Management of the Solway Firth: EIR release

Information requested

1. How is the Solway Firth managed (e.g., top-down/bottom-up)? By whom?
2. How is the Solway Firth ecologically monitored? By whom and at what frequency?
3. What type of surveillance is in place for the Solway Firth? At what frequency?
4. Who enforces the restrictions imposed by the designation of the Solway Firth (i.e., fishing, shellfish harvesting, noise pollution, trespassing, marine mammal disturbances, etc.)? What type of legal recourse do they have (i.e., verbal warning, issuing of fines, arrests)?
5. What are the current greatest conservation threats to the Solway?
6. How are these being addressed? By whom?
7. Who provides the funding/resources for the effective management, monitoring, and enforcement of the Solway?
8. In your opinion, is the budget sufficient to meet the needs of the Solway? If not, please provide examples of areas in which additional funding are necessary.
9. Do you believe that The Solway Coast Area of Outstanding Natural Beauty 2020-25 Management Plan items are achievable? Why or why not
10. In your opinion, what is the greatest challenge to effectively managing the Solway Firth?
11. Why are so many features listed as ‘not assessed’ on sitelink for if there is an obligation to report feature conditions every 6 years? Are reports simply not published/available to the public?
12. The SPA was recently extended even though the UK has left the EU. How does this work in terms of legislation and reporting obligations?
13. Does the extension of the SPA mean a greater budget has been allocated to the Solway Firth?
14. To your knowledge, have quantitative intertidal benthic surveys (i.e., not Presence/Absence surveys) been conducted on the Scottish side of the Solway in recent years?

Response

How is the Solway Firth managed (e.g., top-down/bottom-up)? By whom?

The answer to your question is on the Scottish side, Scottish Ministers designate protected areas and put in place management measures. Marine Scotland Compliance enforces these management measures.

Wider management of the Solway Firth falls under the duties of public authorities such as Dumfries and Galloway Council. Local partnerships such as the Solway Firth Partnership (SFP) work with public authorities to help manage the Solway Firth.

SFP is a local coastal partnership and is active in undertaking preparatory work for regional marine planning and contributing to policy development for marine management. Local coastal partnerships undertake a range of work to support the management of their local areas for example with monitoring, litter and biosecurity projects, contributing data to NMPi, and engaging with stakeholders.

Most of the information you have requested is available from https://www.solwayfirthpartnership.co.uk/

Legislation to designate Inshore MPAs can be found here: https://www.legislation.gov.uk/asp/2010/5/contents

Information and legislation regarding SACs and SPAs can be found here: EU Exit: habitats regulations in Scotland - gov.scot (www.gov.scot)

How is the Solway Firth ecologically monitored? By whom and at what frequency?

Some of the information you have requested is available from https://www.gov.scot/policies/marineenvironment/ mpa-monitoring-strategy/

And some of the information you have requested for the Scottish side is available from: https://www.solwayfirthpartnership.co.uk/

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

What type of surveillance is in place for the Solway Firth? At what frequency?

Marine Scotland Compliance patrol the area by sea and land. This is done on a risk based approach from any incoming intelligence or information received. That aside Officers conduct regular ad hoc patrols monitoring the area.

Most of the information you have requested is available from Marine and fisheries compliance - gov.scot (www.gov.scot)

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Who enforces the restrictions imposed by the designation of the Solway Firth (i.e., fishing, shellfish harvesting, noise pollution, trespassing, marine mammal disturbances, etc.)? What type of legal recourse do they have (i.e., verbal warning, issuing of fines, arrests)?

Marine Scotland Compliance are responsible for enforcing suspected breaches of legislation in the Solway. These cover sea fishing, by vessel or hand gathering shellfish and other species and marine mammal disturbance mainly seals. Legal action can be way of verbal rebrief, advisory letter, warning letter, Fixed Penalty Notice or referral to the Crown Office Procurator Fiscal Service. Compliance Officers do not have the powers of arrest.

Most of the information you have requested is available from Marine and fisheries compliance - gov.scot (www.gov.scot)

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

What are the current greatest conservation threats to the Solway?

Scotland's Marine Assessment 2020 is broken down into regions. The summary and other information relating to the Solway Assessment, such as main pressures, can be found here: Solway SMR | Scotland's Marine Assessment 2020

Conservation information for the SAC can be found here: https://sitelink.nature.scot/site/8377

Conservation advice for the SPA can be found here: https://sitelink.nature.scot/site/10487

For the Solway SPA NatureScot are in the process of finalising the Conservation & Management Advice document for the site. The publication of this is expected early next year.

