Scottish Natural Heritage Commissioned Report 341 Scottish Marine Ecosystem Objectives: Scoping study COMMISSIONED REPORT Commissioned Report No. 341 Scottish Marine Ecosystem Objectives: Scoping study For further information on this report please contact: Cathy Tilbrook Scottish Natural Heritage Upper Battleby Redgorton PERTH PH1 3EW Telephone: 01738 444177 E-mail: [email protected] This report should be quoted as: Saunders G., Scott M.M. (2010). Scottish marine ecosystem objectives: Scoping study. Scottish Natural Heritage Commissioned Report No. 341. This report, or any part of it, should not be reproduced without the permission of Scottish Natural Heritage or the Scottish Government. This permission will not be withheld unreasonably. The views expressed by the author(s) of this report should not be taken as the views and policies of Scottish Natural Heritage or the Scottish Government. © Scottish Natural Heritage 2010. COMMISSIONED REPORT Summary The development of Scottish Marine Ecosystem Objectives: Scoping study Commissioned Report No. 341 Contractor: Dr Graham Saunders, Haskoning UK Ltd; Michael M. Scott, OBE Year of publication: 2010 BACKGROUND Sustainable Seas for All, the Scottish Government consultation on the Scottish Marine Bill (Scottish Government, 2008), proposes that there should be a set of Marine Ecosystem Objectives (MEOs) as “a mechanism for setting out what the management of Scotland’s coasts and seas is aiming to achieve, outlining strategic goals for the marine environment, and translating the principles of an ecosystem-based approach into practice”. This scoping study was commissioned to contribute towards thinking on the general approach and principles for developing MEOs in Scotland; to consider how these might be used to underpin marine planning, monitoring and adaptive management for Scotland’s seas; and contribute to wider commitments at the European level. MAIN FINDINGS As summarised on pages 1 to 4, the report proposes a two-tier system of objectives for marine ecosystems, intended to achieve the agreed Vision for Scotland’s Seas:• Marine Ecosystem Standards: a set of ‘bottom-line’ targets to ensure that human activities are not damaging marine ecosystems and the environmental goods and services they provide; it proposes that these should be designed to assist reporting on the European Marine Strategy Framework Directive (EMSFD), but be tailored to reflect the special features and uses of Scotland’s seas. • National Marine Objectives: a set of environmental, social and economic aspirational objectives, aimed at improving the management of Scotland’s seas, and achieving the agreed Vision for Scotland’s Seas. The report proposes that these National Marine Objectives should be aimed at achieving two pre-existing sets of agreed outcomes for Scotland’s seas: the High Level Marine Objectives, proposed by the UK and Scottish Governments, and the Descriptors of Good Environmental Status in the EMSFD. For convenience, it proposes a new format for combining these highlevel outcomes, for which it coins the term ‘Outcomes for Scotland’s Seas’. For further information on this project contact: Cathy Tilbrook, Scottish Natural Heritage, Upper Battleby, Battleby, Redgorton, Perth, PH1 3EW Tel: 01738 444177 For further information on the SNH Research & Technical Support Programme contact: DSU (Policy & Advice Directorate), Scottish Natural Heritage, Great Glen House, Inverness, IV3 8NW. Tel: 01463 725000 or [email protected] CONTENTS LIST OF TABLES....................................................................................................................iv LIST OF FIGURES .................................................................................................................iv 1: MARINE ECOSYSTEM OBJECTIVES – OVERVIEW OF RECOMMENDATIONS ........... 1 2. INTRODUCTION ................................................................................................................ 6 3. SCOPING THE CONCEPT AND TERMINOLOGY............................................................. 9 3.1 ‘Marine Ecosystem Objectives’: background to the term ............................................ 9 3.2 ‘Marine Ecosystem Objectives’: published guidance ................................................ 10 3.3 ‘Marine Ecosystem Objectives’: the underlying rationale.......................................... 13 3.4 Scoping a structure to define marine objectives ....................................................... 16 3.5 Scoping the potential range of Outcomes for Scotland’s Seas ................................. 21 4. BUILDING ON EXISTING OBLIGATIONS AND COMMITMENTS................................... 25 4.1 World Summit on Sustainable Development............................................................. 25 4.2 European Marine Strategy Framework Directive ...................................................... 25 4.3 Obligations in other European Directives.................................................................. 26 4.4 The OSPAR Convention ........................................................................................... 28 4.5 Existing Scottish domestic commitments .................................................................. 29 4.6 Work at the UK level by Defra, UKMMAS and Evidence Groups ............................. 30 5. LESSONS FROM INTERNATIONAL EXAMPLES ........................................................... 33 5.1 Lessons from HELCOM ............................................................................................ 33 5.2 Lessons from Canadian Oceans Strategy ................................................................ 34 5.3 Lessons from Australian Oceans Policy.................................................................... 36 6. AN OBJECTIVES STRATEGY FOR SCOTLAND’S SEAS .............................................. 38 6.1 Overview ................................................................................................................... 38 6.2 The concept behind Marine Ecosystem Standards................................................... 39 6.3 Draft proposals for Marine Ecosystem Standards..................................................... 42 6.4 The basis for National Marine Objectives. ................................................................ 45 i 6.5 Draft National Marine Objectives for delivering Clean & Safe Scottish seas ............ 47 6.6 Draft National Marine Objectives for delivering ‘Healthy & Biologically Diverse’ Scottish Seas .................................................................................................................. 48 6.7 Draft National Marine Objectives for delivering ‘Productive’ Scottish Seas, meeting the needs of people......................................................................................................... 50 6.8 Draft National Marine Objectives for delivering improved governance, contributing to the sustainable management of our seas ....................................................................... 53 6.9 Mechanisms to take forward National Marine Objectives and Marine Ecosystem Standards........................................................................................................................ 55 6.10 Overall assessment of proposed system of Objectives and Standards .................. 57 7. AVAILABILITY OF DATA TO INFORM SCOTTISH TARGETS AND OBJECTIVES........ 58 8. ‘SCOTTISH SOLUTIONS TO SCOTTISH PROBLEMS’ .................................................. 63 8.1 Unique, special and distinctive Scottish features relevant to targets and objectives 63 8.2 Natural features of particular Scottish importance .................................................... 64 8.3 Economic and social features of particular Scottish importance............................... 67 8.4 Correspondence with the Proposed Outcomes for Scottish Seas ............................ 72 9. ASSESSMENT OF PROPOSALS AGAINST SCOTTISH POLICY BACKGROUND ...... 74 REFERENCES ..................................................................................................................... 77 GLOSSARY .......................................................................................................................... 80 APPENDIX 1: Inventory of Aims, Objectives, Goals or Descriptors relevant to the UK – obligations and commitments ............................................................................................... 82 A1.1 United Nations Convention on the Law of the Sea – resolutions............................ 84 A1.2 Bergen Ministerial Declaration................................................................................ 88 A1.3 EU Habitats Directive.............................................................................................. 91 A1.4 EU Birds Directive................................................................................................... 92 A1.5 EU Water Framework Directive .............................................................................. 93 A1.6 European Marine Strategy Framework Directive.................................................... 95 A1.7 OSPAR Annex V..................................................................................................... 95 A1.8 OSPAR Strategies for the Protection of the Marine Environment of the North-East Atlantic ............................................................................................................................ 96 A1.9 Safeguarding Our Seas .......................................................................................... 98 ii A1.10 UK High Level Marine Objectives ......................................................................... 98 A1.11 Review of Marine Nature Conservation Operational Objectives......................... 100 A1.12 UK Biodiversity Action Plan ................................................................................ 105 A1.13 UK Public Service Agreement Framework ......................................................... 113 A1.14 Scottish National Marine Objectives ................................................................... 114 A1.15 Scottish Biodiversity Strategy ............................................................................. 115 A1.16 A Strategic Framework For Scotland's Marine Environment .............................. 116 A1.17 Seas the Opportunity: A Strategy for the Long Term Sustainability of Scotland’s Coasts and Seas........................................................................................................... 118 A1.18 Renewed Strategic Framework for Scottish Aquaculture ................................... 119 APPENDIX 2: Inventory of Aims, Objectives, Goals or Descriptors relevant to the UK – initiatives of uncertain status or lapsed ............................................................................... 121 A2.1 North Sea Pilot Ecological Quality Objectives ...................................................... 121 A2.2 Scottish Biodiversity Implementation Plan (Marine and Coastal Ecosystems)..... 122 A2.4 Draft Proposed Contributory Marine Objectives (Version 0.2).............................. 134 A2.5 Irish Sea Conservation Objectives (superseded) ................................................. 135 A2.6 Scottish Biodiversity Strategy (2003 ~ superseded) ............................................. 139 APPENDIX 3: Draft Contributory Marine Objectives (UKMMAS, 2007).............................. 142 APPENDIX 4: Case Study – The Approach of HELCOM ................................................... 157 A4.1 The ecosystem approach in the Baltic Sea .......................................................... 157 A4.2 Establishing targets and indicators for the Baltic Sea........................................... 159 A4.3 The HELCOM Baltic Sea Action Plan................................................................... 159 APPENDIX 5: Case Study – An Ecosystem Approach in Canadian Waters – The Eastern Scotian Shelf....................................................................................................................... 164 A5.1 The Development of Ecosystem Objectives in Canadian waters ......................... 164 A5.2 Implementation Progress in Canada .................................................................... 167 APPENDIX 6: Case Study – A Management Approach to Australian Waters .................... 174 A6.1 National Strategy for Ecologically Sustainable Development ............................... 174 A6.2 Australian Oceans Policy...................................................................................... 174 A6.3 Subsequent changes to Australian Oceans Policy ............................................... 178 iii A6.4 Australian regional planning ................................................................................. 180 LIST OF TABLES 2.1: Actions proposed to meet target 3.1of the marine and coastal biodiversity implementation plan……………………………………………………… 7 3.1: The twelve principles of the ecosystem-based approach, as recommended by the 2000 Conference of Parties of the Convention of Biological Diversity 14 3.2: Nine Principles of Ecologically Sustainable Ocean Use 15 3.3: Assessment of the High Level Marine Objectives (HLMOs) against the Strategic Vision for Scotland’s seas…………………………………………………… 17 3.4: Assessment of the descriptors for Good Environmental Status of European seas and oceans against the Strategic Vision for Scotland’s Seas……… 20 3.5: The 25 Outcomes for Scotland’s Seas (OSSs) drawn from a synthesis of 11 Descriptors of Good Environmental Status and 19 High Level Marine Objectives 22 4.1: Comparison of the EMSFD Descriptors of Good Environmental Status with equivalent Contributory Marine Objectives being developed by UKMMAS………… 31 6.1: Assessment of proposed Scottish hierarchy of outcomes and objectives, compared against Canadian and UK (Defra) terminology……………………………… 58 7.1: European, UK and Scottish indicators relevant to marine ecosystem status reporting………………………………………………………………………………………… 59 7.2: Summary of data collected that could indicate whether Scotland’s seas are healthy and biologically diverse…………………………………………………………… 61 8.1: An assessment of the correspondence between the identified unique, special and distinctive Scottish features and the proposed Outcomes for Scotland’s Seas 73 LIST OF FIGURES 1.1: The proposed hierarchy of marine outcomes, objectives and standards………… 5 5.1: Outline of the HELCOM ecological objectives……………………………………… 33 NOTE: Tables and Figures in the Appendices are not listed above. iv 1: MARINE ECOSYSTEM OBJECTIVES – OVERVIEW OF RECOMMENDATIONS “Scotland’s ocean ecosystems and their marine biological diversity are core national assets. If our use of them is well managed, they can meet a broad range of economic, social and cultural aspirations. They also provide a range of essential environmental services that would be extremely costly or impossible to restore or replace if ecosystem functioning was impaired.” Adapted from Australian Oceans Strategy The Strategic Vision for Scotland’s seas, as stated in the 2005 Scottish Executive consultation paper Seas the Opportunity, is:“A clean, healthy, safe, productive and biologically diverse marine environment, which, through sustainable management, will continue to support the interests of nature and people”. The means proposed for achieving this are elucidated in the 2008 Scottish Government consultation paper, Sustainable Seas for All. This proposes the establishment of a new body, called Marine Scotland, to “champion the seas and their use, and provide better integrated and streamlined delivery in the marine area”1. The paper proposes that “a key duty of Marine Scotland will be to deliver increased economic growth for the marine area, and strategic oversight of potential development will be an essential element in generating further growth”. Marine Scotland will have responsibility for developing a National Marine Plan, as part of which the Scottish Government proposes to agree a set of National Marine Objectives, based on the five guiding principles of sustainable development. Box 2.2 in the consultation paper comments on these National Marine Objectives. Amongst the details, it states that “Marine Objectives for Scotland will also include Marine Ecosystem Objectives (MEOs). These will be a mechanism for setting out what the management of Scotland’s coasts and seas is aiming to achieve; outlining strategic goals for the marine environment, and translating the principles of an ecosystem-based approach into practice.” As part of the process of developing a Scottish Marine Bill to enact these proposals, this paper was commissioned by Scottish Natural Heritage, on behalf of the Scottish Government. The authors of this report were requested to “review experience, develop the concept, and recommend possible approaches to drawing up a list of Scottish MEOs, including key exemplars and a potential list”. Our conclusions are discussed in detail in the full report, but are summarised here. The term ‘Marine Ecosystem Objectives’ emerged in the UK in the context of discussions on Marine Bills for the various administrations. There is therefore no body of international literature to support the term. Much valuable work has been done on the MEO concept by various expert working groups in the UK, but their recommendations are not entirely consistent and risk putting in place a system that is more complex and cumbersome than is strictly necessary to ensure that the Strategic Vision for Scotland’s Seas is achieved. 1 Richard Lochhead, the Cabinet Secretary for Rural Affairs and the Environment, subsequently announced in February 2009 that this new body would be established by 1st April 2009, with the aim of “managing Scotland’s seas for prosperity and environmental sustainability” and as “the champion for our marine environment”. 1 Accordingly, we sought to return to first principles, and consider the reason why the term ‘Marine Ecosystem Objectives’ was first coined in the context of managing the seas around Britain. We believe the term is intended to indicate that management prescriptions must operate at a geographical scale appropriate to marine ecosystems, which may vary between a relatively small, discrete ‘biogenic reef’ to an entire open sea area, such as the North Sea. We believe it is intended to suggest that these objectives should be based around the fundamental principles of the ecosystem-based approach (on which a substantive body of international literature does exist; see table 3.1), and that they should be integrated with the concept of ‘living within environmental limits’, identified by the UK Government and its devolved administrations as one of the five guiding principles of sustainable development. Reading further into the literature on MEOs, as well as considering the aspirations of Sustainable Seas for All, and the conclusions of the earlier inquiry into the marine environment by the Scottish Parliament’s Environment and Rural Development Committee (2007), we concluded that there are two different, but complementary, sets of purposes that MEOs are expected to deliver:• a set of high-level, aspirational targets and objectives to improve the state of the marine environment around Scotland, and our sustainable use of that environment; • a set of ‘bottom line’ targets and objectives to ensure that our use of the sea does not further damage or deplete the ecological resource and environmental services on which the value of the seas ultimately rests, and to assess progress towards reversing past damage to the seas around Scotland. We commend this two-tier approach to targets and objectives, and propose that the two sets, in combination, should be taken to represent the Marine Ecosystem Objectives proposed in Sustainable Seas for All. Their overarching aim should be to achieve the Strategic Vision for Scotland’s Seas, taking into account also the Scottish Government’s objectives stated in Scotland Performs. To avoid confusion with existing strategies and targets, we propose new names for these two different elements. To meet the ‘bottom line’ set of targets and objectives, we propose the following:Marine Ecosystem Standards (MESs): These will be a ‘bottom line’ set of targets for Scotland’s seas, which will allow us to ensure that we are managing human activities in a way that is not damaging marine ecosystems and the environmental goods and services they provide for Scotland’s people, and are making progress in restoring past damage where this is necessary. These will be broadly analogous with the standards that the Scottish Government sets for the education and health services. As with these standards, they will be partly indicators of performance, but they will also contain an active management element, prompting action to fine-tune or amend management prescriptions if evidence shows that these MESs are not being achieved. The considerable attention that has been paid to the marine environment in recent years means that many obligations have been placed already upon the Scottish Government for the management of its marine region, while the Scottish Government itself has made many further commitments on marine management. The Scottish Government is also partner in a range of other initiatives that are developing objectives for Scotland’s and the UK’s seas. Our analysis suggests it will be possible to put in place a set of Marine Ecosystem Standards that can achieve the purpose outlined above from a range of existing targets and indicators, without the need for a major new commitment of time and resources. 2 Similarly, when it comes to the high-level, aspirational targets and objectives to achieve the Strategic Vision for Scotland’s Seas, our analysis suggests that all elements of this Vision are encompassed within two sets of existing high-level objectives: the High Level Marine Objectives 2 , proposed by the UK government and on which the Scottish Government consulted in Sustainable Seas for All, and the Descriptors of Good Environmental Status stated in the European Marine Strategy Framework Directive (EMSFD). Because there is considerable overlap between these two sets of high-level objectives, we have rationalised them into a single, integrated set of 25 outcomes or objectives for Scotland’s seas, shown in Table 3.5 on pages 21-23. For ease of reference, we propose a new name for these, but we emphasise that these are merely a rewording and rationalisation of existing objectives. We also believe that these outcomes match the aspirations of Scotland Performs, and will help to meet other marine commitments, such as the Scottish commitments to the OSPAR Convention. Outcomes for Scotland’s Seas (OSSs): These are a set of 25 high-level outcomes and objectives already agreed for Scotland’s Seas, based on, and integrated from, the High Level Marine Objectives proposed by the UK and Scottish Governments, and the Descriptors of Good Environmental Status in the European Marine Strategy Framework Directive. Together these outcomes will ensure a marine environment which is clean, healthy, safe, productive and biologically diverse, and which, through sustainable management, will continue to support the interests of nature and people. Because these Outcomes for Scotland’s Seas incorporate the agreed High Level Marine Objectives, we believe that they fully encompass the social and economic aspirations of Sustainable Seas for All, as well as the environmental ones. However this is the subject of a separate Scoping Study, which may amend, or expand upon, our recommendation. As already noted, Sustainable Seas for All proposes a set of National Marine Objectives. We suggest that the key task of these Objectives should be to achieve the Outcomes for Scotland’s Seas. We further suggest that these National Marine Objectives should include the aspirational targets and objectives to improve the state of the marine environment around Scotland, and our sustainable use of that environment:National Marine Objectives (NMOs): These are already proposed in Sustainable Seas for All. We suggest that these should include a group of objectives relating to improving the environmental management of Scotland’s seas, to meet the vision of a clean, healthy, safe, productive and biologically diverse marine environment, which, through sustainable management, continue to support the interests of nature and people. These environmental objectives should sit alongside objectives for the social and economic use of Scotland’s seas, all of which should be required to work in sympathy with each other and in ways which do not impact negatively on the Marine Ecosystem Standards. As with Marine Ecosystem Standards, our analysis suggests that the majority of the National Marine Objectives to meet environmental outcomes already exist in requirements upon, and commitments by, the Scottish Government (including the OSPAR Convention strategies for North Sea waters), although some new objectives will need to be agreed, and 2 The UK High Level Marine Objectives were revised following consultation, after the completion of this report. The final version is available at http://www.defra.gov.uk/marine/pdf/environment/ourseas2009update.pdf. 3 it will be important to ensure that these objectives fully encompass the special features of Scotland’s sea and of the particular economic and social uses we make of these seas. Bringing together these commitments within the scope of the National Marine Objectives would give them a more integrated approach than is possible at present, thus enhancing delivery, and give Marine Scotland clear priorities in taking forward its integrated remit. As noted, the National Marine Objectives are likely to be partly aspirational in their nature, but it is important that they should be formulated in ways that make it possible to assess, and report on, progress in their achievement. In practice, these objectives would be ‘operationalised’ within the specific corporate or operational plans of Marine Scotland and the Scottish Government department, agencies and non-departmental bodies (including Scottish Marine Regions) whose remits relate to the marine environment. The overall framework we propose can therefore be summarised by Figure 1.1 below. These various recommendations are expanded upon and explained in the main report, drawing on the considerable body of work already done in Scotland and the UK, and on international expertise from various countries. In the report we also present, for consideration, examples of the kinds of targets we propose as Marine Ecosystem Standards and some preliminary thoughts on the sort of National Marine Objectives that we would envisage as a means to achieve the agreed Outcomes for Scotland’s Seas. 4 Marine Commitments (OSPAR etc) Scotland Performs High Level Marine Objectives Outcome for Scotland’s Seas 1 National Marine Objective (i) National Marine Objective (ii) Good Environmental Status Strategic Vision for Scotland’s Seas (EMSFD) Outcome for Scotland’s Seas 2 National Marine Objective (iii) National Marine Objective (i) National Marine Objective (ii) Outcome for Scotland’s Seas 3 National Marine Objective (iii) National Marine Objective (i) National Marine Objective (ii) iterative Marine Ecosystem Standards Figure 1.1: The proposed hierarchy of marine outcomes, objectives and standards 5 National Marine Objective (iiii) 2. INTRODUCTION The statement quoted at the top of Chapter 1 is adapted from documentation relating to the Australian Oceans Strategy3 (see Appendix 6), but it applies just as strongly to the waters around Scotland, and reflects one of the primary motivations behind both the Scottish Marine Bill introduced to the Scottish Parliament in 2009 and the European Marine Strategy Framework Directive, adopted in 2008. Broadly speaking, the aim of both pieces of legislation is to ensure that marine ecosystems are maintained at, or restored to, a healthy status, so that they can support the wide range of economic, social and cultural uses we make of the seas around Scotland. This then relates to the Strategic Vision for Scotland’s seas, stated in the 2005 consultation paper Seas the Opportunity (Scottish Executive, 2005a):“A clean, healthy, safe, productive and biologically diverse marine environment, which, through sustainable management, will continue to support the interests of nature and people”. The proposed means of achieving this vision were set out in Sustainable Seas for All: a consultation on Scotland’s first marine bill (Scottish Government, 2008), which invited consultees to comment on a range of proposals covering marine planning; licensing and enforcement; marine nature conservation; science and data; and marine management mechanisms. On marine management, the consultation paper states that Scottish Ministers propose to establish a new body, called Marine Scotland, to “champion the seas and their use, and provide better integrated and streamlined delivery in the marine area” (see also footnote on page 1). The paper proposes that “a key duty of Marine Scotland will be to deliver increased economic growth for the marine area, and strategic oversight of potential development will be an essential element in generating further growth”. But if this economic growth is to be truly sustainable, as the Scottish Government wishes – and if the vision of a clean, healthy, safe, productive and biologically diverse marine environment is to be realised – a set of environmental checks and balances will also need to be put in place. Part of the key to these checks and balances will be the National Marine Plan, proposed in chapter 2 of Sustainable Seas for All, which states that this plan “will set out policies and priorities for the sustainable use, development, management and protection of Scotland’s marine and coastal resources”. Marine Scotland will have responsibility for developing this National Marine Plan, as part of which the Scottish Government proposes to agree a set of National Marine Objectives. All of these are to be based on the five guiding principles of sustainable development:• • • • • living within environmental limits; ensuring a strong, healthy and just society; achieving a sustainable economy; promoting good governance; and using science responsibly. Box 2.2 in the consultation paper comments further on these National Marine Objectives:“Marine Objectives for Scotland will also include Marine Ecosystem Objectives (MEOs). These will be a mechanism for setting out what the management of Scotland’s coasts and seas is aiming to achieve; outlining strategic goals for the 3 See www.environment.gov.au/coasts/oceans-policy/publications/policy-v1.html 6 marine environment, and translating the principles of an ecosystem-based approach into practice. The MEOs will be substantially informed by the River Basin Management Plan objectives [developed to meet the EU Water Framework Directive] at both local and national levels.” In support of the proposed Scottish Marine Bill, MEOs also feature in the Marine and Coastal Ecosystems element of the 2008-2010 Biodiversity Implementation Plan4 (currently in draft and undergoing consultation as part of the Strategic Environmental Assessment process). Target 3.1 in this plan is:“A set of Marine Ecosystem Objectives (MEOs) is proposed for Scotland, integrating requirements of EU directives within wider objective-setting for the sustainable use of Scottish seas.” It is proposed that this target is taken forward initially by four actions, as shown in Table 2.1. Table 2.1: Actions proposed to meet target 3.1 of the marine and coastal biodiversity implementation plan Action Number 3.1a 3.1b 3.1c 3.1d Proposed Action Approach to be adopted for MEOs scoped, and an initial set of objectives proposed for wider consultation. Based on these proposals, consultation undertaken on a system of Scottish MEOs, as a contribution to the development of the Scottish Marine Bill. Following consultation, advice offered to Ministers on these MEOs and their implementation at the Scottish level, in cooperation with lead partners and stakeholders. Measures taken to ensure that MEOs are reflected in the development of proposals for Marine Spatial Planning in Scottish waters, including in any proposals on MSP in the Scottish and UK Marine Bills. MEOs have also been mentioned in a variety of documents commissioned by Defra, relating to the development of the proposed UK Marine Bill, but the precise meaning of the term ‘Marine Ecosystem Objective’ is rarely defined, and it would seem that there are somewhat different expectations as to what these MEOs are intended to achieve. The contract to produce this Scoping Study was therefore commissioned by Scottish Natural Heritage, in part to discharge action 3.1a in table 2.1 above. The stated aim is “to review experience, develop the concept, and recommend possible approaches to drawing up a list of Scottish MEOs, including key exemplars and a potential list. The output of the project will be an initial list of MEOs which could then be subject to wider consultation by the Scottish Government, as part of the development of the Scottish Marine Bill”. The latter process would then discharge action 3.1b of the marine and coastal biodiversity implementation plan. The contract requires the final report to set out the following:- 4 See www.biodiversityscotland.gov.uk/library/Scottish%20Biodiversity%20Strategy%20Implementation%20 Plan%202008-10%20-%20draft%20-%20August%202008.xls 7 • the proposed principles and approach for developing Scottish MEOs with key exemplars; • a provisional list of elements of ecosystem structure and function that should be covered by Scottish MEOs; • a draft list of Scottish MEOs, with some full worked examples (including options on associated targets, indicators, etc); • recommendations on the way in which MEOs might be used to underpin marine planning, monitoring and adaptive management and their purpose and role in achieving wider commitments such as delivering MSFD or OSPAR targets ; • options to ensure that MEOs can be reviewed and revised as knowledge and understanding of marine ecosystems and processes increases; • options for the status of MEOs (particularly in relation to other broader marine objectives covering social, economic and environmental priorities) and whether there should be a legal obligation for public bodies to take account of these in their operations; • recommendations for any further work considered to be required, including resolving gaps in understanding and data. This report is the product of this Scoping Study, and in it we will • consider the background and concept behind the term ‘Marine Ecosystem Objectives’ and the presumptions that we believe underpin this term (chapter 3); • consider existing targets and objectives that may inform the establishment of a Scottish set of objectives and standards (chapter 4 and appendices 1-3), and the availability of data to support these (chapter 7); • consider lessons from a number of international examples we investigated in researching this scoping study (chapter 5 and appendices 4-6); • building on this information, recommend a two-tier approach to take forward management objectives for the marine environment in Scotland (chapter 6); and • briefly investigate some particularly Scottish elements of the marine environment which support the oft-quoted contention that we require ‘Scottish solutions to Scottish problems (chapter 8), and assess the recommendations we make here against the current Scottish policy background (chapter 9). 8 3. SCOPING THE CONCEPT AND TERMINOLOGY 3.1 ‘Marine Ecosystem Objectives’: background to the term A quick ‘Google’ search shows that there is no vast international literature underpinning the term ‘Marine Ecosystem Objective’. The precise term only occurs in British documents, or in British contributions to various European symposia, and only in the context of the long discussions leading up to the present proposals for marine bills by the UK and Scottish Governments. The first stage for this Scoping Study therefore was to consider a definition for this term. ‘Marine’ is probably the least contentious part of the term: ‘of, or relating to, the sea or ocean’. There is an occasional tendency to conflate this with coastal (as the UK Government did with coastal access in its draft marine bill), but this invariably leads to confusion, as the pressures and processes acting on the terrestrial environment are quite different from those on the marine environment. For the purposes of this document, therefore marine will be defined as ‘from the greatest ocean depths up to the highest reach of the tides’. ‘Objective’ is a term that is widely used, but with a variety of different levels of rigour in its precise meaning. The Chambers Dictionary defines it as ‘a goal or aim’, or as ‘the point to which the operations (esp of an army) are directed’. The Oxford Dictionary of Environment and Conservation (Park, 2007) offers a definition more pertinent to the current consideration:“objective A high-level statement of what is desired in any project or activity, often expressed as a specific statement of the measurable results that are to be achieved within a stated period of time” It is, however, a term subject to individual interpretation, to the extent that the authors of this report did not entirely agree on what an objective should be. It can be either a description of the distant horizon we wish to reach, or a route planner defining precisely how we plan to reach that horizon. This range of potential definitions is very evident in the many preexisting statements of objectives that we reviewed in Appendices 1 and 2. The term is used in a widely different way between the different sources reviewed, and this has become a source of considerable confusion. Turning then to the third element, ecosystem is defined in Park (2007) as follows: “ecosystem: Short for ecological system, meaning the natural interacting biotic and abiotic system in a given area, which includes all of the organisms (plants, animals, fungi and micro-organisms) that live in particular habitats, along with their immediate physical environment… The term was first used by British ecologist Arthur Tansley in 1935, who visualized ecosystems as being composed of two parts, the biome and the habitat. In Tansley’s view ‘all parts of such an ecosystem – organic and inorganic, biome and habitat – may be regarded as interacting factors which, in a mature ecosystem, are in approximate equilibrium; it is through these interactions that the whole system is maintained…” The Global Biodiversity Assessment (Heywood, 1995) defines an ecosystem as:“a dynamic complex of plant, animal, fungal, and micro-organism communities and their associated non-living environment, interacting as an ecological unit; the organisms living in a given environment, such as a tropical forest or a lake, and the physical part of the environment that impinges on them.” 9 Both definitions emphasise that the term ecosystem encompasses all the natural ecological processes, population dynamics and community interactions, as well as the abiotic element of the environment, such as substrate type, water movement, particle size, salinity, turbidity, temperature etc – all features which are well beyond our abilities to control, but are retained in dynamic balance within mature, functioning ecosystems. Combining the three terms, a number of things become apparent. Firstly, there is clearly no such thing as ‘the marine ecosystem’, any more than there is one ‘terrestrial ecosystem’: the marine environment is a complex of many interlinked ecosystems. Secondly, to talk about objectives for an ecosystem, is, in technical terms, a scientific absurdity. Mature ecosystems, as Tansley noted, tend towards equilibrium and their natural processes define “the point to which their operations are directed”. Very few, if any, marine ecosystems today are fully mature, because of direct and indirect human influences, but the essential requirement for marine management is to ensure the continuing functioning of ecosystems, so that they can continue to deliver the various products and services on which so many of our marine businesses and communities rely, and for the wider benefit of the people of Scotland. This analysis suggests that what we are specifically talking about is objectives for ecosystem management, and the more scientifically rational term would therefore be ‘Marine Ecosystem Management Objectives’. The definition in Park (2007) is helpful on this term: “ecosystem management An integrated approach to the management of ecosystems and natural resources that seeks to balance ecological, economic and social goals in a sustainable way, by respecting and protecting the natural integrity and processes of ecosystems, and through deliberate manipulation of ecosystem structure and/or function, and/or regulation of human uses of ecological systems. Natural resource management up to the 1960s relied heavily on managing parts of ecosystems as more or less independent units… One important development since the early 1970s has been the widespread adoption of an integrated ecosystems framework and perspective in natural resource management…” That definition seems to come closer to a rationale that we should consider for Marine Ecosystem Management Objectives, most particularly with respect to the “regulation of human uses of ecological systems”. The definition makes clear that the concept is not a purely scientific one, but is based, at least in part, on societal values and choices which need to lie at the heart of the system of marine planning proposed in the consultation on the Scottish Marine Bill. This is made even clear in the UN General Assembly December 2007 resolution (62/215) on oceans and the law of the sea (see Appendix 1.1), which:“Notes that ecosystem approaches to ocean management should be focused on managing human activities in order to maintain and, where needed, restore ecosystem health to sustain goods and environmental services, provide social and economic benefits for food security, sustain livelihoods…and conserve marine biodiversity.” 3.2 ‘Marine Ecosystem Objectives’: published guidance In scoping how to take forward the concept of ‘Marine Ecosystem Objectives’ it is important to also consider where the term originated. Few, if any, of the published papers help in this respect. A technical paper to support the development of marine ecosystem objectives for 10 the UK (Rogers et al., 2005) states “it is thought that a management framework centred on ecosystem objectives will help decision-makers and regulators in their management of human activity in the marine environment”, again emphasising that these are viewed essentially as management tools. The paper then goes on to annotate the [UK] Government’s vision for the “UK Marine Ecosystem (sic)”, and the rest of the paper discusses what such objectives might look like, without defining what the term means. It is interesting that by the time of the November 2005 workshop that followed this paper (Rogers & Tasker, 2005), the focus had shifted to ‘Marine Objectives’. This paper states:“The existing UK Strategic Goals, which underpin the Vision, should be supported by high-level statements (Ecological Objectives) of what is to be obtained for each ecological component. These in turn should be made operational by further objectives that have a direct and practical interpretation and that are specific to regions, uses and/or sectors (Operational Objectives)… While Ecological Objectives should only be set for measures of state of the ecosystem, Operational Objectives should relate to the pressure generated by human activities, as well as the state of ecosystem components.” This then might offer a working definition of a Marine Ecosystem Objective, which would therefore be “a high-level statement of what is to be obtained with respect to the state of each ecosystem component”. Given the complexities of ecosystems, and the myriad components making them up, this rather implies a plethora of such objectives. Nor is this definition applied consistently in the example objectives developed by the workshop. “Zooplankton should remain within specified limits, taking account of natural population dynamics and trends” is one example quoted that broadly fits with this definition, whereas another example quoted, “minimise by-catch of turtles”, is much more of an operational objective, relating to controlling a pressure generated by a human activity. Thinking on these matters has advanced by the subsequent paper (Rogers et al., 2005), which states: “Marine ecosystem objectives can be used to describe the desired or undesired state of marine ecosystems, including the part played by humans, consistent with the government’s vision. They should also guide the management and mitigation of human activities to deliver the desired state, and assess the effectiveness of management measures to achieve the vision and strategic goals.” The desired state of the seas around Scotland has been considered in a paper produced for, but not adopted by, the Advisory Group on the Marine and Coastal Strategy (AGMACS, 2007), and that paper will therefore be a useful source document in this context. This ‘desired state’ is presumably something equivalent to the “good environmental status” required by the EU Marine Strategy Framework Directive, in which case Marine Ecosystem Objectives would become the measures required to achieve this status. However, it is questionable whether ‘descriptions of the desired or undesired state of marine ecosystems’ would qualify, in strict terms, as objectives; they might more properly be described as ‘targets’. Rogers et al (2007) later states:“Further development of ecological objectives in the UK has taken account of existing objectives, and the short-term need to provide a pragmatic and practical set of objectives for further consideration. The approach has made use of current obligations as a starting point for a complete UK framework, generally focussing on important structural components of the ecosystem. It has also included objectives for other attributes, such as species diversity and ecosystem processes that are not direct biological properties but are functions of the entire ecosystem.” 11 We welcome and support this pragmatic approach, although we will later discuss our doubts as to whether the need is for a ‘complete framework’ or a more limited approach that is nevertheless fit-for-purpose in ensuring that our objectives for Scotland’s seas are being realised. Paramor & Frid (2006) take a similar approach to Rogers et al (2007), defining ‘ecological objectives’ as “a statement of what is to be obtained for each ecological component (e.g. habitats, fish, birds and marine mammals) and whose achievement will ensure productive and healthy UK marine ecosystems”. They suggest that these will be supplemented by “operational objectives which provide a direct and practical interpretation of the management that is necessary to achieve the ecological objectives”. This again would seem to imply the production of a large number of objectives (or, more properly, targets), each of which has to be monitored and reported on. While the desire for such scientific rigour is admirable, there has to be some question as to whether the resourcing required for such extensive monitoring and reporting is ultimately to the best benefit of the marine environment, or whether this might be diverting resources that would be better directed at positive marine management. One of the key groups promoting the concept of Marine Ecosystem Objectives has been the environmental NGOs. A paper on the topic by Scottish Environment Link (2008) calls for two levels of objectives. It states: • “High-level Marine Ecosystem Objectives Government’s policy on the marine environment; should underpin the Scottish • Further SMART Marine Ecosystem Objectives should be used to monitor the health of Scotland’s seas, and ensure that high-level objectives are delivered.” The paper continues: “A Scottish Marine Bill should establish a duty for Scottish Ministers to set, implement and monitor Marine Ecosystem Objectives in line with recommendation 6.4.2 of the Advisory Group on the Marine and Coastal Strategy (AGMACS) (Scottish Executive, 2006): that a Scottish set of Marine Ecosystem Objectives should be drawn together with full stakeholder engagement, during 2007. These should have the ecosystem approach at their heart, and should be fully integrated with a broad policy approach of ‘living within environmental limits’. They should be nested with a wider set of MEOs for UK waters and for the Regional Seas around Scotland”. Such MEOs should encompass a set of high-level objectives, which would underpin marine policy, as well as a further, more detailed set of MEOs which would allow measurement of the health of Scotland’s seas” The LINK paper concludes that “MEOs should form the foundation of the Scottish Marine Bill, and both the health of Scotland’s seas and effectiveness of new management measures (including marine planning) should be assessed according to these. The bill should also establish a mechanism for reporting to Parliament on progress towards achieving these MEOs”. They therefore appear to propose two tiers of MEOs, each with significantly different purposes, and this was confirmed in discussion with a member of the LINK marine task force (R. Boyd, pers. comm.). This is considered further in our conclusions in Chapter 6. 12 3.3 ‘Marine Ecosystem Objectives’: the underlying rationale Perhaps, rather than analysing nuances of the meaning of the term ‘Marine Ecosystem Objectives’, it is more useful to consider why it was coined in the first instance, and why it has come to be regarded as such an essential plank of marine policy. It seems probable that it was originally written in lower case as marine ecosystem objectives. The intention, we believe, was to emphasise that the marine environment is a complex of ecosystems, and that any decisions on the management of that environment need to be based on that understanding. So management to achieve outcomes for any one element of that ecosystem is unlikely to have the desired effect unless the whole ecosystem is managed to ensure it can continue to function in a healthy way. Such management would need to be targeted at a geographic scale relevant to that ecosystem, which might vary between a relatively small, discrete serpulid reef in a Scottish sealoch to an entire open sea area, such as the North Sea. Before any ecosystem can be managed effectively, it is vital to understand its dynamics, so ecosystem management needs to be based around the security of sound science. The term ‘marine ecosystem objectives’ also neatly encompasses two fundamentals quoted in the AGMACS report cited by Scottish Environment LINK: “They should have the ecosystem approach at their heart, and should be fully integrated within the broad policy approach of ‘living within environmental limits’.” There are many definitions of the ecosystem approach, or ecosystem-based approach, as it is now more generally referred to. In Sustainable Seas For All, the consultation on the Scottish Marine Bill (Scottish Government, 2008a), the Scottish Government defines it thus:“Ecosystem based approach: Integrating and managing the range of demands placed on the natural environment in such a way that it can indefinitely support essential services and provide benefits for all.” A more detailed definition in general acceptance is based on the 12 principles of the ecosystem-based approach recommended by the 2000 Conference of Parties of the Convention of Biological Diversity, shown in Table 3.1 on the next page. ‘Living within environmental limits’ is defined in the UK Government’s 2005 sustainable development strategy, ‘Securing the Future’ (UK Government, 2005), as “respecting the limits of the planet’s environment, resources and biodiversity – to improve our environment and ensure that the natural resources needed for life are unimpaired and remain so for future generations.” 