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

3 Integration of Environmental Considerations

3.1.1 This section explains how key environmental considerations were identified and how these were taken into account in the plan to implement management measures for offshore MPAs.

3.1.2 The UK Marine and Coastal Access Act 2009^[22] outlines a general objective to contribute to the achievement of sustainable development. Under the Act (Section 123), Scottish Ministers have a duty to designate NCMPAs to the UK network of MPAs which contributes to the conservation of improvement of the marine environment in the UK marine area^[23].

3.1.3 The MPA network contributes to further duties and obligations of the Scottish Government, including the commitment for Good Environmental Status under the UK Marine Strategy^[24]. A well-managed MPA network will help to fulfil the commitment to OSPAR Commission’s strategic objective to establish an ecologically coherent network of marine protected areas^[25]. The Scottish Biodiversity Strategy to 2045 sets out the ambitions of the Scottish Government to be nature positive by 2030, and to have restored and regenerated biodiversity by 2045^[26].

3.1.4 There is a legislative requirement for Scottish Ministers to take conservation measures in SACs in a way that corresponds with the ecological requirements of the habitats and species for which the sites have been designated^[27]. In doing so, under the Habitats Regulations^[28] as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019^[29], they are required to have regard to the need to maintain or restore the protected features of the site to favourable conservation status; the economic, social and cultural requirements and regional and local characteristics; and any management scheme which has been established for the site.

3.1.5 Scottish Ministers have a duty under the Marine and Coastal Access Act 2009 to exercise functions which could significantly affect an offshore NCMPA in a manner that best furthers the conservation objectives of the site (or where that is not possible, least hinders the achievement of the objectives)^[30].

3.1.6 The preparation of the Scoping Report and environmental baseline for the SEA ensured that environmental considerations were considered at an early stage in the assessment of the proposed management measures for offshore MPAs. Consultation with the SEA Consultation Authorities at the scoping stage assisted in confirming key environmental issues for further consideration in the assessment stage. The proposed management measures were subject to environmental assessment with the results of the assessment informing their further development.

3.1.7 Environmental considerations were therefore integral to the development of management measures for offshore MPAs and the plan to implement them.