Demersal Fisheries Management Plans proposals: strategic environmental assessment - environmental report

2. Approach to Strategic Environmental Assessment

Screening

SEA Regulations 2004 requires that qualifying public plans, programmes, and strategies undergo screening for SEA during their preparation and prior to adoption. Fisheries Management Plans are plans that fall within the definition in regulation 2.

Marine Directorate, Defra, DAERA and Welsh Government consider that Regulation 3(2)(b) of the SEA Regulations 2004 applies to the draft Whitefish/Demersal FMPs as the plan relates to Scotland, England, Northern Ireland and Wales.

In accordance with the SEA Regulations 2004 the fisheries policy authorities carried out a screening exercise which determined that the proposed policies in the draft Demersal/Whitefish FMPs may have a likely significant effect (either positive or negative) on a European site or a European offshore marine site.

The screening exercise used Defra’s Magic Map Application to identify whether the geographical scope of the FMPs overlaps with any European sites or European offshore marine sites. Table 2, page 35 of the updated UK Marine Strategy Part 1 sets out the pressures on the marine environment resulting from anthropogenic activity, which includes fishing. This information was used to identify whether fishing activity for cod, whiting, haddock, saithe, hake, monk, megrim and ling has the potential to impact these sites and interest features. For example, use of bottom towed gear has the potential to result in the extraction of, or mortality/injury to, wild species and cause physical disturbance of benthic habitats.

The screening also judged that the proposed polices in the draft Whitefish/Demersal FMPs have the potential to affect multiple European marine sites and the wider marine environment.

Based on the outcome of the screening, the fisheries policy authorities concluded the FMPs fall within the description of a plan in regulation 5(3) of the SEA Regulations 2004, and so as a result of regulation 5(1) must be subject to SEA in accordance with Part 3 of the SEA Regulations 2004 during its preparation and prior to its adoption (publication).

Completing this SEA does not remove any other statutory obligation on competent authorities to assess the possible environment impact of a policy or measure ahead of its implementation.

Scoping

Marine Directorate, Defra, DAERA and the Welsh Government carried out a scoping exercise to identify the scope and level of detail of the assessment that will be documented in the Environmental Report. Regulation 12(5) requires that when deciding on the scope and level of detail of the information in the Environmental Report, the responsible authority must seek the views of the Consultation Bodies.

A Scoping Report identifying the scope and level of detail of the assessment of the draft Whitefish/Demersal FMPs was provided to the following Consultation Bodies:

• NatureScot
• Scottish Environment Protection Agency
• Historic Environment Scotland
• Joint Nature Conservation Committee
• Historic England
• Natural England
• Environment Agency
• DAERA
• Natural Resources Wales
• Cadw

See Appendix F for Consultation Body responses on the Scoping Report and how consideration was given to the points raised in each response.

Regulation 12(3) of the SEA Regulations 2004 requires that the Environmental Report shall include the information referred to in Schedule 2, in so far as it is reasonably required. Table 3 in Annex 1 sets out which section of this report corresponds to the relevant paragraphs of Schedule 2.

Scope of the Assessment

Schedule 2 paragraph 6 to the SEA Regulations 2004 lists the issues that must be considered for an assessment of likely significant effect in relation to the proposed FMPs. Based on its initial evaluation of likely significant effects and taking into account the results of the scoping consultation carried out (see Scoping above and Appendix F), the following conclusions were reached regarding the content of the Environmental Report.

Marine Directorate, Defra, DAERA and Welsh Government propose that the Environmental Report will address the effects on the following issues:

• Biodiversity, fauna and flora including the following sub-sections: cetaceans, seals, birds, fish, benthic habitats, commercially exploited fish and shellfish, food webs.
• Geology and sediments (soil) including the following sub-section: benthic habitats.
• Water including the following sub-sections: marine litter and underwater noise.
• Climatic factors including the following sub-sections: vessel emissions, blue carbon.
• Cultural Heritage including the following sub-section: interactions between fishing gear and marine heritage assets.
• Landscape/seascape including the following sub-section: interactions between fishing gear and seabed formations, benthic habitats.

Defra scoped the following issues out of the assessment, and therefore they will not be covered in the Environmental Report:

• Population (Human)
• Human health
• Air
• Material assets

Fishing activity being managed through the FMPs has the potential to have some level of interaction with all the issues from Schedule 2 paragraph 6. However, the scoping exercise considered and scoped in those environmental issues that would be significantly affected by the draft Whitefish/Demersal FMPs. Issues such as Population, Human Health, Air and Material Assets were scoped out of this assessment as it was considered that they would not be significantly affected by the draft FMPs. Table 4 provides the justification behind this decision. Additional rationale behind why sub-sections were considered is set out below:

• To link the issues (from Schedule 2 paragraph 6) that will be addressed by this Environmental Report with the environmental baseline (see section 3), we have attributed a UK Marine Strategy (UK MS) descriptor of Good Environmental Status (GES) to the appropriate corresponding issue(s); see Appendix A for the list of the 11 UK MS descriptors. Achieving GES is about protecting the natural marine environment, preventing its deterioration and restoring it where practical, while allowing sustainable use of marine resources.
• Assessing the status of these descriptors identifies where improvements are required to achieve GES. Knowing the current status will help direct efforts to reduce the impacts of certain human activities. The UK Marine Strategy assessment tool provides further information.
• Under the UK MS, Descriptor 1 – Biodiversity has been split into the following sub-sections; cetaceans, seals, birds, fish, benthic habitats. These sub-sections are all relevant to the biodiversity issue from Schedule 2 paragraph 6 and therefore have been included in this assessment.
• Marine Litter and Underwater Noise have been included as the most relevant sub-sections assessed by the UK MS under the Water issue heading. Fishing activity was considered not to contribute on Eutrophication, Changes in Hydrographical Conditions and Contaminants; therefore, these sub-sections have not been included.
• Climatic factors are not considered under the UK MS assessment process; therefore, no predetermined sub-sections are available. Vessel emissions and blue carbon were identified as the two most relevant issues related to fishing activity that are associated with climate change.
• Cultural heritage is also not considered under the UK MS assessment process; therefore, no predetermined sub-sections are available. The interaction between fishing gear and marine heritage assets was identified as the most relevant impact related to fishing activity that is associated this issue heading.
• Landscapes and seascapes are not considered under the UK MS; therefore, no predetermined sub-sections are available. The interaction between fishing gear and seabed formations was identified as the most relevant impact related to fishing activity that is associated this issue heading. The assessment of benthic habitats will also be relevant when considering the impact of mobile demersal gear fishing on seabed formations. Where specific impacts are known they will also be considered.

Table 4 in Annex 1 shows the results of the scoping exercise on the draft Whitefish/Demersal FMPs.

Assessment Methodology

This SEA reflects the geographical scope (Section 1) and fishing activity covered by the proposed FMPs. It considers the policies and actions of the draft Whitefish/Demersal FMPs (Table 2). The assessment reviewed existing evidence on the current state of the marine environment, which included the impact of fishing within the baseline state (Section 3).

It assessed the nature and extent of likely effects of the draft Whitefish/Demersal FMPs (including their policies and actions) on those environmental issues scoped into the assessment and where applicable their associated UK MS descriptors identified in Table 4. The SEA will assess the measures set out in the FMP to identify and mitigate any likely significant effects of the plan on the environmental issues scoped into the assessment. It is the draft FMPs, as a plan of management that have been assessed, rather than the fishing activities themselves.

As the FMPs are a strategic programme of work, the SEA will consider the potential positive and negative environmental effects of management options in the context of the UK MS descriptors. This SEA will also consider the in-combination effects and interactions of these FMPs with other plans and projects, including other FMPs.

More detailed fisheries assessments which consider current activity are already in progress or have been completed. These assessments may be used to inform the FMPs’ actions as they are delivered, and include:

• The Marine Directorate’s ongoing inshore MPA, inshore PMF and offshore MPA fisheries assessments programmes.
• Defra’s Revised Approach to fisheries management programme (inside six nautical miles) in England.
• The Marine Management Organisation’s (MMO) ongoing Fishery Assessment programme (outside six nautical miles) in England.
• Current fisheries management measures exist for nine inshore MPAs in Northern Ireland through The Marine Protected Areas (Prohibited Methods of Fishing) (Amendment) Regulations (Northern Ireland) 2022. Further fisheries measures are being drafted for 3 offshore MPAs and will be consulted on later this year.
• The Assessing Welsh Fishing Activities Programme is in place in Wales. This work assesses likely impacts to habitats and features from specific gears - it does not assess impacts from current activity, but the generic assessments are used to inform management.
• The annual Habitats Regulation Assessment (HRA) under Regulation 63 of the Conservation of Habitats and Species Regulations (CHSR) assessing for demersal fishing.
• The wider marine environment (UK MS).

Future delivery of the policies and actions specified in the FMP programmes may give rise to management changes such as new legislation to regulate cod, whiting, haddock, saithe, hake, monk, megrim and ling fishing. Such changes may have the potential to impact MPAs and their features and will be subject to more detailed Habitats Regulations Assessment before being implemented.

Nevertheless, this ER acknowledges the likely significant effects associated with fishing activity being managed through the draft Whitefish/Demersal FMPs and sets out in broad terms how the proposed FMPs will seek to avoid, reduce, or at least mitigate significant negative effects.

During the development of the draft Whitefish/Demersal FMPs, advice from Statutory Nature Conservation Bodies (SNCBs) (Natural England, JNCC and NatureScot) on the impacts of fishing activity in relation to MPAs, UK MS descriptors and priority marine features was considered. This ER reviews how this advice has been reflected in the proposed FMPs, and how the proposed policies and actions could change the baseline. There was no formal conservation advice specifically for Welsh waters at the point of developing the SEA, as there is no targeted Hake fishery in Wales. Natural Resources Wales (NRW) were engaged in the scoping exercise for this SEA and their advice was considered and reflected in this report. The Welsh Government requested advice from NRW in 2024 to support the development of other relevant mixed demersal fisheries FMPs which considers the potential impacts from pressures generated by relevant fishing gears, used to target the demersal FMP species. This also has application to the Northern Shelf Hake FMP in this case. Any further comments will be considered at the formal consultation stage.

It is important to note the draft Whitefish/Demersal FMPs contain a range of policies and actions that vary in their stage of development, depending upon the evidence available to support their implementation. The level of detail possible for our environmental assessment depends upon the stage of development of the policies and actions of the FMPs at the present time.

This assessment acknowledges the draft Whitefish/Demersal FMPs set out policies to develop the evidence base for the cod, whiting, haddock, saithe, hake, monk, megrim and ling fisheries. Our assessment used the best available evidence at the present time to reach a judgement on the environmental effects of the draft Whitefish/Demersal FMPs.

The detail of the environmental assessment is covered in section 5.