13 Table 3.1: The twelve principles of the ecosystem-based approach, as recommended by the 2000 Conference of Parties of the Convention of Biological Diversity (from Laffoley et al, 2003) 1. The objectives of management of land, water and living resources are a matter of societal choice. 2. The management should be decentralised to the lowest appropriate level. 3. The ecosystem approach should be undertaken at the appropriate spatial and temporal scales. 4. Recognising the varying temporal scales and lag-effects that characterise ecosystem process, objectives for ecosystem management should be set for the long-term. 5. Ecosystem managers should consider the effects (actual or potential) of their activities on adjacent and other ecosystems. 6. Recognising potential gains from management, there is usually a need to understand and manage the ecosystem in an economic context. Any such ecosystem-management programme should: reduce those market distortions that adversely affect biological diversity; align incentives to promote biodiversity conservation and sustainable use; and internalise costs and benefits in the given ecosystem to the extent feasible. 7. Conservation of ecosystem structure and functioning, in order to maintain ecosystem services, should be a priority target of the ecosystem approach. 8. Ecosystems should be managed within the limits of their functioning. 9. Management must recognise that change is inevitable. 10. The ecosystem approach should seek the appropriate balance between, and integration of, conservation and use of biological diversity. 11. The ecosystem approach should consider all forms of relevant information including scientific and indigenous and local knowledge, innovations and practices. 12. The ecosystem approach should involve all relevant sectors of society and scientific disciplines. This approach is consistent with the strategy developed in Canada for the management of the Eastern Scotian Shelf (see Appendix 5). This proposed two broad overarching goals for ecosystem-based management (Jamieson et al., 2001):• • the sustainability of human usage of environmental resources; and the conservation of species and habitats, including those other ecosystem components that may not be utilised by humans The ‘conservation’ high level goal was then assigned three ‘Conceptual Objectives’, each defined by ecosystem properties relating to ecosystem structure (biodiversity), ecosystem function (productivity) or habitat (physical and chemical elements), as follows: • • • to conserve enough components (ecosystem, species, populations etc.) so as to maintain the natural resilience of the ecosystem; to conserve each component of the ecosystem so that it can play its historic role in the food web (i.e. not cause any component of the ecosystem to be altered to such an extent that it ceases to play its historic role in the higher order component); to conserve the physical and chemical properties of the ecosystem. 14 These principles are elucidated further in the principles for ecologically sustainable ocean use considered in the Australian Oceans Strategy (Appendix 6), shown in Table 3.2 below. The Strategy states that these principles should be applied to all decisions and actions affecting access to, and use of, marine waters, and should be considered together, recognising that ocean ecosystem health and integrity is fundamental to ecologically sustainable development. Table 3.2: Nine Principles of Ecologically Sustainable Ocean Use (from the Australian Oceans Strategy – see Appendix 6) 1. The maintenance of healthy and productive marine ecosystems is fundamental to the management of both the oceans and of the land. 2. The benefits from the use of Australia’s common ocean resources, and the responsibilities for their continued health and productivity, should be shared by all Australians. 3. Internationally competitive and ecologically sustainable marine industries are essential for wealth generation, employment and continued regional development. 4. Economic, environmental, social and cultural aspirations are to be accommodated through integrated planning and management of multiple uses of ocean resources. 5. Management of human activities that affect our oceans will require progressive improvement in our understanding of living and non-living ocean resources and processes. 6. Ocean planning and management decisions should be based on the best available scientific and other information, recognising that information regarding ocean resources will often be limited. 7. If the potential impact of an action is of concern, priority should be given to maintaining ecosystem health and integrity. 8. Incomplete information should not be used as a reason for postponing precautionary measures intended to prevent serious or irreversible environmental degradation of the oceans. 9. The processes for assessing, planning, allocating and managing the ocean resources should: – – – – – – – – be easily understood and openly justified; be certain; have clear lines of accountability; provide for equity within and between generations; be designed to deliver outcomes that balance long and short-term economic, environmental, social and cultural considerations; involve the minimum effective regulatory burden on ocean users required to meet economic, environmental, cultural and social objectives; ensure cooperation and coordination between governments and across the sectors which use the oceans; and take into account wider interests and ensure effective community involvement. We strongly endorse this Australian approach, and believe it is vital for a similar approach to be adopted for the management of Scottish seas. 15 The loosely-used term ‘marine ecosystem objectives’ might therefore be seen to neatly, in three words, encompass all those considerations, essentially by recognising that marine management needs to be based at the ecosystem level. At some later stage, however, the term became capitalised as ‘Marine Ecosystem Objectives’, and at this point people began to struggle to decide exactly what these might look like. Because the concept of ‘ecosystem’ was included in the term, this was viewed as a scientific issue, and a range of scientific symposia began to debate the scope and likely form of MEOs. Extremely valuable work was done, which we will return to later, but some confusion may have arisen because none of these papers began by questioning why we need MEOs; they began from the fact that the UK Government (and later the Scottish Government) has committed to them, and so debated them from a scientific perspective without questioning their fundamental purpose. The Scottish Environment LINK paper comes closest to debating their purpose, by suggesting two levels of MEOs, as already noted: high-level MEOs to underpin the Scottish Government’s policy on the marine environment, and ‘SMART’ MEOs to monitor the health of Scotland’s seas. We propose that this approach should be accepted and adapted as a two-tier set of objectives for the future management of Scotland’s seas. In parallel with this, we note that the Sustainable Scotland Marine Environment Initiative (SSMEI) has proposed drawing up sustainability objectives for the Scottish marine environment (Scottish Executive, 2003). This suggests that sustainable development objectives should:• • • • be sensible and achievable; build in from the outset a capability to be measured; promote and protect local economic, environmental and social diversity; support private and community enterprise, entrepreneurship and investment. It further suggests that such sustainability objectives need to be broad ranging, but should also reflect the range of issues relevant to the marine environment in a holistic and integrated manner. This paper later suggests that objectives for a sustainable management framework should:• • • be few enough to be achievable; be enough to keep the support of key stakeholders, whilst maintaining framework coherence; have indicators that can be measured against progress. We accept these recommendations as guidance towards the creation of the high-level objectives to underpin the Scottish Government’s policy on the marine environment, and this is considered further in Chapter 6. 3.4 Scoping a structure to define marine objectives In taking forward this Scoping Study we were specifically instructed to keep our recommendations as simple and clear as possible, and, as far as possible, to tie them to work that was already underway. Two high-level sets of objectives already exist relating to the conditions of the marine environment in Scotland. The first is a set of High Level Marine Objectives (HLMOs), initially proposed by the UK government, but which the Scottish Government is currently minded to adopt, following consultation on them in Sustainable Seas for All. The second is the descriptors of Good Environmental Status contained in 16 Annex 1 of the European Marine Strategy Framework Directive (EMSFD) (see Chapter 4.2 and Appendix A1.6). It therefore seemed sensible to test whether it might be possible to use these two sets of high-level objectives as the basis for a system of more operational objectives and targets for Scotland’s marine environment. The first stage was to test whether the HLMOs can deliver the Strategic Vision for Scotland’s seas stated in Seas the Opportunity (Scottish Executive, 2005a):“A clean, healthy, safe, productive and biologically diverse marine environment, which, through sustainable management, will continue to support the interests of nature and people”. In Table 3.3, therefore, each of the HLMOs is assessed against delivery of each of the elements of this vision. Table 3.3: Assessment of the High Level Marine Objectives (HLMOs) against the Strategic Vision for Scotland’s seas KEY: CS = contributing to ‘clean and safe’ marine waters HBD = contributing to a ‘healthy and biologically diverse marine environment’ P = contributing to a ‘productive marine environment [which], through sustainable management, will continue to support the interests of people’. Other = contributing to other objectives for the marine environment. 3 = makes a major contribution to that quality + = makes a lesser but still significant contribution. HIGH LEVEL MARINE OBJECTIVE CS HBD P Achieving a sustainable marine economy 1. Infrastructure is in place to support and promote safe, profitable and efficient marine businesses. 3 2. Long-term wealth is generated by the responsible use of the marine environment and its resources. + 3. Marine businesses are taking long-term strategic decisions and managing risks effectively. They are competitive and operating efficiently. 4. Marine businesses are acting in a way which respects environmental limits and is socially responsible. This is rewarded in the marketplace. 3 3 + 3 3 + 3 Ensuring a strong, healthy and just society 5. People appreciate the value of the marine environment, its natural and cultural heritage and its resources and act responsibly. 6. The use of the marine environment is benefiting society as a whole, contributing to resilient and cohesive communities. 7. The coast, seas, oceans and their resources are safe to use. 8. The marine environment plays an important role in mitigating climate change. 17 3 3 3 3 Other HIGH LEVEL MARINE OBJECTIVE CS HBD 9. There is equitable access for those who want to use the coast, seas and their wide range of resources and assets. P Other 3 10. Use of the marine environment will recognise, and integrate with, defence priorities, including the strengthening of international peace and stability and the defence of the United Kingdom and its interests. 3 Living within environmental limits 11. Biodiversity is protected, conserved and recovered where appropriate. 12. Healthy marine habitats occur across their natural range and are able to support strong, biodiverse biological communities and the functioning of healthy, resilient and adaptable marine ecosystems. 3 + 3 13. Our oceans support viable populations of rare, vulnerable, and valued species. 3 14. The loss of biodiversity has been halted. 3 Promoting good governance 15. All those who have a stake in the marine environment have an input into associated decision-making. + + + 16. Marine and coastal management mechanisms are responsive and work effectively together, for example through integrated coastal zone management. + + 3 17. Marine management in the UK takes account of different management systems that are in place because of administrative or political boundaries. + + 3 18. Marine businesses are subject proportionate and plan-led regulation. to clear, timely, 3 19. The use of the marine environment is spatially planned and based on an ecosystems approach which takes account of climate change and recognises the protection needs of individual historic assets. 3 3 Using sound science responsibly 20. Our understanding of the marine environment continues to develop through new scientific research and data collection. 3 3 21. Sound evidence and monitoring underpins effective marine management and policy development. 3 3 3 22. The precautionary principle is applied consistently in accordance with Government’s sustainable development policy. 3 3 3 The HLMOs are a valuable statement of intent, but this analysis suggests that they alone could not achieve the strategic vision for Scotland’s seas. Because they are high level, the majority of the HLMOs are in fact closer to outcomes than strategic objectives. One of these (HLMO22) is not even an outcome in itself. The application of the precautionary principle is vital in ensuring that the criteria of sustainability are met; it is not an end in itself, but an important means to an end. It is therefore a fundamental operating principle for achieving the other 21 outcomes. 18 Several of these High Level Marine Objectives are primarily economic, rather than environmental, in their aims, and therefore strictly beyond the remit of this scoping study on ecosystem objectives. ‘Competitive and efficient businesses’ (HLMO 3) is a desirable outcome which will be essential in delivering many environmental outputs, but is essentially a matter of national civic policy, not a specifically marine ecosystem outcome. Similarly HLMO 10 on defence priorities is a statement of political intent, rather than any scientific principle, and therefore not directly relevant to this study. The parallel scoping study on social and economic objectives is likely to make much more comment on these, and other, objectives, but we did consider them briefly in the analysis we carried out of intermediate and operational-level goals, discussed in Chapter 3.5. We next looked at the eleven ‘Qualitative Descriptors’ for Good Environmental Status (GES) contained in Annex 1 of the EMSFD (see Appendix 1.6). Again these are not objectives, in the strict sense, but outcomes. Given the close similarity between the Strategic Vision of the EU Marine Strategy (“both we and future generations can enjoy and benefit from biologically diverse and dynamic oceans and seas that are safe, healthy and productive”) and the Strategic Vision for Scotland’s seas (see page 1), it is not surprising that the GES descriptors correspond strongly with the elements of the vision for Scotland’s seas, as shown in Table 3.4. 19 Table 3.4: Assessment of the descriptors for Good Environmental Status of European sea and oceans against the Strategic Vision for Scotland’s seas (Annex 1 of the European Marine Strategy Framework Directive) For key, see Table 3.3 above GOOD ENVIRONMENTAL STATUS DESCRIPTOR HBD P 1. Biological diversity is maintained. The quality and occurrence of habitats and the distribution and abundance of species are in line with prevailing physiographic, geographic and climatic conditions. 3 + 2. Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems. 3 3. Populations of all commercially exploited fish and shellfish are within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock. + 3 4. All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity and levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity. 3 + 5. Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in biodiversity, ecosystem degradation, harmful algal blooms and oxygen deficiency in bottom waters. CS 3 6. Sea-floor integrity is at a level that ensures that the structure and functions of the ecosystem are safeguarded and benthic ecosystems, in particular, are not adversely affected. 3 7. Permanent alteration of hydrographical conditions does not adversely affect marine ecosystems. 3 8. Concentrations of contaminants are at levels not giving rise to pollution effects. 3 9. Contaminants in fish and other seafood for human consumption do not exceed levels established by Community legislation or other relevant standards. 3 10. Properties and quantities of marine litter do not cause harm to the coastal and marine environment. 3 11. Introduction of energy, including underwater noise, is at levels that do not cause harm to the coastal and marine environment. 3 + + Achieving good environmental status (in a general sense) is fundamental to the Strategic Vision for Scotland’s seas. The particular definition of Good Environmental Status in the EMSFD appears as useful as any other definition, and, given that this will have legal status in any case, it would seem sensible to use this as the basis on which to build our proposals, whilst recognising that differences of approach may be needed at the different geographic scales of Regional Seas, Scotland’s seas, and Scottish Marine Regions. The eleven Qualitative Descriptors therefore provide valuable guidance on the outcomes we would wish to achieve for Scotland’s seas. Accordingly, based on our conclusions from this analysis, we set out to investigate whether the National Marine Objectives could be based around – and be expected to deliver – the 19 High Level Marine Objectives and the 11 Good Environmental Status Descriptors. This is considered in Chapter 3.5 below. 20 3.5 Scoping the potential range of Outcomes for Scotland’s Seas In order to test the value of a structure for the National Marine Objectives (NMOs) based around the High Level Marine Objectives and the Descriptors of Good Environmental Status (GES), we attempted an analysis which involved bringing together all the high-level goals and objectives extracted from existing Scottish Government commitments and obligations, and from a range of other initiatives of varying policy status, as summarised in Appendices 1 and 2. We drew up a spreadsheet covering more than 300 intermediate and operational level goals from the various obligations on or commitments of the Scottish Government listed in Appendix 1, or those which have been or are under consideration as part of the response to the EMSFD, UK Marine Bill or Scottish Marine Bill (listed in Appendix 2). A copy of this spreadsheet will be lodged with Scottish Natural Heritage for reference. We went through each of these objectives and attempted to assess them as contributing to one (or more) of the 11 GES Descriptors. While many of these objectives neatly aligned with the descriptors, a proportion did not. We found that these did, however, correspond neatly with one or more of the High Level Marine Objectives, with some very minor modification in the wording. Accordingly, we propose that our system of objectives for the marine environment should be structured around a combination of the 11 GES Descriptors and the 22 HLMOs. As already noted in the Overview in Chapter 1, we propose referring to these in shorthand as Outcomes for Scotland’s Seas (OSSs), but we re-emphasise that none of these represent new proposals; they are all derived (or slightly modified) from objectives and outcomes that have been already agreed for Scotland’s Seas. As would be expected, several of the HLMOs are intended to achieve the same ends as certain of the GES Descriptors. We therefore attempted a synthesis between the two to make this structure clearer. Table 3.5 shows how the HLMOs and GES Descriptors can be sensibly grouped together (with some minor amendments to the wording shown in italics), resulting in a total of 25 Outcomes for Scotland’s Seas. We have grouped these under the three elements of the Strategic Vision, plus a group of outcomes, derived from the HLMOs, which relate to better governance of the marine environment. 21 Table 3.5: The 25 Outcomes for Scotland’s Seas (OSSs) drawn from a synthesis of 11 Descriptors of Good Environmental Status and 19 High Level Marine Objectives For key, see Table 3.3 above Outcome for Scotland’s Seas (OSS) Overarching principle Wording of original GES Descriptor or High Level Marine Objective (with amended wording shown in italics) CS HBD P The Precautionary Principle is applied consistently in accordance with the Government’s sustainable development policy. (HLMO22) We state this here because we believe this is not an outcome in itself, but a means to ensure the sustainability of all the other outcomes. We do not propose therefore that there should be any National Marine Objective associated with this concept, but rather believe that the Precautionary Principle should inform all the resulting National Marine Objectives. 3 3 3 A: Clean and Safe Seas The coast, seas, oceans and their resources are safe to use. (HLMO 7) This High Level Marine Objective will be delivered by objectives designed to achieve the six GES contributors listed below. Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in biodiversity, ecosystem degradation, harmful algal blooms and oxygen deficiency in bottom waters. (GES 5) 3 OSS 2 Concentrations of contaminants are at levels not giving rise to pollution effects. (GES 8) 3 OSS 3 Contaminants in fish and other seafood for human consumption do not exceed levels established by Community legislation or other relevant standards. (GES 9) 3 OSS 4 Properties and quantities of marine litter do not cause harm to the coastal and marine environment. (GES 10) 3 OSS 5 Introduction of energy, including underwater noise, is at levels that do not cause harm to the coastal and marine environment. (GES 11) 3 OSS 1 B: Healthy and Biologically Diverse Seas Biodiversity is protected, conserved and recovered where appropriate. (HLMO 11) Healthy marine habitats occur across their natural range and are able to support strong, biodiverse biological communities and the functioning of healthy, resilient and adaptable marine ecosystems. (HLMO 12) Our oceans support viable populations of rare, vulnerable, and valued species. (HLMO 13) The loss of biodiversity has been halted. (HLMO 14) These four High Level Marine Objectives will be delivered by objectives designed to achieve the four GES contributors listed below. To accommodate this, the wording of GES1 has been amended as shown in italics below. 22 + + Other Outcome for Scotland’s Seas (OSS) Wording of original GES Descriptor or High Level Marine Objective (with amended wording shown in italics) CS HBD Biological diversity is maintained and recovered where appropriate. The quality and occurrence of habitats and the distribution and abundance of species, including those which have been identified as rare, vulnerable and valued, are in line with prevailing physiographic, geographic and climatic conditions. (Amended from GES 1) 3 OSS 7 Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems. (GES 2) 3 OSS 8 All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity and levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity. (GES 4) 3 OSS 9 Permanent alteration of hydrographical conditions adversely affect marine ecosystems. (GES 7) not 3 OSS 10 Sea-floor integrity is at a level that ensures that the structure and functions of the ecosystem are safeguarded and benthic ecosystems, in particular, are not adversely affected. (GES 6) 3 OSS 6 does P + + C: Productive Seas, contributing to the needs of people OSS 11 Marine businesses are acting in a way which respects environmental limits and is socially responsible. This is rewarded in the marketplace. (HLMO 4) OSS 12 3 3 People appreciate the value of the marine environment, its natural and cultural heritage and its resources and act responsibly. (HLMO 5) + 3 OSS 13 The marine environment plays an important role in mitigating climate change. (HLMO 8) 3 3 OSS 14 Infrastructure is in place to support and promote safe, profitable and efficient marine businesses. (HLMO 1) OSS 15 Long-term wealth is generated by the responsible use of the marine environment and its resources. (HLMO 2) OSS 16 The use of the marine environment is benefiting society as a whole, contributing to resilient and cohesive communities. (HLMO 6) OSS 17 Populations of all commercially exploited fish and shellfish are within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock. (GES 3) + 3 + 3 3 + 3 D: Better Governance of the Sea OSS 18 All those who have a stake in the marine environment have an input into associated decision-making. (HLMO 15) + + + OSS 19 Marine and coastal management mechanisms are responsive and work effectively together, for example through integrated coastal zone management. (HLMO 16) + + 3 OSS 20 Marine businesses are subject to clear, timely, proportionate and plan-led regulation. (HLMO 18) 23 3 Other Outcome for Scotland’s Seas (OSS) OSS 21 Wording of original GES Descriptor or High Level Marine Objective (with amended wording shown in italics) CS The use of the marine environment is spatially planned and based on an ecosystem approach which takes account of climate change and recognizes the protection needs of individual historic assets. (HLMO 19) OSS 22 Our understanding of the marine environment continues to develop through new scientific research and data collection. (HLMO 20) OSS 23 Sound evidence and monitoring is made accessible and available and underpins effective marine management and policy development. (Amended from HLMO 21) (The minor rewording proposed above allows a number of additional objectives to be accommodated which otherwise did not exactly match the 25 OSSs) OSS 24 Marine businesses are taking long-term strategic decisions and managing risks effectively. They are competitive and operating efficiently. (HLMO 3) OSS 25 Use of the marine environment will recognise, and integrate with, defence priorities, including the strengthening of international peace and stability and the defence of the United Kingdom and its interests. (HLMO 10) HBD P 3 3 3 3 + 3 3 3 As discussed in Chapter 3.4 above, several of these Outcomes are primarily economic or social in their ambitions, and so somewhat beyond the remit of this scoping study. However, we did include them in the analysis of intermediate and operational level goals described in Chapter 3.5, resulting in the draft National Marine Objectives proposed in Chapters 6.5 to 6.8. However, we would emphasise that these Outcomes are likely to be expanded upon considerably by the parallel scoping study on ‘social’ and ‘economic’ marine objectives. Because the 25 Outcomes for Scotland’s Seas above incorporate the agreed High Level Marine Objectives, we believe that they should fully encompass the social and economic aspirations of Sustainable Seas for All, as well as the environmental ones that are the focus of this study. However, the parallel Scoping Study on ‘social’ and ‘economic’ marine objectives may wish to amend, or expand upon, our recommended Outcomes for Scotland’s Seas in the light of the work they will be undertaking. 24 Other 3 4. BUILDING ON EXISTING OBLIGATIONS AND COMMITMENTS In taking forward work to achieve the 25 Outcomes for Scotland’s Seas described in Chapter 3.5, it will be important to consider the obligations on, and commitments by, the Scottish Government with respect to the marine environment, and to build upon, and learn from, the considerable body of work that is already underway at the Scottish and UK levels to meet these obligations and commitments. This is considered in this section, so that these lessons can be integrated into the Objectives Strategy proposed in Chapter 6. 4.1 World Summit on Sustainable Development The World Summit on Sustainable Development (WSSD) in Johannesburg in 2002 set out to find lasting solutions to the world's social and environmental problems. This led to the Johannesburg Declaration on Sustainable Development (WSSD, 2002a); and the Johannesburg Plan of Implementation (WSSD, 2002b). This WSSD plan set the following targets for sustainability in the marine environment:• Encourage the application by 2010 of the ecosystem approach for the sustainable development of the oceans; • On an urgent basis and where possible by 2015, maintain or restore depleted fish stocks to levels that can produce the maximum sustainable yield; • Put into effect the FAO international plans of action by the agreed dates: – for the management of fishing capacity by 2005; and – to prevent, deter and eliminate illegal, unreported and unregulated fishing by 2004; • Develop and facilitate the use of diverse approaches and tools, including the ecosystem approach, the elimination of destructive fishing practices, the establishment of marine protected areas consistent with international law and based on scientific information, including representative networks by 2012; • Establish by 2004 a regular process under the United Nations for global reporting and assessment of the state of the marine environment; and • Eliminate subsidies that contribute to illegal, unreported and unregulated fishing and to over-capacity. 4.2 European Marine Strategy Framework Directive In many ways, the European Marine Strategy Framework Directive (EMSFD) (see Appendix A1.6) would seem to provide the most critical elements in establishing any system of Marine Ecosystem Standards. This directive was adopted by the European Council in May 2008, and came into force on 15th July 2008. It requires EU Member States to “take the necessary measures to achieve or maintain Good Environmental Status (GES) by the year 2020 at the latest”. Although GES is not specifically defined in the directive, Annex 1 lists the ‘descriptors’ that should be monitored in assessing GES (as shown in Table 3.4). The Directive sets down a clear timetable towards achieving GES:• Authority or authorities competent for the implementation of the Directive are to be designated by 15th July 2010, and notified to the Commission by 15th January 2011; 25 • An initial assessment of the current environmental status of marine waters must be completed by 15th July 2012, together with a determination of what GES will mean for the waters concerned and the establishment of a series of environmental targets and indicators towards GES. • A monitoring programme to assess these targets must be in place by 15th July 2014. • A programme of measures designed to achieve or maintain GES should be developed by 2015, and put into operation by 2016. The aim of the Marine Ecosystem Standards which we propose in Chapter 6.2 is to provide an assurance that human activities are not causing deterioration of those marine areas which are currently in good environmental status, and are not blocking or slowing the recovery of those marine areas which are not currently in good environmental status. At present, a number of expert groups are working on means of translating these 11 descriptors into specific operational objectives, environmental targets and indicators around which action can be based. The directive requires these environmental targets and indicators to be agreed by no later than July 2012, and for a monitoring programme to assess these to be in place by July 2014. These will then allow assessment of the programme of measures to achieve GES, which needs to be put into operation by July 2016. The Scottish Government will then be required, through the UK Government, to report to the European Commission on progress towards meeting these targets and indicators. We suggest it would be sensible for Marine Scotland to begin work on agreeing the Marine Ecosystem Standards, with the assistance of these GES expert groups, as the highest priority, so that these can support and inform the work required by the Scottish Marine Act, as well as the EMSFD. We propose these should be agreed well before 2012, and a monitoring programme put in place before 2014, so that we can assure ourselves of progress towards achieving the domestic aspirations of the Scottish Marine Bill. As an added advantage, this might allow the programme of measures to achieve GES to be in place before the 2016 requirement, allowing more than four years for this programme to achieve its objectives before the 2020 deadline. 4.3 Obligations in other European Directives The EC Habitats and Bird Directives (see Appendices 1.3 and 1.4) establish a network of European protected sites, referred to jointly as the Natura network, and set in place precise requirements for their protection and management. This network is now largely in place in Scotland, and will form the basis for the ecologically coherent network of well-managed Marine Protected Areas, as required by the OSPAR Convention. With respect to seabirds, the EU Birds Directive is comprehensive, but the EU Habitats Directive requires action only for a list of priority species and habitats, which in the marine environment are less than comprehensive and somewhat problematic. Although there is a requirement for a good geographical spread in the resulting Natura sites, this does not necessarily represent ecological cohesion, so further work may be required to meet the OSPAR commitment. However, the EU Habitats Directive also requires Member States to ensure ‘Favourable Conservation Status’ for the species and habitats listed in its Annexes. Although the Natura sites play an important part in achieving this, there might also be a requirement for Member States to take wider action, beyond the Natura network, for species and habitats for which Favourable Conservation Status in not achieved, and this should be a consideration in deriving the National Marine Objectives. 26 The EC Water Framework Directive (see Appendix 1.5) was originally proposed to cover only freshwaters, but was expanded in its development to include transitional waters, which are defined as “bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows”, and also to coastal water, defined as “surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters”. In Scotland we have chosen to extend this transitional zone out to 3 nautical miles. For these surface waters bodies, the Directive requires Member States to take measures to prevent deterioration in their status, and to protect, enhance and restore them with the aim of achieving good surface water status (i.e. good ecological status or potential and good chemical status) by 2015. Since the majority of harmful chemical inputs to the marine environment originate from terrestrial sources, these measures, if implemented successfully, should go some considerable way towards meeting the aspiration for ‘clean and safe’ seas and for meeting our Outcomes for Scotland’s Seas 1 to 5, as defined in Table 3.5. The EU Environmental Liability Directive (Directive 2004/35/CE) will also have relevance to the marine environment. It sets out requirements that EU member states must enact to prevent and remedy environmental damage. Its aim is to hold operators whose activities have caused environmental damage financially liable for remedying the damage they have caused, through an underlying “polluter pays” principle. Unlike the European Marine Strategy Framework Directive, the ELD does not set a target state with supporting descriptors. It does, however, refer directly to the Habitats and Birds Directive Annex I habitats and Annex II and IV species, defining environmental damage as “…any damage that has significant adverse effects on reaching or maintaining the favourable conservation status of such habitats or species.” Other species and habitats may be additionally included for equivalent status under a Member State’s discretion. The objectives of the Water Framework Directive are similarly incorporated with water damage being defined as “…any damage that significantly adversely affects the ecological, chemical and/or quantitative status and/or ecological potential”. The ELD does not appear to have a clear relevance or role in the setting of marine objectives at a higher strategic level. Its application or enforcement may, however, be significantly influenced by the establishment of limits or targets at the operational or management level. Developers might be obliged, for example, to deliver compensatory measures to ensure that a particular local authority or regional biodiversity target is not compromised. At the time of writing, the regulations to apply the ELD in Scotland, the Environmental Damage (Prevention and Remediation) (Scotland) Regulations 2008, are still in preparation, but are expected to be published shortly. Also of potential relevance is the EU Strategic Environmental Assessment Directive (2001/42/EC) (the SEA Directive) “on the assessment of the effects of certain plans and programmes on the environment”. This requires a formal environmental assessment of certain plans and programmes which are likely to have significant effects on the environment. Authorities which prepare and/or adopt such a plan or programme must prepare a report on its likely significant environmental effects, consult environmental authorities and the public, and take the report and the results of the consultation into account during the preparation process and before the plan or programme is adopted. They must also make information available on the plan or programme as adopted and how the environmental assessment was taken into account. The SEA Directive is transposed into Scottish law by the Environmental Assessment (Scotland) Act 2005. The National 27 Marine Plan, to be developed by Marine Scotland, including the programme of National Marine Objectives, would therefore be subject to such Strategic Environmental Assessment. 4.4 The OSPAR Convention OSPAR is the mechanism by which fifteen Governments of the western coasts and catchments of Europe, together with the European Community, cooperate to protect the marine environment of the North-East Atlantic. The original Oslo and Paris Conventions of 1972 and 1974 respectively were unified, updated and extended by the 1992 OSPAR Convention5. A new annex (Annex V) relating to non-polluting human impacts on biodiversity and ecosystems was adopted in 1998 (see Appendix 1.7 for details). The Fifth International Conference on the Protection of the North Sea in Bergen in 2002 (see Appendix 1.2) initiated a commitment to the implementation of the ecosystem approach by the North Sea States. This was reinforced at the Joint Ministerial Meeting of the HELCOM and OSPAR Commissions held in 2003 in Bremen, where the Statement on the Ecosystem Approach to the Management of Human Activities6 was adopted. Under this Statement, the OSPAR Commission is committed to establishing, by 2010, a full set of management measures that are consistent with an ecosystem approach. The delivery mechanism is centred on four specific elements: a. promoting understanding and acceptance by all stakeholders of the ecosystem approach to the management of human activities, and collaboration among the various management authorities in the North East Atlantic and in the Baltic Sea Area in implementing that approach; b. monitoring the ecosystems of the marine environment, in order to understand and assess the interactions between and among the different species and populations of biota, the non-living environment and humans; c. setting objectives for environmental quality, underpinned by monitoring, in support both of the formulation of policy and of assessments; d. assessing the impact of human activities upon biota and humans, both directly and indirectly through impacts on the non-living environment, together with the effects on the non-living environment itself. Additionally, Annex V of the OSPAR Convention, further articulated by the OSPAR Biological Diversity and Ecosystems Strategy7, requires measures to be initiated to control activities that have a damaging impact on species and habitats that need to be protected and conserved, while making provision to restore, where practicable, marine areas that have been adversely affected. 5 http://www.ospar.org/html_documents/ospar/html/OSPAR_Convention_e_updated_text_2007.pdf 6 http://www.ospar.org/documents/02-03/JMMC03/SR-E/JMM ANNEX05_Ecosystem Approach Statement.doc 7 http://www.ospar.org/html_documents/ospar/html/Revised_OSPAR_Strategies_2003.pdf#nameddest =biodiversity 28 Companion strategies, published alongside the Biological Diversity and Ecosystems Strategy, specifically address the activities and impacts themselves. Broad objectives underpin each of the OSPAR strategies for eutrophication, hazardous substances, radioactive substances, and offshore oil and gas (see Appendix 1.8). A suite of Ecological Quality Objectives (EcoQOs) have been developed in collaboration with the International Council for the Exploration of the Seas (ICES) through a pilot project in the North Sea (OSPAR Commission, 2007). These are intended as tools to define and monitor the desired qualities of the marine environment, providing a practical means by which a “healthy and sustainable marine ecosystem” is established and maintained. Each EcoQO takes the form of a target or limit (see Appendix 2.1 for a complete list of current pilot EcoQOs), representative of a healthy North Sea, which, if not satisfied, will require some form of action to be taken by responsible authorities. In this respect, the format of the EcoQOs is at the level of, is broadly similar to, or would readily adapt to the most frequently used definition of an Operational Objective. These are also likely to play a key role in the development of Marine Ecosystem Standards. 4.5 Existing Scottish domestic commitments In addition to their international legal obligations, the Scottish Executive and Scottish Government made a range of commitments towards the better protection and more sustainable use of Scotland’s seas. These are summarised in Seas the Opportunity (Scottish Executive, 2005a) and Sustainable Seas for All (Scottish Government, 2008a), and are discussed in more detail elsewhere in this text, particularly in Chapter 3 and Chapter 9, and in Appendices A1.14 – A1.19. The central policy statement by the Scottish Government is Scotland Performs 8 , which states the purpose of the Scottish Government as follows:“To focus Government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth.” To achieve this, it proposes five Strategic Objectives:“Wealthier and fairer: Enable businesses and people to increase their wealth and more people to share fairly in that wealth. Smarter: Expand opportunities for Scots to succeed from nurture through to life long learning ensuring higher and more widely shared achievements. Healthier: Help people to sustain and improve their health, especially in disadvantaged communities, ensuring better, local and faster access to health care. Safer and stronger: Help local communities to flourish, becoming stronger, safer place to live, offering improved opportunities and a better quality of life. Greener: Improve Scotland's natural and built environment and the sustainable use and enjoyment of it.” Measures to ensure the sustainable use of the marine environment, as proposed in Sustainable Seas for All, clearly contribute to the ‘Greener’ objective. They will help to 8 See www.scotland.gov.uk/About/scotPerforms 29 ensure that the people of Scotland can continue to benefit from the products and services that marine ecosystems offer, and will therefore also contribute to the ‘Wealthier and fairer’ objective, and thus to the Scottish Government’s stated aim of “increasing sustainable economic growth”. Measures to ensure cleaner and safer seas that result from these proposals will contribute to both the ‘Safer and Stronger’ and ‘Healthier’ objectives, by minimising any risk to public health and amenity, while there is also a clear need to engage with the ‘Smarter’ objective to ensure that marine stakeholders have all the information they need to manage their businesses, or protect their interests, more effectively in the marine environment. Scotland Performs is therefore a key document in shaping the proposals in this Scoping Study, and this is discussed further in Chapter 9, in which we assess the proposals made here against this Scottish policy background. 4.6 Work at the UK level by Defra, UKMMAS and Evidence Groups The 2002 Defra document “Safeguarding Our Seas” committed the UK to an ecosystembased approach to the management of the marine environment. The 2005 report “Charting Progress” concluded that the current monitoring programmes were insufficient to deliver the level of information required to support the aspirations previously set out, resulting in the establishment of UK Marine Monitoring and Assessment Strategy (UKMMAS). The overall aim of UKMMAS is to shape the UK’s capability, within national and international waters, to: “provide, and respond, within a changing climate, to the evidence required for sustainable development within a clean, healthy, safe, productive and biologically diverse marine ecosystem and within one generation to make a real difference.” The UKMMAS is delivered through a number of groups. A high-level policy committee, (Marine Assessment Policy Committee or MAPC) defines policy requirements and provides direction to an implementation body. The Marine Assessment and Reporting Group (MARG) oversees the work of a number of initiatives and has a sub-group ‘mini-MARG which meets inter-sessionally to discuss cross-cutting issues and includes groups to investigate and report on Objectives for the marine environment, the preparation of Integrated Assessments and monitoring protocols. Data Archiving is achieved through the Marine Environment Data Information Network (MEDIN). In addition, three Evidence Groups are tasked with collating data on the themes of "Clean and Safe Seas" (CSSEG), "Healthy and Biologically Diverse Seas" (HBDSEG) and "Productive Seas" (PSEG) seas. Throughout 2007 and early 2008 Defra led a cross-government initiative to develop High Level Objectives for the marine environments, resulting in the consultation document “Our Seas – a shared resource” in which the objectives (shown in Table 3.3) were stated to “…articulate the outcomes they (the UK Government and Devolved Administrations) are seeking for the UK marine area as a whole, while taking account of their distinctive circumstances and responsibilities.” In parallel, the Evidence Groups were tasked with developing Contributory Marine Objectives (CMOs) that would provide the overall policy framework to guide the UKMMAS. The CMOs needed to be suitable for measuring progress towards the vision of ‘clean, healthy, safe, productive and biologically diverse oceans and seas’. In September of 2007 a UKMMAS stakeholder workshop was held in which one of the aims was to agree on a proposed draft suit of CMOs. Following the stakeholder workshop a draft tabulated list of the CMOs, with various comments from the Evidence Groups, was 30 produced. The revised draft CMOs were tentatively grouped under themes, which were intended to be eventually replaced by an appropriate High Level Objective. In their original tabulated form, each objective was associated with examples of possible indicators which might be used to determine CMO progress and suggestions of existing data sources from which each indicator could be derived. In addition, a listing of various ‘drivers’ (Directives, Conventions, legislative instruments etc.) which could be aligned with each objective was provided. The full table, with these elements included, is provided in Appendix 3. In May of 2008 the minutes of a PSEG Evidence group recorded dissatisfaction with the CMO stating: “At the HBDSEG meeting yesterday there was a general feeling that the current wording of the CMOs is not acceptable - have taken a retrograde step since Marks Tey workshop last September. It was considered better to reflect MSFD and Water Framework Directive wording on CMOs wherever possible. The Charting Progress 2 Alignment Group should explain how the CMOs will be used and provide examples to Charting Progress 2 Steering Group next week” As of early 2009, the work on CMOs has been eclipsed by the UK efforts to initiate the EU Marine Strategy Framework Directive, and in particular the need to establish a protocol for defining ‘Good Environmental Status’ for UK waters. Some initial work to determine equitability, or common terminology, between the eleven EMSFD descriptors and CMOs was carried out and is reproduced in Table 4.1. Table 4.1: Comparison of the EMSFD Descriptors of Good Environmental Status with equivalent Contributory Marine Objectives being developed by UKMMAS (Note: the remaining CMOs with no similarity are not included). Common or similar language between each is indicated by shading. EMSFD descriptors of Good Environmental Status Equivalent Contributory Marine Objectives Formulated in UKMMAS (1) Biological diversity is maintained. The quality and occurrence of habitats and the distribution and abundance of species are in line with prevailing physiographic, geographic and climatic conditions Support, and where appropriate restore, the distribution, extent and character of marine ‘landscapes’ and habitats (2) Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems (3) Populations of all commercially exploited fish and shellfish are within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock. Achieve and maintain the sustainable and productive use of biological resources which maximise socio-economic benefits whilst minimising the unsustainable negative impacts on habitats and species. (4) All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity and levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity. Support, and where appropriate restore, biodiversity and ecological patterns and processes. 31 EMSFD descriptors of Good Environmental Status Equivalent Contributory Marine Objectives Formulated in UKMMAS (5) Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in biodiversity, ecosystem degradation, harmful algae blooms and oxygen deficiency in bottom waters. Minimise ‘undesirable disturbance’ in the marine environment arising from eutrophication (6) Sea floor integrity is at a level that ensures that the structure and functions of the ecosystems are safeguarded and benthic ecosystems, in particular, are not adversely affected Prevent those anthropogenic activities which affect the physical and hydrographical conditions in the marine environment from negatively impacting on ecosystem integrity and viability in an unsustainable manner. (7) Permanent alteration of hydrographical conditions does not adversely affect marine ecosystems. Prevent those anthropogenic activities which affect the physical and hydrographical conditions in the marine environment from negatively impacting on ecosystem integrity and viability in an unsustainable manner. (8) Concentrations of contaminants are at levels not giving rise to pollution effects Prevent anthropogenic inputs of contaminants from reaching concentrations in the marine environment that present a significant risk to marine habitats and species (9) Contaminants in fish and other seafood for human consumption do not exceed levels established by Community legislation or other relevant standards. Prevent contaminants, toxins, and microbiological and radioactive contamination of seafood from reaching concentrations that present a significant risk to human health (10) Properties and quantities of marine litter do not cause harm to the coastal and marine environment. Prevent anthropogenic sourced litter from reaching levels which affect amenity (aesthetics & safety) value of the marine environment (11) Introduction of energy, including underwater noise, is at levels that do not adversely affect the marine environment Subsequent to the production of Table 4.1 all work on the development of CMOs has ceased for the foreseeable future, with a transfer of all resources into the UK transposition of the EMSFD (J. Hawkridge, pers. com.). 