Marine and freshwater: areas of research interest

Appendices

Appendix A: Legislative and Policy Framework

The UK’s Marine Strategy Regulations 2010 (MS2010) govern statutory monitoring of UK EEZ. Good Environmental Status indicators (GES) are contained within MS2010 and the

Secretary of State for Scotland and Scottish Government Ministers must comply with MS2010, insofar as it applies to Scotland’s seas. GES emphasises the use of an “ecosystems approach.”

OSPAR is the mechanism by which fifteen Governments and the European Union cooperate to protect the marine environment of the North-East Atlantic; it is an instrument of international law and appears in MS2010.

Government legislation governing marine and freshwater environments includes:

• Climate Change (Scotland) 2009, amended 2019 : sets out climate change plans to meet the target of net zero by 2045 using a carbon budget-based approach.
• Marine (Scotland) Act 2010 : provides a framework to balance competing demands on Scotland's seas, including a duty to protect and enhance the marine environment and boost economic investment and growth.
• Aquaculture and Fisheries (Scotland) Act 2013 : ensures that farmed and wild fisheries - and their interactions with each other are managed effectively, supporting economic growth with due regard to the wider marine environment.
• Fisheries Act 2020 : Set out provisions in relation to fisheries, fishing, aquaculture and marine conservation. It established a post-EU Withdrawal legal framework for the regulation of fisheries in the UK and empowered the governments to make detailed secondary legislation for the same purpose.
• Salmon and Freshwater Fisheries Act 1975 : provides fundamental legislation for managing salmon and freshwater fisheries, contributing to ecosystem resilience.
• Nature Conservation (Scotland) Act 2004 : establishes the legal framework for conserving natural habitats and species, supporting biodiversity protection through sustainable practices.
• Marine and Coastal Access Act (MACAA) 2009 : provides comprehensive legislation for marine planning, conservation, and coastal access.
• Natural Environment Bill : Proposed legislation including requirements for biodiversity improvement targets.

Key Scottish strategic frameworks include:

• Blue Economy Vision for Scotland: establishes the foundation for balancing economic development with marine stewardship, supporting sustainable growth in Scotland's marine and coastal areas.
• Biodiversity Delivery Plan 2024 to 2030 : outlines specific actionable steps for biodiversity protection and sets measurable targets for conservation efforts.
• Artificial Intelligence Strategy : promotes innovation in marine management and sustainable economic activities through the integration of AI technologies.
• Scottish Biodiversity Strategy to 2045 : provides long-term strategic direction for

biodiversity conservation and enhancement in Scotland's marine and terrestrial environments.

• Marine science and innovation strategy : enhances capacity through research and innovation in marine science and management.
• Scottish National Adaptation Plan : sets out the actions that the Scottish Government and partners will take to respond to the impacts of climate change. This Adaptation Plan sets out actions from 2024 to 2029.

Key UK and International frameworks include:

• UK Third National Adaptation Programme (NAP3) : sets out the strategy for building resilience to climate change impacts in marine and coastal environments.
• EU Marine Strategy Framework Directive : establishes European standards for marine environmental protection that continue to influence UK policy.
• UK Marine Strategy: provides an assessment of UK seas and sets objectives, targets and indicators for achieving Good Environmental Status.

Post-Brexit policy framework

EU Exit has changed policy making in Scotland, especially for marine management, which was directed by EU legislation. The Scottish Government has new powers, obligations, opportunities, and responsibilities, placing increasing importance on governance, accountability, and open government principles.