1. Possible future changes to the marine planning and management framework and implications for aquaculture John Hambrey SARF046 – Socioeconomic assessment of new and amended legislation on the cultivation of fish and shellfish species of current commercial importance.

2. www.hambreyconsulting.co.uk Some key developments which may affect aquaculture Marine spatial planning Marine spatial planning Natura 2000 series Natura 2000 series Additional marine designations (MPAs/NIMA) Additional marine designations (MPAs/NIMA) Local marine reserves Local marine reserves Species protection Species protection Others Others Water Framework and Marine Strategy Directive Water Framework and Marine Strategy Directive Marine Ecosystem Objectives Marine Ecosystem Objectives Coastal and Marine National Park (now less likely). Coastal and Marine National Park (now less likely).

3. www.hambreyconsulting.co.uk Scope? There are additional issues, but we feel this is more than enough……. There are additional issues, but we feel this is more than enough…….

4. www.hambreyconsulting.co.uk 1. Marine Spatial Planning Three key questions: Three key questions: The strength of the national and regional policy guidance The strength of the national and regional policy guidance The level of prescription of the national and regional plans The level of prescription of the national and regional plans Who/what makes consenting decisions Who/what makes consenting decisions ….or has greatest influence ….or has greatest influence

5. www.hambreyconsulting.co.uk Policy guidance A strong policy steer from SG or “Marine Scotland” for sustained growth of aquaculture? A strong policy steer from SG or “Marine Scotland” for sustained growth of aquaculture? Wording is crucial. Wording is crucial. Many ICZM type statements fudge the critical issue of how to decide the trade-off between competing interests – indeed often deny the need for any trade- off Many ICZM type statements fudge the critical issue of how to decide the trade-off between competing interests – indeed often deny the need for any trade- off

6. www.hambreyconsulting.co.uk Plans: how prescriptive? Range from: Range from: 1. information focused GIS + general sustainable development policy… to 2. strategic spatial guidance + strong spatially related objectives The first of these might be described as information enhanced version of current situation; The first of these might be described as information enhanced version of current situation; The second is much more radical and strategic The second is much more radical and strategic

7. www.hambreyconsulting.co.uk Who decides and how? Two dimensions: Two dimensions: Who decides content of the plan Who decides content of the plan RMO, but framed and approved by MS RMO, but framed and approved by MS Who drives the RMO? Who drives the RMO? Who makes final decision: licensing/consents Who makes final decision: licensing/consents Local authority, RMO, Marine Scotland? Local authority, RMO, Marine Scotland? Informed by policy and plan Informed by policy and plan

8. www.hambreyconsulting.co.uk Strategic…. Key issue is where the strategy enters the decision making process: Key issue is where the strategy enters the decision making process: At the planning stage? At the planning stage? At the consenting stage? At the consenting stage? And who has greatest influence at each stage And who has greatest influence at each stage

9. www.hambreyconsulting.co.uk i.e. multiple dimensions Exercise…..Can we come up with two or three most likely “combination” scenarios?

10. www.hambreyconsulting.co.uk 2. Natura 2000 Significant numbers of farms in or near existing sites Significant numbers of farms in or near existing sites In nearly all cases aquaculture listed as potentially affecting designated features and associated conservation objectives In nearly all cases aquaculture listed as potentially affecting designated features and associated conservation objectives

11. www.hambreyconsulting.co.uk Habitat regulations “A competent authority, before deciding to undertake or give any consent, permission or other authorisation for, a plan or project which “A competent authority, before deciding to undertake or give any consent, permission or other authorisation for, a plan or project which is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects)…. is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects)…. shall make an appropriate assessment of the implications for the site in view of that site’s conservation objectives.” shall make an appropriate assessment of the implications for the site in view of that site’s conservation objectives.”