32 5. LESSONS FROM INTERNATIONAL EXAMPLES As part of the Scoping Study, we were requested to consider whether there were any lessons from a range of international marine strategies which might assist in compiling objectives for Scotland’s seas. The detailed information we acquired is considered in Appendices 4 to 6, but our key conclusions from this international experience is outlined below. 5.1 Lessons from HELCOM HELCOM is a convention adopted by countries around the Baltic Sea, aimed at improving the ecological condition of that sea. The approach taken by HELCOM (Appendix 4) broadly parallels that taken by OSPAR for the north-east Atlantic (see Chapter 4.4), although its objectives bear more resemblance to those of the EU Water Framework Directive (‘good ecological status’) than the EU Marine Strategy Framework Directive (‘good environmental status’). It therefore offers little guidance for Scotland that is not available elsewhere. However the neat summary of objectives in HELCOM (2006) is worth reflecting upon as we develop Marine Ecosystem Standards and National Marine Objectives for Scotland (aspects of the HELCOM proposal could relate to both proposed Scottish levels):- Figure 5.1: Outline of the HELCOM ecological objectives. (for full description and reference, see Appendix 4.1) In terms of developing the Marine Ecosystem Standards in particular, the work done in the development of the 2007 HELCOM Indicator Fact Sheets (table A4.1 on page 163) is also valuable. We would recommend the approach of publishing data on key indicators / targets on the web in this way for Scotland, as it would allow reports on individual targets to be updated at timescales dictated by other processes, rather than necessitating a major exercise to update all targets at 3- or 5-year intervals. Some (but not all) of the HELCOM indicators would repay consideration to help inform the development of Marine Ecosystem Standards for Scotland. The fact that they are being reported on by HELCOM shows that they are practical, and their choice for the Baltic has been based on local expert advice, building on considerations not dissimilar from those we propose in this document. This relates to the data availability issues for Scotland mentioned in Chapter 7 of this report. 33 5.2 Lessons from Canadian Oceans Strategy Of all of the international examples of applying the ecosystem approach and developing objective-based management we have investigated for this report, it is Canada that is probably the most comprehensively documented. Two major integrated management projects have been initiated; the Eastern Scotian Shelf Integrated Management (ESSIM) project (see Appendix 5) and the Gulf of Maine area (GOMA) - a later collaborative project with the U.S. The ESSIM programme has simultaneously explored both governance frameworks (Rutherford et al., 2005) and the development of conceptual and operational objectives (O’Boyle & Worcester, 2006) and, being at the most advanced stage, provides some very useful lessons for advancing a Scottish programme of objectives development. These are briefly discussed, in no particular order, below. 5.2.1 Stakeholder Involvement The ESSIM Plan has endeavoured to encourage and maintain broad stakeholder participation from an early stage. A collaborative and inclusive planning structure is at the core of the initiative and is organised around four components9 (DFO, 2003; 2007); a broad forum for all multi-stakeholder dialogue between all organisations, groups and individuals; a representative stakeholder working group; an intergovernmental coordination and support structure; and a ground-level planning group. The last component is comprised of DFO staff and is tasked with providing leadership and expertise in planning, coordination and support for the planning process, while liaising directly with stakeholders and external agencies. 5.2.2 Nomenclature and terminology: Difficulties with the application and interpretation of terminology have been experienced from the early stages of ecosystem objective development. The concepts involved often appear to have subtly different meanings depending on the sector or discipline in which they are applied and a certain amount of fluidity is evident when names are applied to hierarchical elements. A variety of terms, all with the same meaning, have been used for operational objectives by different organizations, even within Canada (DFO, 2004; O’Boyle & Jamieson, 2005). This has resulted in inconsistent interpretation across regional management initiatives, particularly at the objective unpacking phase, necessitating the development of clear guidelines and the production of a standard and non-negotiable terminology (DFO, 2004; Walmsley, 2004). O’Boyle & Jamieson (2005) point out, for example, that: “…the term ‘strategy’ has been used synonymously with ‘sub-objective’ without specifying whether it is at an operational level or not; Canada’s Oceans Strategy refers to Marine Environmental Quality objectives, which appear to be synonymous with the meaning of operational objective used here.” 9 See http://www.dfo-mpo.gc.ca/Library/333115.pdf, page 21, for a detailed description of the ESSIM collaborative planning model. 34 Confusions in terminology, perhaps initially seen as minor irritants, are likely to become major sources of misinterpretation and confusion, which will only continue to increase unless a clear, consistent and stable terminology is defined and maintained in parallel with the early development of objectives-based management strategies. 5.2.3 The ‘unpacking’ process The Eastern Scotian Shelf example, apart from being at one of the most advanced stages of implementation, provides, perhaps, some of the most detailed documentation of a ‘real world’ unpacking process. O’Boyle & Jamieson (2005) observed that one of the advantages of this systematic approach is that the ‘unpacking’ created and maintained explicit linkages between the qualitative conceptual and quantitative operational objectives used to guide management decision-making. In addition, the relationships within the ‘objective tree’ hierarchy are clearly defined, providing the ability to evaluate progress against the objectives for each branch of the tree separately. This should enable the setting of priorities, based on the relative importance of achieving particular objectives nested within a suite of other objectives. O’Boyle & Jamieson (2005) further observed that: “The link between the conceptual and operational objectives is explicitly maintained and is transparent to all. This communication function is particularly important in ecosystem-based management, where a common set of objectives is being utilized across a number of sectors of industry and society.” 5.2.4 Implementation Perhaps the most revealing aspect of the Canadian integrated management approach is the time frame over which the major regional initiatives have progressed. As the most advanced, the Eastern Scotian Shelf initiative’s work in developing objectives began in 2001 and although considerable efforts have gone into establishing a strategy framework and identifying objectives (DFO, 2007), the means by which the ecosystem management objectives will be assessed, particularly those attributed to ‘state’, still appears to be at an early stage. This seems to be largely due to the time, cost and technical difficulty of obtaining and collating appropriate data, particularly baseline data which are required to underpin the objectives structure. In instances where “off the shelf” data were accessible, concerns have been raised that this has promoted a tendency to use data availability to inappropriately define the objective (O’Boyle & Jamieson, 2005), when the converse is clearly preferable. Similarly, academic disagreements have arisen when a specialist’s ‘own’ indicator or species has not been selected for use in support or operational objectives. At the 2001 inception workshop, it was explicitly recognised that societal and socioeconomic considerations were important elements in an objectives-based strategy, but the workshop had unfortunately not attracted attendees from a broad enough range of disciplines. At that point the two overarching goals, one orientated towards human use and the other the conservation of species and habitats, became, perhaps briefly, but critically disassociated, because it was recognised that knowledge and expertise to discuss and develop the ‘human use’ element was absent from the workshop. 35 Subsequently, the two subject areas were developed separately as parallel, complementary processes under two different organisational framework groups. The ‘human use’ objectives framework group was also tasked with developing ‘institutional objectives’ in support of a governance framework or strategy, which is widely viewed as an essential overarching prerequisite for creating the ‘enabling’ setting within which the others will be developed. Material progress in the production of ‘human use, objectives initially and perhaps unsurprisingly seemed to quickly overtake the ‘conservation of species and habitats’ equivalents (Walmsley et al., 2007), and the proposed objectives may have a strong relevance to Scotland, since the key uses and activities, coupled with the ecological setting in which they are occur are, in general, extremely similar. The ESSIM sustainable human use objectives, together with strategies for achieving them, are presented in detail in the ESSIM Strategic Plan10 (DFO, 2007). More recently, though, there is a strong perception that a concentration of effort on the ecosystem side has resulted in significantly greater progress, attracting a degree of criticism over which area should presently receive the greater attention (G. Herbert, pers. com.). All of the above suggests that there may be good practical reasons for considering a Scottish approach that inclines towards addressing ‘pressure’ rather than ‘state’, not least because this may provide the promise of a more rapid delivery of a suite of objectives, complete to the operational level. The overarching ESSIM Ocean Management Plan, after considerable consultation was released in June 2008 stating that: “The Plan is strategic in its scope and does not provide a detailed prescription of all measures required to achieve its goals and objectives. The intent is to coordinate and enhance existing management processes by linking sector-based plans to an agreed set of goals and objectives.” It presently contains 30 strategic objectives under the goals of collaborative governance and integrated management, sustainable human use, and healthy ecosystems. Implementation of this strategic level plan is expected to occur primarily through sector led and multi-sector action plans, with marine spatial planning as a stated key element. A workshop to identify the way forward and establish an implementation framework was held in November 2008 and an associated published report is expected in April 2009. 5.3 Lessons from Australian Oceans Policy In 1998, the Australian government released an Oceans Policy (see Appendix 6), with the stated vision of “healthy oceans, cared for, understood and used wisely for the benefit of all, now and in the future”. This has many similarities with what the Scottish Government proposed for Scotland in Sustainable Seas for All, but purely at the policy level and without any legislative instrument to underpin what it proposed. The policy had nine broad goals:(1) to exercise and protect Australia’s rights and jurisdiction over offshore areas, including offshore resources. 10 See page 48 of http://www.dfo-mpo.gc.ca/Library/333115.pdf 36 (2) to meet Australia’s international obligations under the United Nations Convention on the Law of the Sea and other international treaties. (3) to understand and protect Australia’s marine biological diversity, the ocean environment and its resources, and ensure ocean uses are ecologically sustainable. (4) to promote ecologically sustainable economic development and job creation. (5) to establish integrated oceans planning and management arrangements. (6) to accommodate community needs and aspirations. (7) to improve expertise and capabilities in ocean-related management, science, technology and engineering. (8) to identify and protect natural and cultural marine heritage. (9) to promote public awareness and understanding. In particular, this policy introduced the requirement for regional marine planning, similar to that proposed for Scottish Marine Regions although at a much larger geographic scale. There is much in the documentation relating to the Oceans Policy that we could draw upon in Scotland, including the following statement (which we highlighted on page 1 of this report):“Australia’s ocean ecosystems and their marine biological diversity are core national assets. If our use of them is well managed, they can meet a broad range of economic, social and cultural aspirations. They also provide a range of essential environmental services that would be extremely costly or impossible to restore or replace if ecosystem functioning was impaired.” In the Oceans Policy, the Australian government also identified some principles for ecologically sustainable ocean use, which we commend adoption in Scotland. The policy document states that these principles should be applied to all decisions and actions affecting access to and use of Australia’s marine jurisdictions and adjacent waters, and the associated resource base. They should be considered together, recognising that ocean ecosystem health and integrity is fundamental to ecologically sustainable development. Because they are so relevant to Scottish considerations, these nine principles of ecologically sustainable ocean use have already been quoted in Table 3.2. However, as highlighted in Appendix A6.3, it appears that a number of policy mistakes were made in establishing the Australian Oceans Policy. The situation will be different in Scotland, since we will have a Scottish Marine Act to deliver policy integration and create a legislative basis for marine management. However, two other lessons from Australia are well worth bearing in mind as we take forward the Marine Bill:(1) It will be important to deliver the simplification and integration of existing marine licensing and regulations if we are to ensure the support of all marine stakeholders in taking forward the integrate approach proposed in Sustainable Seas for All. (2) It will be important to retain Marine Scotland at the centre of the Scottish Government, if it is to deliver the integration that is aspired to in Sustainable Seas for All. 37 6 AN OBJECTIVES STRATEGY FOR SCOTLAND’S SEAS 6.1 Overview As outlined in Chapter 3.2, amongst the main proponents for the concept of Marine Ecosystem Objectives (MEOs) were the environmental non-governmental organisations, represented in Scotland by Scottish Environment LINK. The LINK paper on MEOs (Scottish Environment LINK, 2008) appears to envisage two levels of MEOs: high-level MEOs to underpin the Scottish Government’s policy on the marine environment, and ‘SMART’ MEOs to monitor the health of Scotland’s seas. As noted in Chapter 1, we propose that this approach should be accepted and adapted as part of our objectives strategy for Scotland’s marine environment. It would seem that LINK envisaged the purpose of the ‘SMART’ MEOs to be the establishment of a set of baseline indicators to show that human activities in the marine environment are not impacting on healthy and mature ecosystems. Fundamentally, this is about ensuring that the seas around Scotland are in ‘Good Environmental Status’, and that ecosystems are being allowed to function and flourish without damaging human interventions, so that they can continue to provide the products and services that sustain our uses of the sea. We therefore propose that the sensible approach would be to develop a set of targets for the marine environment of Scotland that will meet the requirements of the European Marine Strategy Framework Directive and other relevant obligations, but that these should be developed in ways and at a scale which also meet Scottish aspirations and perspectives as well as European requirement. We propose calling these Marine Ecosystem Standards. As for the set of high-level MEOs to underpin the Scottish Government’s policy on the marine environment, as envisaged by LINK, we suggest that these are, in fact, the environmental elements of the National Marine Objectives proposed in Sustainable Seas for All, which need to sit alongside objectives for the social and economic aspects of the human use of the sea. We suggest that these should be organised around, and formulated to achieve, the Outcomes for Scotland’s Seas summarised in Table 3.5. Accordingly, we propose that the objective strategy for the management of Scotland’s marine environment should be based around three tiers. However none of these tiers are completely new; all of them are derived, primarily or partly, from existing Scottish Government commitments. In summary these three tiers are:Outcomes for Scotland’s Seas (OSSs) are the 25 goals, derived from a synthesis of the descriptors of Good Environmental Status, required at the EU level, and the High Level Marine Objectives proposed by the UK and Scottish Governments, as shown in table 3.5 (these are thus existing commitments). The National Marine Objectives (NMOs) will be the targets and actions required to achieve these Outcomes for Scotland’s Seas. We offer some initial thoughts on the form and wording of a range of possible NMOs in Chapter 6.05 to 6.08, as a stimulus for further discussion. (The Scottish Government proposed the establishment of National Marine Objectives in Sustainable Seas for All). The Marine Ecosystem Standards (MESs) are statements of the conditions that must prevail if we are to be sure that our use of Scotland’s seas is truly sustainable. They build on, and use, the concept of Good Environmental Status as described in the European Marine Strategy Framework Directive (EMSFD), but modified to a scale relevant to the seas around Scotland and to the different regions that make up these seas. They therefore provide a 38 security check that measures to take forward the National Marine Objectives are not compromising the sustainability of our uses of the sea and the obligation to achieve Good Environmental Status for our seas by 2020. (They will thus be developed from measures the Scottish Government is already committed to taking to fulfil the requirements of the EMSFD). We note that, in proposing this three tier system, we nowhere use the term Marine Ecosystem Objectives. There are some benefits to this, as there is a growing and often self-contradictory body of literature on the philosophy behind, and potential form of, MEOs, often requiring systems of very considerable complexity in both management and reporting terms. We believe that the Scoping Study we have undertaken has reverted to first principles to design a system that is fit for purpose, achievable and realistic. We suggest that, in combination, the proposed Marine Ecosystem Standards and National Marine Objectives should be taken to represent the Marine Ecosystem Objectives referred to in Sustainable Seas for All and in the proposed target in the Scottish Biodiversity Implementation Plan for Marine and Coastal Ecosystems, thus fulfilling the requirement to produce guidance on these. 6.2 The concept behind Marine Ecosystem Standards Sustainable Seas for All makes clear that the Scottish Government wishes its objective of “increasing sustainable economic growth” to apply also to the seas around Scotland. For this to be achieved, it will be essential for tests of sustainability to be in place. There are long-established protocols in place for ensuring that any developments are economically viable and meet social needs. This section considers the potential for a test of environmental sustainability in the marine environment. As noted in Chapters 1 and 6.1, we propose that there should be a set of Marine Ecosystem Standards (MESs), as baseline indicators to show that human activities in the marine environment were not impacting on the functioning of healthy ecosystems, so that these ecosystems can continue to provide the products and services on which our marine industries and activities rely. Fundamentally, this is about ensuring that the seas around Scotland are in ‘good environmental status’ (not necessarily identical to, but in parallel with, the definition of Good Environmental Status in the EMSFD), and that ecosystems are being allowed to function, flourish and, where appropriate, recover without damaging human interventions. The EMSFD requires Member States by July 2012 to “establish a comprehensive set of environmental targets and associated indicators for their marine waters, so as to guide progress towards achieving good environmental status in the marine environment, taking into account the indicative lists of pressures, impacts… and characteristics [set out in Annexes to the Directive]” (European Union, 2008). Given that a major aim of the Scottish Marine Act (once enacted) will be to achieve good environmental status for Scotland’s seas, we propose that it would be sensible to bring forward the development of the required European targets and indicators, to also meet the timetable of the Scottish Marine Bill, drawing on the work underway by the EMFSD Task Groups to better define the qualitative descriptors, and with any conclusions sufficiently flexible to incorporate the outcomes of this work. We therefore propose that these MESs should be based primarily around the descriptors of Good Environmental Status in the EMSFD, since there will already be a binding legal obligation to take measures to achieve these. However, we suggest that these should be modified to a scale relevant to Scotland, and applicable also to Scottish Marine Regions, and that they should be developed in ways which also meet Scottish aspirations and 39 perspectives (for example, Ministers may wish to include a standard for the environmental footprint of aquaculture, which is not directly covered in the Directive). In taking this forward, we need to ensure we have enough MESs in place to provide security that the marine environment is not deteriorating, and is not failing to recover or improve, as a result of human activities. However, we would urge that there should not be so many that reporting on them becomes an objective in itself, drawing away resources that would be better spent on marine management. In effect these MESs would lie somewhere between indicators of ecosystem health, and targets for acceptable ecosystem status. But the important thing is that they should serve as a trigger for action. Marine Scotland, and all Scottish Marine Regions, should be required to show that none of their activities impact on these Standards. Where a Standard is not being achieved, Marine Scotland and the relevant Scottish Marine Region should be required to take action to ensure that the Standard can be achieved within a reasonable time. In effect, therefore, these would be somewhat similar to the National Care Standards which Scottish Ministers set for Care Services in Scotland11, the National Care Standards for Independent Medical Consultant and General Practitioner Services 12 , or the standards for Scottish education set by the Curriculum for Excellence13. As is the case with Good Ecological Status standards under the Water Framework Directive, we recognise that some marine waters are so highly modified by human activities that it would be unrealistic to expect them to meet the high quality of environment for which we would aspire in most Scottish waters. We therefore propose that Scottish Marine Regions should be allowed to designate some waters with a term such as ‘Highly Used Waters’ and that, for these, a lower level of MESs should be permitted. There are already in place a very substantial range of de facto marine aims, objectives, goals, targets and descriptors (not always appropriately named) to which the Scottish Government is committed. These range from biodiversity targets relevant to the marine environment under the Scottish Biodiversity Strategy, to the Ecological Quality Objectives (EcoQOs) proposed under OSPAR (currently only for the North Sea, but likely to be expanded to the North-east Atlantic), and legally-binding commitments under the European Water Framework Directive. These are summarised in Appendices 1 and 2. There is even one specifically marine target in the set of National Indicators and Targets in the Scottish Government’s Scotland Performs (see Chapter 4.5 and 9). In combination, these already provide a major set of commitments. Our initial assessment is that we could draw from these pre-existing targets a set of MESs that cover most elements of marine ecosystems, without requiring any major commitment of new resources and effort to this task. However, as already noted, Ministers may wish to add other Standards to this list to meet the national aspirations for Scotland’s seas. The Scottish MESs, as proposed, therefore represent a combination of:• the environmental targets and associated contributory indicators for Scottish marine waters which the Scottish Government will be required by the EMSFD to draw up by 11 www.scotland.gov.uk/Topics/Health/care/17652/National-Care-Standards-1-1 12 www.scotland.gov.uk/Publications/2007/10/04100130/1 13 www.scotland.gov.uk/Publications/2004/11/20178/45862 40 2012 (but which we suggest should be developed by Marine Scotland before this deadline) • plus perhaps other relevant targets to which the Scottish Government has already committed itself as a result of other legislative instruments and agreements • plus possibly a small number of additional targets which may be required to ensure that appropriate safeguards are in place for particularly Scottish aspects of the marine environment (as discussed in chapter 8). We note that the current interpretation is that the EMSFD requires Good Environmental Status to be achieved for each Regional Sea or Sub-regional Sea as a whole, and that therefore there is no requirement for all marine areas to be in Good Environmental Status. The suggestion therefore is that the attainment level for GES in individual Scottish waters will not be as high as that for the Regional Sea as a whole. There is logic to this concept. However we believe that, if the target of Good Environmental Status is to be achieved at the Regional or Sub-regional Seas, then it will be essential for every marine area within these seas to make their contribution towards achieving this status. We therefore propose that each Scottish Marine Region (SMR) should be asked to agree its own targets for achieving Good Environmental Status in its waters, including realistic targets for those waters recognised as ‘Highly Modified Waters’, and to report against the MESs as a means of showing progress towards this end. We suggest that there is an alternative interpretation of scale that needs to be considered. Damage to the environmental status of localised waters within SMRs might be insignificant overall to the achievement of Good Environmental Status at the European Regional Sea level, but might be highly significant to local communities and businesses. For example, a local causeway or impoundment might not have a significant effect on the hydrographic conditions at a Regional Sea scale considered by GES7 (our proposed OSS9), but might have a significant impact on the amenity and functioning of communities and marine businesses locally. Similarly a localised pollution incident may have infinitesimal impact on pollution effects within the Regional Sea (GES8; OSS2), but might be a serious concern for local people living near the incident. More work is necessary on how the EMSFD requirement for Good Environmental Status can be translated to deliver at the Scotland-wide or SMR level, but this was beyond the remit of the present Scoping Study. However, we would recommend that the levels set for each Marine Ecosystem Standard at the Scottish and SMR levels should be realistic and achievable, but also ambitious and challenging. It is clear from debates in the Scottish Parliament, and from responses to the consultation on Sustainable Seas for All, that this is the clear expectation of the Scottish people for the forthcoming Scottish Marine Bill. Therefore, as a general principle, we suggest that SMRs should be instructed to work towards ensuring no overall deterioration in the environmental status of their waters; if a socially or economically desirable project risks causing deterioration within a limited area, they should be encouraged to make compensatory improvements elsewhere (as far as this is measurable), so that there is no net decline in environmental status within the SMR. (We propose that action for the recovery, where appropriate, of ecosystem health is best addressed within the National Marine Objectives). Because we propose building MESs on a range of existing targets and indicators, we believe that protocols will already be in place for monitoring and surveillance against these indicators and targets. However, this monitoring and surveillance is likely to be at a geographic scale that is too wide to give us complete assurance that we are achieving our Standards at the Scottish or SMR level. It seems probable that more monitoring and surveillance sites will be 41 required to ensure that any variations around the seas of Scotland can be detected with confidence. We suggest that it should be the responsibility of Marine Scotland and the SMRs to put this extended monitoring and surveillance in place. Data requirements are considered further in Chapter 7. We would expect that Marine Scotland will report on the status of these standards at regular intervals to show that taking forward the National Marine Objectives is having no negative impact on the condition of the marine environment, and that positive management instigated through the environmental National Marine Objectives, together with the system of marine planning, is helping to encourage progress towards achieving those MESs which have not yet been met. There are two potential options for such reporting:• • a regularly updated State of Scotland’s Seas report; regularly updated and online ‘MES factsheets’, in the style used by HELCOM (see appendix 4) We would favour the latter approach. If, as we propose, many of the MESs are drawn from existing Scottish Government commitments, they are likely to have different reporting requirements and timescales. The online factsheets could therefore be continuously updated, as reporting requirements are met, and therefore provide a better snapshot of the state of Scotland’s seas than a published report, parts of which would inevitably be two or three years out of date before the report could be published. 6.3 Draft proposals for Marine Ecosystem Standards Our proposal therefore is that many (probably the majority) of the Marine Ecosystem Standards would be drawn from the descriptors of Good Environmental Status, required for reporting on the EMSFD, but adapted to a scale relevant to Scotland. Considerable work is underway on how these reporting requirements might be achieved, and this work should be incorporated by Marine Scotland when drawing up the set of MESs as one of its first priorities after establishment. Our initial thoughts on the form that these standards might take is shown below, although much further work is required before these can be completed, and the wordings proposed are not in any way intended to be definitive at this stage. It may be inevitable, given the state of our current knowledge, that the MESs will be a combination of state, pressure and process standards, but we would hope that, with further work in the coming years, these could move to a higher proportion of state indicators. There will therefore be a requirement to revisit and amend these standards, perhaps at five-yearly intervals, to ensure they remain relevant and fit-for-purpose. GES 1: Biological diversity is maintained. The quality and occurrence of habitats and the distribution and abundance of species are in line with prevailing physiographic, geographic and climatic conditions. (relates also to OSS 6). • A minimum of 95% of Natura sites are in favourable condition for the special features for which they were declared. • The agreed targets for establishing an ecologically-coherent network of Marine Protected Areas in Scottish waters are being met, including any sites designed to protect features 42 of particular Scottish significance, and management measures are in place, or are being put in place, to ensure that these sites meet their agreed conservation objectives. • A minimum of 95% of non-Natura Marine Protected Areas in Scottish waters are in, or are moving towards, favourable condition. • The number of marine species and habitats listed as threatened in the Scottish Biodiversity List is not increasing (except as the result of better information on species or habitats previously listed as ‘data deficient’), and targeted action under the Scottish Biodiversity Strategy is improving the conservation status of certain of these species and habitats. GES2: Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems. (also OSS 7) We seriously question the practicality and achievability of this descriptor, especially given the additional invasive pressures as a result of climate change (there is no sign that this aspiration is being achieved in the terrestrial environment of Scotland, and it will be considerably more difficult in the marine environment). We therefore propose that the standards should be primarily pressure and process standards, recognising that it may ultimately be impossible to achieve ecosystems undamaged by non-indigenous species. • The agreed programme in the Invasive Non-native Species Framework Strategy is being taken forward effectively in Scottish waters. • As a result of agreed measures to minimise the risk of invasive non-native species becoming established in Scottish waters, the damage to native species and habitats is shown to be contained within acceptable levels. GES3: Populations of all commercially exploited fish and shellfish are within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock. (also OSS 17) • The percentage of key commercial fish stocks at full reproductive capacity and harvested sustainably are moving progressively towards achieving the target level of 70% by 2015, as stated in The Scottish Government’s Scotland Performs national indicators. Beyond this date, progress can be shown towards progressively increasing the percentage of commercial fish stocks in this condition. • Stock assessment shows that the harvesting of shellfish in Scotland is sustainably managed. GES4: All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity and levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity. (also OSS 8) • No seabird population is declining as a result of food chain and other pressures that could be controlled effectively by the management of human activities in or on the sea. • (We recommend development of a standard based around the long-term data set for meso-zooplankton and phytoplankton through the Continuous Plankton Recorder, operated by SAHFOS, but this is beyond our expertise to draft.) 43 • (We urge Marine Scotland to consider whether other OSPAR EcoQOs, as agreed, may be relevant here, possibly in a wider area than that of the North Sea alone.) GES5: Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in biodiversity, ecosystem degradation, harmful algae blooms and oxygen deficiency in bottom waters. (also OSS 1) • An agreed percentage of transitional water bodies (as defined by the EU Water Framework Directive, see Chapter 4.3) are in, or are moving towards, Good Ecological Status in each Scottish marine region, so that in total 91% of water bodies across Scotland meet this target, as specified in the existing Scottish target under EU Water Framework Directive (also contributes to GES8). • The quality of all marine waters (including offshore waters) shows no deterioration, year on year, with respect to the ‘undesirable disturbance’ caused by eutrophication (also contributes to GES8). • The 10-year rolling mean for the number of marine pollution incidents does not increase, and response times for such incidents meets agreed standards. • Oxygen levels in Scottish marine waters are above the limits agreed with OSPAR [OSPAR EcoQO, strictly only for North Sea]. • Maximum and mean phytoplankton chlorophyll A concentrations during the growing season are below the limits agreed with OSPAR [OSPAR EcoQO, strictly only for North Sea]. GES6: Sea-floor integrity is at a level that ensures that the structure and functions of the ecosystems are safeguarded and benthic ecosystems, in particular, are not adversely affected. (also OSS 10) Current discussions centre on whether this descriptor is relevant to Scotland, with EC representatives describing it as a ‘theoretical backstop’ to stop massive infrastructure projects over a large area (unpublished report on GES conference, held in Brest, France on 9-11 December 2008). One option might be to use the list of Nationally Important Marine Features being developed by the UK Government, and have a process standard based on the proportion of these in Scottish waters that have a plan in place to manage potentially damaging impacts. GES7: Permanent alteration of hydrographical conditions does not adversely affect marine ecosystems. (also OSS 9) (Further work required) GES8: Concentrations of contaminants are at levels not giving rise to pollution effects. (also OSS 2) (Note that the first two objectives under GES5 would also contribute towards this descriptor). 44 • Water quality standards under the EU Water Framework Directive (see Appendix 1.5) are being met, with respect to the progressive reduction of discharges, emissions and losses of priority substances to surface water bodies, and the cessation or phasing-out of discharges, emissions and losses of priority hazardous substances to surface water bodies, and any marine sources of these are also being addressed as in the EUWFD applied in these waters. (This will also contribute to GES9 below). • The average level of imposex (development of male characteristics as a result of specific pollutants) in female dog whelks occurs at levels of less than 2%. [OSPAR EcoQO, strictly only for North Sea]. GES9: Contaminants in fish and other seafood for human consumption do not exceed levels established by Community legislation or other relevant standards. (also OSS 3) • The level of contaminants, toxins, and microbiological and radioactive contamination in seafood remains below concentrations that pose a significant risk to human health. GES10: Properties and quantities of marine litter do not cause harm to the coastal and marine environment. (also OSS 4) • There is no increase in the number of turtles, seals and seabirds recorded as being killed by marine litter (proportionate to the total number of sightings or populations). • In samples of between 50 and 100 dead northern fulmars found washed up dead on the shores of each Scottish Marine Region or agreed combination of Scottish Marine Regions, less than 2% should have 10 or more plastic particles in their stomach. (Proposed OSPAR EcoQO) GES11: Introduction of energy, including underwater noise, is at levels that do not adversely affect the marine environment. (also OSS 5) (This could be based on monitoring of noise levels at existing monitoring sites in the course of these pre-existing monitoring exercise, but further work is needed to define the risks and parameters to be measured ~ amplitude, frequency etc.) We recommend further discussion on whether any further Marine Ecosystem Standards are required to cover issues not included within the Descriptors of Good Environmental Status, especially perhaps relating to the unique, special and distinctive Scottish features considered in Chapter 8. 6.4 The basis for National Marine Objectives. As noted in Chapters 1 and 6.1, we propose that National Marine Objectives (NMOs) will be the targets and actions required to achieve the 25 proposed Outcomes for Scotland’s Seas. They will therefore be active management prescriptions that will need to become a significant focus of the work programme for all bodies with marine responsibilities. 45 We offer some initial thoughts on the form and wording of a range of possible NMOs in Chapter 6.5 – 6.8 below, as a stimulus for further discussion, noting that the Scottish Government has committed to establishing National Marine Objectives in Sustainable Seas for All. We believe it is important that the National Marine Objectives should be regarded as an integrated set of objectives, all required to work in sympathy with each other. So, for example, economic objectives should not work in contradiction with the environmental ones, and, where an environmental objective might require some constraints on economic or social activity, it should make clear how these constraints should be overcome. All of these National Marine Objectives should recognise that damage to the functioning of marine ecosystems also damage human economic and social outcomes, and so must be avoided at all costs. They should operate at a scale relevant to marine ecosystems, and all of them should be based on the principles of the ecosystem-based approach. The starting point for our scoping of National Marine Objectives was the recognition that very considerable amounts of work have already been done in defining objectives for European, UK and Scottish seas. This work has been driven by the implementation requirements of a range of European directives, international conventions, and UK and Scottish initiatives to which the Scottish Government is committed (summarised in Appendix 1), as well as a range of other scoping exercises, established with the agreement and support of the Scottish Government, but which are not formal commitments (summarised in Appendix 2). We therefore began from, and wished to test, the hypothesis that all the likely requirements that might be envisaged for the seas around Scotland would be covered by existing or proposed objectives within this body of work. As described in Chapter 3.5, we produced a spreadsheet of all these objectives and aligned them against the 25 Outcomes for Scotland’s Seas proposed in Table 3.5. As we expected, there was a substantial overlap between the many objectives we had compiled (since many of them were drawn up to deliver the same fundamental vision for Scotland’s seas). In these cases, we tried to select the objectives best suited to achieve the relevant High Level Outcome, with wording that best summarised what it was intended that public policy should deliver. In several cases, we combined wording from a number of pre-existing objectives, to form a single, more comprehensive objective. For uniformity, we reworded many of these objectives into a standardised format beginning, wherever possible, with an active verb, so that these clearly defined the action that needed to be taken to achieve the relevant Outcome for Scotland’s Seas. The rest of this section outlines the preliminary conclusions that we reached. In presenting this material, we wish to emphasise that this contract was to complete a ‘Scoping Study’ towards the development of objectives for Scotland’s marine environment. As authors, we were specifically instructed not to deliver a definitive list of objectives, as this, quite properly, will be an early task for Marine Scotland, with wide stakeholder involvement. We wish to further emphasise that none of the objectives listed below have been originated by the authors; all of them have been derived directly or modified from existing legal requirements on the Scottish Government, or from initiatives to which it has already expressed its commitment, or on proposals from work in progress. In each case, we list in italics the origin of the wording we are proposing (see Appendices 1 and 2 for full details of these initiatives). In no sense, therefore, should the examples below be regarded as a definitive set of objectives for the management of Scotland’s seas: much more work will be required to refine and complete this work, in full consultation with all marine stakeholders, most particularly for the objectives relating to the productive use of the marine environment. They are presented here (a) to illustrate what we believe is an effective structure for the organisation of National 46 Marine Objectives and (b) to show that most elements of the Strategic Vision can be delivered by a range of Objectives to which the Scottish Government is already committed, or is considering commitment. The adoption or adaptation of suitable pre-existing objectives clearly removes the requirement to draft considerable numbers of new Objectives which would require significant resources both to deliver and to report upon. We believe this should allow the maximum resourcing to be delivered to where it is most needed: on practical action ‘to modernise and streamline the management of our marine environment to deliver sustainable economic growth’, as envisaged in Sustainable Seas for All. We re-emphasise our view that one of the High-Level Marine Objectives proposed by the UK and Scottish Government should be regarded as an over-arching principle in taking forward all 25 of the proposed Outcomes for Scotland’s Seas which follow, namely that “the Precautionary Principle is applied consistently in accordance with the Government’s sustainable development policy”. 6.5 Draft National Marine Objectives for delivering Clean & Safe Scottish seas OSS1: Human-induced eutrophication is minimised, especially adverse effects thereof, such as losses in biodiversity, ecosystem degradation, harmful algal blooms and oxygen deficiency in bottom waters. i. Protect, enhance and restore 91% of Scotland’s transitional (inshore) water bodies to good ecological status [required by 2015, but continuing thereafter], and take measures to improve the water quality of the remaining 9% of water bodies, categorised as highly modified, wherever practicable. (Existing Scottish target under EU Water Framework Directive). (also contributes to OSS2) ii. Maintain or recover marine water quality to within defined standards which aim to prevent ‘undesirable disturbance’ caused by eutrophication. (Proposed RMNC Operational Objective). iii. Continue to improve our capability for responding to marine pollution incidents. (Existing Scottish Government commitment from ‘Strategic Framework for Scotland’s Marine Environment’ – we would recommend modifying this to a more outcome-related objective, but this will require further work). (also contributes to OSS2). OSS 2: Concentrations of contaminants are at levels not giving rise to pollution effects. i. Comply with European wide measures against priority hazardous substances. (EU Water Framework Directive obligation). (also contributes to OSS4)) ii. Prevent contaminants, toxins, and microbiological and radioactive contamination of marine and coastal ecosystems from reaching concentrations that present a significant risk to human health or of significant disruptions to ecosystems. (Adapted from Draft Contributory Marine Objectives). OSS3: Contaminants in fish and other seafood for human consumption do not exceed levels established by Community legislation or other relevant standards. 47 i. Prevent contaminants, toxins, and microbiological and radioactive contamination of seafood from reaching concentrations that present a significant risk to human health. (Draft Contributory Marine Objectives). OSS 4: Properties and quantities of marine litter do not cause harm to the coastal and marine environment. i. Reduce input of litter to the marine environment to below levels aimed at protecting vulnerable marine habitats and species. (Proposed RMNC Operational Objective). ii. Reduce input of litter to the marine environment to levels that minimise the impact on public safety, amenity and landscape. (New proposed objective). OSS 5: Introduction of energy, including underwater noise, is at levels that do not cause harm to the coastal and marine environment. i. Maintain noise and vibration levels below precautionary standards aimed at protecting vulnerable marine species from disturbance. (Proposed RMNC Operational Objective). 6.6 Draft National Marine Objectives for delivering ‘Healthy & Biologically Diverse’ Scottish Seas We note that this is the section for which the largest number of objectives already exist, or have been proposed, perhaps reflecting a contention that this is the area which has been delivered least successfully by the past management of our seas. OSS 6: Biological diversity is maintained and recovered where appropriate. The quality and occurrence of habitats and the distribution and abundance of species, including those which have been identified as rare, vulnerable or valued, are in line with prevailing physiographic, geographic and climatic conditions. i. Maintain or restore, at favourable conservation status, natural marine habitats and species of wild marine fauna and flora of Community interest, using the mechanisms required by the EU Habitats Directive. (EU Habitats Directive obligation). ii. Take measures to conserve all naturally occurring seabird species across the EU including the regulation of hunting of bird species mentioned in Annex II of the Birds Directive. (EU Birds Directive obligations) iii. Consider measures to improve the ecological coherence of the Natura 2000 network by maintaining, and where appropriate developing, features of the marine environment which are of major importance for wild fauna and flora, as referred to in Article 10 of the EU Habitats Directive. (EU Habitats Directive obligation). 48 iv. Halt the loss of marine biodiversity and continue to reverse previous losses through targeted action for species and habitats 14 . (Existing Scottish Biodiversity Strategy objective, although further work is required as to how this might be monitored). v. Prevent those anthropogenic activities affecting the chemical and biological characteristics of the marine environment from negatively impacting ecosystem processes, and the range, distribution, diversity and health of species and communities in an unsustainable manner. (Draft Contributory Marine Objectives) vi. Establish an ‘ecologically coherent network’ of marine protected areas around Scottish waters, meeting existing obligations under Natura 2000, OSPAR15 and WSSD, and put mechanisms in place to ensure that these sites can be managed to protect the biodiversity interest for which they were selected. Consider whether any further sites are required to include features of particular Scottish significance 16 . (Proposed target in Scottish Biodiversity Implementation Plan – Marine and Coastal Ecosystems). OSS 7: Non-indigenous species introduced by human activities are at levels that do not adversely alter the ecosystems. This outcome is addressed by two proposed RMNC Operational Objectives, but we do not believe that the wording of these is realistic in a Scottish context (and we question whether this outcome is genuinely achievable in the marine environment). We recommend that further work is done on this Outcome to develop one or more objectives which are realistic but achievable. This might be worded something along these lines:i. On the basis of risk assessment, and cost-benefit analysis, put measures in place to minimise the risk of invasive, non-native marine species becoming established in Scotland, take action at the earliest possible stage to eradicate any of these species which do arrive before they become established, and put in place plans as appropriate to limit the impact of species which do become established, despite these precautions. 