Draft marine and coastal restoration plan: strategic environmental assessment environmental report

2 Policy Background

2.1 Overview of the Marine and Coastal Restoration Plan

2.1.1 The policy under assessment is the Marine and Coastal Restoration Plan.

2.1.2 The Plan sets out actions to support the acceleration of ecosystem restoration and regeneration in Scotland. The focus of the Plan is active restoration (such as habitat creation and species reintroduction). However, the Plan also considers ‘passive’ restoration (e.g., pressure management) when supporting active restoration. While the Plan (and actions) will be published by the end of 2025, delivery of most actions will be over a longer timescale. The Plan will also be periodically reviewed to ensure it remains relevant and can deliver meaningful action.

2.1.2 As outlined in Section 1.1.4, the Plan aims to:

• Achieve a better understanding of where active restoration can best take place, and how we can prioritise species and habitats;
• Maximise ecological benefits and social and economic opportunities from active restoration; and
• Support community-led restoration and enable investment in restoration efforts.

2.1.3 The aims of the Plan will be achieved by bringing forward actions under the following five inter-related themes:

• Restoration opportunities and priorities;
• Regulatory environment;
• Funding and finance;
• Supply chain and communities; and
• Evidence and monitoring.

2.1.4 The five themes within the Plan (and associated objectives and actions) are the focus of assessment in this Environmental Report.

2.1.5 The spatial scope of the Plan includes the Scottish inshore region (0 – 12 NM) and the Scottish offshore region (12 – 200 NM). While most active restoration activities are currently focused on inshore waters, the Plan encompasses marine and land-based ecosystems. Therefore, the Plan includes inshore and offshore waters, as well as terrestrial or riverine activities where there will be a direct benefit to marine habitats and species.

2.1.6 The Plan does not limit the focus of active restoration to areas where there has been a historic presence of species and habitats. This is in recognition that conditions may have changed and will continue to change. There can also be a lack of data regarding the locations where habitats and species may have been historically present.

2.1.7 It should be noted that whilst restoration opportunities and priorities is a theme of the Plan, the Plan does not identify specific spatial locations for restoration activities. Therefore, the approach taken to the SEA is a relatively high-level consideration of the types of impacts that could arise from the Plan. There may also be a need to further consider potential environmental effects in the future, as actions within the Plan are implemented.

2.2 Relationship with existing legislation

2.2.1 Marine licensing and planning contributes to sustainable development and use of marine resources. The National Marine Plan ^[22] outlines that consideration should be given to opportunities to enhance biodiversity and associated ecosystem services, including recovery and/or enhancement of degraded habitats or species populations. GEN9 (Natural Heritage) of Scotland’s National Marine Plan also outlines that development and use of the marine environment must protect and, where appropriate, enhance the health of the marine area^[23].

2.2.2 Restoration projects can often require multiple approvals from different legislative mechanisms. As outlined in a 2024 Scottish Government consultation^[24], projects may need:

• Planning permission from the Local Authority under the Town and Country Planning (Scotland) Act 1997^[25] and Planning (Scotland) Act 2019^[26];
• A marine licence administered by Scottish Government’s Marine Directorate – Licensing Operations Team (MD-LOT) on behalf of Scottish Ministers under the Marine Scotland Act 2010^[27]. A marine licence is generally required for each licensable marine activity carried out by the project. The 2010 Act (s.27) requires that in determining an application, regard must be had to the need to:
  • Protect the environment;
  • Protect human health; and
  • Prevent interference with legitimate uses of the sea.
• In addition to a site layout plan, applicants are required to submit a Biosecurity Plan, Navigational Risk Assessment (NRA), Monitoring Plan, and a description of how their project meets any relevant plans or policies such as Scotland’s National Marine Plan^[28];
• If the restoration activity has the potential to affect protected features in a European marine site, a Habitat Regulations Appraisal (HRA) under the Habitats Regulations^[29] will be carried out by Marine Directorate as part of considering the marine licence application;
• A lease from Crown Estate Scotland for use of the seabed^[30] if the foreshore or seabed are owned locally, permission from the owner will be needed. There can be cases where the intertidal area of restoration is privately owned but the subtidal area is owned by Crown Estate Scotland, meaning agreement is needed from both;
• A conservation translocation licence from NatureScot^[31] if species or habitats are being re-introduced/re-established outwith their current native range. For example, restoring native oyster populations where there is historical evidence they occurred in the past;
• If the translocation activity has the potential to affect protected features in a European marine site, an HRA will be carried out by NatureScot as part of considering the translocation license application;
• An authorisation to operate an Aquaculture Production Business (APB) or a registration for non-commercial installations (NCB) (under the Aquatic Animal Health (Scotland) Regulations 2009^[32]) from the Fish Health Inspectorate may be needed if cultivating shellfish. For example, when maturing native oysters or mussels prior to placing them on the seabed; and
• Operators of APBs must establish, maintain and comply with a Biosecurity Measures Plan (BMP) that must be provided when requested by an inspector.

2.2.3 As well as the above, under the Nature Conservation (Scotland) Act 2004^[33] consent from NatureScot may be required if the project could impact a Site of Special Scientific Interest (SSSI). The legislation underpinning SSSIs requires that NatureScot identifies any activities that are likely to damage the natural features for which the site is designated. Depending on individual harbour authority powers (set out in Harbour Orders under the 1964 Harbour Act^[34]), permission may also be required from a harbour authority if the activity is taking place within the waters of their jurisdiction. SEPA also manage activities through various Controlled Activities Regulations (CAR)^[35]. The restoration activity may also require a Nature Conservation Marine Protected Area (NCMPA) assessment under Marine (Scotland) Act 2010^[36] and the Marine and Coastal Access Act 2009^[37] if the restoration activity has the potential to affect protected features of an NCMPA in inshore and offshore waters respectively.

2.2.4 Not every project will need every licence or consent, but separate elements of a restoration project may require one or more of the above.

2.3 Policy context for the Marine and Coastal Restoration Plan

2.3.1 The 2004 Regulations requires Responsible Authorities to identify a plan’s broader policy context, particularly any relevant environmental protection objectives that will influence a plan’s development and implementation. In terms of the immediate policy context for the Plan, these are set out in Section 1.1.

2.3.2 Section 8 (Appendix B) sets out in detail the broader policy context in which the Plan sits, beginning with a summary of relevant marine policies and followed by an overview of policies relating to the SEA topics that have been scoped into the assessment, specifically Biodiversity, Flora and Fauna; Population and Human Health; Soil (benthic (seabed) substrates and habitats); Water; Climatic Factors; Material Assets; Cultural Heritage; and Landscape/Seascape^[38].

2.4 Finalisation of the Marine and Coastal Restoration Plan

2.4.1 The Plan has been developed with input from stakeholders and is now subject to a formal consultation period together with this Environmental Report. Following the public consultation, a Post Adoption Statement will be produced, demonstrating:

• how environmental considerations have been integrated into the proposals;
• how the Environmental Report has been taken into account;
• how the views of the consultation authorities have been taken into account;
• how the results of the consultation have been taken into account;
• the reason for choosing the proposals, as adopted, in the light of other reasonable alternatives considered; and
• the measures that are to be taken to monitor the significant environmental effects of the Plan.

2.4.2 Following the consultation, the documents will be finalised and published. Scottish Government will then begin work (including with stakeholders as appropriate) to implement actions identified within the Plan.