An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested because it is material which is still in the course of completion. NatureScot are in the process of finalising the Conservation & Management Advice document for the Solway Firth SPA.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government and this will be met by our planned publication in January 2023. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still in being worked on or is under active consideration is not disclosed when it might misinform the public or give a misleading impression of the Government’s view or position on the matter to which the information relates.

Conservation information for other designations located in the Solway can be found here: https://sitelink.nature.scot/home?q=solway

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

How are these being addressed? By whom?

The Scottish Government isconserving the marine environment through the Programme for Government and Bute House agreement.

All of the information for Scotland you have requested is available from Programme for Government – gov.scot (www.gov.scot) and https://www.gov.scot/publications/scottish-government-scottish-green-party-shared-policyprogramme/ documents/.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Who provides the funding/resources for the effective management, monitoring, and enforcement of the Solway?

Solway Firth Partnership (SFP) receive funding from a range of sources including Marine Scotland. All of this funding information is all available on their website https://www.solwayfirthpartnership.co.uk/

The Scottish Government provides resources for monitoring and enforcement as well. Some of the information you have requested is available from Marine and fisheries compliance - gov.scot (www.gov.scot) and;

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

In your opinion, is the budget sufficient to meet the needs of the Solway? If not, please provide examples of areas in which additional funding are necessary.

The answer to your question is sufficient budget is provided to undertake a wide range of work to ensure the appropriate management, monitoring and enforcement is undertaken that meet the needs of the Solway Coast.

Do you believe that The Solway Coast Area of Outstanding Natural Beauty 2020-25 Management Plan items are achievable? Why or why not

The answer to your question is the Scottish Government cannot comment on the plan developed by English Local Authorities for management of the English side of the Solway Firth.

In your opinion, what is the greatest challenge to effectively managing the Solway Firth?

Scotland’s Marine Assessment 2020 is broken down into regions. The Summary and other information relating to the Solway Assessment such as main pressures can be found here: Solway SMR | Scotland's Marine Assessment 2020.

Why are so many features listed as ‘not assessed’ on sitelink for if there is an obligation to report feature conditions every 6 years? Are reports simply not published/available to the public?

The Scottish Government does have a statutory obligation required by the Marine Scotland Act (2010) to submit a report to parliament every 6 years on the status of the Scottish MPA network. The last report was delivered in 2018 and can be found here: Supporting documents - Marine Protected Area Network - 2018 Report to the Scottish Parliament - gov.scot (www.gov.scot).

The requirement is to report on feature condition at a UK level (both inside and outside sites) under what was the Habitats Directive/ Bird Directive every 6 years doesn’t mean monitoring every site, every 6 years. NatureScots monitoring programme is steered by the Scottish Marine Monitoring Strategy and so features/sites depending on their nature, condition status, management measures in place and activities will be monitored at different intervals. NatureScot are currently in the process, after going through a period of site designation work and Covid, of getting back to doing more survey work. NatureScot had a survey plan that took us to 2022 are now looking at planning for the next 2-3 years especially to inform the 2024 reporting to Parliament with a focus on the sites with Marine Conservation Orders (MCOs) in place.

NatureScot manages Sitelink and the data provided for the site. You can contact them at: ENQUIRIES@nature.scot. 

The SPA was recently extended even though the UK has left the EU. How does this work in terms of legislation and reporting obligations?

All of the information you have requested is available from EU Exit: habitats regulations in Scotland - gov.scot (www.gov.scot)

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Does the extension of the SPA mean a greater budget has been allocated to the Solway Firth?

The answer to your question is that budget does not get allocated by region or by specific site for monitoring and enforcement by the Scottish Government. An annual budget is giving and monitoring and enforcement funding is allocated on a risk/needs based approach.

The Scottish Government cannot comment on how budget is allocated in other organisations that manage the Solway. Some of the information you requested can be found here https://www.solwayfirthpartnership.co.uk/ and here: How our work is funded | NatureScot

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

To your knowledge, have quantitative intertidal benthic surveys (i.e., not Presence/Absence surveys) been conducted on the Scottish side of the Solway in recent years?

The answer to your question is Marine Scotland have previously surveyed the Scottish Solway cockle grounds to estimate cockle numbers and biomass and to provide information on the size and age structure of the stocks. The last year a survey was carried out solely by Marine Scotland was 2009. The area has been surveyed by external contractors working under contract to the Scottish Government and under the direction of Marine Scotland. The last such survey was in 2015.

Some of the information you have requested is available from: https://www.researchgate.net/publication/331327600_Survey_of_the_
Scottish_Solway_Firth_Cockle_Grounds_2015

Other organisations do monitoring of the Solway. Some of the information you have requested is here: https://www.solwayfirthpartnership.co.uk/

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.