14 In taking forward the NMOs (iii) and (iv) here, we recommend that special priority should be given to biogenic structures, water column features, important areas for aggregations of mobile species, genetic diversity, features of specific Scottish importance (see chapter 8), and damage to the habitat complexity of marine ecosystems due to human activity. (Priority features identified in proposed RMNC Operational Objectives and recommendations from the Irish Sea Pilot Project). 15 To meet the 2003 OSPAR Commission recommendation on an ecologically-coherent network of well-managed marine protected areas, these should collectively aim to: (a) protect, conserve and restore species, habitats and ecological processes which have been adversely affected by human activities; (b) prevent degradation of, and damage to, species, habitats and ecological processes, following the precautionary principle; (c) protect and conserve areas that best represent the range of species, habitats and ecological processes in the maritime area. 16 The network of marine protected areas should also include sites of significance for geodiversity and perhaps sites of cultural importance (marine wrecks etc). These are beyond the scope of this report, although they could play a role in achieving ecological coherence of the network. 49 OSS 8: All elements of the marine food webs, to the extent that they are known, occur at normal abundance and diversity and levels capable of ensuring the long-term abundance of the species and the retention of their full reproductive capacity. i. Ensure compliance with precautionary standards which aim to avoid ‘undesirable disturbance’ of trophic status. (Proposed RMNC Operational Objectives). ii. Protect the trophic level balance from significant changes due to human activity by compliance with precautionary standards. (Proposed RMNC Operational Objectives). OSS 9: Permanent alteration of hydrographical conditions does not adversely affect marine ecosystems. i. Prevent those anthropogenic activities which affect the physical and hydrographical conditions in the marine environment from negatively impacting on ecosystem integrity and viability in an unsustainable manner. (Draft Contributory Marine Objectives). There is currently considerable debate about what this outcome (derived from the descriptors of Good Environmental Status) actually means in practice, and how it therefore can be delivered. We recommend that Marine Scotland should follow the progress of this debate, and propose more specific Marine Ecosystem Objective(s) to deliver this outcome in the light of the outcome of that debate. OSS 10: Sea-floor integrity is at a level that ensures that the structure and functions of the ecosystem are safeguarded and benthic ecosystems, in particular, are not adversely affected. i. Protect seabed habitats, including the coastal processes which support them, from ecologically-significant change due to human activity, and reverse such change where practicable. (Proposed RMNC Operational Objectives). Additionally we propose that consideration should be given to an objective along the following lines:ii. Manage activities which impart physical damage to the seabed in such a way as to minimise impact on biogenic structures, benthic communities, habitats and species. (New proposed objective). 6.7 Draft National Marine Objectives for delivering ‘Productive’ Scottish Seas, meeting the needs of people Whilst this is strictly beyond the scope of the present Scoping Study, we thought it was important to record here the objectives which we captured in the course of this exercise. This will be developed further by a parallel scoping study on the economic and social elements of the National Marine Objectives. 50 OSS 11: Marine businesses are acting in a way which respects environmental limits and is socially responsible. This is rewarded in the marketplace. i. Take forward, in a balanced way, all components of the Renewed Strategic Framework for Scottish Aquaculture. (Existing Scottish Government commitment). ii. The Scottish fishing industry and Scottish Government take forward in partnership, through the Scottish Fisheries Council, a programme of measures to reduce the impact of fishing activities on the marine and wider environment. (Adapted from agreed High Level Outcome of Scottish Fisheries Council) iii. Working with key Scottish industry fora, develop a targeted range of materials to assist marine and coastal industries to understand the requirements and benefits of sound management of marine biodiversity. (Proposed target in Scottish Biodiversity Implementation Plan – Marine and Coastal Ecosystems). iv. Maintain and improve the licensing regime for deposits in the sea. (Existing Scottish Government commitment in Strategic Framework For Scotland's Marine Environment). v. Improve the co-ordination of offshore renewable energy related development consents. (Existing Scottish Government commitment in Strategic Framework For Scotland's Marine Environment). OSS 12: People appreciate the value of the marine environment, its natural and cultural heritage and its resources and act responsibly. i. Increase awareness, understanding and enjoyment of marine biodiversity, and engage many more people in conservation and enhancement. (Existing Scottish Biodiversity Strategy objective). ii. Increase awareness, understanding and enjoyment of the marine cultural heritage, and engage many more people in its conservation and enhancement. (New parallel objective to SBS for cultural heritage). iii. Make the best available knowledge and information more accessible to policy makers, practitioners and the general people. (Adapted from an existing Scottish Biodiversity Strategy objective). iv. Take measures to safeguard and enhance the scenic quality and diverse character of coastal seascapes and landscapes. (Adapted from SNH Natural Heritage Futures objective). v. Establish an effective management framework which ensures that biodiversity and the value of ecosystem services is fully reflected in decision-making. (Adapted from an existing Scottish Biodiversity Strategy objective). OSS 13: The marine environment plays an important role in mitigating climate change. i. Promote adaptive management of the natural environment to respond to changing pressures, including climate change. (Existing Scottish Government commitment from ‘Safeguarding our Seas’) 51 OSS 14: Infrastructure is in place to support and promote safe, profitable and efficient marine businesses. This objective will be considered in more detail in the parallel scoping study on social and economic objectives. i. Promote and support dynamic and sustainable coastal economies and the communities they support, recognising their traditional, cultural and economic affinities to the sea. (Adapted from Draft Contributory Marine Objectives.) (with OSS6) ii. Encourage an investment climate which supports and underpins the long-term future and competitiveness of the aquaculture sector, with investment in best practice and technologies to minimise impacts on the environment. (Existing Scottish Government commitment in Renewed Strategic Framework for Aquaculture) OSS 15: Long-term wealth is generated by the responsible use of the marine environment and its resources. This objective will be considered in more detail in the parallel scoping study on social and economic objectives. i. Achieve and maintain the sustainable and productive use of the marine environment with respect to the provision of goods & services to meet national needs. (Adapted and simplified from Draft Contributory Marine Objectives) OSS 16: The use of the marine environment is benefiting society as a whole, contributing to resilient and cohesive communities. This objective will be considered in more detail in the parallel scoping study on social and economic objectives. i. Promote access to the sea and coast for public enjoyment and recreation (this should include commercial opportunities and wildlife tourism consistent with the other objectives). (Adapted from SNH Natural Heritage Futures objective) ii. Promote and support dynamic and sustainable coastal economies and the communities they support recognising their traditional, cultural and economic affinities to the sea. (Adapted from Draft Contributory Marine Objectives). (with OSS1) OSS 17: Populations of all commercially exploited fish and shellfish are within safe biological limits, exhibiting a population age and size distribution that is indicative of a healthy stock. i. Maintain the spawning stock biomass above precautionary reference points for commercial fish stocks agreed by the competent authority for fisheries management. (Proposed OSPAR North Sea Pilot Ecological Quality Objectives). ii. Enable the recovery of spawning stock biomass for those fish species not within Safe Biological Limits. (Proposed RMNC Operational Objective). iii. Within marine spatial planning strategies, take account of areas of particular importance for spawning, breeding, feeding and migration bottlenecks of commercially significant species. (Adapted from Irish Sea Pilot Project Conservation Objectives). 52 iv. Ensure that the harvesting of shellfish is ecologically sustainable. objective to address important Scottish industry). 6.8 Draft National Marine Objectives for delivering contributing to the sustainable management of our seas improved (New additional governance, This range of objectives relates to improving governance of and institutional arrangements for marine management, to ensure that the Strategic Vision for Scotland’s seas and the descriptors of Good Environmental Status can be better delivered. Several are primarily economic or social in their focus, and are likely therefore to be expanded upon by the parallel scoping study on social and economic objectives. OSS 18: All those who have a stake in the marine environment have an input into associated decision-making. This objective will be considered in more detail in the parallel scoping study on social and economic objectives. i. Provide and maintain adequate opportunities for stakeholder engagement and participation in the decision making process. (Draft Contributory Marine Objectives). OSS 19: Marine and coastal management mechanisms are responsive and work effectively together, for example through integrated coastal zone management. i. Take a more holistic approach to policy-making and delivery, with the focus on maintaining healthy ecosystems and ecosystem services. (Existing commitment in ‘Safeguarding Our Seas’). ii. Provide accessible guidance and advice to Scottish coastal and marine biodiversity regulators and practitioners, officeholders of public bodies, and marine stakeholders to ensure they appreciate the complexities of managing the marine environment and are able to assist with that management, and reduce their impacts, through their own duties and activities. (Paraphrased from various targets in Scottish Biodiversity Implementation Plan – Marine and Coastal Ecosystems). OSS 20: Marine businesses are subject to clear, timely, proportionate and plan-led regulation. This objective will be considered in more detail in the parallel scoping study on social and economic objectives. i. Achieve and maintain fit-for-purpose regulatory regime with demonstrable environmental benefits whilst reducing administrative and financial burdens. (Draft Contributory Marine Objectives). OSS 21. The use of the marine environment is spatially planned and based on an ecosystem approach which takes account of climate change and recognizes the protection needs of individual historic assets. 53 i. Take decisions at the appropriate spatial scale while recognising the cumulative impacts of such decisions. (Existing Scottish Government commitment in ‘Safeguarding our Seas’). ii. Maintain the ability to identify and respond to current and future pressures of climate change on the marine environment. (Draft Contributory Marine Objectives). OSS 22. Our understanding of the marine environment continues to develop through new scientific research and data collection. i. Characterise ocean and atmospheric processes to contribute to the overall UK understanding of environmental interactions. (Draft Contributory Marine Objectives). ii. Improve the co-ordination of Government funded marine science in Scottish waters. (Existing Scottish Government commitment in Strategic Framework For Scotland's Marine Environment). iii. Complete and publish a full review on the “State of Scotland’s Seas”, to include identification of key information gaps. (Proposed target in Scottish Biodiversity Implementation Plan – Marine and Coastal Ecosystems: preliminary report already published (Baxter et al, 2008)). iv. Ensure that the best new and existing knowledge on biodiversity is available to all policy makers and practitioners. (Scottish Biodiversity Strategy commitment). OSS 23. Sound evidence and monitoring is made accessible and available and underpins effective marine management and policy development The additional wording in this objective (in italics) allows it to include a number of objectives relating to the better co-ordination and availability of data, which is an essential prerequisite before these data can be used to underpin effective marine management and policy development. i. Ensure that coastal and marine monitoring in Scotland is coordinated between all agencies operating in the marine environment, and a pertinent environmental indicator suite has been developed for application in these environments. (Proposed target in Scottish Biodiversity Implementation Plan – Marine and Coastal Ecosystems). [This should include the development of relevant EcoQOs to meet OSPAR commitments.] ii. Update the Scottish Biodiversity List and make this available to all officers of public bodies whose activities impact upon marine biodiversity. This updated list should be harmonised with the revised UK Biodiversity Action Plan (BAP) List, identifying gaps in marine coverage, and including supporting information on coastal and marine habitats and species. (Proposed target in Scottish Biodiversity Implementation Plan – Marine and Coastal Ecosystems). [Note that this revision would also meet the requirements of OSPAR annex V for a list of threatened or declining habitats and species]. iii. Assess critically all new strategies, and reviews of existing strategies, relating to the marine environment, to ensure that they are consistent with the National Marine Objectives and Marine Ecosystem Standards. (Adapted from proposed target in Scottish Biodiversity Implementation Plan – Marine and Coastal Ecosystems). 54 iv. Promote efficient and timely access to, and use of, marine data and information. (Draft Contributory Marine Objective). v. Provide and maintain effective communication, education, and knowledge transfer with respect to marine issues. (Draft Contributory Marine Objective). OSS 24. Marine businesses are taking long-term strategic decisions and managing risks effectively. They are competitive and operating efficiently. OSS 25. Use of the marine environment will recognise, and integrate with, defence priorities, including the strengthening of international peace and stability and the defence of the United Kingdom and its interests. Because our scoping study focussed on intermediate and operational level goals relating to ecosystems and the marine environment, our analysis did not produce any proposed objectives relating to the above two Outcomes for Scotland’s Seas. However, we believe these will be considered in detail by the parallel scoping study on social and economic objectives for Scotland’s seas. 6.9 Mechanisms to take forward National Marine Objectives and Marine Ecosystem Standards We note that as presently formulated, many of the draft National Marine Objectives we propose in the previous sections are not entirely ‘SMART’ (specific; measurable; achievable; realistic and timed), although we believe that they are sufficiently specific that it should be possible for Marine Scotland to report on progress towards them on an annual or threeyearly basis. To make this system work, we suggest that, in practice, the National Marine Objectives will need to be taken forward by the relevant government departments, agencies and nondepartmental bodies with marine responsibilities (including Scottish Marine Regions) as specific objectives within their (typically 3-yearly) Operational Plans, with the lead, and overall reporting responsibilities, lying with Marine Scotland. Each body should be required to contribute towards the achievement of the National Marine Objectives (and the Parliament may wish to consider making this a duty within the Scottish Marine Bill), as instructed by Ministers in annual departmental briefs, grant-in-aid letters or equivalent. The development of these Operational Objectives will therefore be initiated from a ‘bottom up’ approach within the departments, agencies and bodies concerned, and these are therefore beyond the remit of this Scoping Study. However, we note that, for reporting purposes, it will be essential for these Operational Objectives to be ‘SMART’ Marine Scotland should be required to advise Ministers that, in combination, the plans of all these departments, agencies and non-departmental bodies are adequate to ensure progress in achieving the National Marine Objectives. Ministers may wish to prioritise action on selected National Marine Objectives over any planning period, but the invariable requirement should be that none of the actions of these departments, agencies and non-departmental bodies should hinder the future achievement of any of the National Marine Objectives, or impact deleteriously on the Marine Ecosystem Standards. 55 It is expected that a key aim of marine planning would be to help achieve the Outcomes for Scotland’s Seas. The marine planning system should therefore be informed by the relevant National Marine Objectives and underpinned by the Marine Ecosystem Standards in order to ensure that planning decisions help achieve our marine priorities and do not cause any breach of ecosystem standards that would jeopardise the health of the marine environment and its future use. Marine Scotland and the Scottish Marine Regions should be expected to show that their Marine Plans and Management Strategies are contributing to achievement of the National Marine Objectives and to the maintenance of the Marine Ecosystem Standards. In practice, some of the National Marine Objectives will be a higher priority in some Scottish Marine Regions than in others. Similarly, some Marine Ecosystem Standards may prove to be more challenging to achieve, and so require a higher priority for action towards realistic outcomes, in particular Scottish Marine Regions, but this should be reflected in their Operational Plans. Because marine ecosystems do not recognise political boundaries, it will be important to work with the Marine Management Organisation for England, any similar body for Northern Ireland and the Welsh Assembly Government to ensure that the National Marine Objectives set for Scotland operate in sympathy with similar management objectives for these countries. However, by basing the Scottish objectives around the Outcomes for Scottish Seas, which are in turn based on the High Level Marine Objectives agreed by all UK administrations and the requirements of the European Marine Strategy Framework Directive, we believe that there is likely to be considerable congruence between the objectives set for each nation. As already noted, we believe the majority of Marine Ecosystem Standards will be derived from existing targets and indicators, for which monitoring and/or surveillance protocols are already in place or are in the process of being developed. However, these protocols are being developed largely for UK or European reporting levels, and will not necessarily cover a sufficient geographic range to provide assurance that the standards are being met at the appropriate target levels throughout Scottish waters. An early task for Marine Scotland should therefore be to ensure that existing monitoring and surveillance networks are expanded sufficiently to provide the data needed at the Scottish level. All relevant departments, agencies and non-departmental bodies should be required to assist Marine Scotland in reporting on these Standards, and the Scottish Marine Regions should also be asked to report on Marine Ecosystem Standards at the geographic scale relevant to their region. Given the different reporting timescales for the targets and indicators derived from existing commitments, we recommend that a regularly updated website, along the lines of that for HELCOM (see Chapter 5.1 and Table A4.1 in Appendix 4), may be the appropriate way to report on how the Marine Ecosystem Standards are being met, perhaps combined with a three-or five-yearly State of Scotland’s Seas report, as already planned (Baxter el al, 2008). Should any of the Marine Ecosystem Standards be breached, there will be a requirement for the relevant departments, agencies or bodies to take action to restore the minimum requirement set by the Marine Ecosystem Standard. If the breach is localised to a particular area, then the relevant Scottish Marine Region may be the appropriate body to put measures in place to address this problem. We propose that both the Marine Ecosystem Standards and the National Marine Objectives should be reviewed and revised at approximately five-yearly intervals, in the light of experience, new scientific information and progress to date. As progress is made, we would hope that each five-yearly review would set increasingly ambitious targets for the state and use of Scotland’s seas in the period ahead. 56 6.10 Overall assessment of proposed system of Objectives and Standards As part of the process to implement the 1997 Canadian Oceans Act (see Appendix 5), the Dept of Fisheries and Oceans Canada (DFO) sponsored a workshop which set out to define “ecosystem-based management objectives” while simultaneously attempting to identify indicators and reference points to assess progress in achieving these objectives. The executive summary of the workshop proceedings (Jamieson et. al., 2001) states:“At the highest level, conceptual objectives are stated in general terms that are intended to be understandable to a broad audience. At this level, the objectives can be considered as policy statements by a government or organisation. However, they lack the specificity to be operational… Therefore, the conceptual objective needs to be developed further into a more specific, nested objective. If this next objective can be associated with a management action, then it is considered an operational objective. The process of refining conceptual objectives to successively more specific levels until operation objectives are defined is termed ‘unpacking’”. The summary of the Canadian workshop on “ecosystem-based management objectives” (Jamieson et. al., 2001) defined the form that an ‘operational objective’ should take: “An operational objective is one that consists of a verb (e.g. ‘maintain’), a specific biological property or indicator (e.g. biomass), and a reference point (e.g. 50,000 tonnes), which allows an action statement for management (e.g. “maintain biomass of a given forage species greater than 50,000 tonnes”). We propose that the National Marine Objectives should be partly operationalised, as per this definition, in that they should consist of a verb, a specific target, and where possible a reference level. The Marine Ecosystem Standards should state a specific biological (or other) property and reference point, and should be written in such a way that it is clear that, should this reference level be breached, an operational objective will be triggered to return this parameter to within the agreed reference level. The Canadian workshop proposed two broad, overarching general goals for ecosystembased management:• • the sustainability of human usage of environmental resources and the conservation of species and habitats, including those other ecosystem components that many not be utilised by humans. We endorse this strongly as part of the approach to National Marine Objectives for Scotland. In the UK, Rogers et al (2005), proposed a system of Strategic Goals, Ecological Objectives, Operational Objectives, Targets and Indicators. We believe that the system we propose broadly meets these requirements, while being somewhat simpler to understand and report upon. The use of terminology in a hierarchical objective structure is a frequent source of confusion. In broad terms, however, our proposed structure is sufficiently similar to allow a comparison of terms as shown in Table 6.1. 57 Table 6.1: Assessment of proposed Scottish hierarchy of outcomes and objectives, compared against Canadian and UK (Defra) terminology. Canada Defra (Rogers et al) Proposed structure for Scotland Vision Vision HLMO Overarching Goals Strategic Goal Outcomes for Scotland’s Seas Conceptual objectives National Marine Objectives ‘nested components’ Ecological Objective Operational Objectives Operational Objective Indicator Operational Objectives of departments and agencies Target/Limit Marine Ecosystem Standards The overall hierarchical structure which we propose is summarised graphically in Figure 1.1. Our conclusions from the work we have done in carrying out this Scoping Study are summarised on pages 1 to 4. We conclude there that a system of Marine Ecosystem Standards, as a ‘bottom line’ for ensuring the protection of the marine environment around Scotland, plus a rolling programme of National Marine Objectives to improve our management and use of the marine environment, and ensure that this is truly sustainable, provide a suitable structure to deliver the Strategic Vision for Scotland’s Seas. In combination, we suggest that the Marine Ecosystem Standards and National Marine Objectives represent the Marine Ecosystem Objectives referred to in Sustainable Seas for All and in the proposed target in the Scottish Biodiversity Implementation Plan for Marine and Coastal Ecosystems. The remainder of this report covers additional aspects that we were asked to consider in reaching our conclusions – on the availability of data to support achievement of the NMOs and MESs; on aspects of especially Scottish importance that should be taken into account in taking forward the NMOs and MESs; and an assessment of our conclusions against the broader policy commitments of the Scottish government. 7. AVAILABILITY OF DATA TO INFORM SCOTTISH TARGETS AND OBJECTIVES An objectives-based management approach ultimately requires a means by which progress towards achievement of the aims, goals, objectives and targets can be measured. In most hierarchical outcome-led systems, including that proposed in this paper, the process of reporting is very dependent on identifying appropriate components that can either be reliably quantified, or will show a clear direction or trend. The status of these components, whether undesirable or healthy, will almost always be derived from analyses undertaken following dedicated data collecting programmes. In practical terms, many of the measured elements are likely to be those that are already associated with management strategies or initiatives and are thus at the level of existing operational objectives. In the approach adopted for this paper, we have attempted to demonstrate that a comprehensive suite of Scottish marine ecosystem objectives can be developed from the range of currently existing or upcoming obligations and commitments. As 58 a consequence, it is therefore anticipated that the data collection programmes in support of these, either currently in place or under development, will also simultaneously satisfy the reporting requirements for the proposed National Marine Objectives. Important contributing reporting sources are likely to be: • • • • • • • • OSPAR EcoQOs OSPAR Initial List of Threatened and/or Declining Species and Habitats EU Water Framework Directive EU Marine Strategy Framework Directive EU Habitats Directive EU Birds Directive EU Scientific, Technical and Economic Committee for Fisheries (STECF) Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS) Global Ocean Observing Systems Action Group (GOOSAG) United Kingdom Marine Monitoring and Assessment Strategy (UKMMAS) European Environment Agency Streamlining European 2010 Biodiversity Indicators (SEBI 2010) UK Biodiversity Action Plan list (2007) Water Framework Directive ‘red list’ of non-native species • • • • • In addition, a considerable amount of effort in recent years has gone into identifying and developing indicators that (usually in combination with others as part of a package or suite) are designed to provide a measure against which central or local government strategies are to be assessed. Relevant European, UK and Scottish indicator suites are presented in Table 7.1. Table 7.1: European, UK and Scottish indicators relevant to marine ecosystem status reporting. Indicators forming part of a suite, but relating only to terrestrial issues have been omitted. Indicator suite European Biodiversity Indicators17 17 Region EU Indicators • • • • • • • • • • • • • • Species of European interest Ecosystem coverage Habitats of European interest Nationally designated protected areas Sites Sites designated under the EU Habitats and Birds Directives Critical load excedence for nitrogen Invasive alien species in Europe Occurrence of temperature sensitive species Marine Trophic Index of European seas Nutrients in transitional, coastal and marine waters Fisheries: European commercial fish stocks Aquaculture: effluent water quality from finfish farms Financing biodiversity management http://reports.eea.europa.eu/technical_report_2007_11/en/Tech_report_11_2007_SEBI.pdf 59 Indicator suite Region European Headline Indicators18 EU & Pan European Biological and Landscape Diversity Strategy UK Framework Indicators19 UK Measurement of Defra Contribution to Natural Environment Public Service Agreement UK UK Biodiversity Indicators20 UK Indicators • Trends in extent of selected biomes, ecosystems and habitats • Trends in abundance and distribution of selected species • Change in status of threatened and/or protected species • Coverage of protected areas • Area of forest, agricultural, fishery and aquaculture ecosystems under sustainable management • Numbers and costs of invasive alien species • Impact of climate change on biodiversity • Marine trophic index • Water quality in aquatic ecosystems • Funding to biodiversity • Public awareness and participation • Seabird populations • Fish stocks • Active community participation • Environmental equality • Riverine and direct inputs of metals from the UK to marine waters around the UK • Number of fish stocks around the UK at full reproductive capacity and harvested sustainability • Plankton status • • • • • • • • • • • Scottish Biodiversity Indicators21 Scotland • • • • Trends in populations seabirds Status of BAP Priority Habitats Status of BAP Priority Species Extent and condition of protected areas (a) Extent of SACs, SPAs and SSSI/ASSIs; (b) Proportion of features of SACs and SPAs in favourable condition. Proportion of commercially exploited fish stocks around the UK harvested sustainably. Impacts of invasive species (a) Number of invasive alien species; (b) Costs of invasive alien species (proposed) Timing of biological events Marine trophic index (proposed) Public sector environmental protection expenditure on biodiversity in the UK UK Government funding for conservation of global biodiversity Volunteer time spent in conservation and number of people volunteering for conservation activity BAP Priority Habitats BAP Priority species Breeding seabirds Notified species in favourable condition 18 http://www.peblds.org/files/meetings/malahide_04.pdf 19 http://www.defra.gov.uk/sustainable/government/progress/national/framework.htm 20 http://www.jncc.gov.uk/page-4233 21 http://www.scotland.gov.uk/Resource/Doc/202855/0054080.pdf 60 Indicator suite Region Indicators • • • • • • • • • • Notified habitats in favourable condition Otter status Marine plankton Estuarine fish diversity Marine fish stocks within safe limits Invasive non-native species Attitudes to biodiversity Visits to the outdoors Involvement in biodiversity conservation Membership of biodiversity NGOs Moreover, Baxter et al. (2008) identified possible sources of data that might constitute or contribute to indicating progress towards healthy and diverse Scottish seas (Table 7.2). Table 7.2: Summary of data collected that could indicate whether Scotland’s seas are healthy and biologically diverse. (Reproduced from Baxter et al., 2008) Indicators of healthy and biologically diverse seas Data collectors Habitat extent and condition FRS, National Oceanographic Centre (NOC), SAMS, SNH, University of Plymouth Litter Cefas, Local Authorities International Environmental Organisation (KIMO), Marine Conservation Society, Plymouth University, SEPA, Zoological Society of London Sea temperature FRS, ICES, Met Office, SAMS, SEPA Seabed erosion and sediment change SEPA, SNH Species abundance and distribution FRS, SAMS, Sea Mammal Research Unit (SMRU), SNH Species as indicators of change British Trust for Ornithology (BTO), FRS, JNCC, Marine Biological Association (MBA), SAMS, SEPA, SMRU, SNH Species or biological communities as indicators of pollution FRS, SEPA, SMRU, SOTEAG, SNH, University of Aberdeen, Glasgow Caledonian University, University of Stirling In general, there are few indicators that are specifically able to indicate change in ecological elements of the marine environment, reflecting a lack of data sources that are both amenable to robust statistical treatment and extend over an ecologically meaningful time period. At present, reliable long-term marine datasets that indicate ecological status are 61 largely limited to economically valuable fish stocks, plankton species distribution, seabird populations and the status of a few selected protected habitats and species. Even with the benefit of status reporting derived from existing commitments, the ability to establish whether objectives, standards or targets have been achieved will present some difficult challenges, particularly when attempting to demonstrate the maintenance or restoration of biological diversity. Rogers and Greenaway (2005), in a review of marine ecosystem indicators, further emphasises this point, commenting: “The ultimate aim of many of the high level policies is to provide a healthy ecosystem that can sustain human demands on environmental good and services. Unfortunately the current level of understanding of the marine ecosystem is insufficient to derive robust and meaningful measures for the entire ecosystem and it cannot yet develop management approaches that could deliver this higher level of protection.” Moreover, recent assessments of the data requirements for addressing the EMSFD qualitative descriptors, the basis for the majority of the proposed Outcome for Scotland’s Seas, have concluded that: “Large parts of the ecosystem have no systematic coverage which allows good management decisions to be made”, and goes on to conclude that “relatively localised” assessments would be required to achieve the GES descriptor addressing biological diversity (Eldridge and Kennedy, 2008). In the Scottish context, such localised reporting would also contribute to the Scottish Marine Regions’ reporting against Marine Ecosystem Standards. They also indicate that considerable difficulties are similarly likely to be met attempting to satisfy the GES descriptors for other ecological components, such as elements of the marine food web and sea floor integrity, Rogers and Greenaway (2005), amongst many others, have therefore proposed that our efforts to develop indicators and targets could be more usefully directed towards tools that measure the pressures of human activity rather than the state of an ecosystem, stating: “…although it is important to strive for a healthy ecosystem, we can currently only achieve this by managing specific human activities that adversely affect components of the environment. The most important task is therefore to develop the tools needed to contribute to the management of human activities in the marine environment by providing indicators that measure the extent of impact of an activity on part of the ecosystem” Our knowledge of the marine environment is, however, continuously improving and the increased emphasis on structured and co-ordinated data management, through a range of UK and European programmes, should promote a greater ability to quickly identify both the strengths and limitations of our present marine assessment capability. In addition, new initiatives, such as the establishment of Marine Science Scotland will be instrumental in coordinating the activities of marine scientists across Scotland and ensuring that research activities are focused upon policy needs. This should be taken into account, and supported, in the development of the National Marine Objectives. 62 8. ‘SCOTTISH SOLUTIONS TO SCOTTISH PROBLEMS’ 8.1 Unique, special and distinctive Scottish features relevant to targets and objectives The marine environment which surrounds Scotland is utilised for many purposes and influences the lives of a high proportion of Scotland’s population. Human use of the sea and its resources are highly dependant on the maintenance of functioning ecosystems and a healthy, productive and well-managed Scottish marine environment. The development of outcome- or objectives-based management will necessarily require consistency of application and co-operative working where resources, features, activities or other elements are shared or span across borders. There is also, however, a need to establish what is unique, different or distinctive about Scotland’s coastal and marine setting that may initiate additional or alternative considerations in the construction of goals, objectives and targets for Scottish-orientated ecosystem objectives. We have identified the following characteristics which suggest a possible distinctive ‘Scottishness’: Ecosystem related: • • • • • • • Geographic location Sea loch environments Presence of inshore cold-water biogenic reefs Cetacean and seal populations Close proximity to deep-water biological communities Islands and skerries Substantial marine and coastal areas of minimal disturbance Socio-economic related: • • • • • • • • • Abundance of natural marine resources (e.g. kelp, maerl, economically valuable fish and shellfish) Fisheries Aquaculture Potential for wildlife watching and ecotourism Small communities with traditional, cultural and economic associations or affinities to the sea Good potential for renewable resources (wind, tidal, wave) Economic centre for oil and gas exploration and exploitation Well-established marine research institutions High value placed on recreation and amenity Below is a brief commentary on these elements. 63 8.2 Natural features of particular Scottish importance 8.2.1 Geographical location Scotland’s spectacular and diverse assemblage of habitats and species are a consequence of a fortuitous positioning between subpolar and subtropical influences, resulting in a marine environment that is among the most productive in the world. The coexistence of warmer and cooler water influences is a major factor in the creation and maintenance of the variety of biogeographic regions found in Scottish waters. Scotland is at the northern or southern distributional boundary of many habitats and species and the resulting biodiversity is both fragile and vulnerable to environment change. Climate adjustment, in particular, may severely affect the ability of some important species to maintain populations, inevitably resulting in alteration of ecosystem structure. Scotland’s habitats and species may therefore act as a sentinel for early detection of the direction and severity of the effects of climate change. 8.2.2 Sea loch environments Scotland’s Atlantic coastline is highly distinctive in comparison with both the rest of the UK and Europe. The complex fjordic and fjardic landscape forming over a hundred sea lochs is visually iconic and is often used as an image throughout the world to represent the beauty, remoteness and purity of Scotland’s coastal waters. Sea lochs support a great range of habitats and over 1,700 species, often in unusually small areas. These range from exposed or tide-swept communities at the mouth, through tidal rapids and megafauna-dominated mud in the deep basins, to extremely sheltered shore communities or brackish lagoons at the head of some lochs. Sea loch ecosystems are recognised to be rich and often complex, supporting some biological elements that are either rare or unknown elsewhere, or are found in substantially degraded situations at other locations but have flourished undisturbed within sea lochs. Scotland’s sea lochs, for example, sustain internationally important examples of undisturbed maerl beds, horse mussel beds and the very rare reefs constructed by serpulid worms, all of which are especially vulnerable to physical damage by human activities. The seaweed Ascophyllum nodosum ecad mackaii is found almost exclusively on the extremely sheltered shores of Scottish sea lochs. The violent transition from a sheltered, often deep sea loch environment into the exposed Atlantic has promoted a degree of isolation for some of these habitats and species, both from the open sea and from other sea lochs. There is some evidence to suggest that some species may constitute relict populations, isolated over geological time, such as the bivalve mollusc Thyasira gouldi, or have become genetically isolated through lack of contact with other populations. These species with little or no ability to disperse to new locations may be particularly sensitive to climate change. The enclosed nature of sea lochs makes them vulnerable to a number of other pressures and impacts. Many of the seabed communities are of limited distribution and are highly sensitive to physical damage or disturbance. Nevertheless, some targeted fisheries take place in the lochs, including those for scallop and prawns (Nephrops or langoustine), while the sheltered areas may also be used as a bad weather or speculative option for fishing vessels normally operating in open sea. Other vessels, both commercial and recreational use the lochs for a range of activities, raising concerns over issues of increasing disturbance 64 associated with increasing boat traffic and damage caused by unsympathetically deployed anchors and moorings. Limited water exchange in many sealochs, particularly those with lagoonal conditions, or incorporating basins confined by narrow constricted channels, render them vulnerable to a rapid accumulation of anthropogenic contaminants. These contaminants may originate from adjacent land use or directly from the increasing use of the sealochs as a commercial resource, aquaculture being a particularly prominent example (see below). The appealing visual setting of Scottish sealochs inevitably makes loch-side land an attractive location for property development. Pressure for such development, with the associated impacts of services and infrastructure, may increase in future as more people are able to work from home. 8.2.3 Presence of inshore cold-water biogenic reefs Scotland’s inshore waters are particularly rich in reef- and bed-forming species which, in turn, promote increased diversity by providing greater habitat complexity and an associated enhancement in food resources. Some of the finest documented examples of, for example, maerl, horse mussel and flame shell beds are known to occur in Scotland’s sea lochs and constitute habitats of international importance for their density, associated species diversity, extent and apparent undisturbed condition. Scotland is home to two isolated occurrences of biogenic reefs formed by the tubeworm Serpula vermicularis, among only four known examples throughout the rest of the world, the others being in Southern Ireland and Italy. One of the Scottish reefs, found on the shallow sublittoral slopes of Loch Creran, is by far the most extensive of all and, as a feature of a Natura site, is almost certainly the most intensively studied and documented. Cold-water coral reefs formed by Lophelia pertusa have recently been discovered to the east of Mingulay, in the Western Isles. This is the only known example within 12 nm of UK territorial waters and initial studies suggest that they form unusual mound structures, probably of considerable age and in relatively shallow depths. The presence of both the live coral and the associated coral rubble, distributed over a substantial area has promoted the development of a remarkably rich associated faunal community. Biogenic reefs are highly vulnerable to direct physical damage and are therefore very susceptible to fishing activities that involve dredging or trawling. Indiscriminate vessel anchoring or inappropriately placed moorings can also cause substantial damage, In addition, activities which increase sedimentation, such as maintenance or capital dredging, or result in the deposition of organic or other particulate material, such as fish farming, may impair the feeding ability of the reef-building species and in extreme cases will smother and destroy the reef. 8.2.4 Cetacean and seal populations Scotland’s coastal and offshore areas hold considerable significance for marine mammals, with dolphins, porpoises, whales and seals all present in considerable numbers. Of the 23 cetacean species observed in UK waters in the last 25 years, 22 have been seen alive and more than once in Scottish waters, making Scotland possibly one of the most important areas in north-west Europe. Western Scotland, perhaps because of its topographically uneven seabed and rocky, protruding headlands, is particularly favoured by 65 cetaceans, with 21 species recorded within 60 km of the coast since 1980 (source: Seawatch Foundation). Of these, eleven species are known to be either present throughout the year, or are regular seasonal visitors. To the east, the Moray Firth is host to the world’s most northerly population of bottlenose dolphins and the only known ‘resident’ population of the species in the North Sea. Recent findings suggest, however, that there may, in fact, be two loosely associated groups, one of which tends to be more adventurous in its southerly range, although still remaining within Scottish waters. Seals feed, haul out and breed in internationally important numbers all around the Scottish coast. Two species of seal, the grey and the harbour or common seal are present in Scottish waters, with 90% of all UK populations present in Scotland. About 40% of the world population of grey seals is present in Scottish waters and about 28% of the European population of common (harbour) seals (Baxter et al, 2008). Marine mammals may be directly affected by reduced water quality and moderate concentrations of toxic contaminants can sometimes be found in their body tissues. This is thought to be linked to reduced reproductive performance and an elevated susceptibility to disease. Marine litter also constitutes a significant hazard, and injury or death may occur either from ingestion or by entanglement. The naturally high numbers of marine mammals in Scottish waters has resulted in a degree of conflict with some sectors of marine industry. Entanglement in fishing gear presents a substantial threat to marine mammals in general and porpoises and dolphins in particular. From a different perspective, the Scottish fishing industry regularly voices concerns over the population levels of seals which they argue is excessively high and is a contributor to declining fish stocks. Similar concerns also come from the fish farming industry where seal attacks can result in damaged or lost stock. The shooting of seals by fish farmers has resulted in localised disputes with wildlife watching businesses. 8.2.5 Close proximity to deep-water biological communities The relative accessibility of deep water around Scotland was a key factor in the birth of deep sea research. Wyville-Thompson’s pioneering work with deep water dredges between the Faroes and Shetland and his subsequent discovery of deep converging water masses is still stimulating valuable research today. As a result of these ongoing efforts, the Faroe-Shetland Channel is probably the most extensively and systematically studied deep water area in Europe. In some places this deep water lies very close inshore and Inner Sound, between Raasay and the mainland, at 300m is the deepest trench on the British continental shelf. 8.2.6 Islands and skerries Scotland’s complex western and northern coastline is characterised by archipelagos and groups of small islands and skerries. These islands and skerries, in turn, form sounds, channels, races and reefs, of varying levels of exposure, where the wide range of conditions have encouraged the establishment of, often intricate, patchworks of community assemblages and habitats. The variety and abundance of species and biological communities within such small areas is notable for both their complexity and their academic interest. 66 The wide range of exposure conditions and variety of hydrological regimes places these locations firmly at the forefront of possible sites for renewable energy developments, specifically tidal, wave and both onshore and offshore wind turbines. These developments are likely to require careful consideration in the light of nature conservation interests and additional public concerns over visual and navigational effects. Transport connections between island communities is a ongoing issue, notably in the Western Isles, where there has been a history of causeway construction as a means of providing road links between islands. The constriction or obstruction of channels and other changes in the hydrological character of these locations can have serious and far-reaching consequences on the ecological integrity of the area and may have effects for some distance beyond the development itself. 8.2.7 Substantial marine and coastal areas of minimal disturbance Scotland’s low population density, extensive coastline and frequency of locations inaccessible to small seagoing vessels or land vehicles has provided these locations with an unintentional, but valuable degree of protection unusual in the rest of Europe. Coastal habitats throughout the world are under intense pressure from human encroachment and as a result ecosystems unaffected by human disturbance – chemical or physical – are very rare. Substantial areas of Scotland’s marine natural heritage, particularly remote coastal locations, such as may be found in the Northern or Western Isles, are largely free of human influences and may therefore rate as among the most “pristine” of the UK’s, and indeed, Europe’s marine ecosystems. These areas, by their nature, are unlikely to have been explored and scientifically studied and so the character, vulnerability and ecological value of the biological communities remain unknown. As the possibility of human development increases in these areas, so too does the prospect of the inadvertent loss of previously unreported, but important rare or vulnerable species and habitats. 