Marine licensing and consenting: Marine Protected Area assessment

Overview

A network of Marine Protected Areas (MPAs) have been designated in Scottish waters under the Marine (Scotland) Act 2010  or the Marine and Coastal Access Act 2009 .

When determining applications for marine licences, section 36 consents and licences to disturb European Protected Species or basking sharks. Scottish Ministers must consider the effect on MPAs. Applicants may have to provide information to inform an MPA assessment.

Contents 

• about Marine Protected Areas (MPAs)
• MPA assessment
• further information

About Marine Protected Areas (MPAs)

MPAs are designated areas in Scottish waters that aim to protect key environmental and historical features. There are different types of MPA in Scotland:

MPA for conservation purposes

An area may be designated a Nature Conservation MPA under the  Marine (Scotland) Act 2010 or an MPA under the Marine and Coastal Access Act 2009 if the Scottish Ministers consider it desirable to do so for any of the following purposes:

• conserving marine flora or fauna
• conserving marine habitats or types of such habitat
• conserving features of geological or geomorphological interest

Demonstration and research MPA

An area may be designated a Demonstration and Research MPA if the Scottish Ministers consider it desirable to do so for any of the following purposes:

• demonstration of sustainable methods of marine management or exploitation
• research into such matters

Historic MPA

An area may be designated a Historic MPA if the Scottish Ministers consider it desirable to do so for the purpose of:

• preserving a marine historic asset of national importance which is, or which Scottish Ministers are satisfied may be located in the area

Marine Protected Area assessment

Scottish Ministers must consider the effect on MPAs when determining marine licences, section 36 consents and licences to disturb a European Protected Species (EPS) or basking sharks.

If an act is capable of affecting (other than insignificantly) an MPA then applicants may have to provide information to inform an MPA assessment.

Under section 83 of the Marine (Scotland) Act 2010 and section 126 of the Marine and Coastal Access Act 2009, if an act is capable of affecting (other than insignificantly):

• a protected feature in a Nature Conservation MPA
• a stated purpose for a Demonstration and Research MPA
• a marine historic asset in a Historic MPA
• any ecological or geomorphological process on which the conservation of any protected feature in a Nature Conservation MPA, or on which the stated purpose for a Demonstration and Research MPA is (wholly or in part) dependent

Scottish Ministers must not grant authorisation unless either:

• the person applying for authorisation satisfies Scottish Ministers that there is no significant risk of the act hindering the achievement of (as the case may be):
  • the stated conservation objectives for the Nature Conservation MPA
  • the stated purpose for the Demonstration and Research MPA
  • the stated preservation objectives for the Historic MPA
• the person applying for authorisation is not able to satisfy Scottish Ministers that there is no significant risk but:
  • satisfies Scottish Ministers that there is no other means of proceeding with the act which would create a substantially lower risk of hindering the achievement of those objectives or (as the case may be) that purpose
  • satisfies Scottish Ministers that the benefit to the public of proceeding with the act clearly outweighs the risk of damage to the environment (or the marine historic asset) that will be created by proceeding with it
  • in relation to a Nature Conservation MPA or a Demonstration and Research MPA, satisfies Scottish Ministers that the person will undertake, or make arrangements for the undertaking of, measures of equivalent environmental benefit to the damage which the act will or is likely to have in or on the marine protected area concerned

The Marine Directorate -Licensing Operations Team (MD-LOT) on behalf of Scottish Ministers will notify, NatureScot, Historic Environment Scotland (HES) or the Joint Nature Conservation Committee (JNCC) on applications where there is or may be a significant risk of the act hindering the achievement of the stated objectives or purpose of an MPA. MD-LOT may also consult NatureScot, HES or the JNCC where an MPA may be affected.

Further information

• Marine environment: Marine Protected Areas
• NatureScot: Marine Protected Areas
• NatureScot: Feature Activity Sensitivity Tool (FeAST)
• National Marine Plan Interactive (NMPi)