Offshore Marine Protected Areas in Scottish Waters: Strategic Environmental Assessment Post Adoption Statement

1 Background

1.1.1 The Scottish Government is committed to a clean, healthy, safe, productive and biologically diverse marine and coastal environment that meets the long- term needs of people and nature. This includes managing our seas sustainably to protect their rich biological diversity and to ensure that our marine ecosystems continue to provide economic, social and wider benefits for people, industry and society^[1].

1.1.2 The designation and management of Marine Protected Areas (MPAs) will make a significant contribution to the protection, enhancement and health of the marine area. These include nature conservation Marine Protected Areas^[2],[3],[4] (NCMPAs) and Special Areas of Conservation^[5],[6] (SACs) (hereafter these NCMPAs and SACs are referred to as MPAs when they are being considered collectively). These designations arise from domestic legislation, as well as wider UK and international legislation focused on building a cohesive network of protected areas to benefit the conservation of sensitive and representative marine species and habitats.

1.1.3 There are currently 36 NCMPAs located within Scotland’s seas, 13 of which are offshore^[7]. In addition, there are 58 SACs with marine components in Scotland, 47 of which are wholly in inshore waters^[8], nine are completely in offshore waters^[9], and a further two sites which have parts in both inshore and offshore waters.

1.1.4 In line with the relevant legislation, suitable management measures must be implemented at each site to enable the achievement of conservation objectives^[10]. The Scottish Government proposed the implementation of fisheries management measures for 20 offshore MPAs (comprising 10 NCMPAs and 10 SACs) to ensure the site conservation objectives are achieved.

1.1.5 Measures were also initially developed for Turbot Bank NCMPA which would restrict targeted sandeel within the site. However, The Sandeel (Prohibition Of Fishing) (Scotland) Order 2024 came into force on 26 March 2024 ahead of the 2024 fishery season and applies to all vessels (UK and EU) fishing within Scottish waters^[11]. The Joint Nature Conservation Committee (JNCC) consider sandeels to be in favourable condition within this NCMPA and that in the absence of a targeted Sandeel fishery, no additional management of fishing activity is necessary to achieve the conservation objective for the Sandeel feature for Turbot Bank NCMPA^[12].

1.1.6 The location of the 20 MPAs are shown in Figure 1. The location of Turbot Bank NCMPA is also shown for reference although specific management measures are no longer proposed to be implemented for this site.

1.1.7 The proposed implementation of fisheries management measures for all the offshore MPAs shown in Figure 1 were subject to a Strategic Environmental Assessment (SEA). The associated Environmental Report was published for consultation^[13] and the consultation ended on 14 October 2024^[14]. The consultation analysis report presents a detailed analysis of the responses to the consultation^[15].

1.1.8 The consultation revealed a divide between industry and nature conservation stakeholders when it came to zonal (Option 1) versus full site (Option 2) management measures. Proponents of full site measures underscored the importance of environmental issues and long-term recovery, while supporters of zonal measures argued for stakeholder inclusivity and a proportionate approach which allows for industry to continue to operate in these areas while achieving environmental goals.

1.1.9 Following the public consultation, 13 of the MPAs proceeded with zonal (Option 1) management measures and five of the MPAs proceeded with the full site (Option 2) management measures. The zonal (Option 1) measures have been revised at the two remaining MPAs to increase the spatial extent of demersal mobile gear restrictions following updated advice from JNCC received after consultation.