8.3 Economic and social features of particular Scottish importance The features of particularly Scottish significance briefly discussed in this section are those which are dependent on the marine environment as a resource and will consequently have a direct link to ecosystem quality alongside the socio-economic dimension. 8.3.1 Abundance of natural marine resources Scotland’s coastal and adjacent waters are rich in economically valuable fish and shellfish and have supported some of the most intensive fishing effort in the world (see below). Apart from commercial finfish and shellfish resources, Scotland’s productive seas support an exceptional abundance of both plants and animals. Many of these resources have undergone intermittent historical exploitation, e.g. kelp harvesting for alginate and maerl rubble for mortar production, but have largely been superseded by the discovery of alternatives. 67 It seems likely, however, that the wealth of natural productivity, coupled with continuing discoveries of new species, habitats and communities will produce more, as yet, unidentified goods and services. Clearly, the danger of over-exploitation and subsequent resource loss exists for any emerging natural product if the harvesting activity remains unrecognised and unregulated for too long. A mechanism for a comprehensive process of scientific assessment and evaluation of sustainability is likely to be required to rapidly identify the effects of previously unknown marine exploitation activities. 8.3.2 Fisheries The Scottish fishing industry holds an important place in the country’s maritime history and culture. At the end of 2006, there were 2,224 active fishing vessels based in Scotland, and the industry provided 4,109 full-time and 999 irregular jobs and supported the activities of 97 crofters (all statistics from Baxter et al, 2008). The combined value of landings was £369 million, with a £481 million income from processing wild-caught and farmed fish. There are four broad sectors in the Scottish fishing fleet. The pelagic fleet and demersal or whitefish fleet are part of an international industry. There is nothing uniquely Scottish in their nature, and their management is best addressed at a Regional Sea level through the European Union, although they do have a strong economic and cultural significance to ports, particularly on the east coast. The mixed demersal and shellfish fleet, and the pure shellfish fleet, are characteristic of more peripheral regions within the EU, but again are not uniquely Scottish. However, despite its fragility, the inshore fishing fleet makes a proportionately great contribution to the pluralistic, crofting economy of the remotest regions of Scotland, particularly the north-west Highlands and Islands, and that is likely to require special attention by the relevant Scottish Marine Regions. The impact of fisheries on the marine environment is considered in detail by Baxter et al (2008). Potential impacts include the interaction with other species, including by-catch and the impact of discards of unwanted commercial and non-commercial fish and shellfish. Towed fishing gear has a physical impact on seabed features and communities, and the impact may be long-lived in ‘low energy’ environments, such as sheltered sealochs. Sensitive spatial planning should allow many of these impacts to be addressed, and has the potential also to support the industry by helping to protect areas that are especially important for key life stages of commercial species, as well as wider biodiversity. 8.3.3 Aquaculture Aquaculture is a very important industry for rural Scotland, in particular for the west coast and the islands where many communities depend on the employment and revenue it provides. Some 1,500 people are directly employed by the industry and around a further 4,700 work in associated sectors. Scotland is the biggest producer of farmed Atlantic salmon in the European Union (although the industry is now predominantly Norwegian owned) and the third largest in the world, supplying a product valued in excess of £400 million in 2006 (source: Scottish Salmon Producers Organisation), comprising 60% by value of all Scotland’s food exports. Although Atlantic salmon dominates the industry, other fish such as rainbow trout and brown trout are also produced for market. In addition, the UK, and Scotland in particular, has 68 become a world leader in pioneering the culture and farming of fish species that have become commercially scarce in the wild. Farmed Halibut, Arctic charr and cod are now produced for supermarket sale, with steadily increasing production and a possible further addition of haddock in the near future. Scottish salmon farming is presently considered to be the most regulated in the world, but there are continued concerns over the visual impacts on landscape, seabed impacts, the sustainability of salmon feed fish stocks, disease introductions, non-native species introductions, disease transfer to, and the genetic corruption of, wild stocks. Scotland also has a successful and expanding shellfish farming sector producing over 5,000 tonnes a year, mainly mussels and the non-native Pacific oyster, but smaller quantities of native oyster, queen and king scallops are also produced. Shellfish farming is generally considered to be less environmentally damaging than finfish farming, but nevertheless still raises some of the concerns associated with salmon farming. 8.3.4 Wildlife watching and ecotourism Tourism has become one of the world’s fastest growing ‘industries’ and marine tourism now carries a considerable economic value, exceeding that of international fisheries production22. Scotland has one of the longest, most unspoilt and wildlife rich coastlines in Europe, providing a major attraction for UK and international recreational visitors. Tourism, in particular wildlife tourism, has begun to significantly strengthen local economies where declines in traditional industries, such as fisheries and agriculture have occurred. Significant local employment can be generated, both directly in the tourism sector, and in various support and resource management sectors. Scotland can provide a very attractive wildlife watching experience with regular and reliable sightings of various whale, dolphin and porpoise species alongside seals, seabirds, and basking sharks. Wild Scotland estimates the value of the sector has trebled since 2001, with the number of new boat operators increasing by 80% between 2001 and 2004. Recent figures indicate that land and boat-based whale and dolphin watching in the Moray Firth generated £477,000 in direct expenditure and £2.34 million in total per year. In the Highlands, total expenditure associated with marine wildlife was £57.2 million, with £9.3 million as direct spending. A well-managed strategy for sustainable tourism development is likely to result in long-term economic benefits, increasing community involvement, with support for, and preservation of, the environmental resources, i.e. the wildlife itself. Wildlife-dependent businesses may, however, find themselves in conflict with other marine activities. As indicated previously, disputes have already occurred between marine mammal watching operations and fish farm installations. Additional expressions of concern may also be directed towards the offshore wind, wave and tidal generation industry, where issues of visual intrusion, seabed damage and noise pollution will have to be addressed. Poorly managed and inadequately policed wildlife watching and ecotourism operations may themselves lead to excessive disturbance to marine flora and fauna and the promotion of 22 http://www.grida.no/graphic.aspx?f=series/vg-water2/0317-benefits-EN.jpg 69 responsible actions in combination with a sensible and coordinated approach to visitor numbers is a clear ongoing requirement. The provision of expert-led advice and the establishment of best-practice guidance, such as the Scottish “Marine Wildlife Watching Code” and the associated “Guide to Best Practice for Watching Marine Wildlife” are, and will continue to be, essential tools in the development of this industry. 8.3.5 Small communities with traditional, cultural and economic affinities to the sea Small coastal communities, often centred around small sheltered harbours, sea lochs or protected inlets, are a common feature of the Scottish land- and seascape These communities, although less isolated than they were, often still maintain a strong association with a maritime heritage, either through the necessity of boat travel, fish-farming activities, local fisheries or through heritage displays and tourism. These locations can provide focal points for the development and maintenance of community-based initiatives though a strong cultural investment in the desire for a healthy, productive and sustainably managed marine environment. Community-based management, with the appropriate specialist support can, for example, develop a profitable, well-managed and environmentally benign local fishery, such as the Torridon Nephrops creel fishery which is accredited by the Marine Stewardship Council. Pressures to remain competitive, together with aspirations for continued business growth may at times, however, provide strong incentives to depart from accepted environmentallybenign practices and an infrastructure for continued assessment and support may be necessary over the longer term. 8.3.6 Renewable resources As traditional fossil fuels begin to run out or become harder and more expensive to obtain, there is a global rush to develop ways of harnessing renewable sources of energy. Scotland is geographically well-placed to exploit several forms of energy available from the sea and is at the forefront of developing the technology to do so. The extensive Atlantic and North Sea fetch provide good and relatively reliable source of wind and wave power, while an abundance of sounds, channels and tidal narrows, such as those running between islands or at mouths of sea lochs, signal the potential for tidal energy. The close proximity of land provides an additional advantage for the cost effectiveness of installation, maintenance and grid connection. As previously indicated, the placing of renewable energy devices in a marine setting is raising inevitable concerns over the possible effects on marine ecosystems. These concerns include removal or damage of habitats or species by direct physical interaction, effects on tidal flows and exchanges, impacts on visual amenity, the effects of underwater noise, vibration and electromagnetic fields, together with the wider cumulative impacts of the infrastructure required for construction and operation of the devices. 70 8.3.7 Oil and Gas Exploration and Extraction The discovery of oil and gas in UK’s North Sea waters in 1965 has had a considerable impact, with Scotland becoming established as a major power in the industry. An estimated 6% of the total Scottish workforce is presently employed by around 2,000 oil and gas companies. The great majority of the UK's oil production and around half of its gas production, come from fields based in the continental shelf around Scotland. Associated with this is a strong maritime service and technology industry, which is mainly based in, or around, Aberdeen. The requirement for environmental monitoring under both domestic legislation and international agreements has additionally stimulated the establishment of a support industry, with technical capabilities and data collections that have found uses beyond the oil and gas sector. Oil and gas exploration and extraction is necessarily physically destructive to seabed habitats and species and also carries associated risks of environmental contamination. In general, though, this is a mature sector with long-established environmental guidelines and a wealth of supporting research on the effects of the extraction process. 8.3.8 Marine Research Institutions Scotland’s historic association with the sea has inevitably provided a platform from which a strong international reputation in marine research and education has developed and two of the oldest marine research laboratories in the world are in Scotland. The long coastline with variable oceanic influence and relatively easy access to a vast range of different types of bathymetric topography, exposure conditions, habitats, biological communities and species has provided, and continues to provide, academic institutions with endless teaching and research opportunities. Scottish based centres of excellence include the Scottish Association for Marine Science located at Dunstaffnage Marine Laboratory on the shores of the Firth of Lorn; the University Marine Biological Station at Millport, Isle of Cumbrae; the Sea Mammal Research Unit and the Gatty Marine Laboratory at St. Andrews University; Aberdeen University and the Lighthouse Field Station; Glasgow University; Heriot-Watt University; and the Fisheries Research Services. Some of these operate state-of-the art survey vessels and the majority are active in providing commercial consultancy and survey services throughout the world. Between them, these establishments hold, and continue to gather, a wealth of knowledge on the distribution, character and status of Scotland’s natural marine resources. To a large extent the direction of research efforts are dictated by purely academic interests supported by rigid funding schedules. There is, perhaps, an argument for encouraging a range of research activities that specifically support Scotland’s marine objectives and directly benefit the community over both the medium and longer term. 8.3.9 Recreation and Amenity Scotland’s open spaces, varied land- or seascapes, iconic coastal scenery and largely unrestricted access to coastal shores are a considerable socioeconomic resource. Public use and enjoyment of the marine environment, both by the resident population and tourist visitors, are increasing, with a coincident rise in its perceived social value. 71 Participation in marine-related recreational activities continues to grow. Water sports such as scuba diving, angling, surfing, sea kayaking and sailing are extremely popular, partly because of the relatively short travel distances required to arrive at coastal locations suitable for each respective activity. Many areas, particularly the shores and islands of the west and north coasts, offer the possibility of multiple activities, providing opportunities for the development of small businesses. Encouraging greater recreational use and increasing public access promotes increased appreciation of the marine environment, but also brings a greater responsibility to manage and preserve important and vulnerable environmental features. This would clearly require an integrated system for environment-led spatial planning in which the protection of natural heritage assets is balanced against the broader principles of social well-being. 8.4 Correspondence with the Proposed Outcomes for Scottish Seas The identified distinctive Scottish features discussed above were examined in the context of the proposed twenty-five Outcomes for Scottish Seas (OSS) presented in Table 3.5. To achieve this, a tabulated mapping of each of the features was attempted against each of the individual proposed OSSs (Table 8.1), concentrating on the issues briefly discussed in Chapters 8.2.1 – 8.3.9. This process quickly identified a degree of uncertainty and a consequent potential for subjectivity when determining whether an OSS was directly applicable to a specifically Scottish issue or feature. For example, when examining wildlife watching and tourism, it is clear that important elements of this activity must include the educational dimension of “…appreciating the value of the marine environment” (OSS 12) and the business-orientated “Infrastructure is in place to support and promote safe, profitable and efficient marine businesses” (OSS 14). The success of such businesses is also, however, more broadly dependent on other aspirations articulated by several other OSSs, for example the absence of marine litter (OSS 5), uncontaminated seas (OSS 1 and 3,) and perhaps a requirement for integrated coastal zone management (OSS19) combined with plan-led regulation (OSS 20). To reflect this, a two-tier scoring system has been adopted in which the primary applicable OSSs are identified alongside supporting or contributory OSSs. The results of the correspondence assessment (Table 8.1) demonstrate that all of the identified distinctive Scottish features are addressed by one or more OSS at a primary level, and many, perhaps unsurprisingly, are linked to multiple OSSs at both primary and secondary level. Notably, OSS 3 and OSS 17 have few correspondences because they relate to specific elements of commercial use of the sea (contaminants in seafood and populations of commercially exploited fish). The framework we have proposed for National Marine Outcomes, designed to achieve the set of 25 Outcomes from Scotland’s Seas, would therefore appear to be entirely compatible with the particularly Scottish features we have identified, and it should therefore be possible to address these features by drafting specific NMOs, or accommodating them as specific features within broader NMOs. Consideration should be given as to whether one or more Marine Ecosystem Standard might be needed to ensure that the increased sustainable economic growth proposed by the Scottish Government does not damage the very features which make Scotland special. 72 Table 8.1: An assessment of the correspondence between the identified unique, special distinctive Scottish features and the proposed Outcomes for Scotland’s Seas (OSS) (see table 3.5). The larger, emboldened ticks indicate where the OSS is assessed as applying at a strong and specific (primary) level. The smaller fonts indicate where the OSS applies at a level considered to be of a lesser or secondary significance. 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 OSS25 9 9 OSS24 9 9 OSS23 9 OSS22 9 OSS21 Oil and Gas Exploration Marine Research Institutions Recreation and Amenity 9 OSS20 Wildlife watching and ecotourism Small communities with traditional, cultural and economic affinities to the sea Renewable resources 9 9 9 9 9 9 Fisheries OSS19 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 OSS18 Aquaculture 9 OSS17 9 9 OSS16 Marine and coastal areas of minimal disturbance Abundance of natural marine resources 9 9 OSS15 9 9 OSS14 73 Islands and skerries 9 OSS13 9 OSS12 9 9 OSS11 9 OSS10 9 OSS9 9 OSS8 Cold-water biogenic reefs Cetacean and seal populations Proximity to deep-water biological communities OSS7 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 Geographical location OSS6 9 9 OSS5 OSS4 99 OSS3 OSS2 OSS1 Sealoch Environments 9 9 9 9 9 9 9 9 9 9 9. ASSESSMENT OF PROPOSALS AGAINST SCOTTISH POLICY BACKGROUND We were specifically requested to consider how proposals for Marine Ecosystem Objectives would fit within the wider policy framework in Scotland. The main policy background, as already noted, is discussed in Sustainable Seas for All (Scottish Government, 2008a). In 2007, the Scottish Government announced details of its agreed purpose, strategic objectives and national outcomes, and these are reported upon through 45 national indicators on the Scotland Performs website at www.scotland.gov.uk/About/scotPerforms . The purpose is “to focus Government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth”. The background documentation states: “We want to live in a successful Scotland: a healthy, safe, well-educated country, with a vibrant economy and opportunities for all. We want Scotland to be fair, tolerant and green. Put simply, we want a Scotland to be proud of.” If increasing economic growth is to be truly sustainable, then environmental safeguards need to be put in place, and that is the purpose of the Marine Ecosystem Standards which we propose. If Scotland is to be truly green, and we are to provide a land and sea of which Scots can be truly proud, then we must begin to address past mismanagement of our seas, by ensuring this is addressed effectively in the environmental suite of National Marine Objectives. The national purpose is to be taken forward by five strategic objectives. The National Marine Plan and National Marine Objectives must contribute to all five of these, but the specific proposals in this report contribute primarily to the fifth, ‘greener Scotland’ objective: “to improve Scotland’s natural [and built] environment, and the sustainable use and enjoyment of it”, but, by so doing it will also contribute to the ‘wealthier and fairer’ objective, by ensuring that marine businesses do not deplete the natural environmental capital on which they depend; to the ‘safer and stronger’ objective, by helping to ensure a safer environment for coastal communities and a better quality of life for all Scots; and to the ‘healthier’ objective by ensuring that the seas remain clean and safe for people to visit. There is a key role for the ‘smarter’ objective in taking all this forward, because life-long learning will have a vital role in ensuring that we better understand the marine environment and so are able to manage it more sustainably. In terms of the 15 national outcomes, the proposals in this report will contribute most strongly to the outcome which states: “We value and enjoy our built and natural environment and protect it and enhance it for future generations”, but we believe they will also contribute to the outcomes on ‘healthier lives’, ‘sustainable places’, and ‘reducing environmental impact’, while enhancing our ‘national identity’ with the sea, and ensuring that ‘better employment opportunities’ in the marine environment are not at odds with the other national outcomes identified. In terms of wider policy initiatives, the Scottish Planning Policy document, published in October 2008 (Scottish Government, 2008c) is explicit that its focus is on land-use policy, but two of its core principles are relevant also to the present work:• • The constraints and requirements that planning imposes should be necessary and proportionate; There should be a clear focus on the quality of outcomes, with due attention given to considerations of the sustainable use of land [and sea], good design and the protection and enhancement of the built and natural environment. 74 Earlier, in January 2008, these issues were also discussed in National Planning Framework 2: 2008 Discussion Draft (Scottish Government, 2008b). Again, this is essentially terrestrial in its focus, although in its introductory assessment of Scotland, it does state: “Marine resources are vitally important to Scotland, supporting a wide range of economic activities. Our territorial waters extend to nearly 89,000 km2 and support around 40,000 marine species.” With respect to proposals for the marine environment, it states: “The Scottish Government intends to deliver a Marine Bill including amongst other things a system of marine planning to enhance the sustainable use of the marine areas and to ensure that this key asset is maintained in robust health for future generations to use and enjoy.” The proposals contained in the present report are designed to ensure that all uses of marine areas are truly sustainable, and that the marine environment is maintained in robust health for future generations to use and enjoy, so they precisely meet the requirements of the proposed National Planning Framework. As highlighted in section 6.9, if we are to achieve the desired Outcomes for Scotland’s Seas, it is very important that the future marine planning system is informed by National Marine Objectives and underpinned by Marine Ecosystem Standards. The discussion draft goes on to propose twelve elements for a spatial strategy for the period to 2030. Of these elements, the proposals in this report would help to contribute to at least five, as follows: • • • • • support strong, sustainable growth for the benefit of all parts of Scotland; promote development which helps to reduce Scotland’s carbon footprint and facilitates adaptation to climate change; support sustainable growth in the rural economy; conserve and enhance Scotland’s distinctive natural and cultural heritage; expand opportunities for communities and businesses by promoting environmental quality and good connectivity. Although launched under the previous administration, Choosing Our Future (Scottish Executive 2005c) has not been superseded as a sustainable development strategy for Scotland. This sets out to meet within Scotland the common UK sustainable development aim:“to enable all people throughout the world to satisfy their basic needs and enjoy a better quality of life without compromising the quality of life of future generations” The measures proposed in this report to maintain and improve the quality of Scotland’s marine environment are aimed specifically at not compromising the quality of life of future generations who use or rely on the ecosystem services provided by the sea. These proposals furthermore contribute directly to two of the strategic priorities outlined in Choosing Our Future:• • Sustainable consumption and production: achieving more with less. This includes reducing the inefficient use of resources, looking at the impact of products and materials across their whole lifecycle and encouraging people to think about the social and environmental consequences of their purchasing choices. Natural resource protection and environmental enhancement: protecting our natural resources, building a better understanding of environmental limits, and improving the quality of the environment. Indirectly they also contribute to two other strategic priorities:• Climate change and energy: securing a profound change in the way we generate and use energy, and reducing greenhouse gas emissions. 75 • Sustainable communities: creating communities that embody the principles of sustainable development locally. The strategy document states:“Our marine and coastal environments are at potential risk from water-borne pollution and there is evidence of excess pressure on stocks of some fish species, particularly cod, habitat loss and disturbance to the sea-bed and sea life in the seas around Scotland. Action is in hand to address these risks but more work is needed to identify and tackle the cumulative and cross-sectoral impacts of the range of marine-based activity in and around our coasts and seas.” These are key outcomes which the proposed system of National Marine Objectives and Marine Ecosystem Standards are intended to deliver. Choosing Our Future also states: “Economic growth is our top priority – but not at any cost. We must recognise that economic growth and the protection of our world for the future go hand in hand. The challenge is to make economic growth sustainable, breaking the link with environmental damage.” We propose that the system of National Marine Objectives, with an underpinning level of Marine Ecosystem Standards, should do precisely that for the marine environment of Scotland. 76 REFERENCES AGMACS, 2007. Recommendations of the Advisory Group on Marine and Coastal Strategy. Edinburgh: Scottish Executive. 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Edinburgh: Scottish Executive. Scottish Executive, 2005b. Sustainable Development Criteria and the Ecosystem Approach: SSMEI desk study. Edinburgh: Scottish Executive. Scottish Executive, 2005c. Choosing our Future: Scotland’s Sustainable Development Strategy. Edinburgh: Scottish Executive. Scottish Government, 2008a. Sustainable seas for all: a consultation on Scotland's first Marine Bill. Edinburgh: Scottish Government. Scottish Government, 2008b. National Planning Framework 2: 2008 Discussion Draft. Edinburgh: Scottish Government. Scottish Government, 2008c. Scottish Planning Policy. Edinburgh: Scottish Government. 78 Walmsley, J., 2004. Developing objectives and indicators for marine ecosystem-based management. Definition of commonly-used terms. Final report. pp. 23. Dartmouth: DFO. Walmsley, J., Coffen-Smout, S., Hall, T. & Herbert, G., 2007. Development of a Human Use Objectives Framework for Integrated Management of the Eastern Scotian Shelf. Coastal Management, 35(1), 23-50. WSSD 2002a Our Origins to the Future. The Johannesburg Declaration on Sustainable Development. Johannesburg: World Summit on Sustainable Development. WSSD 2002b Johannesburg Plan of Implementation. Johannesburg: World Summit on Sustainable Development. 79 GLOSSARY The authors have sought to explain concepts and terminology as they first occur in the text. This glossary therefore only covers terms which occur several times within the text, without explanation at each occurrence. Contributory Marine Objectives (CMOs): A proposed set of objectives (no longer under development) to guide progress at the UK level towards seas which are ‘clean, healthy, safe, productive and biologically diverse’ (see chapter 4.6 and Appendix 2.4). Defra: The UK Department for the Environment, Food and Rural Affairs. Eastern Scotian Shelf Integrated Management Project: A project within the Canadian Oceans Strategy (see Chapter 5.2 and Appendix 5) Ecological Quality Objectives (ecoQOs): A set of targets, developed through a pilot project of OSPAR (qv), which are intended to be representative of a healthy North Sea (see chapter 4.4). ecosystem: short for ‘ecological system’, meaning the natural interacting living and nonliving system in any area of sea or land (see chapter 3.1) ecosystem based approach: Integrating and managing the range of demands placed on the natural environment in such a way that it can indefinitely support essential services and provide benefits for all (see chapter 3.3 and Table 3.1). ecosystem management: an integrated approach to the management of ecosystems and natural resources that seeks to balance ecological, economic and social goals in a sustainable way (see chapter 3.1). EcoQOs: Ecological Quality Objectives (qv). EMSFD: the European Marine Strategy Framework Directive (see chapter 4.2) European Marine Strategy Framework Directive (EMSFD): The European Union directive, which came into force in July 2008, aimed at achieving Good Environmental Status (qv) for the seas around Europe (see chapter 4.2) Good Environmental Status: The environmental condition of national seas which European Union member states are required to take action to achieve or maintain by the year 2020 under the European Marine Strategy Framework Directive (see chapter 4.2). The ‘descriptors’ required to assess this condition are shown in Table 3.4. High Level Marine Objectives: A set of high-level objectives developed by the UK government and the devolved administrations, proposed in the consultation document The Seas – a shared resource (see chapter 4.6), and consulted upon in Scotland in Sustainable Seas for All. These are shown in Table 3.3. Highly Used Waters: Proposed here as a designation for waters around Scotland which have been highly modified by human activities, and for which Scottish Marine Regions may be allowed to set a lower level of Marine Ecosystem Standards (see chapter 6.2). HELCOM: The Helsinki Convention for the Baltic Sea (see Chapter 5.1 and Appendix 4). 80 Marine Ecosystem Objectives (MEOs): Proposed in Sustainable Seas for All as “a mechanism for setting out what the management of Scotland’s coasts and seas is aiming to achieve; outlining strategic goals for the marine environment, and translating the principles of an ecosystem-based approach into practice” (see chapter 1). They are taken here to encompass National Marine Objectives (qv) and Marine Ecosystem Standards (qv). Marine Ecosystem Standards (MESs): Proposed in this report as a ‘bottom line’ set of targets for Scotland’s seas, which will allow us to ensure that we are managing human activities in a way that is not damaging marine ecosystems and the environmental goods and services they provide for Scotland’s people, and are making progress in restoring past damage where this is necessary (see chapter 1). National Marine Objectives (NMOs): Proposed in Sustainable Seas for All as a set of objectives for the environmental, social and economic conditions of Scotland’s seas, determining the use and the limits of our use of the seas and developed within the context of sustainable economic growth, and reflecting also on international commitments and obligations. This paper (see chapter 1) considers, in particular, the development of environmental objectives within these NMOs. Marine Scotland: The government body responsible for managing the seas around Scotland, which will be established from April 2009 (see chapter 1). Natura network: the network of nature conservation sites, including marine sites, across the European Union established under the EC Habitats and Birds Directives (see chapter 4.3). OSPAR: The Oslo-Paris Convention for the Protection of the Marine Environment of the North-East Atlantic (see chapter 4.4) Outcomes for Scotland’s Seas (OSSs): Proposed in this report as a set of 25 high-level outcomes and objectives for Scotland’s Seas, based on, and integrated from, the High Level Marine Objectives (qv) proposed by the UK and Scottish Governments, and the Descriptors of Good Environmental Status (qv) in the European Marine Strategy Framework Directive. Scottish Marine Regions (SMRs): Bodies proposed in Sustainable Seas for All, which will be established through secondary legislation under the Scottish Marine Bill and given responsibility by Scottish Ministers for delivering marine planning and management at a more localised level within the seas around Scotland. Sustainable Seas for All: The Scottish Government consultation paper outlining proposals for Scotland’s first Marine Bill (Scottish Government, 2008a) UK Marine Monitoring and Assessment Strategy (UKMMAS): A programme set up at the UK level to advise on the monitoring and assessment required to establish whether or not the overall objectives for the seas around the UK are being achieved (see chapter 4.6). 81 APPENDIX 1: INVENTORY OF AIMS, OBJECTIVES, GOALS OR DESCRIPTORS RELEVANT TO THE UK – OBLIGATIONS AND COMMITMENTS This inventory is in two sections. Appendix 1 considers aims, objectives, goals and descriptors extracted from a range of directives or policy initiatives to which the Scottish government either has a legal obligation, or to which it has made a stated commitment (including a range of policy documents produced by the Scottish Government itself). Appendix 2 considers aims, objectives, goals and descriptors in a further range of policy initiatives, which the Scottish Government has supported to varying degrees, but to the outcomes of which it has made no specific commitment, as well as a number of initiatives which have lapsed for various reasons but which still contain aims, objectives, goals or descriptors which might be worthy of consideration in developing the National Marine Plan for Scotland. In each appendix, we have attempted to categorise objectives, or statements that may approximate to objectives, into one of three levels; • High level goals – High-level, strategic and broadly aspirational. • Intermediate level objectives – Objectives targeted to a particular marine and coastal element but without the detail required for operational-level objectives. • Operational level objectives – Statements supporting the achievement of strategic-level objectives which can be practically implemented and associated with management actions. Operational Objectives should be able to be evaluated through some measure of performance. The catalogued ‘objectives’ in this Appendix that have been implemented and to which there is an obligation or stated commitment, arranged from international, through European and UK to Scottish policy instruments, are: • • • • • • • • • • • • • • • • • United Nations Convention on the Law of the Sea – resolutions Bergen Ministerial Declaration EU Habitats Directive EU Birds Directive EU Water Framework Directive European Marine Strategy Framework Directive OSPAR Annex V OSPAR Strategies for the Protection of the Marine Environment of the North-East Atlantic Safeguarding Our Seas UK High Level Marine Objectives Review of Marine Nature Conservation Operational Objectives UK Biodiversity Action Plan23 UK Public Service Agreement Framework Scottish National Marine Objectives Scottish Biodiversity Strategy A Strategic Framework For Scotland's Marine Environment Renewed Strategic Framework for Scottish Aquaculture 23 Note: some specifically dated BAP objectives have expired. A revision of the UK Biodiversity Action Plan is currently underway. 82 The catalogued ‘objectives’ in Appendix 2 to which there is, as yet, no stated commitment from the Scottish Government, or which are of uncertain status, are: • • • North Sea Pilot (OSPAR) Ecological Quality Objectives Scottish Biodiversity Implementation Plan (Marine and Coastal Ecosystems) (currently undergoing Strategic Environmental Assessment before finalisation) Scottish Natural Heritage – Natural Heritage Futures Update The catalogued ‘objectives’ in Appendix 2 that have not been implemented or adopted, or which have been superseded, are: • • • Draft Proposed UK Contributory Marine Objectives Irish Sea Conservation Objectives (Irish Sea Pilot) Scottish Biodiversity Strategy (2003) 83 Objective Descriptions A1.1 United Nations Convention on the Law of the Sea – resolutions Owner/Originator: United Nations: General Assembly Objective Suite Title: UNGA Resolutions Source: United Nations Objective Level: High level goals No. of Stated Objectives: Multiple Status: Adopted by General Assembly, with UK as signatory Details: Broadly speaking, the 1982 United Nations Convention on the Law of the Sea (UNCLOS) commits signatory states (including the UK) to a fundamental obligation to protect and preserve the marine environment. It further urges all states to co-operate on a global and regional basis in formulating rules and standards, and otherwise take measures for the same purpose. One specific measure that followed from UNCLOS was the 1996 Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks, which introduced a range of general resource protection measures for widespread fish species outwith national waters24. These measures are generally broad-brush, and could be said to be achieved by measures already in place, most specifically by the EU Marine Strategy Framework Directive. However, two more recent resolutions contain a number of more specific commitments that come closer to the form of high-level objectives relevant to the current report. Sustainable fisheries (resolution 61/105; 2006) Resolution 61/10525, adopted at the General Assembly’s 61st session in December 2006, related to sustainable fisheries, and includes a number of requirements on signatory states (including the UK) which are relevant to the present work (although largely operative at the EU level). Some of the 108 clauses most relevant to this report are listed below, somewhat edited for brevity (see the resolution for complete wording of the paragraphs, as numbered in parenthesis):• Calls upon all States, directly or through regional fisheries management organizations and arrangements, to apply widely, in accordance with international law…, the precautionary approach and an ecosystem approach to the conservation, management 24 See www.un.org/Depts/los/convention_agreements/convention_historical_perspective.htm 25 See resolution A/RES/61/105 on www.un.org/Depts/dhl/resguide/r61.htm 84 and exploitation of fish stocks, including straddling fish stocks, highly migratory fish stocks and discrete high seas fish stocks… (5); • Encourages States to increase their reliance on scientific advice in developing, adopting and implementing conservation and management measures, and to increase their efforts to promote science for conservation and management measures that apply, in accordance with international law, the precautionary approach and an ecosystem approach to fisheries management, enhancing understanding of ecosystem approaches, in order to ensure the long-term conservation and sustainable use of marine living resources…(6) • Also encourages States to apply the precautionary approach and an ecosystem approach in adopting and implementing conservation and management measures addressing, inter alia, by-catch, pollution, overfishing, and protecting habitats of specific concern, taking into account existing guidelines developed by the Food and Agriculture Organization of the United Nations (7); • Calls upon States to take all measures consistent with international law necessary to prevent, deter and eliminate illegal, unreported and unregulated fishing activities, such as developing measures consistent with national law to prohibit vessels flying their flag from supporting vessels engaging in illegal, unreported and unregulated fishing activities, including those listed by regional fisheries management organizations or arrangements (38); • Calls upon States in accordance with international law to strengthen implementation of or, where they do not exist, adopt comprehensive monitoring, control and surveillance measures and compliance and enforcement schemes individually and within those regional fisheries management organizations or arrangements in which they participate in order to provide an appropriate framework for promoting compliance with agreed conservation and management measures, and further urges enhanced coordination among all relevant States and regional fisheries management organizations and arrangements in these efforts (47); • Urges States, regional and subregional fisheries management organisations and arrangements and other relevant international organizations that have not done so to take action to reduce or eliminate by-catch, catch lost or abandoned gear, fish discards and post-harvest losses, including juvenile fish, consistent with international law and relevant international instruments, including the Code, and in particular to consider measures including, as appropriate, technical measures related to fish size, mesh size or gear, discards, closed seasons and areas and zones reserved for selected fisheries, particularly artisanal fisheries, the establishment of mechanisms for communicating information on areas of high concentration of juvenile fish, taking into account the importance of ensuring confidentiality of such information, and support for studies and research that will reduce or eliminate by-catch of juvenile fish (60); • Encourages States to apply by 2010 the ecosystem approach… (76) • Further encourages States to increase scientific research in accordance with international law on the marine ecosystem (78); • Calls upon States to take action immediately, individually and through regional fisheries management organizations and arrangements, and consistent with the precautionary approach and ecosystem approaches, to sustainably manage fish stocks and protect vulnerable marine ecosystems, including seamounts, hydrothermal vents and cold water corals, from destructive fishing practices, recognizing the immense importance and value of deep sea ecosystems and the biodiversity they contain (80); • Calls upon regional fisheries management organizations or arrangements with the competence to regulate bottom fisheries to adopt and implement measures, in 85 accordance with the precautionary approach, ecosystem approaches and international law, for their respective regulatory areas as a matter of priority, but not later than 31 December 2008 (83): (a) To assess, on the basis of the best available scientific information, whether individual bottom fishing activities would have significant adverse impacts on vulnerable marine ecosystems, and to ensure that if it is assessed that these activities would have significant adverse impacts, they are managed to prevent such impacts, or not authorized to proceed; (b) To identify vulnerable marine ecosystems and determine whether bottom fishing activities would cause significant adverse impacts to such ecosystems and the long-term sustainability of deep sea fish stocks, inter alia, by improving scientific research and data collection and sharing, and through new and exploratory fisheries; (c) In respect of areas where vulnerable marine ecosystems, including seamounts, hydrothermal vents and cold water corals, are known to occur or are likely to occur based on the best available scientific information, to close such areas to bottom fishing and ensure that such activities do not proceed unless conservation and management measures have been established to prevent significant adverse impacts on vulnerable marine ecosystems; Oceans and the law of the sea (resolution 62/215; 2007) At its 62nd session in December 2007, the UN General Assembly adopted a further resolution (no 62/215)26 relating to UNCLOS and the harmonisation of national legislation. Of its 152 clauses, the following seem most relevant to the present work (with paragraph numbers in parenthesis):• Urges all States to cooperate, directly or through competent international bodies, in taking measures to protect and preserve objects of an archaeological and historical nature found at sea, in conformity with the Convention, and calls upon States to work together on such diverse challenges and opportunities as the appropriate relationship between salvage law and scientific management and conservation of underwater cultural heritage, increasing technological abilities to discover and reach underwater sites, looting and growing underwater tourism (7); • Notes the effort made by the United Nations Educational, Scientific and Cultural Organization with respect to the preservation of underwater cultural heritage, and notes in particular the rules annexed to the 2001 Convention on the Protection of the Underwater Cultural Heritage 12 that address the relationship between salvage law and scientific principles of management, conservation and protection of underwater cultural heritage among parties, their nationals and vessels flying their flag (8); • Emphasises once again the importance of the implementation of Part XII of the Convention in order to protect and preserve the marine environment and its living marine resources against pollution and physical degradation, and calls upon all States to cooperate and take measures consistent with the Convention, directly or through competent international organizations, for the protection and preservation of the marine environment (80); 26 Downloadable from http://www.un.org/ga/62/resolutions.shtml . 86 • Encourages States, individually or in collaboration with relevant international organizations and bodies, to enhance their scientific activity to better understand the effects of climate change on the marine environment and marine biodiversity and develop ways and means of adaptation (82); • Urges States to integrate the issue of marine debris into national strategies dealing with waste management in the coastal zone, ports and maritime industries, including recycling, reuse, reduction and disposal, and to encourage the development of appropriate economic incentives to address this issue, including the development of cost recovery systems that provide an incentive to use port reception facilities and discourage ships from discharging marine debris at sea, and encourages States to cooperate regionally and subregionally to develop and implement joint prevention and recovery programmes for marine debris (90); • Reaffirms paragraph 119 of resolution 61/222 regarding ecosystem approaches and oceans, including the proposed elements of an ecosystem approach, means to achieve implementation of an ecosystem approach and requirements for improved application of an ecosystem approach, and in this regard (99): (a) Notes that continued environmental degradation in many parts of the world and increasing competing demands require an urgent response and the setting of priorities for management interventions aimed at conserving ecosystem integrity; (b) Notes that ecosystem approaches to ocean management should be focused on managing human activities in order to maintain and, where needed, restore ecosystem health to sustain goods and environmental services, provide social and economic benefits for food security, sustain livelihoods in support of international development goals, including those contained in the Millennium Declaration, and conserve marine biodiversity; (c) Recalls that States should be guided in the application of ecosystem approaches by a number of existing instruments, in particular the Convention, which sets out the legal framework for all activities in the oceans and seas, and its implementing Agreements, as well as other commitments, such as those contained in the Convention on Biological Diversity and the World Summit on Sustainable Development call for the application of an ecosystem approach by 2010; (d) Encourages States to cooperate and coordinate their efforts and take, individually or jointly, as appropriate, all measures, in conformity with international law, including the Convention and other applicable instruments, to address impacts on marine ecosystems within and beyond areas of national jurisdiction, taking into account the integrity of the ecosystems concerned; • Reaffirms the need for States to continue their efforts to develop and facilitate the use of diverse approaches and tools for conserving and managing vulnerable marine ecosystems, including the possible establishment of marine protected areas, consistent with international law and based on the best scientific information available, and the development of representative networks of any such marine protected areas by 2012 (111); Calls upon States, individually or in collaboration with each other or with relevant international organizations and bodies, to improve understanding and knowledge of the oceans and the deep sea, including, in particular, the extent and vulnerability of deep sea biodiversity and ecosystems, by increasing their marine scientific research activities in accordance with the Convention (121). 87 A1.2 Bergen Ministerial Declaration Owner/Originator: Ministers responsible for the protection of the environment of the North Sea, and member of the European Commission responsible for environmental protection Objective Suite Title: Bergen Declaration Source: 5th International Conference on the Protection of the North Sea Objective Level: High level goals No. of Stated Objectives: Multiple Status: Signed by Michael Meacher, Minister for the Environment, on behalf of the UK Government. Details: The Fifth International Conference on the Protection of the North Sea was held in Bergen, Norway on 20–21 March 2002. At the end, the nine environment ministers present, and the Director of the EC Directorate Generale Environment, all signed the ‘Bergen Declaration’27, a high-level statement of intent on “the need to manage all human activities that affect the North Sea, in a way that conserves biological diversity and ensures sustainable development”. In effect, this was a reaffirmation of many of the principles of the Oslo-Paris Treaty that gave rise to OSPAR, and in particular it endorsed the pilot project to develop ‘EcoQOs’ for the North Sea [see Appendix 2.1], but a number of the general commitments made amongst the 88 clauses of the declaration seem particularly relevant to the work of developing objectives for Scotland’s marine environment:2. The Ministers therefore agree to implement an ecosystem approach by identifying and taking action on influences which are critical to the health of the North Sea ecosystem. In particular, they that management will be guided by the conceptual framework set out in Annex 2, which includes: - the development of general and operational environmental goals; - best use of available scientific and technical knowledge about the structure and function of the ecosystem; - best use of scientific advice; - integrated expert assessment; - coordinated and integrated monitoring; - involvement of all stakeholders; and - policy decisions and control and enforcement. 