spatial plans Does not affect sovereign rights and jurisdiction over marine waters which derive from international law Must be transposed by 18 September 2016 Maritime Spatial Plans must be established by 31 March 2021 EU MSP Directive [2]

8. Member States now have to establish and implement MSP Consider economic, social and environmental aspects Apply an ecosystem approach Promote the coexistence of relevant activities and uses Possible activities/uses include: Fisheries and aquaculture Energy infrastructure Maritime transport routes Military training areas Conservation sites Scientific research Submarine cables and pipelines Tourism and underwater cultural heritage EU MSP Directive [3]

9. Article 6: Minimum requirements Take land-sea interactions into account Take environmental, social and economic aspects into account Promote coherence between MSP and other processes Ensure the involvement of stakeholders Organise the use of best available data Ensure transboundary cooperation Promote cooperation with third countries Article 7: Land–sea interactions ‘Member States may use other formal or informal processes, such as Integrated Coastal Management’ EU MSP Directive [4]

10. Planning approach Integrated, inter-linked and ecosystem- based Extension of territorial planning system or Separation? Administration and enforcement Existing authority or new authority? Top- down or bottom-up? Sectors Marine renewable energy, etc. Tools Zoning Regulations Priority mapping / strategic objectives Novelties of MSP Marine environment Not just activities Multi-dimensional Mobile species Wider impacts Cumulative impacts Distributional impacts Equity-based

11. Not all countries have a formalised MSP system Little consideration of MRE in MSP or equivalent to date Limited demand for marine space in certain jurisdictions Scientific data to support MSP needs strengthening – MRE data limited to availability of the physical resource Cumulative impacts remain problematic Conflicts dealt with on a case-by-case basis Rare to have allocated MRE zones Restrictions on MRE development commonly due to conservation and military uses Sectoral Example: Marine Renewable Energy

12. Example: Spatial Plan of German North Sea EEZ Federal Maritime and Hydrographic Agency, Hamburg. 2009. Available from: http://www.bsh.de/en/Marine_uses/Spatial_Planning_in_the_German_EEZ/index.jsp

13. Principles - Marine Environment Law and Marine Spatial Planning (1999), as amended, enacts the principles of the Marine Spatial Planning process Procedure - Royal decree establishes the procedure for the adoption of the Marine Spatial Plan (Nov. 2012) What necessitates MSP? Based on what information? After consultation with whom? For how long? etc. Adoption - Royal decree to adopt the Marine Spatial Plan (March 2014) Example: MSP in the Belgian EEZ

14. Example: Priority mapping, UK

15. Example: Strategic Objectives, Ireland

16. Ireland’s Marine Area

17. Transposing Regulations published in April 2016 EU (Framework for Maritime Spatial Planning) Regulations 2016 MSP will cover: Coastal waters of the State Foreshore EEZ Areas currently designated under the Continental Shelf Act, 1968 Minister for the Environment, Community and Local Government is the competent authority Provision to nest policies, plans, programme, licences, consents and regulations with MSP so as to ensure compliance Coordination across North-east Atlantic marine region Open for public consultation until Friday, 6 May 2016 Progress in Ireland

18. MaREI-Government Project MaREI-Kosmos Project Review existing distribution and abundance data, address gaps through sea surveys and identify ‘hotspots’ for use in site selection and consenting MaREI-RSK Project Marine mammal monitoring in Broadhaven Bay, Co. Mayo to detect disturbance impacts MaREI-Shell Project Support decision-makers with a better understanding of how to drive transformative change in order to successfully harness energy from the ocean Provide robust scientific knowledge on occurrence and ecology of protected species along the Irish Atlantic Margin Funded by: Shell E&P Ireland Role of Scientific Research

19. Accommodating the multi-dimensional nature of the marine environment? How to best cope with mobile and fixed uses? Temporal influence? Building capacity – who are our marine planners? Institutional capacity? Balancing ecosystem and economic objectives Transboundary aspects: cross-border and shared sea environments Implementation and adaptive management Do we have sufficient monitoring to allow for adaptive management? Data? Emerging Challenges

20. MSP is not a static map – it is a dynamic process that should be, adaptable and able to incorporate change / uncertainty. Renewed policy and development focus on the marine will increase pressure on that environment and its resources which could result in increased conflict. Nationally there is a need to focus on the coexistence and conflicts elements – sectoral policies should no longer be developed in isolation. Need a measured, integrated and transparent approach to develop the framework with in-built mechanisms to involve all stakeholders and to convey progress of, and outcomes from, the process. Need to think about the social and distributive impacts as well as how to evaluate technical performance. Concluding Remarks

21. “Unlocking the potential of our marine and renewable energy resources through the power of research and innovation” Thank you