12. www.hambreyconsulting.co.uk Typical SAC conservation objectives To ensure for the qualifying habitat (e.g. reef, sandbank, mudflats, shallow inlets and bays) To ensure for the qualifying habitat (e.g. reef, sandbank, mudflats, shallow inlets and bays) Extent of the habitat on site; Extent of the habitat on site; Distribution of the habitat within site Distribution of the habitat within site Structure and function of the habitat Structure and function of the habitat Processes supporting the habitat Processes supporting the habitat Distribution of typical species of the habitat Distribution of typical species of the habitat Viability of typical species as components of the habitat Viability of typical species as components of the habitat No significant disturbance of typical species of the habitat No significant disturbance of typical species of the habitat Similar for species (e.g. seal, otter) Similar for species (e.g. seal, otter)

13. www.hambreyconsulting.co.uk i.e. Nature of the objectives such that in most cases appropriate assessment would be required for new site or significant expansion in or near an SAC Nature of the objectives such that in most cases appropriate assessment would be required for new site or significant expansion in or near an SAC The objectives are potentially stringent esp. if applied in a precautionary manner The objectives are potentially stringent esp. if applied in a precautionary manner SNH advice will tend to be precautionary SNH advice will tend to be precautionary Competent authority may be more flexible and pragmatic Competent authority may be more flexible and pragmatic

14. www.hambreyconsulting.co.uk New Marine Designations SPAs SPAs Offshore in process – probably not relevant Offshore in process – probably not relevant Inshore – extensions; new sites? Inshore – extensions; new sites? MPAs/Nationally important marine areas MPAs/Nationally important marine areas Fulfil OSPAR/CoBD commitments Fulfil OSPAR/CoBD commitments Representative, coherent network Representative, coherent network Develop from existing “marine consultation areas”? Develop from existing “marine consultation areas”? Or more comprehensive? Or more comprehensive? Powers? Powers? Without powers, why have them? Without powers, why have them? Less than Natura 2000? Less than Natura 2000?

15. www.hambreyconsulting.co.uk Local Marine Reserves Highly political; shifting alliances Highly political; shifting alliances Split Split traditional user culture (e.g. Shetland); traditional user culture (e.g. Shetland); incomer conservation/recreational culture incomer conservation/recreational culture Incomer culture is on the ascendant Incomer culture is on the ascendant Likely to be an issue irrespective of LMRs and any changes in the planning and management regime Likely to be an issue irrespective of LMRs and any changes in the planning and management regime Local objections Local objections

16. www.hambreyconsulting.co.uk Species protection W&C Act protected species W&C Act protected species e.g. otter, cetaceans, pearl mussel, seahorse, several marine invertebrates etc e.g. otter, cetaceans, pearl mussel, seahorse, several marine invertebrates etc UKBAP UKBAP hard to extract the relevant species and habitats for marine Scotland – more work hard to extract the relevant species and habitats for marine Scotland – more work Use of Scottish Biodiversity list in marine planning Use of Scottish Biodiversity list in marine planning Biodiversity duty – “further” conservation of biodiversity Biodiversity duty – “further” conservation of biodiversity

17. www.hambreyconsulting.co.uk More data Much emphasis in marine bill consultation on collecting and assimilating more information Much emphasis in marine bill consultation on collecting and assimilating more information Science based review of whether new marine species need to be added to the list (=more species) Science based review of whether new marine species need to be added to the list (=more species) On-going survey (=more locations) On-going survey (=more locations) Given the way such information is used, this is likely to further constrain? Given the way such information is used, this is likely to further constrain?

18. www.hambreyconsulting.co.uk More Precaution? Very hard to actively conserve without being conservative and preservationist: Very hard to actively conserve without being conservative and preservationist: We do not understand enough to conserve a dynamic system We do not understand enough to conserve a dynamic system If we draw lines, and map distribution, we will resist change If we draw lines, and map distribution, we will resist change

19. www.hambreyconsulting.co.uk Two cultures. Who decides? Sustainable growth/use v. protection, precaution Sustainable growth/use v. protection, precaution Which is in the ascendant? Which is in the ascendant? How will these cultures be assimilated under new planning and decision making procedures? How will these cultures be assimilated under new planning and decision making procedures? Who is the strategic decision maker between the two? Who is the strategic decision maker between the two? Who assesses the risks and makes the trade-off? Who assesses the risks and makes the trade-off?

20. Thank you