3. To implement an ecosystem approach in line with this framework the Ministers will: i) develop focused research and information gathering which address the driving forces of North Sea ecosystems variability, including climatic, biological and human factors, 27 Available online at www.ospar.org/html_documents/ospar/html/5nsc2002_bergen_declaration_english.pdf 88 which are critical for maintaining ecosystem structure and function and invite the International Council for the Exploration of the Sea (ICES), Global Ocean Ecosystem Dynamics (GLOBEC) programme and other relevant scientific organizations and programmes to consider the priority science issues from the Scientific Expert Conference in Bergen 20–22 February 2002; ii) recognize the need for shared integrated expert advice and assessments of the North Sea, including marine resources, environmental and socioeconomic factors, and invite OSPAR in cooperation with the EU and ICES to propose how this might be undertaken at periodic intervals involving stakeholders and to take the first steps; iii) develop a strategy for achieving dialogue with all relevant stakeholders for the development and implementation of the ecosystem approach, including through the use of existing national and international forums; iv) improve the coordination, harmonization and efficiency of current national and international monitoring to serve the assessment processes, including building on the OSPAR Joint Assessment and Monitoring Programme and relevant EU monitoring programmes; v) make appropriate policy decisions, including integration of environmental protection into all sectors, implement the corresponding management actions and ensure proper control and enforcement to deliver an ecosystem approach; and vi) make use of ecological quality objectives (EcoQOs) as a tool for setting clear operational environmental objectives directed towards specific management and serving as indicators for the ecosystem health. 4. For delivering an ecosystem approach for the North Sea, the Ministers stress the importance of developing a coherent and integrated set of ecological quality objectives. Therefore they welcome the progress that is being made within OSPAR and ICES to develop operational ecological quality objectives… 6. The Ministers reaffirm the agreement within OSPAR to promote the establishment of a network of marine protected areas to ensure the sustainable use, conservation and protection of marine biological diversity and its ecosystems and note the progress within OSPAR to develop draft guidelines for the identification and selection of marine protected areas1 as well as draft guidelines for their management… 7. The Ministers agree that by 2010 relevant areas of the North Sea will be designated as marine protected areas belonging to a network of well-managed sites, safeguarding threatened and declining species, habitats and ecosystem functions, as well as areas which best represent the range of ecological and other relevant character in the OSPAR area. 11. Taking account of article 8h of the Convention on Biological Diversity (CBD) and ongoing international work in this field, the Ministers agree to take action, as far as possible and as appropriate, to reduce the risk and minimise adverse effects on ecosystems, habitats or naturally occurring species arising from the introduction or release of non-indigenous species, including: i) in the case of intentional introductions to develop and implement, where necessary, systems of approval based on the precautionary principle and environmental impact assessments to ensure confinement of potentially invasive non-indigenous organisms and associated biota, taking account of the ICES Code of Practice on Introductions and Transfers of Marine Organisms; and ii) in the case of unintentional introductions, to take action at the earliest possible stage with the aim of preventing the firm establishment of the introduced species. 89 13. The Ministers are concerned by the fact that the majority of the commercially important fish stocks in the North Sea are outside 'safe biological limits' 2. The Ministers are also concerned about the fact that some non-target species and the physical environment are also threatened from excessive fishing pressure. This may put populations and habitats in danger, reduce biodiversity and affect the productivity of ecosystem. 16. In order to rebuild fish stocks, the competent authorities are invited: i) to establish Total Allowable Catch (TAC) levels consistent with scientific catch recommendations based on the precautionary principle; ii) to use their best endeavour to restore and keep stocks above the level of the precautionary reference points (Bpa) as soon as possible; and iii) to extend the TAC regime and other management measures to species which are unregulated at present, and improve the existing regimes for stocks extending beyond the North Sea. 19. The Ministers agree that fisheries policies and management should move towards the incorporation of ecosystem considerations in a holistic, multiannual and strategic context. While the transition towards a full ecosystem approach to fisheries management should be progressive and concomitant with the enhancement of scientific knowledge, the Ministers are convinced that the current state of scientific knowledge, coupled with a sound application of the precautionary principle, allows the immediate setting of certain environmental protection measures. 20. The Ministers invite the competent authorities to give high priority to research and studies allowing a better understanding of the structure and functioning of marine ecosystems and contributing to the operational application of an ecosystem approach to fisheries management. 73. The Ministers express their concern about the fact that, despite the wide range of measures taken in recent years, marine litter is still causing environmental, safety and economic problems to marine and coastal environments, as well as to coastal communities in the North Sea States. 74. The Ministers agree that litter can only be addressed by efforts from all sectors of society. The Ministers therefore: i) emphasise the importance of the role of the voluntary sector, particularly in mounting clean-up campaigns, information activities and educational projects (such as Beachwatch, Coastwatch and Adopt-a-beach), and welcome their contribution; ii) in relation to litter from land-based sources, such as tourism/recreation, sewage, and waste landfills, invite organizations concerned with promoting tourism, managing waste disposal and encouraging the public not to create litter to review their programmes to see if there are further projects which could be developed to reduce marine litter by changing public attitudes; iii) note with interest the project conducted in cooperation between a number of Dutch fishermen and Dutch authorities under which litter caught in trawls is brought back to port where it can be unloaded free of charge for safe disposal, and draw the attention of the relevant authorities in other North Sea States to this fruitful cooperation as a possible model for wider cooperation in this field; iv) commit themselves to giving priority, within their national programmes to combat litter, to projects that effectively address the problems of marine litter (such as the Save the North Sea Project) and, where appropriate, to supporting them within the framework of the EU INTERREG IIIB North Sea initiative; and 90 v) in relation to litter from the maritime transport sector and offshore installations, invite the operators to review the provisions of their environmental management systems to see how they can better control litter. 76. The Ministers are aware of the potential conflicts between the requirements for conservation and restoration of the marine environment and the different human activities in the North Sea. The cumulative effects of the uses of the sea and seabed on the ecosystems and their biodiversity are of increasing concern to the North Sea States, in particular in relation to the conservation of the Natura 2000 network and other areas of ecological significance. In order to prevent and resolve the potential problems created by such conflicts, the Ministers agree that the strengthening of cooperation in the spatial planning processes of the North Sea States related to the marine environment will be required. A1.3 EU Habitats Directive Owner/Originator: EU Objective Suite Title: Measures in order to protect habitats and species. Source: European Union (1992) Objective Level: High level goals No. of Stated Objectives: 10 objectives under 3 Articles Status: Implemented Details: Article 2 1. The aim of this Directive shall be to contribute towards ensuring bio-diversity through the conservation of natural habitats and of wild fauna and flora in the European territory of the Member States to which the Treaty applies. 2. Measures taken pursuant to this Directive shall be designed to maintain or restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Community interest. 3. Measures taken pursuant to this Directive shall take account of economic, social and cultural requirements and regional and local characteristics. Article 3 1. A coherent European ecological network of Special Areas of Conservation shall be set up under the title Natura 2000. This network, composed of sites hosting the natural habitat types listed in Annex I and habitats of the species listed in Annex II, shall enable the natural habitat types and the species' habitats concerned to be maintained or, where appropriate, restored at a favourable conservation status in their natural range. 91 The Natura 2000 network shall include the special protection areas classified by the Member States pursuant to Directive 79/409/EEC. 2. Each Member State shall contribute to the creation of Natura 2000 in proportion to the representation within its territory of the natural habitat types and the habitats of species referred to in paragraph 1. To that effect each Member State shall designate, in accordance with Article 4, sites as special areas of conservation taking account of the objectives set out in paragraph 1. 3. Where they consider it necessary, Member States shall endeavour to improve the ecological coherence of Natura 2000 by maintaining, and where appropriate developing, features of the landscape which are of major importance for wild fauna and flora, as referred to in Article 10. Article 6 1. For special areas of conservation, Member States shall establish the necessary conservation measures involving, if need be, appropriate management plans….and appropriate statutory, administrative or contractual measures which correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex II present on the sites. 2. Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive. 3. Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives. A1.4 EU Birds Directive Owner/Originator: EU Objective Suite Title: Measures in order to protect all bird species, their sites and their habitats. Source: http://www.birdlife.org/action/awareness/eu_birds_directive/ what.html Objective Level: High level goals No. of Stated Objectives: 7 Status: Implemented Details: Together the Birds and Habitats Directives require the 25 EU Member States to take a number of measures in order to protect all bird species, their sites and their habitats: 92 They require Member States to: • Take measures to conserve all naturally occurring bird species across the EU • Classify as Special Protection Areas (SPAs) the most suitable territories for species listed on Annex I of the Directive and migratory species28 • Maintain SPAs in Favourable Conservation Status • Prepare and implement management plans, setting clear conservation objectives for all SPAs in the EU 25 • Provide co-financing for the management of these protected sites (SPAs) • Regulate the hunting of certain species of birds listed in Annex II of the Birds Directive • Follow the procedure outlined in Article 6 of the Habitats Directive for carrying out appropriate assessments of environmental impacts on SPAs. A1.5 EU Water Framework Directive Owner/Originator: European Union Objective Suite Title: Water Framework Directive Objectives Source: European Union (2005); www.scotland.gov.uk/Topics/Environment/Water/17316/8084 Objective Level: Intermediate level objectives No. of Stated Objectives: Status: Undergoing implementation Details: The basic objectives to be achieved as set out in Article 4(1) of WFD Directive 2000/60/EC can be summarised as follows: • prevent deterioration in the status of surface water bodies; • protect, enhance and restore all bodies of surface water with the aim of achieving good surface water status (i.e. good ecological status or potential and good chemical status) by 2015; 28 Special Protection Areas (SPAs) are classified under article 4 of the Birds Directive. Together with the Special Areas of Conservation (SACs) designated under article 4 of the Habitats Directive they make up the Natura 2000 Network. 93 • prevent deterioration of the status of groundwater bodies; • protect, enhance and restore all bodies of groundwater with the aim of achieving good groundwater status (i.e. good chemical and good quantitative status) by 2015; • prevent or limit the input of pollutants to groundwater and reverse any significant and sustained upward trend in the concentration of pollutants in groundwater; • comply with European wide measures against priority and priority hazardous substances; and • achieve compliance with any relevant standards and objectives for protected areas These requirement apply not just to freshwaters (surface and ground waters) but also to transitional waters, which are defined as “bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows”, and also to coastal water, defined as “surface water on the landward side of a line, every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters”. In Scotland, the Scottish Parliament chose to extend this coastal zone out to 3 nautical miles. The Directive includes an exemption to certain clauses for “heavily modified” water bodies, which are defined as a body of surface water which as a result of physical alterations by human activity is substantially changed in character, as designated by the Member State in accordance with the provisions of Annex II of the Directive. The Directive also established a European 'priority list' of substances posing a threat to or via the aquatic environment. There are currently 33 substances on this priority list, which was agreed in 2001 (Decision 2455/2001/EC), and the list will be reviewed on a regular basis. These substances are referred to as 'priority substances', and those which are thought to pose the greatest threat are further identified as 'priority hazardous substances'. The objectives of the Water Framework Directive include the aim to achieve 'good chemical status' for surface water bodies by 2015. A body would obtain ‘good chemical status’ if it met all of the environmental quality standards for priority substances and certain other pollutants. Further Water Framework Directive obligations are aimed at: • • the progressive reduction of discharges, emissions and losses of priority substances to surface water bodies and the cessation or phasing-out of discharges, emissions and losses of priority hazardous substances to surface water bodies. 94 A1.6 European Marine Strategy Framework Directive Owner/Originator: European Union Objective Suite Title: Qualitative descriptors for determining good environmental status Source: European Union (2008) Objective Level: High level goals No. of Stated Objectives: 11 Status: Undergoing definition before implementation Details: See Table 3.4 for a list of the 11 proposed qualitative descriptors. A1.7 OSPAR Annex V Owner/Originator: OSPAR Objective Suite Title: OSPAR Annex V Source: OSPAR Objective Level: High level goals No. of Stated Objectives: 5 objectives (5 ‘sub-objectives’) Status: Being implemented Details: Article 2 In fulfilling their obligation under the Convention to take, individually and jointly, the necessary measures to protect the maritime area against the adverse effects of human activities so as to safeguard human health and to conserve marine ecosystems and, when practicable, restore marine areas which have been adversely affected, as well as their obligation under the Convention on Biological Diversity of 5 June 1992 to develop strategies, 95 plans or programmes for the conservation and sustainable use of biological diversity, Contracting Parties shall: a. take the necessary measures to protect and conserve the ecosystems and the biological diversity of the maritime area, and to restore, where practicable, marine areas which have been adversely affected; and b. cooperate in adopting programmes and measures for those purposes for the control of the human activities identified by the application of the criteria in Appendix 3. Article 3 1. For the purposes of this Annex, it shall inter alia be the duty of the Commission: a. to draw up programmes and measures for the control of the human activities identified by the application of the criteria in Appendix 3; b. in doing so: i. ii. iii. iv. to collect and review information on such activities and their effects on ecosystems and biological diversity; to develop means, consistent with international law, for instituting protective, conservation, restorative or precautionary measures related to specific areas or sites or related to particular species or habitats; subject to Article 4 of this Annex, to consider aspects of national strategies and guidelines on the sustainable use of components of biological diversity of the maritime area as they affect the various regions and sub-regions of that area; subject to Article 4 of this Annex, to aim for the application of an integrated ecosystem approach. c. also in doing so, to take account of programmes and measures adopted by Contracting Parties for the protection and conservation of ecosystems within waters under their sovereignty or jurisdiction. A1.8 OSPAR Strategies for the Protection of the Marine Environment of the NorthEast Atlantic Owner/Originator: OSPAR Objective Suite Title: 2003 Strategies of the OSPAR Commission for the Protection of the Marine Environment of the North-East Atlantic Source: OSPAR Commission (2003) Objective Level: Intermediate level objectives No. of Stated Objectives: 5 objectives Status: Being implemented 96 Details: Strategy Title Biological diversity ecosystems and Eutrophication Hazardous substances Objective To protect and conserve the ecosystems and the biological diversity of the maritime area which are, or could be, affected as a result of human activities, and to restore, where practicable, marine areas which have been adversely affected, in accordance with the provisions of the OSPAR Convention, including Annex V and Appendix 3. To combat eutrophication in the OSPAR maritime area, in order to achieve and maintain a healthy marine environment where eutrophication does not occur. The objective of the Commission with regard to hazardous substances is to prevent pollution of the maritime area by continuously reducing discharges, emissions and losses of hazardous substances, with the ultimate aim of achieving concentrations in the marine environment near background values for naturally occurring substances and close to zero for man-made synthetic substances. "Hazardous substances" are defined as substances which fall into one of the following categories: (i) substances or groups of substances that are toxic, persistent and liable to bioaccumulate; Offshore industry oil and gas (ii) other substances or groups of substances which are assessed by the Commission as requiring a similar approach as substances referred to in (i), even if they do not meet all the criteria for toxicity, persistence and bioaccumulation, but which give rise to an equivalent level of concern. This category will include both substances which work synergistically with other substances to generate such concern, and also substances which do not themselves justify inclusion but which degrade or transform into substances referred to in (i) or substances which require a similar approach. The objective of the Commission with regard to the setting of environmental goals for the offshore oil and gas industry and the establishment of improved management mechanisms to achieve them is to prevent and eliminate pollution and take the necessary measures to protect the maritime area against the adverse effects of offshore activities so as to safeguard human health and to conserve marine ecosystems and, when practicable, restore marine areas which have been adversely affected. Offshore activities are defined in the OSPAR Convention as: Radioactive substances “activities carried out in the maritime area for the purposes of the exploration, appraisal or exploitation of liquid and gaseous hydrocarbons.” To prevent pollution of the maritime area from ionising radiation through progressive and substantial reductions of discharges, emissions and losses of radioactive substances, with the ultimate aim of concentrations in the environment near background values for naturally occurring radioactive substances and close to zero for artificial radioactive substances. In achieving this objective, the following issues should, inter alia, be taken into account: a. legitimate uses of the sea; b. technical feasibility; c. radiological impacts on man and biota. 97 A1.9 Safeguarding Our Seas Owner/Originator: UK Government Objective Suite Title: Safeguarding Our Seas Core Principles Source: DEFRA (2001) Objective Level: High level goals No. of Stated Objectives: 5 objectives Status: Undergoing implementation Details: “The intention is to promote a generic ecosystems approach that can be applied in a wide range of policy areas and decision-making contexts, based on a number of core principles: • taking a more holistic approach to policy-making and delivery, with the focus on maintaining healthy ecosystems and ecosystem services • ensuring that the value of ecosystem services is fully reflected in decision-making • ensuring environmental limits are respected in the context of sustainable development, taking into account ecosystem functioning • taking decisions at the appropriate spatial scale while recognising the cumulative impacts of decisions • promoting adaptive management of the natural environment to respond to changing pressures, including climate change.” A1.10 UK High Level Marine Objectives Owner/Originator: Defra/UK Government and devolved administrations Objective Suite Title: High Level Marine Objectives Source: DEFRA (2008b) Objective Level: High level goals No. of Stated Objectives: 22 objectives, grouped development principles Status: Out to consultation (closed 30 September 2008); the Scottish Government is ‘minded to adopt’. 1 under five sustainable The UK High Level Marine Objectives were revised following consultation, after the completion of this report. The final version is available at http://www.defra.gov.uk/marine/pdf/environment/ourseas2009update.pdf. 98 These are discussed fully in Chapters 3 and 6 of this report. Details: Achieving a sustainable marine economy • Infrastructure is in place to support and promote safe, profitable and efficient marine businesses. • Long-term wealth is generated by the responsible use of the marine environment and its resources. • Marine businesses are taking long-term strategic decisions and managing risks effectively. They are competitive and operating efficiently. • Marine businesses are acting in a way which respects environmental limits and is socially responsible. This is rewarded in the marketplace. Ensuring a strong, healthy and just society • People appreciate the value of the marine environment, its natural and cultural heritage and its resources and act responsibly. • The use of the marine environment is benefiting society as a whole, contributing to resilient and cohesive communities. • The coast, seas, oceans and their resources are safe to use. • The marine environment plays an important role in mitigating climate change. • There is equitable access for those who want to use the coast, seas and their wide range of resources and assets. • Use of the marine environment will recognise, and integrate with, defence priorities, including the strengthening of international peace and stability and the defence of the United Kingdom and its interests. Living within environmental limits • Biodiversity is protected, conserved and recovered where appropriate. • Healthy marine habitats occur across their natural range and are able to support strong, biodiverse biological communities and the functioning of healthy, resilient and adaptable marine ecosystems. • Our oceans support viable populations of rare, vulnerable, and valued species. • The loss of biodiversity has been halted. Promoting good governance • All those who have a stake in the marine environment have an input into associated decision-making. • Marine and coastal management mechanisms are responsive and work effectively together, for example through integrated coastal zone management. 99 • Marine management in the UK takes account of different management systems that are in place because of administrative or political boundaries. • Marine businesses are subject to clear, timely, proportionate and plan-led regulation. • The use of the marine environment is spatially planned and based on an ecosystems approach which takes account of climate change and recognises the protection needs of individual historic assets. Using sound science responsibly • Our understanding of the marine environment continues to develop through new scientific research and data collection. • Sound evidence and monitoring underpins effective marine management and policy development. • The precautionary principle is applied consistently in accordance with Government’s sustainable development policy. A1.11 Review of Marine Nature Conservation Operational Objectives Owner/Originator: DEFRA Objective Suite Title: RMNC Examples of operational conservation objectives Source: DEFRA (2004) Objective Level: High level goals, Intermediate level objectives and Operational objectives No. of Objectives: Stated 10 ‘High Level Objectives’, 38 Operation Objectives Status: Under consideration Details: Strategic Goal 1: To halt the deterioration in the state of the UK's marine biodiversity and promote recovery where practical. High Level Objectives 1. Maintain habitats/ communities within bounds of natural variability Ecosystem Components (illustrative) Trophic level balance • effective number of species within each trophic level • abundance of keystone species 100 Operational Conservation Objectives 1.1 Protect the trophic level balance from significant changes due to human activity. High Level Objectives Ecosystem Components (illustrative) Habitat complexity • overall number of habitats/communities Areas identified as being the ‘best representative examples’ of the range of marine landscapes, water body features, habitats and species. Rare and sensitive habitats Habitats which are threatened by decline or have declined 1.2 Prevent a significant decline in the habitat complexity of marine ecosystems due to human activity. 1.3 Maintain the ‘best representative examples’ in, or recover them to, as close to their natural state as practicable. 1.4 Protect rare and sensitive habitats from decline due to human activity. 1.5 Protect threatened habitats from decline due to human activity. 1.6 Enable habitats which have declined to recover to a nonthreatened state, where practicable. 1.7 Prevent the introduction of nonnative species that may adversely impact the marine environment. Non-native species 2. Maintain species within bounds of natural variability Operational Conservation Objectives Overall diversity of species Important areas for highly mobile and migratory species spawning/breeding • nursery • calving • feeding • nesting • migration bottlenecks Species which are threatened by decline or have declined 1.8 Reduce impacts of existing nonnative species to below levels which risk affecting the marine ecosystem, where practicable. 2.1 Prevent significant changes in the overall species diversity of marine landscapes and water bodies due to human activity. 2.2 Protect the important areas for aggregations of mobile species (e.g. spawning/ breeding, nursery, calving, feeding or nesting areas, and migration bottlenecks. 2.3 Safeguard species which are threatened by decline due to human activity. 2.4 Promote the recovery of species which have declined, to a nonthreatened state, where practicable. 101 High Level Objectives 3. Maintain populations within bounds of natural variability Ecosystem Components (illustrative) Structure among populations • metapopulation structure • distribution • habitat availability Structure within populations • population size • distribution • habitat availability • age structure Populations at risk Genetic diversity populations among Genetic diversity populations within Operational Conservation Objectives 3.1 Protect the structure among populations from significant change due to human activity. 3.2 Protect the structure within populations from significant change due to human activity. 3.3 Protect populations defined to be at risk and recover them to non-at risk state, where practicable. 3.5 Protect the genetic diversity among populations from significant change due to human activity. 3.6 Protect the genetic diversity within populations from significant change due to human activity. Strategic Goal 2: To further the conversation of the features of the marine ecosystem High level objective Ecosystem components (illustrative) Operational conservation objectives 1. Maintain primary production within bounds of natural variability Trophic status • nutrient concentrations • water clarity • cOSSrophyll A • concentration Trophic complexity • number of trophic levels • biomass at each trophic level Habitat availability: • pelagic habitats • benthic habitats • nursery areas • spawning areas • migration pathways Predator-prey relationships • predator-induced mortality rates on prey populations • biomass of key dependent predators: • commercially exploited fish/shellfish • non-target fish species • benthic animals • birds • marine mammals 1.1 Ensure compliance with precautionary standards which aim to avoid ‘undesirable disturbance’ of trophic status 2. Maintain trophic structure so that individual species and stages can sustain their characteristic roles in the food web 102 2.1 Ensure harvest of all species at a specified trophic level is below precautionary limits. 2.2 To protect the extent and function of habitats, areas and pathways from significant decline due to human activities. 2.3 Reduce direct and indirect impacts upon prey populations to below levels at which their populations may be affected. 2.4 Reduce direct and indirect impacts upon key dependent predators to below levels at which their populations may be significantly affected. High level objective 3. Maintain mean generation times of populations within bounds of natural variability Ecosystem components (illustrative) Longevity • survivorship curves • mortality rate Trophic complexity • number of trophic levels • biomass at each trophic level Reproductive potential • fecundity • spawning stock biomass Operational conservation objectives 3.1 Protect populations from changes in longevity which may have a significant impact upon the marine ecosystem,due to human activity. 3.2 Protect populations from changes in life history strategy which may have a significant impact upon the marine ecosystem, due to human activity. 3.3 Enable the spawning stock biomass of commercially exploited fish/shellfish to recover to within safe biological limits 3.4 Increase the spawning stock biomass of commercially exploited fish/shellfish stocks further, to within limits defined for an ecologically sustainable fishery, where this is possible. 3.5 Reduce fishing mortality of Commercially exploited fish/shellfish stocks to within safe biological limits Fishing mortality 3.6 Reduce fishing mortality of commercially-exploited fish/shellfish stocks further, to within limits defined for an ecologically-sustainable fishery, where this is possible. Strategic Goal 3: To maintain the water quality, natural processes and structure of the marine environment High level objective 1. Protect seabed features so that they can support the processes, habitats and species characteristic of the marine landscapes. Ecosystem components (illustrative) Coastal morphology • coastal processes Seabed habitats • substratum type • particle size composition topography • substratum structure • siltation • physical processes • chemical processes 103 Operational conservation objectives 1.1 Protect coastal processes from ecologically-significant change due to human activity, and reverse such change where practicable. 1.2 Protect seabed habitats from ecologically-significant change due to human activity, and reverse such change where practicable. High level objective 2. To protect water column features so that they can support the processes, habitats and species characteristic of the waterbodies. 3. Protect the water quality of the component water column features so they can support the processes, habitats and species characteristic of the water column and associated seabed habitats. Ecosystem components (illustrative) Operational conservation objectives Biogenic structures • Saltmarshes • eelgrass beds • Sabellaria spp reefs • Modiolus reefs Water column features • Tides, waves, fetch, currents Fronts • Stratification • Temporal changes • Freshwater inputs • Salinity • Suspended solids • Turbidity 1.3 Protect biogenic structures from ecologically-significant change due to human activity, and reverse such change where practicable. Water quality 2.1 Protect the water column features from ecologically-significant change due to human activity, and reverse such change where practicable. 3.1 Maintain or recover water quality to within defined standards which aim to prevent ‘undesirable disturbance’ caused by eutrophication. • Chemical conditions • Nutrients • Dissolved gases Chemical pollutants 3.2 Ensure that environmental standards are not exceeded. • Contaminants • Organic compounds • Radioactive elements Oil • Chronic • Acute 3.3 Ensure that environmental standards are not exceeded. 3.4 Reduce the input of oil from accidents, as far as practicable. 3.5 Maintain noise and vibration levels below precautionary standards aimed at protecting vulnerable marine species from disturbance. Noise and vibration Marine litter 3.6 Reduce input of litter to the marine environment to below levels aimed at protecting vulnerable marine habitats and species. 104 High level objective 4. Maintain quality biota Ecosystem components (illustrative) Contaminants Operational conservation objectives 4.1 Ensure standards for contaminants in biota are not exceeded. • Contaminant loads • Bioaccumulations • Health of animals A1.12 UK Biodiversity Action Plan Owner/Originator: UK Government Objective Suite Title: UK Biodiversity Action Plans Source: U.K. Biodiversity Group (1999) Objective Level: Operational objectives No. of Stated Objectives: 47 habitat, 7 broad habitat, 56 species Status: Undergoing implementation Details: The objectives given below are those stated for the first list of BAP species and habitat, and some of the specific target dates have since expired. Only those habitats and species known to occur in Scotland and within the range up to high tide level, but including brackish water and lagoonal elements, are listed here. For each of the habit and species action plans stated objectives were originally given under a section entitled “Action plan objectives and targets”. For the broad habitat plans, statements (and associated suggested measures) that equated to objectives were provided under a section called “Conservation direction”. Habitats Habitat Coastal saltmarsh Coastal sand dunes Objective 1. There should be no further net loss (currently estimated at 100 ha/year) of coastal saltmarsh. This will involve the creation of 100 ha/year during the period of this plan. 2. Create a further 40 ha of saltmarsh in each year of the plan to replace the 600 ha lost between 1992 and 1998, based on current estimates. 3. Maintain the quality of the existing resource in terms of community and species diversity. 4. Where necessary, restore the nature conservation interest through appropriate management. It will be desirable for some managed realignment sites to develop the full range of saltmarsh zonation. 1. Protect the existing sand dune resource of about 54,500 ha from 105 Habitat Coastal shingle vegetated Maerl beds Modiolus modiolus beds Lophelia pertusa reef Mud habitats in deep water Mudflats Sabellaria reefs alveolata Objective further losses to anthropogenic factors, whether caused directly or indirectly (eg by sea defence schemes affecting coastal processes). 2. Offset the expected net losses due to natural causes of about 2% of the dune habitat resource over 20 years by encouraging new dunes to accrete and where possible by allowing mobile dune systems to move inland. 3. Seek opportunities for restoration of sand dune habitat lost to forestry, agriculture or other human uses. A target figure of up to 1000 ha to be reinstated by 2010 (to be reviewed as a result of the inventory proposed in 5.5.1) is suggested. 4. Encourage natural movement and development of dune systems, and control natural succession to scrub and woodland where necessary. 5. Maintain dune grassland, heath and lichen communities on the majority of dune systems. 6. Create Atlantic dune woodland on five carefully selected sites. 1. Prevent further net loss of existing vegetated shingle structures totalling about 5800 ha. (However local gains and losses due to storm events occur sporadically and should be accepted provided that the national and regional resources are maintained overall.) 2. Prevent, where possible, further exploitation of, or damage to, existing vegetated shingle sites through human activities. 3. Maintain the quality of existing plant and invertebrate communities which are currently in favourable condition. 4. Achieve the restoration, where possible, of degraded or damaged habitats of shingle structures, including landward transitions, where such damage has been extensive and natural recovery is not likely to be initiated, by 2010 1. Maintain the geographical range of maerl beds and associated plant and animal communities in the UK subject to best available information. 2. Maintain the variety and quality of maerl beds and associated plant and animal communities in the UK subject to best available information. 1. Maintain the extent and distribution of M. modiolus beds in UK waters. 2. Maintain the quality of M. modiolus beds in UK waters. 1. Protect the distribution and status of the L. pertusa pseudo- colonies and reefs within the UK territorial sea and the 200 mile UK waters. 2. Enhance the density and community richness of the L. pertusa pseudo- colonies and reefs within the UK territorial sea and the 200 mile UK waters. Protect a representative range of 8 to 10 sites, illustrating typical mud biotopes in deep water, by 2009. 1. Maintain at least the present extent and regional distribution of the UK's mudflats. 2. This target will require compensating predicted losses to development by the restoration of mudflats. Whilst this may not be possible in the same location, it should be within the same littoral sediment cell. 3. Create and restore enough intertidal area over the next 50 years to offset predicted losses to rising sea level in the same period. 4. Predicted losses in the next 15 years should be offset in the next 10 years. 5. Restore estuarine water quality to ensure that existing mudflats fulfil their important ecological and conservation role. 1. Maintain the extent of S. alveolata reef habitats. 2. Maintain the quality of S. alveolata reef habitats. 3. Within 15 years, attempt to re-establish S. alveolata reefs in five areas where they were formerly present. 106 Habitat Sabellaria reefs Objective spinulosa Saline lagoons Seagrass beds Serpulid reefs Sheltered muddy gravels Sublittoral gravels sands and Tidal rapids 1. By 2004 maintain the extent and distribution of existing S. spinulosa reefs in the UK. 2. By 2004 maintain the quality of existing S. spinulosa reefs in the UK. 3. By 2004 establish and ensure necessary habitat conditions required for the re-establishment of S. spinulosa reef where formerly found, for example in the Essex Estuaries and Morecambe Bay. 1. Maintain the current area (c.5200 ha) of coastal saline lagoons. 2. Maintain the current number and distribution of coastal saline lagoons. 3. Maintain and improve, as necessary, the quality of coastal saline lagoons as measured by the retention of lagoonal specialist BAP Priority and Red Data Book species where these occur. 4. Create, by the year 2015, 120 ha of saline lagoon. 1. Maintain extent and distribution of seagrass beds in UK waters. 2. Assess feasibility of restoration of damaged or degraded seagrass beds. Until surveys assess the extent of the seagrass resource, it will not be possible to assess whether restoration is necessary, or to specify a final target. An interim target of 1,000 ha has been costed. 1. Maintain the extent of serpulid reefs and associated plant and animal communities in the UK. 2. Maintain the quality of serpulid reefs and associated plant and animal communities in the UK 1. Maintain the extent and distribution of sheltered muddy gravel bed habitats, as defined in section 1 of this habitat action plan. 2. Maintain the quality of sheltered muddy gravel bed habitats, as defined in section 1 of this habitat action plan. 1. Protect the extent of a representative range of sublittoral sand and gravel habitats and communities. 2. Protect the quality of a representative range of sublittoral sand and gravel habitats and communities. 1. Maintain the extent of marine communities in tidal rapids based on best available information. 2. Maintain the quality of marine communities in tidal rapids based on best available information. 3. Maintain the variety of marine communities in tidal rapids based on best available information. Broad Habitats Habitat Inshore sublittoral rock Objective Maintain the extent and quality of inshore sublittoral rock habitats in the UK, including the full diversity of communities. Measures to be considered further include: • • • • protecting sites of conservation importance from damage through contamination and physical disturbance (eg turbidity and towed fishing gears); requiring EIAs for coastal developments to examine potential effects on intertidal and nearshore areas; monitoring any impact of dump sites on inshore sublittoral rock habitats, communities and wildlife, and taking action as appropriate; implementing strategies for managing the coastal zone at local, 107 Habitat Inshore sediment sublittoral Objective regional and national levels. Maintain the extent and quality of sublittoral sediment habitats in the UK, including the full diversity of communities. Measures to be considered further include: • Littoral rock protecting sites of conservation importance from damage through contamination and physical disturbance or excessive use (e.g. nutrient enrichment, dredging and development); • requiring EIAs for coastal developments to examine potential effects on nearshore areas; • monitoring any impact of dump sites on inshore sublittoral sediment habitats, communities and wildlife, and take action as appropriate; • developing and implementing strategies for the conservation and management of the wider marine environment at local, regional and national levels. For example integrated Coastal Management Plans, water quality objectives, pollution control and avoidance measures. Species recovery and habitat restoration programmes should be included. Maintain the extent and quality of littoral rocky habitats in the UK, including the full diversity of communities. Measures to be considered further include: • Littoral sediment protecting sites of conservation importance from damage through contamination, physical disturbance or excessive use (eg maritime accidents, trampling and collection); • minimising the risk of the introduction of non-native species; • ensuring that EIAs for coastal developments, including developments above high water mark, examine potential effects on intertidal and nearshore areas; • ensuring a co-ordinated framework for management of protected areas which span the coastal zone; • developing and implementing strategies for the conservation and management of the wider marine environment at local, regional and national levels. For example, integrated coastal management plans, water quality objectives, pollution control and avoidance measures. Species recovery and habitat restoration programmes should be included. Maintain the extent and quality of littoral sediment habitats in the UK,including the full diversity of communities. In the case of estuarine habitats, wherethere have been considerable losses and deterioration in the past, and where there is afuture threat from sea level rise, work to enhance the extent and quality of thesehabitats in the UK. Measures to be considered further include: • • • • protecting sites of conservation importance from damage through contamination, physical disturbance or excessive use (eg oil spills, shellfish dredging and marina/harbour development); promotion of the management of littoral sediment habitats within strategies (eg MAFF Shoreline Management Plans which permit the natural functioning of sediment systems); ensuring that EIAs for coastal developments, including those above high water, examine potential effects on intertidal and nearshore areas; developing and implementing strategies for the conservation and management of the wider marine environment at local, regional and national levels. For example, integrated Coastal Management plans, water quality objectives, pollution control 108 Habitat Oceanic seas Objective and avoidance measures. Species recovery and habitat restoration programmes should be included. Maintain the extent and quality of oceanic habitats in the UK Waters, includingthe full diversity of communities. Measures to be considered include: • Offshore shelf rock encouraging research to rectify the general lack of biological knowledge about the region and to prepare guidelines for the design of environmental impact assessments and monitoring programmes for developments in the area; • monitoring the impact of developments on habitats, communities and wildlife, and taking remedial action if appropriate; • establishing protected areas where these will benefit the conservation of oceanic species and habitats. Maintain the extent and quality of offshore rocky habitats in the UK, including the full diversity of communities. Measures to be considered include: • Offshore shelf sediment implementing strategies for minimising contamination of the seas at national and international levels by toxic, long lasting and bioaccumulating contaminants; • protecting sites of conservation importance from damage by contamination and physical disturbance; • continuing efforts to minimise impacts caused by new and existing industrial activities; • including the monitoring of the effects of hydrocarbon exploration and exploitation as a stipulation for licensing. All information collected in this way should be made publicly available and included in the Environment Statement for any proposed exploration drilling or production activity. Maintain the extent and quality of offshore shelf sediment habitats in the UK Waters, including the full diversity of communities. Measures to be considered include: • • • • • • • a case for 'no-take' reserves to conserve spawning stocks and reduce fishing mortality of commercial species. This will ensure that sufficient areas of seabed remain undisturbed so that representative examples of seabed communities receive adequate protection. Additionally this will provide areas where baseline scientific study and observation can be conducted without hindrance; the development of guidelines to ensure that site surveys of areas to be explored and exploited by the hydrocarbon industry collect adequate baseline data. This data should be used to underpin future monitoring around the sites. Operations should also be designed in such a way as to minimise impacts; support by the UK government for the implementation of Annex V to the Oslo and Paris Convention (OSPAR); carry out systematic surveys of UK shelf waters similar to those conducted in the North Sea and make the data freely available. Novel data sources such as the sound records from defence hydrophones should be exploited; compile an inventory of materials dumped in the past and survey a few key sites to assess what impact the sites still have on the ecology of the vicinity. reduce the environmental impact of fisheries, including the extent of discards and the size of by-catches of non-target species; continue attempts to improve water quality in the UK shelf seas, 109 Habitat Objective • • • • by reducing discharges from ships and shore facilities as much as is practical, and also examining ways of reducing aerial inputs; curtail the manufacture and use of organic molecules that persist in the marine environment; continue the development of controls preventing introduction and spread of exotic species; seek the establishment of an interdepartmental committee to coordinate all aspects of coastal and shelf seas management and protection; support all actions to minimise shipping and offshore accidents through safety procedures and response planning. Species Species Objective Knotted wrack (Ascophyllum nodosum ecad mackaii) 1. Maintain the geographical range of A. nodosum ecad mackaii on UK shores. 2. As a pilot, re-establish populations at one recently lost bed (in Scotland) by 2010. 1. Maintain, and where appropriate enhance, existing populations and, where appropriate, restore populations at former sites. 2. Maintain the range and number of sites including, where appropriate, through introduction to adjacent localities where existing localities become unsuitable. 1. Maintain, and where appropriate enhance, existing populations and, where appropriate, restore populations at former sites. 2. Maintain the range and number of sites including, where appropriate, through introduction to adjacent localities where existing localities become unsuitable. 1. Maintain viable populations at all extant sites. 2. Restore populations to three sites by 2005, focussing on the East Anglia fens in order to restore its historic range. 1. Maintain any populations which are discovered or rediscovered. 2. Where biologically feasible, re-establish populations at the former sites in Orkney and the Outer Hebrides, by 2005. 1. Maintain, and where appropriate enhance, existing populations and, where appropriate, restore populations at former sites. 