Proposed Fisheries Management Measures within Scottish Inshore Marine Protected Areas (MPAs) and proposed Priority Marine Feature (PMF) Management Areas - Partial Business and Regulatory Impact Assessment (BRIA)

2. Executive summary

Throughout this document, the term MPA is used to collectively refer to three types of designations for sites in place for nature conservation. In this case, those sites are:

• Nature Conservation MPAs (NCMPAs) - which are sites within the marine environment aimed at conserving marine biodiversity, protecting vulnerable species, habitats, and geological features. The sites have been designated following MPA selection guidelines and assigned site specific conservation objectives.
• Special Areas of Conservation (SACs) – which are protected areas for habitats and species listed in the EU Habitats Directive, such as reefs and bottlenose dolphin.
• Special Protection Areas (SPAs) – which are protected areas for wild birds listed in the EU Wild Birds Directive, or for regularly occurring migratory species.

The aim of this policy is to benefit the conservation of vulnerable and characteristic marine species and habitats in Scottish waters and support sustainable use of our marine environment.

Certain statutory duties apply to Scottish Ministers in relation to MPAs. Among these, for NCMPAs, is the duty set out in the Marine Scotland Act 2010, for Scottish Ministers, when exercising their functions, to act in the manner which they consider best furthers the conservation objectives of NCMPAs, so far as is consistent with a proper exercise of those functions. Where it is not possible to do that, they have a duty to exercise their functions in the manner which they consider least hinders those objectives, again as far as is consistent with the proper exercise of those functions.

For SACs, Scottish Ministers are required to establish 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. Such measures should be designed to maintain or restore the protected features of the site to favourable conservation status and shall take account of the economic, social and cultural requirements and regional and local characteristics.

For SPAs, Scottish Ministers are required to take the requisite measures to maintain the population of the species referred to in article 1 of the Birds Directive at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level. They are also required to take the requisite measures to preserve, maintain or re-establish a sufficient diversity and area of habitats for all the species of birds referred to in article 1 of the Birds Directive.

For PMFs, Scottish Ministers must act in accordance with the National Marine Plan including General Policy 9 on natural heritage when taking certain decisions. In particular to avoid significant impacts on the national status of Priority Marine Features. Management areas were developed by considering the distribution of the considered PMFs in accordance with the recommendations in NatureScot’s advice.

There are a total of 166 sites and management areas under consideration for fisheries management measures. Individual numbers per designation type which are subject to assessment are:

• 11 Nature Conservation Marine Protected Areas (NCMPAs)
• 21 Special Areas of Conservation (SACs)
• 44 Special Protection Areas (SPAs)
• 90 Proposed Priority Marine Feature (PMF) management areas

The Scottish Government proposes to implement fisheries management measures at:

• One NCMPA, three SACs, three SPAs and 13 proposed PMF management areas outside these sites within the Argyll Scottish Marine Region (SMR) (out to 12 nautical miles (NM).
• One NCMPA, one SPA and nine proposed PMF management areas outside these sites within the Clyde SMR (out to 12NM).
• Three SACs and two SPAs within the Forth and Tay SMR (out to 12NM) and one SPA within the Forth and Tay SMR (beyond 12NM).
• Two NCMPAs, two SACs and three SPAs within the Moray Firth SMR (out to 12NM).
• Two SPAs and one proposed PMF management area outside these sites within the North Coast SMR (out to 12NM).
• Three SPAs within the North East SMR (out to 12NM).
• One NCMPA, one SAC, nine SPAs and nine proposed PMF management areas outside these sites within the Orkney Islands SMR (out to 12NM).
• Three NCMPAs, four SACs, six SPAs and 17 proposed PMF management areas outside these sites within the Outer Hebrides SMR (out to 12NM) and one SPA within the Hebrides Shelf SMR (beyond 12NM).
• Two NCMPAs, four SACs, eight SPAs and 11 proposed PMF management areas outside these sites within the Shetland SMR (out to 12NM) and one SPA within the North and West Shetland Shelf SMR (beyond 12NM).
• One SPA within the Solway SMR (out to 12NM).
• One NCMPA, three SACs, three SPAs and 30 proposed PMF management areas outside these sites within the West Highland SMR (out to 12NM).

The proposed options to be consulted on for each of the 166 sites and areas assessed in this Business and Regulatory Impact Assessment (BRIA), including maps, are available in the High Level Site and Area Summary and the Site and Area Proposal documents in the supporting documents of the consultation as well as on the consultation platform.

Impacts and benefits from the management measures to be consulted on for each individual site and proposed management areas are also discussed further in the Socio-‑Economic Impact Analysis (SEIA) Appendices E to Q.

Some individual sites are grouped for the purpose of management measures and reporting, for example: Mousa to Boddam MPA and Mousa SAC; Dornoch Firth and Morrich More SAC and Moray Firth SAC. Proposed PMF management areas occur within seven of the eleven regions considered and are grouped within each SMR for the purposes of assessment.

Evidence in this BRIA is drawn from the work of statutory nature conservation body NatureScot, consultants ABPmer and eftec, and the Scottish Government Marine Analytical Unit (MAU). It brings together the scientific, evidence-based arguments for management and the projected potential social and economic consequences of such action.

The appraisal period for assessing the socioeconomic impacts of both options covers the 20-year period from 2025 to 2044 although benefits are expected to be delivered for longer if effective management measures remain in place. As with any socio-economic assessment related to environmental designations, the findings should be considered as estimates, and in industries where uncertainty exists such as for fisheries due to the natural variability in external factors on which they depend, impacts are deliberately presented as worst-case scenarios to build in necessary caution into each scenario.

These sites and proposed management areas are part of efforts to maintain the health of marine ecosystems, contributing to the broader network of MPAs and wider seas protection. Introducing appropriate measures in existing MPAs and proposed PMF management areas will contribute to the achievement of the conservation objectives for MPAs and to PMF policy protections as laid out in the NMP.