2. Maintain the range and number of sites including, where appropriate, through introduction to adjacent localities where existing localities become unsuitable. Maintain viable populations at all extant sites. Baltic baltica) Stonewort (Chara Bearded Stonewort (Chara canescens) Lesser Bearded Stonewort (Chara curta) Mossy muscosa) Stonewort (Chara Foxtail Stonewort (Lamprothamnium papulosum) Starry Stonewort (Nitellopsis obtusa) Bird's nest stonewort (Tolypella nidifica) Sea-fan Anemone (Amphianthus dohrnii) 1. Maintain, and where appropriate enhance, existing populations and, where appropriate, restore populations at former sites. 2. Maintain the range and number of sites including, where appropriate, through introduction to adjacent localities where existing localities become unsuitable. 1. Maintain the geographical distribution of known viable populations. 2. Maintain the abundance of populations identified from a baseline to be established by 2004. 110 Species Objective Tall sea pen (Funiculina quadrangularis) Ensure that the distribution of the species is maintained. Fan Mussel (Atrina fragilis) Sea squirt (Styela gelatinosa) 1. Maintain the geographical distribution of A. fragilis within the UK. 2. If biologically feasible, enhance the distribution of A. fragilis within the UK. 3. Maintain the population size of A. fragilis within the UK. 4. If biologically feasible, enhance the population size of A. fragilis within the UK. 1. Maintain the existing geographical distribution of the native oyster within UK inshore waters. 2. Expand the existing geographical distribution of the native oyster within UK inshore waters, where biologically feasible. 3. Maintain the existing abundance of the native oyster within UK inshore waters. 4. Increase the abundance of the native oyster within UK inshore waters, where biologically feasible. 1. Maintain, and where appropriate enhance, existing populations and, where appropriate, restore populations at former sites. 2. Maintain the range and number of sites including, where appropriate, through introduction to adjacent localities where existing localities become unsuitable. 1. Maintain the distribution of the northern hatchett shell within the UK. 2. Enhance the distribution of the northern hatchett shell within the UK, where biologically feasible. 3. Maintain the size of the population in Loch Etive, Scotland. 4. Enhance the size of the population in Loch Etive, Scotland, wherever biologically feasible. 5. Ensure no further declines in the population(s) of the species due to anthropogenic factors. Ensure that the distribution of the species is maintained. Allis Shad (Alosa alosa) Ensure the continued survival of allis shad stocks. Grouped plan for commercial marine fish. Specifically mentioned species: Bring all stocks identified in the plan within precautionary reference points as defined by ICES within 5 years. Native Oyster (Ostrea edulis) Lagoon sea adspersa) slug (Tenella Northern Hatchett Shell (Thyasira gouldi) Clupea harengus (Herring), Gadus morhua (Cod), Merlangius merlangus (Whiting), Merluccius bilinearis (a Hake) Merluccius merluccius (a Hake), Pleuronectes platessa (Plaice) Pollachius virens (Saithe), Scomber scrombrus (Mackerel), Solea vulgaris (Sole), Trachurus trachurus (Horse Mackerel) Grouped plan for deep-water fish. Specifically mentioned species: Stabilise all stocks of commercially exploited deep-water species at or above safe biological limits by 2005 111 Species Objective Aphanopus carbo (Black Scabbardfish), Argentina silus (Greater silver smelt), Brosme brosme (Tusk), Coryphaenoides rupestris (Roundnose grenadier), Hoplostethus atlanticus (Orange roughy), Lophius piscatorius (Sea monkfish), Macrourus berglax (Roughhead grenadier), Micromesistius poutassou (Blue Whiting), Molva dypterygia (Blue Ling), Molva molva (Ling), Raja hyperborea (Arctic Skate), Reinhardtius hippoglossoides (Greenland halibut), Sebastes spp. (Redfish) Basking maximus) Shark (Cetorhinus Common Skate (Raja batis) Grouped plan for baleen whales. Specifically mentioned species: Balaenoptera acutorostrata (Minke Whale), Balaenoptera borealis (Sei Whale), Balaenoptera musculus (Blue Whale), Balaenoptera physalus (Fin Whale), Eubalaena glacialis (Northern right whale), Megaptera novaeangliae (Humpback Whale) Grouped plan for small dolphins. Specifically mentioned species: Delphinus delphis (Common Dolphin), Grampus griseus (Risso's dolphin), Lagenorhynchus acutus (Atlantic white-sided dolphin), Lagenorhynchus albirostris (White-Beaked Dolphin), Stenella coeruleoalba (Striped dolphin), Tursiops truncatus Maintain the current basking shark population. 1. By 2004 stabilise refuge populations in all key centres of abundance. 2. In the long term, facilitate the migration of common skate from refuge populations to areas within which they are either scarce or have been fished out by minimising fishing pressure on the species. Inevitably, this will take not less than one or two decades due to the species slow rates of reproduction and growth. 1. In the short term, maintain the current range of baleen whales. 2. In the short term, maintain the current abundance of baleen whales. 3. In the long term (over the next 20 years), increase the baleen whale population ranges around the UK, if biologically feasible. 4. In the long term (over the next 20 years), increase the baleen whale population sizes around the UK, if biologically feasible. 1. In the short term, maintain the current range of small dolphins. 2. In the short term, maintain the current abundance of small dolphins. 3. In the longer term, seek to increase the ranges of small dolphin populations where appropriate. 112 Species Objective (Bottlenosed dolphin) Grouped plan for toothed whales. Specifically mentioned species: Globicephala melas (Longfinned pilot whale), Hyperoodon ampullatus (Northern bottlenose whale), Mesoplodon bidens (Sowerby's beaked whale) Mesoplodon mirus (True's Beaked Whale), Orcinus orca (Killer Whale), Physeter macrocephalus (Sperm Whale), Ziphius cavirostris (Cuvier's beaked whale) Harbour Porpoise (Phocoena phocoena) Otter (Lutra lutra) 1. In the short term, maintain the range of toothed whales. 2. In the short term, maintain the numbers of toothed whales. 3. In the longer term, increase abundance by seeking to optimise conditions enabling their populations to increase. 1. Maintain the current geographical range of the harbour porpoise. 2. Maintain the current abundance of the harbour porpoise. 3. In the long-term ensure that no anthropogenic factors inhibit a return to waters that it previously occupied. 1. Maintain existing otter populations. 2. Expand existing otter populations. 3. By 2010, restore breeding otters to all catchments and coastal areas where they have been recorded since 1960. A1.13 UK Public Service Agreement Framework Owner/Originator: UK Government Objective Suite Title: Public Service Agreement Objectives Source: (DEFRA, 2008a) Objective Level: High Level Goals No. of Stated Objectives: 7 (1 overarching goal) Status: Announced in 2007 as part of the Comprehensive Spending Review Details: “To secure a diverse, healthy and resilient natural environment, which provides the basis for everyone’s well-being, health and prosperity now and in the future; and where the value of the services provided by the natural environment are reflected in decision making: 113 • The air that we breathe free from harmful levels of pollutants • Sustainable water use which balances water quality, environment, supply and demand • Land and soils managed sustainably • Biodiversity valued, safeguarded and enhanced • Sustainable, living landscapes with best features conserved • Clean, healthy, safe, productive and biologically diverse oceans and seas • People to enjoy, understand and care for the natural environment.” A1.14 Scottish National Marine Objectives Owner/Originator: Scottish Government Objective Suite Title: Marine objectives for Scotland Source: Scottish Government Objective Level: High level goals No. of Stated Objectives: None as yet Status: Not developed Details: The Scottish Marine Bill will support this overall purpose, managing Scotland's coasts and seas in a way that balances the interests of resource use and resource protection. In particular, the Bill will seek to deliver: • • • Wealthier and Fairer - managing the exploitation of Scotland's coastal and marine area. Greener - developing new tools to manage and direct exploitation to ensure Scotland's assets are used sustainably. Safer and Stronger - ensuring that local coastal communities have the opportunity to manage local coasts and seas to improve opportunities and enhance quality of life. Marine objectives for Scotland, will also include marine ecosystem objectives ( MEOs). These will be a mechanism for setting out what the management of Scotland's coasts and seas is aiming to achieve; outlining strategic goals for the marine environment and translating the principles of an ecosystem-based approach into practice. The MEOs will be substantially informed by the River Basin Management Plan objectives at both local and national levels. All Marine objectives will be founded on the five guiding principles of sustainable development: • • • living within environmental limits; ensuring a strong, healthy and just society; achieving a sustainable economy; 114 • • promoting good governance; and using science responsibly. Timescales Scottish Ministers anticipate that it will take somewhere between 12 to 18 months to draft marine objectives and construct a National Marine Plan. Allowing time for consultation suggests that the first Plan and objectives could take up to two years to produce. Scottish Ministers intend to review and revise National Marine Plans and objectives on a five-yearly cycle. It may also be appropriate to apply the same timescales to Regional Marine Plans. A1.15 Scottish Biodiversity Strategy Owner/Originator: Scottish Biodiversity Forum Objective Title: Suite Marine objectives for Scotland Source: Scottish Executive (2004) Objective Level: High level goals and Intermediate level objectives No. of Stated 5 Objectives, 1 Aim, 1 Vision Objectives: Status: Undergoing implementation Details: Vision “By 2030 Scotland is recognised as a world leader in biodiversity conservation. Everyone is involved; everyone benefits. The nation is enriched.” Aim To conserve biodiversity for the health, enjoyment and wellbeing of the people of Scotland now and in the future. Objectives 1. Species & Habitats: To halt the loss of biodiversity and continue to reverse previous losses through targeted action for species and habitats 2. People: To increase awareness, understanding and enjoyment of biodiversity, and engage many more people in conservation and enhancement 3. Landscapes & Ecosystems: To restore and enhance biodiversity in all our urban, rural and marine environments through better planning, design and practice 115 4. Integration & Co-ordination: To develop an effective management framework that ensures biodiversity is taken into account in all decision making 5. Knowledge: To ensure that the best new and existing knowledge on biodiversity is available to all policy makers and practitioners. A1.16 A Strategic Framework For Scotland's Marine Environment Owner/Originator: Scottish Government Objective Suite Title: Strategic Framework Aims Source: Scottish Government (2004) (http://openscotland.gov.uk/Publications/2004/04/19253/359 70) Objective Level: Intermediate level objectives No. of Stated Objectives: 12 objectives grouped in 5 “elements”, Status: Implemented Details: Strategic vision: “The Scottish Executive is committed to working for a clean, healthy, safe, productive and biologically diverse marine environment which, through sustainable management, will continue to support the interests of nature and people.” Element Clean, safe healthy, Objective To be achieved by: Improving water quality through continued compliance with relevant EC Directives; implementation of the revised Bathing Water Directive, the Water Environment and Water Services Act (WEWS) and the Water Framework Directive (WFD); and through implementation of the OSPAR (Oslo and Paris Conventions for the Protection of the North-East Atlantic) strategy for the discharge of radioactive substances Maintaining and improving the licensing regime for deposits in the sea Continuing to improve our capability for responding to marine pollution incidents through the development of an electronic database of applications made and consents issued through co-ordination of Scottish Standing Environment Group, maintaining links with the Maritime and Coastguard Agency (MCA) and involvement in training exercises through the creation of a single focal point for consent applications which will simultaneously handle consents required under the Electricity Improving the co-ordination of offshore renewable energy related development 116 Element Objective To be achieved by: consents Promoting environmental best practice in ports and harbours works Productive Promoting fisheries sustainable Promoting aquaculture sustainable Promoting tourism sustainable Biologically diverse Conservation and enhancement of biodiversity and protection of important marine habitats Sustainably managed Developing an integrated approach to coastal zone management Developing a management framework for the marine environment Based on sound Improving the co-ordination of 117 Act 1989 , the Food and Environment Protection Act 1985, and the Coast Protection Act 1949 through the development of policies and legislation on Port and Harbour matters, in liaison with stakeholders, and the issuing of consents under Section 34 of the Coast Protection Act through the progressive development of an ecosystem based approach to fisheries management within the Common Fisheries Policy (CFP), aiming to ensure that the exploitation of living aquatic resources provides sustainable economic, environmental and social conditions, in particular supporting positive change in fishing industries and promoting increased stakeholder involvement in managing resources through the implementation of a Strategic Framework which balances the needs of local communities with potential implications to the marine environment, develops policy on the location/relocation of marine fish farms, establishes a Scottish Aquaculture Research Forum and takes forward an Aquaculture Bill; and through the extension of planning controls to Scottish marine aquaculture (implementing section 24 of the WEWS Act 2003) through working in partnership with stakeholders to strengthen the links between tourism and environmental sustainability through the completion and publication of a Scottish Biodiversity Strategy, including an action plan on marine and coastal biodiversity; implementation of the EC Birds and Habitats Directives in the appropriate marine and coastal areas including the designation of Special Areas of Conservation (SACs) and Special Protected Areas (SPAs); and working with the Scottish Seals Forum to manage the competing conservation interests of seals and fisheries through a national stock take to identify the relevant legislation and the roles of principal stakeholders, and consultation on the best strategy for protecting and enhancing all of Scotland's coastline, including the options of establishing a national coastline park and marine national parks through a Scottish Sustainable Marine Environment Initiative (SSMEI) project to test, in pilot projects, the benefits of possible new management framework options for the sustainable development of Scotland's marine resources; and, separately, through consideration of current management and rental arrangements for the sea-bed through the development of a Scottish Element Objective To be achieved by: scientific principles Government funded marine science in Scottish waters monitoring strategy to meet our obligations under the WFD, contribute to wider UK monitoring programmes and underpin our input to EU and OSPAR initiatives on an ecosystem-based approach to management of the marine environment. A1.17 Seas the Opportunity: A Strategy for the Long Term Sustainability of Scotland’s Coasts and Seas Owner/Originator: The Scottish Executive Objective Suite Title: A Strategy for the Long Term Sustainability of Scotland’s Coasts and Seas Source: Scottish Executive (2005) Objective Level: High level goals No. of Stated Objectives: 13 Status: Being implemented Details: The top-level objectives are principally those described in the 5 guiding principles of sustainable development and in the vision. Beneath those, and taking forward proposals made in response to the 2004 consultation and other reviews, we intend to pursue the following strategic level objectives in 5 key areas: National Level Governance • • • To provide effective, strategic and adequately resourced leadership To ensure better co-ordination of policy and supporting activities To promote wider public awareness, understanding and appreciation of the value of the marine and coastal environments and the pressures on them Sustainable Environment • • To enhance and conserve the overall quality of our coasts and seas, their natural processes and their biodiversity To integrate environmental and biodiversity considerations into the management of marine related activities Sustainable Communities • • • To maintain strong, prosperous and growing coastal communities To support integrated marine and coastal management at local level To identify means of working with natural processes to protect against coastal flooding and to maintain inter-tidal and coastal habitats of importance for biodiversity 118 Sustainable Industries • • To improve capacity for planning the growth of coastal and offshore developments To promote sustainable, profitable and well managed marine related industries Sound Science • • • To develop better integrated, relevant scientific data on the marine environment and the effects of the pressures on it To increase our understanding of natural processes and ways of working with them To understand the cumulative effects of activities in the marine and coastal areas. A1.18 Renewed Strategic Framework for Scottish Aquaculture Owner/Originator: Scottish Government Objective Suite Title: Renewed Strategic Framework for Scottish Aquaculture Source: The Scottish Government (2008) Objective Level: Intermediate and Operational objective level No. of Stated Objectives: 5 themes with 5 desired outcomes Status: Unknown Details: Theme Health Planning, consents and sites Containment Markets, marketing and image Finance Desired outcome A secure long-term future for the industry by protecting the asset through adoption of disease-control strategies which also contribute to minimising impacts on the environment. Development of the right sites, in the right places, by the right people through transparent, streamlined and proportionate regulation/ processes to minimise impacts on other users of the marine and freshwater environment Fish farm escapes minimised by adopting best-practice to reduce stock loss, improve profitability and secure the future and credibility of the industry whilst minimising environmental impact and preventing conflict with others’ interests Maximised profitability for commodity and niche market producers by promotion of a positive image of the industry and making best use of the Scottish quality brand to secure markets home and abroad An investment climate which supports and underpins the long-term future and competitiveness of the sector with investment in best practice and technologies to minimise impacts on the environment 119 References to Appendix 1 DEFRA, 2001. Safeguarding our seas. A Strategy for the conservation and sustainable development of our marine environment. pp. 82. London: DEFRA. DEFRA, 2004. Review of Marine Nature Conservation. Working Group report to Government. pp. 139. London: DEFRA. DEFRA, 2008a. Marine Programme Plan 2008/09. pp. 31. DEFRA. DEFRA, 2008b. Our Seas - a shared resource. Consultation 2008. London: DEFRA. European Union, 1992. Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. European Union, 2005. Environmental Objectives under the Water Framework Directive. Policy summary and background document. pp. 30. European Union, 2008. Directive 2008/56/EC Of The European Parliament And Of The Council of 17 June 2008. Establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive). In Directive 2008/56/EC. OSPAR Commission, 2003. 2003 Strategies of the OSPAR Commission for the Protection of the Marine Environment of the North-East Atlantic. In Ministerial Meeting of The OSPAR Commission, Summary Record OSPAR 03/17/1-E, Annex 31 pp. 22. Bremen: OSPAR Commission. OSPAR Commission, 2006. Report on North Sea Pilot Project on Ecological Quality Objectives. pp. 126. Scottish Executive, 2004. Scotland's Diversity: it's in your hands. A strategy for the conservation and enhancement of biodiversity in Scotland: Scottish Executive. Scottish Executive, 2005. Seas the opportunity. A strategy for the long-term sustainability of Scotland's Coasts and seas. Edinburgh: Scottish Executive. The Scottish Government, 2008. Scottish Aquaculture - A Fresh Start. A Consultation on a Renewed Strategic Framework for Scottish Aquaculture. pp. 35. Edinburgh: The Scottish Government. U.K. Biodiversity Group, 1999. Tranche 2 Action plans. Volume V - maritime species and habitats. Peterborough: English Nature. 120 APPENDIX 2: INVENTORY OF AIMS, OBJECTIVES, GOALS OR DESCRIPTORS RELEVANT TO THE UK – INITIATIVES OF UNCERTAIN STATUS OR LAPSED For a description of the purpose and use of this Inventory, see the introduction to Appendix 1. A2.1 North Sea Pilot Ecological Quality Objectives Owner/Originator: OSPAR Commission Objective Suite Title: Ecological Quality Objectives Source: OSPAR Commission (2006) Objective Level: Operational Level No. of Stated Objectives: 18 objectives (6 under development) Status: 11 EcoQOs have been elaborated and are ready for implementation. Details: Ecological Quality Issue Spawning stock biomass commercial fish species Marine mammals Ecological Quality Objective of Maintain the spawning stock biomass above precautionary reference points for commercial fish stocks agreed by the competent authority for fisheries management. Seal Population Trends: (a) There should be no decline in harbour seal population size of 10% within any of nine sub-units of the North Sea. (b) There should be no decline in pup production of grey seals of 10% within any of nine sub-units of the North Sea. Annual by-catch of harbour porpoises should be reduced to below 1.7% of the best population estimate (under review). Seabirds The proportion of oiled common guillemots should be 10% or less of the total found dead or dying in all areas of the North Sea. Additional seabird EcoQOs are under development for contaminant concentrations in seabird eggs, and plastic particles in seabird stomachs and local sand eel availability for black legged kittiwakes. Fish communities Under development Benthic communities The average level of imposex (development of male characteristics by females) in female dog whelks or other selected gastropods should be consistent with specified levels. Plankton community See Eutrophication EcoQOs. 121 Ecological Quality Issue Ecological Quality Objective Threatened species and/or declining Under development Threatened habitats and/or declining Under development Eutrophication All parts of the North Sea should have the status of nonproblem areas with regard to eutrophication by 2010. Winter concentrations of dissolved inorganic nitrogen and phosphate should remain below specified limits. Maximum and mean phytoplankton cOSSrophyll a concentrations during the growing season should remain below specified limits. Area-specific phytoplankton species that are indicators of eutrophication should remain below specified limits. Oxygen concentration should remain above specified limits. There should be no kills in benthic animal species as a result of oxygen deficiency and/or toxic phytoplankton species. A2.2 Scottish Biodiversity Implementation Plan (Marine and Coastal Ecosystems) Owner/Originator: Marine Biodiversity Working Group Objective Suite Title: Scottish Biodiversity Implementation Plan (Marine and Coastal Ecosystems) Source: http://www.biodiversityscotland.gov.uk/library/Marine%20IP.p df Objective Level: Intermediate level objectives No. of Stated Objectives: 14 Objectives (Targets) Status: Provisional (currently under consultation as part of SEA process) Details: Note: Objectives are termed ‘Targets’ in the source table. 122 Objectives Action 1.1 An ‘ecologically coherent network’ of marine protected areas around Scottish waters is in the process of being established, meeting existing obligations under Natura 2000, OSPAR and WSSD, with mechanisms in place or in development to ensure that these sites can be managed to protect the biodiversity interests for which they were selected. Consideration is given as to whether any further sites are required to meet the objectives of the Scottish Biodiversity Strategy. a. An analysis undertaken of Natura 2000 sites within Scotland against the OSPAR commitment, to establish to what extent they represent “an ecologically coherent network of marine protected areas”, and options developed for completing the network, should additional measures be necessary. b. Dependent upon outcome of 1.1a, evidencebased criteria developed for completing an ecologically coherent network of marine protected areas within Scottish waters, meeting OSPAR criteria. c. Based on these criteria a range of sites identified which are likely to be strong contenders for selection through this process, and an assessment undertaken of impacts on the biodiversity for which those sites are special, to inform management and/or legislative requirements. d. Following completion of the analysis in 1.1a and 1.1b, a wider debate instigated on whether any further site protection mechanism might be needed, beyond OSPAR, to meet the objectives of the Scottish Biodiversity Strategy. e. Further consideration and exploration of Scotland's statutory options for marine nature conservation completed as part of the consultation process for developing a Scottish Marine Bill. f. Biodiversity benefits of an “ecologically coherent network of marine protected areas” meeting OSPAR criteria promoted to all relevant partners; as part of this process, potential social and economic benefits identified and promoted. g. A review of benefits of marine protected areas additional to the ecologically coherent network, in the context of any Marine Strategy Directive requirement for achieving “good environmental status”, included in 2011 - 2013 Marine Biodiversity Implementation Plan. 123 Objectives Action 1.2 Action taken to assist 6-10 marine species and habitats*, selected by defined criteria, where it is possible to make a significant difference within the lifetime of the plan and where funding can be identified. a. Criteria for prioritising species and habitats for conservation action proposed by SNH, discussed more widely, and agreed upon by MBWG. b. Each species and habitat on the Scottish Biodiversity List assessed against these criteria (as part of the analysis in action 1.3a), and a short-list of 6-10 species and habitats* proposed for action. c. Lead partners agreed for each of proposed species and habitats*, with a commitment to take forward action within identified budgets. d. Plans for delivery drawn up by identified lead partners, in consultation with SNH and MBWG, including the identification of budgets for the agreed actions; work underway. e. Report on progress of all above action plans completed and published. 1.3 An updated Scottish Biodiversity List is available to all officers of public bodies whose activities impact upon marine biodiversity. This updated list is harmonised with the revised UK Biodiversity Action Plan (BAP) List, identifies gaps in marine coverage, and includes supporting information on coastal and marine habitats and species. a. Scottish Biodiversity List revised to incorporate changes to marine species included on the new UK BAP list and the reclassification of marine habitats in that list. b. Existing information sources on the status and current protection of all coastal and marine species and habitats on the revised Scottish Biodiversity List identified and reviewed, including an assessment of the main threats impacting on each feature. c. One-page summary of conservation priorities, legislative protection and management requirements prepared for each of these species and habitats (highlighting any for which the current assessment is provisional), linking species with habitats to allow an ecosystem approach to biodiversity action. d. These summaries, and information on the distribution of marine habitats and species made available on appropriate web pages (e.g. SBF, NBN) as part of action 2.4d, and availability of this information made known to target audiences; where existing information is perceived to be inadequate for management purposes, this information fed into the marine data assessment in target 5.3b. e. Following completion of this work, a review undertaken of any gaps in marine species and habitats on the Scottish Biodiversity List, including an assessment of criteria used for selecting the list; proposals made to SBF for any required updates to the list to ensure it is up-to-date and fit for purpose. 124 Objectives Action 2.1 Working with key Scottish industry fora, a targeted range of materials is developed to assist marine and coastal industries to understand the requirements and benefits of sound management of marine biodiversity. a. A list of key industries situated in Scotland’s coastal zone and marine area collated, together with an overview of existing assessments of these industries’ impacts on marine biodiversity. If this analysis shows up major gaps in information, then opportunities sought to address these gaps. b. As part of this exercise, key fora and other opportunities identified for engaging most effectively with these industries. c. From the analysis in 2.1a, prioritise one or more industry fora with whom engagement could lead to most immediate benefits for marine biodiversity. Work with these fora to identify what biodiversity information and guidance the relevant industries require to assist them in integrating marine biodiversity considerations into their management and operations, then engage with these industries and other industry bodies (including CBI Scotland, the enterprise agencies and trade associations) to develop and disseminate these materials. d. Information from 2.1b made available on the web as part of action 2.4d, and compiled into a training pack, highly targeted at marine industries; disseminate pack at Local Coastal Partnership and other appropriate industry events. e. As part of engagement in 2.1b, seek opportunities to encourage and assist marine and coastal industries to record biodiversity information gathered in their work. 2.2 New strategies and reviews of existing strategies, relating to the marine environment, are critically assessed to ensure that they meet the objectives of the Scottish Biodiversity Strategy. a. SG Marine Directorate works with MBWG and industry groups to ensure that new strategies, and reviews of existing strategies, relating to the marine environment, are consistent with, and contribute to, the objectives of the Scottish Biodiversity Strategy, within the wider context of ‘clean, safe, healthy, productive and biologically diverse oceans and seas’. b. Advice provided to the Scottish Government on how best to integrate biodiversity considerations into the forthcoming Scottish Marine Bill. 125 Objectives Action 2.3 Pilot project undertaken which carries out a gap analysis of coastal and marine biodiversity delivery at the local level; based on this analysis, the potential role of Local Coastal Partnerships (LCPs) and LBAP Partnerships/Officers in addressing these gaps is assessed. a. Gap analysis undertaken of coastal and marine biodiversity delivery in one or more Local Coastal Partnership region(s) through partnership working with the LCP, LBAPs and constituent Local Authorities. b. Based on this analysis, the most effective mechanism(s) proposed to deliver sound management of coastal and marine biodiversity. c. Conclusions of this work fed into advice to Scottish Government in 2.2b. d. Building on this work, letter sent to Local Authority Chief Executives emphasising the role of local authorities, public bodies and local partnerships in achieving action for marine and coastal biodiversity in Scotland. 2.4 Accessible materials produced to assist Scottish coastal and marine biodiversity regulators and practitioners in delivering the Scottish Biodiversity Strategy objectives in the marine environment, including guidance on engagement with stakeholders at the local level. a. The Marine LBAP Guidance Manual for England (2007), prepared by the Marine Conservation Society with support from Defra and English Nature, assessed, and amended if necessary, to make applicable to Scotland. b. Scottish coastal and marine biodiversity regulators and deliverers, including Local Biodiversity Action Plans, canvassed at appropriate fora to identify support materials required to assist in the delivery of local coastal and marine biodiversity (including consideration of any guidance on integrating biodiversity in local Strategic Environmental Assessments). c. Any guidance requirements identified in 2.4b, are developed and published via the SBF website as part of action 2.1b (including a menu suite of objectives and criteria for local SEA assessment if this is shown to be required). d. Materials produced to meet these needs (including outputs from actions 1.3c, 1.3d, 2.1a, 2.4b, 3.2b and 4.1b), and presented on the SBF or other appropriate website, with particular emphasis on an easily accessible portal for this information (ensuring that this is integrated with any Scottish marine data centres developed through the Marine Data and Information Partnership, as recommended by AGMACS) 126 Objectives Action 3.1 A set of Marine Ecosystem Objectives (MEOs) is proposed for Scotland, integrating requirements of EU directives, within wider objectivesetting for the sustainable use of Scottish seas. a. Approach to be adopted for MEOs scoped, and an initial set of objectives proposed for wider consultation. b. Based on these proposals, consultation undertaken on a system of Scottish MEOs, as a contribution to the development of the Scottish Marine Bill. c. Following consultation, advice offered to Ministers on these MEOs and their implementation at the Scottish level, in cooperation with lead partners and stakeholders. d. Measures taken to ensure that MEOs are reflected in the development of proposals for Marine Spatial Planning in Scottish waters, including in any proposals on MSP in the Scottish and UK Marine Bills. e. Actions included in 2011-2013 Marine Biodiversity Implementation Plan to address any blockages identified to achieving MEOs with a biodiversity component. 3.2 Case promoted to ensure that climate change mitigation measures are taken forward in ways that respect marine and coastal biodiversity. a. The role of marine and coastal biodiversity championed in wider discussions on climate change policy (including highlighting the services offered by coastal and marine ecosystems in reducing climate change impacts). b. To assist in this championing role, MBWG will work with relevant experts to clarify understanding of the biodiversity implications of marine renewables; it applies this understanding in any advice it offers. 127 Objectives Action 4.1 All officeholders of public bodies have access to the guidance and information they need in taking forward their biodiversity duty in the marine environment, as part of their responsibilities for ensuring the wider set of Marine Ecosystem Objectives in Scottish waters. a. A SNIFFER scoping study in 2008 will “identify existing biodiversity guidance for, and produced by, public bodies” and “identify gaps in existing guidance for public bodies with respect to delivery of the biodiversity duty”. Following completion of this study, assessment undertaken of gaps in guidance which are particularly critical to the marine environment. b. Materials produced to fill identified gaps in existing guidance for public bodies with respect to delivery of the biodiversity duty in the marine environment and biodiversity elements of the Scottish MEOs (action 3.1a), drawing on the review of priority species and habitats in action 1.3a. c. The SNIFFER study will also “provide costed options for an internet-based tool that would allow public bodies (and others) to access this information and guidance”. Using this information, work to establish a simplified access portal for this information and guidance (linked to the outputs from action 1.3c and 2.4d) using the SBF website and any internet-based tool developed as an outcome of the SNIFFER study. d. Guidance published on the biodiversity duty in the marine environment and biodiversity requirements of the MEOs reviewed annually, in the light of any new information, to ensure this remains relevant and up-to-date. 5.1 Coastal and marine monitoring in Scotland is coordinated between all agencies operating in the marine environment, and a pertinent environmental indicator suite has been developed for application in these environments. This work should be fully coordinated with work of the UK Marine Assessment and Reporting Group (MARG) and any Scottish marine data centre developed from the Marine Bill. a. Depending on the outcome of the Marine Bill consultation, existing coastal and marine monitoring activities in Scotland reviewed against Scottish Biodiversity Strategy objectives. b. Depending on the outcome of the Marine Bill consultation, in concert with development of proposals for Marine Ecosystem Objectives (action 3.1a), relevant ecosystem indicators identified to monitor delivery of biodiversityrelevant MEOs, integrated with other Scottish biodiversity indicators. c. Gaps identified in current monitoring needed to assess delivery of MEOs and Scottish Biodiversity Strategy in marine environment. d. Cost-effective means identified to fill these monitoring gaps, with respect to international, national and regional drivers, responsibility assigned for monitoring to fill these gaps, and monitoring underway. e. Outcomes of this monitoring reported annually (or as advised otherwise in developing the indicators) via links within the SBF, MDIP, Mermaid and other websites, and through the 3-yearly report on biodiversity outcomes to the Scottish Parliament. 128 Objectives Action 5.2 The information, support and guidance needed to assist local Scottish biodiversity partnerships and other marine stakeholders is easily accessible through a targeted website. 5.3 A full review on the “State of Scotland’s Seas”, is completed and published; this includes identification of key information gaps. a. Website maintained to remain up-to-date and to supply critical Scottish coastal and marine biodiversity information and guidance as it becomes available a. The initial state of Scotland’s seas assessed in terms of the vision of the Scottish Government, i.e. “clean, healthy, safe, productive and biologically diverse marine and coastal environments, managed to meet the long-term needs of nature and people”. Where data is inadequate to make this assessment with reasonable scientific certainty, these data gaps are highlighted. b. MBRCG considers data gaps highlighted in this report and seeks to identify cost-effective mechanisms to address these gaps. 5.4 Work to develop and improve the quality and accessibility of biodiversity related data and information has progressed a great deal in recent years and is set to continue in-line with technological advances and public and professional expectations relating to data and information accessibility. It is therefore critical that the provision and support of biodiversity related data is adequately recognised and supported within Scotland giving consideration to local, UK and European biodiversity reporting obligations. a. Expansion of MarLIN to provide increased access to marine species data. b. Marine website maintained to ensure up-to-date and timely supply of critical Scottish coastal and marine biodiversity information and guidance as it becomes available. A2.3 Scottish Natural Heritage – Natural Heritage Futures Update Owner/Originator: Scottish Natural Heritage Objective Suite Title: Natural Heritage Futures Update Source: Scottish Natural Heritage (2002, 2008) Objective Level: High level goals No. of Stated Objectives: 8 Objectives, 65 Actions Status: Draft Details: 129 Objectives Actions To achieve sustainable use of our coasts and seas through better management, knowledge and understanding of the marine environment 1. Implement stronger management and stewardship of the sea at government and at international level 2. Develop and implement national and integrated strategies for Scotland’s coasts regional 3. Develop and implement new environmental management for marine ecosystems including broad measures and protected areas for special features 4. Develop access opportunities and related interpretation to improve community understanding and ownership of the coastal environment 5. Promote awareness and education of Scotland’s marine natural heritage e.g. by using videos and data obtained during underwater surveys 6. Ensure adequate visitor management at key sites with interpretative provision to achieve maximum raising of awareness and understanding of the natural heritage 7. Encourage community involvement programmes in integrated management initiatives, implementation of Local and National Biodiversity Action Plans and the management of Special Areas of Conservation 8. Support and undertake research to address gaps in knowledge and understanding of the marine environment To manage the coast in sympathy with natural processes 1. In areas under long-term threat of coastal flooding or erosion, promote approaches to coastal defence work with nature and avoid diverting erosive forces elsewhere by: • Developing shoreline management plans to assess defence options and guide built development away from areas at risk; • Promoting flexible land management and managed realignment to reduce the sea’s power to erode coastlines and to restore areas of soft coast habitat; • Removing or abandoning hard sea defences where they are not essential to allow low-lying land to return to the sea, and using new built defences to protect only essential developments or installations. 2. Minimise the extraction of marine aggregates and ensure all impacts of extraction on coastal processes are understood. 3. Recycle (clean) dredged sediment wherever possible, e.g. in beach recharge operations. Where such recycling I not possible, encourage disposal within the active coastal cell from which the material was dredged (thus maintaining the sediment supply within the coastal cell and lowering the risk of coastal erosion). 4. Maintain natural processes and biodiversity on coastal habitats such as saltmarsh, sand dune and machair through sensitive agricultural and recreational management. 130 Objectives Actions 5 To safeguard and enhance maritime biodiversity and ecosystems Improve understanding of the impacts of seaweed harvesting on coastal erosion. 6. Extend the Natural Heritage Futures framework to the marine environment with the identification of distinct marine areas and the development of targeted policies. 1. Develop a Scottish coastal strategy including an integrated management framework, designated sites and wider environmental measures to provide effective protective mechanisms for the natural heritage of the coasts and seas. 2. Designate marine Natura 2000 sites (SPA and SAC) and secure appropriate management. 3. Implement maritime habitats, species and local biodiversity action plans to achieve targets relevant to Scotland. 4. Safeguard coastal and marine features of conservation importance within areas of special care and protection, including both sites formally designated under nature conservation legislation and other areas identified and managed through the marine spatial planning system. 5. Reduce by-catch of cetaceans and other non-target species through fisheries policies and technical measures. 6. Review options for the management of predator/prey issues such as seal numbers. 7. Ensure developments on rocky cliffs and coastline maintain the natural heritage and biodiversity value of the coastline. 8. Improve data and knowledge above maritime natural heritage and map the locations of special sites on charts, etc, to enable other sea users to avoid causing damage e.g. by anchoring or the use of towed gear. 9. Increase enforcement of regulations against fly tipping to protect coastal habitats. 10 Clarify the distribution and abundance of maerl, and minimise extractions. 11 Ensure anti-fouling and ballast water control and management measures are in place to prevent the further introduction of non-native species, or disease from ballast water or from ships’ hulls. 12. Implement recommendations of the Donaldson report to protect coastal areas, such as the Minch, at risk from shipping e.g. through the identification of Marine Environmental High Risk Assessment (MEHRA) 13. Use agri-environmental measures to protect and enhance coastal biodiversity habitats and species. To safeguard and enhance the fine scenery and diverse character of coastal seascapes ands landscapes 1. Ensure a strategic approach to marine and coastal development, allowing only those for which a coastal location is essential and relating site and design to seascape character. 131 Objectives Actions 2. Consider the landscape and visual impact of all coastal and marine development proposals and devise and implement strategies for avoidance or mitigation of negative visual and landscape impact. 3. Ensure that the new system of marine spatial planning addresses the need to direct development towards areas of least landscape and visual sensitivity and takes account of landscape carrying capacity. 4. Ensure coastal and shoreline integrated management initiatives • • are informed by approaches in National Scenic Areas to integrate land use in coastal landscapes; and incorporate local people’s values and aspirations for the coastal landscape. 5. Enforce regulations that prohibit deposition of litter and fly-tipping on coastal habitat and promote removal of discarded plant, machinery, fencing and other artefacts that impact on the landscape. 6. Ensure that environmental impact assessment takes account of landscape and visual impact, including landscape carrying capacity. To achieve sustainability in Scottish sea fisheries through responsible fishing that keeps stocks within safe biological limits and minimises adverse impact on the natural heritage 1 Focus recovery efforts for target fish stocks on addressing factors affecting the rate at which young fish are added to the population, including the protection of critical nursery habitats. 2. Apply consistent standards of management at all of the relevant scales at which fisheries occur, i.e. local to international. 3. Maintain fishing capacity and effort within limits set by stock availability. 4. Make effective use of stakeholder management mechanisms: Regional Advisory Councils, Inshore Fisheries Groups and other local initiatives where appropriate. 5. Integrate fishery and environmental objectives more effectively. 6. Encourage implementation of fisheries management tools that implement an ecosystem approach. To ensure that salmon farming and other types of aquaculture are environmentally sustainable 1. Develop a strategic approach to the selection of sites for salmon farming that takes account of the carrying capacity of coastal waters. 2. Support the detailed siting and design of marine aquaculture to minimise visual impacts on the seascape character. 3. Move existing and place new fish farms away from the mouths of salmon rivers and the migratory routes of salmon and sea trout, to promote the recovery of wild stock that have been damaged by impacts of fish farms e.g. through sea lice infection. 132 Objectives Actions 4. Develop and implement strategies for sea lice management to reduce the impacts of treatment on the environment 5. Work with the industry and regulatory authorities to develop policy and guidelines for the sustainable management of salmon farms that take account of natural heritage considerations. 6. Encourage the adoption of the principles of ‘organic’ salmon farming. 7. Ensure that salmon farming does not increase the exploitation of other fish populations. 8. Encourage fish farms to adopt an independently accredited industry standard environmental management system such as ISO 14001. 9. Implement fully the Shellfish Waters Directive by designating more sites in Scottish Waters. 10. Implement the Water Framework Directive to enhance water quality around Scotland. 11. Promote the use of stock of local origin for aquaculture and prohibit introduction of alien or genetically modified (GM) species until the potential impacts on local biodiversity from escapes or disease introduction are understood. 12. Use following cycles that allow time for benthos recovery as well as the breaking of disease cycles. 13. Further develop the industry’s Code of Good Practice to ensure high standards of environmental management. To improve the water quality of estuaries and seas 1. Use the Water Framework Directive to achieve further improvements in water quality and to restore natural coastal biodiversity. 2. Maintain adequate oil spill contingency plans, give local authorities a statutory duty to contribute clean up resources. Strengthen environmental protection measure in the oil production industry. 3. Improve removal at source of all toxic substances in coastal waters. 4. Improve the enforcement of regulations to control discharges and waste disposal from shipping. 5. Ensure compliance with the requirements imposed on shipping by Marine Environmental High Risk Areas (MEHRA). 6. Develop a wide partnership project to tackle marine litter, improve traceability of materials and promote better enforcement of regulations on disposal of waste and sea. To promote access to the sea and coast for public enjoyment and Recreation 1. Plan for the recreational use of coasts, and promote responsible access to the sea and coast and to maritime recreational resources, linked to well planned visitor management. 133 Objectives Actions 2. Improve water quality for bathing, extend the Bathing Waters Directive to protect the health of people who practice water contact recreation, designate more bathing water beaches and provide better information on safe bathing beaches. 3. Increase the length and quality of coastal paths, create lines to forma better network of paths, and develop well-planned interpretation. 4. Identify and promote the use of appropriate areas of the coast for water sports and promote codes of behaviour for these sports. 5. Develop and promote the use of codes of conduct for cetacean watching, crag climbing, wild-fowling and other recreational activities. 6. Ensure wildlife tourism is operated responsibly and that codes of practice are in place and adhered to by operators and participants. 7. Include visitor management and tourism development within integrated coastal zone management and marine spatial planning. A2.4 Draft Proposed Contributory Marine Objectives (Version 0.2) Owner/Originator: Healthy & Biologically Diverse Seas Evidence Group Objective Suite Title: UK Contributory Marine Objectives Source: UKMMAS (2007) Objective Level: Intermediate level objective No. of Stated Objectives: 24 Contributory Marine Objectives (7 Human Use, 8 Healthy Functioning Ecosystems, 5 Optimising economic returns and Infrastructure, 4 Social Integration) Status: Proposed, but work was discontinued in 2007. Details: see Appendix 3 134 A2.5 Irish Sea Conservation Objectives (superseded) Owner/Originator: Irish Sea Pilot Objective Suite Title: Irish Sea Conservation Objectives Source: Vincent et al.(2004) Objective Level: High level goals, intermediate level objectives, operational objectives No. of Stated Objectives: 3 High Level Aims, 10 Intermediate level objectives (referred to as “High Level Objectives”), 39 “Operational Conservation Objectives” Status: Proposed, but not implemented. Many of the proposed objectives were reconsidered in the Review of Marine Nature Conservation Operational Objectives. Details: High Level Aims For the purpose of setting conservation objectives, the Regional Sea is considered as having three components: the physical and chemical properties of the Regional Sea, its productivity and its biodiversity. It is proposed to set an aim for each of these components as follows: 1. to maintain the physical and chemical properties of the ecosystem; 2. to maintain each component of the ecosystem so that it can make its expected contribution to the food web; 3. to prevent further loss of marine biodiversity, and promote its recovery where practicable, so as to maintain the natural richness and resilience of the ecosystem. Aim 1: To maintain the physical and chemical properties of the ecosystem High Level Objectives 1. Protect seabed features so that they can support the processes, habitats and species Ecosystem Components (illustrative) Coastal morphology Operational Conservation Objectives 1.1 Protect coastal processes from ecologically significant change due to human activity, and reverse such change where practicable. • coastal processes 135 High Level Objectives characteristic of the marine landscapes. Ecosystem Components (illustrative) Seabed habitats • substratum type • particle size composition • topography • substratum structure • siltation • physical processes • chemical processes Biogenic structures 2. To protect water column features so that they can support the processes, habitats and species characteristic of the waterbodies. 3. Protect the water quality of the component water column features so they can support the processes, habitats and species characteristic of the water column and associated seabed habitats. • saltmarshes • eelgrass beds • Sabellaria spp reefs • Modiolus reefs Water column features • • • • • • • • • • • • Tides, waves, fetch, currents Fronts Stratification Temporal changes Freshwater inputs Salinity Suspended solids Turbidity Water quality Chemical conditions Nutrients Dissolved gases Chemical pollutants • Contaminants • Organic compounds • Radioactive elements Oil • Chronic • Acute Noise and vibration Marine litter 4. Maintain biota quality Contaminants • Contaminant loads • Bioaccumulations • Health of animals 136 Operational Conservation Objectives 1.2 Protect seabed habitats from ecologically-significant change due to human activity, and reverse such change where practicable. 1.3 Protect biogenic structures from ecologically-significant change due to human activity, and reverse such change where practicable. 2.1 Protect the water column features from ecologically-significant change due to human activity, and reverse such change where practicable. 3.1 Maintain or recover water quality to within defined standards which aim to prevent ‘undesirable disturbance’ caused by eutrophication. 3.2 Ensure that environmental standards are not exceeded. 3.3 Ensure that environmental standards are not exceeded. 3.4 Reduce the input of oil from accidents, as far as practicable. 3.5 Maintain noise and vibration levels below precautionary standards aimed at protecting vulnerable marine species from disturbance. 3.6 Reduce input of litter to the marine environment to below levels aimed at protecting vulnerable marine habitats and species. 4.1 Ensure standards for contaminants in biota are not exceeded. Aim 2: To maintain each component of the ecosystem so that it can make its expected contribution to the foodweb High Level Objectives 1. Maintain production bounds of variability primary within natural 2. Maintain trophic structure so that individual species and stages can sustain their characteristic roles in the foodweb 3. Maintain mean generation times of populations within bounds of natural variability Ecosystem Components (illustrative) Trophic status • nutrient concentrations, • water clarity, • cOSSrophyll A concentration Trophic complexity • number of trophic levels • biomass at each trophic level • Habitat availability: • pelagic habitats • benthic habitats • nursery areas • spawning areas • migration pathways Predator-prey relationships • predator-induced mortality rates on prey populations • biomass of key dependent predators: o commercially exploited fish/shellfish o non-target fish species o benthic animals o birds o marine mammals Longevity • survivorship curves • mortality rate Life history strategy • changes in reproductive parameters (age of maturity, time of breeding) • lifetime reproductive success rates Reproductive potential • fecundity • spawning stock biomass 137 Operational Conservation Objectives 1.1 Ensure compliance with precautionary standards which aim to avoid ‘undesirable disturbance’ of trophic status. 2.1 Ensure harvest of all species at a specified trophic level is below precautionary limits. 2.2 To protect the extent and function of habitats, areas and pathways from significant decline due to human activities. 2.3 Reduce direct and indirect impacts upon prey populations to below levels at which their populations may be affected. 2.4 Reduce direct and indirect impacts upon key dependent predators to below levels at which their populations may be significantly affected. 3.1 Protect populations from changes in longevity which may have a significant impact upon the marine ecosystem, due to human activity. 3.2 Protect populations from changes in life history strategy which may have a significant impact upon the marine ecosystem, due to human activity. 3.3 Enable the spawning stock biomass of commerciallyexploited fish/shellfish to recover to within safe biological limits. 3.4 Increase the spawning stock biomass of commerciallyexploited fish/ shellfish stocks further, to within limits defined for an ecologically-sustainable fishery, where this is possible. High Level Objectives Ecosystem Components (illustrative) Fishing mortality Operational Conservation Objectives 3.5 Reduce fishing mortality of commercially-exploited fish/shellfish stocks to within safe biological limits 3.6 Reduce fishing mortality of commercially-exploited fish/shellfish stocks further, to within limits defined for an ecologically-sustainable fishery where this is possible. Aim 3: To prevent further loss of marine biodiversity, and promote its recovery where practicable, so as to maintain the natural richness and resilience of the ecosystem High Level Objectives 1. Maintain habitats/ communities within bounds of natural variability Ecosystem Components (illustrative) Trophic level balance • effective number of species within each trophic level • abundance of keystone species Habitat complexity • overall number of habitats/communities Areas identified as being the ‘best representative examples’ of the range of marine landscapes, water body features habitats and species Rare and sensitive habitats Habitats which are threatened by decline or have declined Non-native species 138 Operational Conservation Objectives 1.1 Protect the trophic level balance from significant changes due to human activity. 1.2 Prevent a significant decline in the habitat complexity of marine ecosystems due to human activity. 1.3 Maintain the ‘best representative examples’ in, or recover them to, as close to their natural state as practicable. 1.4 Protect rare and sensitive habitats from decline due to human activity. 1.5 Protect threatened habitats from decline due to human activity. 1.6 Enable habitats which have declined to recover to a nonthreatened state, where practicable. 1.7 Prevent the introduction of nonnative species that may adversely impact the marine environment. 1.8 Reduce impacts of existing non-native species to below levels which risk affecting the marine ecosystem, where practicable. High Level Objectives 2. Maintain species within bounds of natural variability Ecosystem Components (illustrative) Overall diversity of species Important areas for highly mobile and migratory species • spawning/breeding • calving • nursery • feeding • migration bottlenecks • nesting Species which are threatened by decline or have declined 3. Maintain populations within bounds of variability Structure among populations • metapopulation structure • distribution • habitat availability Structure within populations • population size • distribution • habitat availability • age structure Populations at risk Genetic diversity populations among Genetic diversity populations within Operational Conservation Objectives 2.1 Prevent significant changes in the overall species diversity of marine landscapes and water bodies due to human activity. 2.2 Protect the important areas for aggregations of mobile species (e.g. spawning/breeding, nursery, calving, feeding or resting areas, and migration bottlenecks). 2.3 Safeguard species which are threatened by decline due to human activity. 2.4 Promote the recovery of species which have declined, to a non-threatened state, where practicable. 3.1 Protect the structure among populations from significant change due to human activity. 3.2 Protect the structure within populations from significant change due to human activity. 3.3 Protect populations defined to be at risk and recover them to non-at risk state, where practicable. 3.4 Protect the genetic diversity among populations from significant change due to human activity. 3.5 Protect the genetic diversity within populations from significant change due to human activity. A2.6 Scottish Biodiversity Strategy (2003 ~ superseded) Owner/Originator: Scottish Biodiversity Forum 139 Objective Suite Title: Making Biodiversity matter: the strategy Source: Scottish Executive Environment Group (2003) Objective Level: High level goals and Intermediate level objectives No. of Objectives: Stated 2 aims, 4 principles, 13 objectives Superseded by a revised Scottish Biodiversity Strategy (Scottish Executive, 2004) Status: Details: Aims “The key overarching aim of the strategy is to facilitate real change on the ground to conserve and enhance Scotland’s biodiversity. In delivering the strategy and working towards the vision we will aim: • To halt the loss of Scotland's biodiversity and to continue to reverse previous losses by targeted action for species and habitats. • To raise awareness of the many benefits of biodiversity by significantly increasing the number and range of people contributing to its conservation and enhancement Table A1.1 Scottish Biodiversity Strategy (2003) Principles and Objectives Principles Providing the framework biodiversity action in Scotland Objectives for Promoting the conservation, enhancement and sustainable use of Scotland's biodiversity by placing people at the heart of the strategy • Develop integrated public policies and strategies that further the conservation and sustainable use of natural resources • Achieve greater resource and delivery efficiency for biodiversity action • Manage Scotland's use of resources in a way that considers the natural functioning of ecosystems so their future health is maintained and enhanced. • Work together towards targets identified in the UK Biodiversity Action Plan • Further develop partnership working and collaboration needed to promote initiatives, raise the profile of biodiversity and access funding • Strengthen the links between people and their natural environment through improved and appropriate biodiversity action, communication and interpretation. • Raise awareness and ownership of the values of biodiversity and the impacts (both negative and positive) that individuals can affect • Encourage and empower people and partnerships to seek appropriate solutions to local biodiversity issues 140 Gathering, developing and applying the best available existing and new knowledge to assist people in understanding, caring for , enjoying and making wise use of Scotland’s biodiversity • Cultivate an appreciation of the social and economic benefits of healthy biodiversity resource • Co-ordinate and target research on the biodiversity resource and peoples interaction with it. • Make existing knowledge and information more accessible to people • Utilise the best available knowledge to inform decisions, identify priorities for action and ensure value for money • Survey and monitor Scotland's biodiversity resource References to Appendix 2 Scottish Executive Environment Group, 2003. Towards a strategy for Scotland’s biodiversity: Biodiversity Matters! Strategy proposals. Edinburgh: Scottish Executive. Scottish Natural Heritage, 2002. Natural Heritage Futures: Coasts and Seas. Perth: Scottish Natural Heritage. Scottish Natural Heritage, 2008. Natural Heritage Futures Update: Coasts and Seas (Draft). Perth: Scottish Natural Heritage. UKMMAS, 2007. Healthy & Biologically Diverse Seas Evidence Group: Papers for 6th HBDSEG Meeting – 8th November 2007. Draft Proposed Contributory Marine Objectives (Version 0.2). Healthy & Biologically Diverse Seas Evidence Group. Vincent, M.A., Atkins, S.M., Lumb, C.M., Golding, N., Lieberknecht, L.M. & Webster, M., 2004. Marine nature conservation and sustainable development - the Irish Sea Pilot. Report to Defra by the Joint Nature Conservation Committee. Peterborough: JNCC. 141 APPENDIX 3: DRAFT CONTRIBUTORY MARINE OBJECTIVES (UKMMAS, 2007) Columns containing editing comments have been removed. Theme A – Human use Ensuring the sustainable use of marine resources for future sustainability with management decisions made in the marine environment reflecting the need to minimise risk to human health and safety. 142 Revised Draft Contributory Objective Examples of possible Indicators Achieve and maintain the sustainable and productive use of biological resources which maximise socio-economic benefits whilst minimising the unsustainable negative impacts on habitats and species. - Fishing effort. - Landings and discards. - Selectivity and impact of fishing gears. - Disturbance. - Climate change. - Eutrophication. - Contaminants. - Mortality. - Biomass. - Stock resilience. - Ecosystem properties. - Distribution. - Habitat condition. - Contribution to human ‘healthy’ diets. - Resource status and trends. - Distribution patterns. - Changing genetic diversity. - Assessment stock levels/safe biological limits - Industry Parameter/ Data - Fishery landings. Discard sampling. Gear selectivity studies. Environmental monitoring. ICES stock assessments. Surveys. Fishery databases. Habitat surveys. Driver (legislative, non-legislative, obligatory, non-obligatory) - Sea Fisheries (Wildlife Conservation) Act 1992. - Common Fisheries Policy 1983. - EC Council Regulation 602/2004 (the protection of deepwater coral reefs from the effects of trawling– north west Scotland) - Convention for the Conservation of Salmon in the North Atlantic Ocean 1982. - International Convention for the Conservation of Atlantic Tunas 1966. - North East Atlantic Fisheries Commission Convention 1982. - FAO Code of Conduct for Responsible Fisheries 1995. - International Plan of Action for reducing incidental catch of Seabirds in Longline Fisheries 1998. - International Plan of Action for the Conservation and Management of Sharks 1999. - United Nations Agreement on Evidence Collection Group PSEG (owner) HBDSEG (input required). Revised Draft Contributory Objective Examples of possible Indicators Parameter/ Data Driver (legislative, non-legislative, obligatory, non-obligatory) - Achieve and maintain the productive use of the marine environment by extractive industries to meet national needs for the security of energy supply and a built environment whilst preventing unsustainable negative impacts on habitats and species. - 143 Achieve and maintain the sustainable and productive use of renewable energy to meet EU and UK needs. Straddling Fish Stocks and Highly Migratory Fish Stocks 2001. World Summit on Sustainable Development 2002 (WSSD) Inshore Fisheries Act Conservation of Seals Act Aquaculture Regulations Convention on Biodiversity Aquaculture legislation in development Food and Environment Protection Act 1985 (FEPA) EIA/SEA Directive Kyoto Possible EU targets Electricity Act Energy Act Installed capacity. Availability. Spatial conflicts. Repair & maintenance costs. Availability of new sites. Costs to consumers. Regulatory timescales. Investment levels - Trends in generation records. - Industry surveys. - Industry information. - Government and industry stats. - Industry records. - Government info. - Production volumes. Environmental impact. Climate change. Availability of alternative sources. - Repair & maintenance needs. - Availability of new sites. - Regulatory timescales. Investment levels. - Industry surveys. - Industry information. - Government and industry statistics. - Industry records. - Government information. - Food and Environment Protection Act 1985 (FEPA). - Environmental Protection Act 1990. - Merchant Shipping (Prevention of Pollution) Regulations 1996. - Merchant Shipping & Maritime Security Act 1997. - Pollution Prevention and Control Act 1999. - Dangerous Substances Directive. - Evidence Collection Group PSEG (owner) HBDSEG (input required). PSEG (owner) HBDSEG (input required). Revised Draft Contributory Objective 144 Achieve and maintain the sustainable and productive use of the marine environment with respect to the provision of goods & services to meet national needs. Examples of possible Indicators - Competition. Environmental impact. Climate change. Availability of alternatives. Operating costs. Ability to expand. Availability of locations. Market trends. Investment levels. Parameter/ Data - Industry surveys. - Industry information. - Government and industry statistics. - Industry records. - Government information. Driver (legislative, non-legislative, obligatory, non-obligatory) - London Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter 1972. - OSPAR Offshore Oil and Gas Industry Strategy. - EIA/SEA Directive - Marine and Offshore Conservation Regulations - Aggregate Regulations - Petroleum Act - Food and Environment Protection Act 1985 (FEPA). - Environmental Protection Act 1990. - Pollution Prevention and Control Act 1999. - COSSr-alkali Directive - IPCC Council Directive 96/61/EC concerning integrated pollution prevention and control 1996. - Dangerous Substances Directive. - EU Directive on port reception facilities for ship generated waste and cargo residues. - Protocol (London Convention) on the Prevention of Marine Pollution by Dumping Wastes and Other Matter 1972. - Titanium Dioxide Directive. - International Convention on the Control of Harmful Anti-Fouling Systems on Ships. - International Convention for the Prevention of Pollution from Ships Evidence Collection Group PSEG (owner) HBDSEG (input required). Revised Draft Contributory Objective 145 Prevent contaminants, toxins, and microbiological and radioactive contamination of seafood from reaching concentrations that present a significant risk to human health. Prevent contaminants, toxins, and microbiological and radioactive contamination of marine and coastal ecosystems from reaching concentrations that present a significant risk to human health. Examples of possible Indicators - Contaminant concentrations in UK (and imported?) harvested seafood to be lower than the relevant standard. - Contaminant concentrations in feeding stuffs to be lower than the relevant standard. - Proportion of harvesting areas closed each year (include duration of closures). - All sites achieving at least Class B and moving towards Class A or Shellfish Growing Waters guideline standards - All Bathing identified and nonidentified bathing waters under the Bathing Waters Directive meet mandatory standards and moving towards guideline standards. - Dose to humans less than statutory limits. Parameter/ Data - FSA Shellfish Hygiene programme. - FSA chemical contaminants survey programmes. - FSA Scotland Survey Programme. - FSA programme. Driver (legislative, non-legislative, obligatory, non-obligatory) 1973. - UN Convention on the Law of the Sea (UNCLOS). - Protection of Wrecks Act 1973 - Defence Acts/Regs (various ones) - IEA/SEA Directive - Urban Wastewater Treatment Directive - OSPAR Convention - COPA - WRA - Harbours Act - Telecoms Act - EU Food Hygiene Regulations. - Shellfish Growing Waters Directive. - Water Framework Directive - EU Fish and Shellfish Disease legislation Evidence Collection Group CSSEG (owner) feedstuffs - Bathing waters programme. - Dose rates. - Release rates. - Inter-tidal exposure rates. - RIFE. - Bathing Waters Directive. - Urban Waste Water Treatment Directive. - Water Framework Directive - Radioactive Substances Act 1993. - Council Directive 96/29/EURATOM. - OSPAR Strategy for Radioactive CSSEG (owner) Revised Draft Contributory Objective Prevent anthropogenic sourced litter from reaching levels which affect amenity (aesthetics & safety) value of the marine environment. Examples of possible Indicators - Temporal trends in dose to humans. - Aquatic and Gaseous Discharge trends. - good ecological status/potential and good chemical status - Continuous reduction in numbers of items per kilometre of beach. - Offshore waters achieve some standard for litter items per square Km. Parameter/ Data Driver (legislative, non-legislative, obligatory, non-obligatory) Evidence Collection Group Substances. - MCS Adopt-a-beach/ beachwatch. - OSPAR Marine Litter Monitoring Programme. - KIMO Fishing for litter project. - CSEMP. - Clean Neighbourhoods Environment Act 2005. - Environment Act 1995. - Northern Ireland Litter Order. & CSSEG (owner) 146 Theme B - Healthy functioning ecosystems Ensure ecosystem integrity, adaptability and resilience is maintained in light of anthropogenic and natural disturbances, allowing for a suitable range of biodiversity in our oceans and preventing further declines in species and habitats, enhancing where possible Revised Draft Contributory Objective Examples of possible Indicators Support, and where appropriate restore, the distribution, extent and character of marine ‘landscapes’ and habitats. - Observed damage (e.g. trawl/dredge tracks). - Extent of habitats (area). - Classification of coastal waters (integrating at a landscape level). - Distribution, extent and Parameter/ Data Driver (legislative, non-legislative, obligatory, non-obligatory) - Environment Act 1995. - Convention for the International Council for the Exploration of the Seas (ICES). - Proposed Marine Strategy Directive. - OSPAR Biological Diversity and Evidence Collection Group HBDSEG (owner) Revised Draft Contributory Objective Examples of possible Indicators Driver (legislative, non-legislative, obligatory, non-obligatory) character (type) of landscapes/habitats. - Extent of habitats with high structural complexity e.g., biogenic reefs - good ecological status/potential and good chemical status Ecosystems Strategy. - Conservation (Natural Habitats) Regulations 1994. - Countryside & Rights of Way Act (CROW) 2000. - Wildlife and Countryside Act 1981. - Nature Conservation (Scotland) Act 2004. - Habitats Directive. - Water Framework Directive (WFD). - Bern Convention for the Conservation of European wildlife and natural habitats 1982. - The Convention on Wetlands of International Importance (The Ramsar Convention) 1971. - World Heritage Convention 1972. - Birds Directive - Amount of marine litter e.g. loss of fishing gear. - Ghost fishing i.e. loss of gear and litter on seabed. - Mass mortality events e.g. fish kills, bird strikes etc. - Extinction events. - Indicator on populations - Benthic community indicators such as IQI/biodiversity measures under WFD/Habitats Directives - Planktonic indicators of ecosystem status, primary - Environment Act 1995. - Convention for the International Council for the Exploration of the Seas (ICES). - Proposed Marine Strategy Directive - OSPAR Biological Diversity and Ecosystems Strategy. - Water Framework Directive (WFD). - Conservation of Seals Act 1970. - Sea Fisheries (Wildlife Conservation) Act 1992. - UK Biodiversity and Action Plan (BAP) 2002. 147 Support, and where appropriate restore, biodiversity and ecological patterns and processes. Parameter/ Data Evidence Collection Group HBDSEG (owner) Revised Draft Contributory Objective Examples of possible Indicators - - 148 production (CPR and remote sensing data) Secondary production (zooplankton), biogeographical changes, phenology changes, harmful algal blooms, etc. Marine Mammal stranding autopsy reports Non native species Status of protected species Patterns of biodiversity Marine Mammal stranding autopsy reports good ecological status/potential and good chemical status Parameter/ Data Driver (legislative, non-legislative, obligatory, non-obligatory) - Wildlife and Countryside Act (1981). - Nature Conservation (Scotland) Act 2004. - Birds Directive. - Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) 1995. - Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS) 1992. - Bern Convention for the Conservation of European wildlife and natural habitats 1982. - Agreement on the Conservation of Albatrosses and Petrels (ACAP) 2004. - Convention on Biological Diversity (CBD) 2004. - Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 1975. - International Convention for the Regulation of Whaling 1946. - International Plan of Action for the Conservation and Management of Sharks 1999. - World Summit on Sustainable Development 2002 (WSSD). - European Landscaping Convention - [Habitats Directive] - Northern Ireland legislation - EU Fish and Shellfish Regulations - Fish and Shellfish Disease Act Evidence Collection Group 149 Revised Draft Contributory Objective Examples of possible Indicators Parameter/ Data Driver (legislative, non-legislative, obligatory, non-obligatory) Evidence Collection Group Prevent those anthropogenic activities which affect the physical and hydrographical conditions in the marine environment from negatively impacting on ecosystem integrity and viability in an unsustainable manner. - Seabed erosion and sediment type change. - River mouth flow (rates). - Classification of coastal waters (integrating at a landscape level) – e.g. seagrasses, mudflats etc. - Habitat connectivity. - good ecological status/potential and good chemical status - Strategic Environment Assessment (SEA) Directive. - Water Framework Directive (for hydromorphological aspects). - Bergen Declaration 2002. - Habitats Directive - Birds Directive HBDSEG (owner) Prevent those anthropogenic activities affecting the chemical and biological characteristics of the marine environment from negatively impacting ecosystem processes, and the range, distribution, diversity and health of species and communities in an unsustainable manner. - Concentrations of contaminants in top level predators, marine mammals, birds, etc. - Marine Mammal stranding autopsy reports - Nutrients (winter nutrient max, total nitrogen, nitrate:phosphate ratio). - Species as indicators of pollution e.g. organic. - Temperature - pH, - Salinity regime - Marine Mammal stranding autopsy reports - good ecological status/potential and good chemical status - Environment Act 1995. - Convention for the International Council for the Exploration of the Seas (ICES). - OSPAR Convention. - Proposed Marine Strategy Directive. - Water Framework Directive. - Habitats Directive - Birds Directive - Nitrates directive HBDSEG (owner) 150 Revised Draft Contributory Objective Examples of possible Indicators Prevent anthropogenic inputs of contaminants from reaching concentrations in the marine environment that present a significant risk to marine habitats and species. - Inputs continue to move towards cessation targets. - Trends in concentrations continue to reduce to zero or background levels. - Measured effects meet Environmental Quality Standards (EQS). - Measured effects do not exceed Environmental Assessment Criteria (EAC). - EcoQO’s. - Marine Mammal stranding autopsy reports Parameter/ Data Driver (legislative, non-legislative, obligatory, non-obligatory) CAMP. RID. Oil and Gas. Accidents. Munitions. CSEMP trend determinands. - CSEMP determinands. - Environment Act 1995. - Food and Environment Protection Act 1985 (FEPA). - Environmental Protection Act 1990. - Pollution Prevention and Control Act 1999. - COSSr-alkali Directive. - OSPAR Convention. - IPCC Council Directive concerning integrated pollution prevention and control 1996. - Dangerous Substances Directive. - London Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter 1972. - Proposed Marine Strategy Directive. - OSPAR Biological Diversity and Ecosystems Strategy. - OSPAR Strategy for Hazardous Substances. - OSPAR Offshore Oil and Gas Industry Strategy. - Titanium Dioxide Directive. - Water Framework Directive. - International Convention on the Control of Harmful Anti-Fouling Systems on Ships. - Habitats Directive - Birds Directive - Evidence Collection Group CSSEG (owner) HBDSEG (input required) 151 Revised Draft Contributory Objective Examples of possible Indicators Parameter/ Data Driver (legislative, non-legislative, obligatory, non-obligatory) Minimise ‘undesirable disturbance’ in the marine environment arising from eutrophication. - Eutrophication status of UK waters as assessed by Comprehensive Procedure & EU Directives does not decline. - Nutrients. - COSSrophyll (pigmented classification). - Phytoplankton. - Macroalgae. - Dissolved oxygen. - Organic carbon. - Benthic invertebrates. - good ecological status/potential and good chemical status - Environment Act 1995 - OSPAR Convention. - Proposed Marine Strategy Directive. - Nitrates Directive. - OSPAR Eutrophication Strategy. - Water Framework Directive - Urban Waste Water Treatment Directive. Prevent anthropogenic sourced litter from reaching levels which present a significant negative impact to marine habitats and species. - Meet OSPAR EcoQO for plastic in seabirds. - Number of items per kilometre of beach. - Marine Mammal stranding autopsy reports. - Concentrations of microplastic litter. - Ghost fishing/nets. - Plastic particles in seabirds. - MCS beachwatch survey. - Kimo Fishing for Litter. - Sediment samples. analysed by Plymouth University. - Clean Neighbourhoods Environment Act 2005. - Environment Act 1995. - Northern Ireland Litter Order. Characterise atmospheric contribute to understanding interactions. - ocean and processes to the overall UK of environmental Long-term mean sea level. Sea surface temperature. Wave height (significant). Species as indicators climate change. - pH - Salinity regime of & - Convention for the International Council for the Exploration of the Seas (ICES). - Proposed Marine Strategy Directive. - United Nations Framework Convention on Climate Change (UNFCCC) 1994. Evidence Collection Group CSSEG (owner) HBDSEG (owner) CSSEG (input required) HBDSEG (owner) Theme C - Optimising economic returns and Infrastructure. Promote a sustainable marine industry and encourage profitable and efficient businesses who take a responsible approach to business practice in the marine environment. Ensure a efficient regulatory framework and other systems are available to support business and trade in the marine environment. Revised Draft Contributory Objective Promote and maintain sustainable and viable maritime industries. Examples of possible Indicators 152 - - - Promote efficient access to, and use of marine data and information. Climate. Globalisation. Competition. EU & National policies. Business failure rates compared with UK norms and downturn in economic investment. Trend in employment levels. Business growth rates. Levels of innovation. Tourism Good environmental performance which is measurable and quantifiable in national and international terms. implementation of technological advances Parameter/ Data - Trend in %GDP and GVA. - Trend in Exports. - Trend in employment levels. - Trends in skill levels. - Trends in accident rates. - Trends in investment. Driver (legislative, non-legislative, obligatory, non-obligatory) Evidence Collection Group - Crown Estate Act PSEG (owner) - Freedom of Information Act 2000. - Freedom of Information (Scotland) Act 2001 CSSEG, HBDSEG, and PSEG, Revised Draft Contributory Objective 153 Achieve and maintain fit-forpurpose regulatory regime with demonstrable environmental benefits whilst reducing administrative and financial burdens. Examples of possible Indicators - Costs. Controls/red tape. Timescales. Success rates. Spread and mix development/use. - Business confidence. - Capital investment. Parameter/ Data of - Periodic statistics (Industry and Government). - Meeting delivery targets. - Minimising environmental harm (reduction in footprint of activity). - Reduction in impacts (chemical, biological, physical, economic). - Changes in seascape due to use and placement of physical structures. - New technology. - Participation. - Collaboration with Government on policy Driver (legislative, non-legislative, obligatory, non-obligatory) Evidence Collection Group - Infrastructure for spatial information in Europe (INSPIRE) Directive - Environmental Information Regs (EIR). - European Environment Agency Annual Management Plan - Marine Data. - Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). (coowners) - FEPA PSEG (owner) - Better Regulation Revised Draft Contributory Objective Examples of possible Indicators Parameter/ Data Driver (legislative, non-legislative, obligatory, non-obligatory) Evidence Collection Group development. - Trend in some measure of efficiency of the process. Maintain an effective evidence base for decision making in the marine environment. 154 Maintain the ability to identify and respond to current and future pressures of climate change on the marine environment. CSSEG, HBDSEG, and PSEG, (coowners) - Phytoplankton concentrations and species. - Nutrient changes (concentration) in winter maxima onshore and offshore. - Changes in CO2 air-sea exchanges. - United Nations Framework Convention on Climate Change (UNFCCC) (1994) CSSEG, HBDSEG, and PSEG, (coowners) Theme D - Social integration Building strong cohesive communities that take an active role in managing the marine and coastal environment, recognising that the benefits arising from using the oceans and seas and their resources will be shared equitably within society. Revised Draft Contributory Objective Examples of possible Indicators Provide and maintain adequate opportunities for stakeholder engagement and participation in the decision making process. - MCS beachwatch style campaigns - Report Cards to test public understanding - Examples from omnibus surveys (UK Nat statistics office) 155 Provide and maintain effective communication, education, and knowledge transfer with respect to marine issues. Reduce social exclusion and promote social cohesion in coastal communities. Parameter/ Data Legislative and Obligatory Driver Evidence Collection Group - Agenda 21 - ICZM demonstration programme - Other EU supported projects delivered by local authorities to support coastal and marine projects - Non-statutory Marine Conservation Areas (e.g., Marine Sites of Nature Conservation Importance) - UKBAP and LBAP processes, targets, etc CSSEG, HBDSEG, and PSEG, (coowners) CSSEG, HBDSEG, and PSEG, (coowners) - Degree of social exclusion - Number of second homes - Relative household prosperity PSEG (owner) Revised Draft Contributory Objective Examples of possible Indicators Promote and support dynamic and sustainable coastal economies. - Loss of cultural distinctness - Patterns of sectional employment - Volume of traffic - Intensity of tourism - Sustainable tourism. Parameter/ Data Legislative and Obligatory Driver Evidence Collection Group PSEG (owner) 156 APPENDIX 4: CASE STUDY – THE APPROACH OF HELCOM A4.1 The ecosystem approach in the Baltic Sea The semi-enclosed Baltic Sea has major problems from eutrophication, build-up of hazardous chemical contaminants, and depleted natural resources (HELCOM, 2003), leading to what has been described as a “whole ecosystem regime shift” – problems much greater than experienced around the seas of Scotland. Since signing the Helsinki Convention in 1974, the countries with coasts around the Baltic Sea (including Russia and other non-EU countries) have worked through the Helsinki Commission (HELCOM) with the aim of achieving ecological restoration in the Baltic Sea. The European Community signed the revised Helsinki Convention in 1992. In 2003, the contracting parties of HELCOM agreed to adopt the “ecosystem approach to the management of human activities” to further the goal of attaining good ecological status for the Baltic Sea (Backer & Leppänen, 2008). Essentially this committed the HELCOM states to developing and applying ecological objectives and appropriate indicators for ‘good ecological status’, as stipulated in the EU Water Framework Directive. Although strictly this directive is valid only for inland and coastal waters of EU Member States, this agreement extended its remit to cover the whole Baltic Sea (and it was therefore de facto also adopted by non-EU states). Backer & Leppänen (2008) explain how the approach changed in 2003:“In the ecosystem approach, the state of the ecosystem itself is used as a measure by which to identify, plan and implement management actions needed to combat pollution and to promote protection, as well as sustainable use and development, of the environment. The state of the ecosystem is defined by comparing the present level of selected indicators to agreed target levels representing a good, but not necessarily pristine, state. In general, the holistic concepts characteristic of the ecosystem approach have been a part of the thinking of many Baltic Sea scientists for over half a century which can also be seen in the wide thematic coverage of HELCOM environmental assessments… The novelty of the approach is the aim to quantify a good ecological status of the Baltic Sea. While the previous HELCOM management regime for nutrients was based on a flat 50% reduction target for land-based nitrogen and phosphorus inputs in relation to 1992 levels, the agreed ecosystem approach process aims at substituting these targets with those needed to reach good ecological status.” During 2004–2005, working groups of national experts defined the major features of good ecological status, including a vision, goals and objectives, based on the model in figure A4.1 . Figure A4.1: The HELCOM hierarchy for defining good ecological status (from Backer & Leppänen, 2008; modified from HELCOM, 2006) 157 Backer & Leppänen (2008) described the HELCOM approach further:“In the assessment system adopted, the ‘Vision’ describes the overall ambition of HELCOM; ‘Strategic goals’ define major issues of concern (e.g. eutrophication); and ecological objectives describe central characteristics of a healthy sea (e.g. clear water). ‘Indicators’ (e.g. summertime Secchi depth [a standardised measure of water clarity]) are the selected quantitative proxies of ecological state. Finally, the ‘Targets’ define the indicator values representing acceptable deviation from reference conditions, defined by historical background levels, modelling or expert judgement, for the given indicator and specified area… The HELCOM system of a vision, strategic goals and objectives aim at a holistic approach and the goals and objectives are highly interlinked. As an example, natural landscapes and seascapes are not achievable without natural levels of algal blooms and oxygen, or viable populations of species without healthy wildlife.” Under this system, four strategic goals were agreed and adopted in 2006, to reflect the main management mandate of HELCOM. The resulting vision, goals and objectives are shown in figure A4.2 below. Figure A4.2: General outline of the HELCOM system of ecological objectives. For each objective, a number of indicators with target levels must be agreed upon (from Backer & Leppänen, 2008; modified from HELCOM, 2006). 158 A4.2 Establishing targets and indicators for the Baltic Sea Critical to this process is the setting of targets and indicators to measure whether these objectives are being achieved. Work on this is still underway, and is now also being refined to take into account the requirements of the European Marine Strategy Framework Directive. Backer & Leppänen (2008) gives further information on this process:“The development of a coherent set of ecosystem assessment indicators to quantify good ecological status, and their associated ecological objectives, is a major task for present activities within the HELCOM ecosystem approach process (HELCOM, 2006). It can be anticipated that some objectives, such as ‘clear water’ and ‘natural nutrient concentrations’, can be assessed with one or only a few indicators, while other objectives may need several indicators for quantification, especially such objectives as ‘healthy wildlife’ and the three objectives under biodiversity (Figure A4.2). The aim is to use indicators which are based on existing, and emerging, monitoring programmes such as the HELCOM coordinated monitoring programme COMBINE. At present, approximately 20 annually updated indicator fact sheets are available on the HELCOM website covering some, but not all, ecological objectives. Most importantly, the indicators should be provided with target levels reflecting favourable status. It is of central importance that the effects of global climate change to the Baltic Sea ecosystem (HELCOM, 2007) are acknowledged and that the ‘shifting baseline syndrome’ is avoided by rigid scientific scrutiny of the underlying information when drafting and agreeing upon targets for the selected indicators.” For the purposes of this report, it is interesting to note that HELCOM is aiming to base its programme of indicators, as far as possible, on monitoring programmes that are already underway or proposed, and that it appears to be seeking to keep the number of indicators to as small a number as possible, while still seeking to ensure that these have the rigour necessary to tell whether or not the objectives are being achieved. This broadly parallels the recommendations we have made in chapters 2 and 3. The comment about the ‘shifting baseline syndrome’ in the light of climate change is especially important to take into account in developing the set of Marine Ecosystem Standards for Scotland. A4.3 The HELCOM Baltic Sea Action Plan This work then fed into a Baltic Sea Action Plan, launched at a ministerial meeting in 2007. This aims to restore the good ecological status of the Baltic marine environment by 2021 (the original planned deadline also for good environmental status in the European Marine Strategy Framework Directive, although was this was amended to 2020 during the codecision process in the European Parliament and Council of Ministers). The full text of the plan can be view from www.helcom.fi/BSAP/en_GB/intro/ , and of particular interest, with respect to this report, is the text on indicators and targets for monitoring and evaluation of implementation of the Baltic Sea Action Plan at www.helcom.fi/BSAP/ActionPlan/otherDocs/en_GB/indicators/ . This shows that the ecological objectives for eutrophication will be measured by the following indicators: • Winter surface concentrations of nutrients reflecting the ecological objective “Concentrations of nutrients close to natural levels” 159 • Summer Secchi depth reflecting the ecological objective “Clear water” (with specific measurable targets for each sub-basin of the Baltic) • COSSrophyll at concentrations reflecting the ecological objective “Natural level of algal blooms” • Depth range of submerged vegetation reflecting the ecological objective “Natural distribution and occurrence of plants and animals” • Area and length of seasonal oxygen depletion reflecting the ecological objective “Natural oxygen levels”. Ecological objectives for nature conservation and biodiversity will be measured by the following initial indicators and targets: Natural marine and coastal landscapes Targets: • By 2010 to have an ecologically coherent and well-managed network of Baltic Sea Protected Areas (BSPAs), Natura 2000 areas and Emerald sites in the Baltic Sea, • By 2012 to have common broad-scale spatial planning principles for protecting the marine environment and reconciling various interests concerning sustainable use of coastal and offshore areas, including the Coastal Strip as defined in HELCOM Rec. 15/1, • By 2021 to ensure that “natural” and near-natural marine landscapes are adequately protected and the degraded areas will be restored. Preliminary indicators: • Designated BSPAs, Natura 2000 and Emerald site area as percentage of total subregion area, • Percentage of important migration and wintering areas for birds within the Baltic Sea area which are covered by the BSPAs, Natura 2000 and Emerald sites, • Percentage of marine and coastal landscapes in good ecological and favourable status, • Percentage of endangered and threatened habitats/biotopes’ surface covered by the BSPAs in comparison to their distribution in the Baltic Sea, • Trends in spatial distributions of habitats within the Baltic Sea regions. Thriving and balanced communities of plants and animals Targets: • By 2021 to ensure that the spatial distribution, abundance and quality of the characteristic habitat-forming species, specific for each Baltic Sea sub-region, extends close to its natural range, • By 2010 to halt the degradation of threatened and/or declining marine biotopes/habitats in the Baltic Sea, and by 2021 to ensure that threatened and/or declining marine biotopes/habitats in the Baltic Sea have largely recovered, • To prevent adverse alterations of the ecosystem by minimising, to the extent possible, new introductions of non-indigenous species. Preliminary indicators: 160 • Percentage of all potentially suitable substrates covered by characteristic and healthy habitat-forming species such as bladderwrack, eelgrass, blue mussel and stoneworts, • Trends in abundance and distribution of rare, threatened and/or declining marine and coastal biotopes/habitats included in the HELCOM lists of threatened and/or declining species and habitats of the Baltic Sea area, • Trends in trophic structure and diversity of species (e.g. caught in scientific surveys), • Trends in the numbers of detections of non-indigenous aquatic organisms introduced into the Baltic Sea. Viable populations of species Targets: • By 2021 all elements of the marine food webs, to the extend that they are known, occur at natural and robust abundance and diversity, • By 2015, improved conservation status of species included in the HELCOM lists of threatened and/or declining species and habitats of the Baltic Sea area, with the final target to reach and ensure favourable conservation status of all species, • By 2012 spatial/temporal and permanent closures of fisheries of sufficient size/duration are established thorough the Baltic Sea area, • By 2009, appropriate breeding and restocking activities for salmon and sea trout are developed and applied and therefore genetic variability of these species is ensured, • By 2009 illegal, unregulated and unreported fisheries are close to zero, • By 2008 successful eel migration from the Baltic Sea catchment area to the spawning grounds is ensured and national programmes for conservation of eel stocks are implemented, • By 2015, as the short-term goal, to reach production of wild salmon at least 80%, or 50% for some very weak salmon river populations, of the best estimate of potential production, and within safe genetic limits, based on an inventory and classification of Baltic salmon rivers, • By 2015, to achieve viable Baltic cod populations in their natural distribution area in Baltic proper, • By 2015, to have the re-introduction programme for Baltic sturgeon in place, and - as a long term goal, after their successful re-introduction has been attained - to have best natural reproduction, and populations within safe genetic limits in each potential river, • By 2015 by-catch of harbour porpoise, seals, water birds and non-target fish species has been significantly reduced with the aim to reach by-catch rates close to zero, • By 2015 discards of fish are close to zero (<1%). Preliminary indicators: • Trends in the number of threatened and/or declining species, • Abundance, trends and distribution of Baltic seal species compared to the safe biological limit (limit reference level) as defined by HELCOM HABITAT, • Abundance, trends, and distribution of Baltic harbour porpoise, • Number of rivers with viable populations of Baltic sturgeon, 161 • Spawning stock biomass of western Baltic cod and eastern Baltic cod compared to precautionary level (Bpa) as advised by ICES and/or defined by EC management plans, • Fishing mortality level of western Baltic cod and eastern Baltic cod, compared to precautionary level (Fpa) as advised by ICES and/or defined by EC management plans, • Trends in numbers of discards and by-catch of fish, marine mammals and water birds, • Number of entangled and drowned marine mammals and water birds, • Number of salmon rivers with viable stocks, • Trends of salmon smolt production in wild salmon rivers. There are also stated targets and indicators for hazardous substances and maritime activities. Many of these seem to relate to specifically Baltic problems, but they will repay further consideration in developing Marine Ecosystem Standards for Scotland. We also note the HELCOM approach of reporting on progress by publishing, and regularly updating, a series of ‘indicator factsheets’ (37 of which are online at the time of writing at www.helcom.fi/environment2/ifs/ifs2007/en_GB/cover/ ). We reproduce the full list of these HELCOM indicator fact sheets in Table A3.1 below, as some of these might be worthy of further consideration as exemplars for the proposed range of Marine Ecosystem Standards for Scotland. We commend the transparency of this indicator factsheet approach as one that Marine Scotland should consider once it has begun its work. References to Appendix 4 Backer, H & Leppänen, J-M 2008 The HELCOM system of a vision, strategic goals and ecological objectives: implementing an ecosystem approach to the management of human activities in the Baltic Sea Aquatic Conserv: Mar. Freshw. Ecosyst. 18: 321–334 HELCOM 2003 Proceedings 87. The Baltic marine environment 1999–2002. Baltic Sea Environment HELCOM 2006 Helsinki Commission – Baltic Marine Environment Protection Commission, Minutes of the 27th Meeting Helsinki, Finland, 8–9 March 2006 (www.helcom.fi) HELCOM 2007 HELCOM thematic assessment of climate change in the Baltic Sea area, 2007. Baltic Sea Environment Proceedings 111. 162 Table A4.1: List of 2007 HELCOM Indicator Fact Sheets Water exchange between the Baltic Sea and the North Sea, and conditions in the deep basins Hydrography and oxygen in deep basins Total and regional Runoff to the Baltic Sea Water transparency in the Baltic Sea between 1903 and 2006 Development of Sea Surface Temperature in the Baltic Sea in 2006 Wave climate in the Baltic Sea 2006 The ice season 2006-2007 Nitrogen emissions to the air in the Baltic Sea area Atmospheric nitrogen depositions to the Baltic Sea during 1995-2005 Waterborne loads of nitrogen and phosphorus to the Baltic Sea Spatial distribution of the winter nutrient pool Phytoplankton spring bloom biomass in the Gulf of Finland, Northern Baltic and Arkona Basin in 2007 Cyanobacterial blooms in the Baltic Sea Cyanobacteria bloom index Bacterioplankton growth rate Temporal and spatial variation of dissolved nutrients and cOSSrophyll a in the Baltic Sea in 2006 Atmospheric emissions of heavy metals in the Baltic Sea region Atmospheric depositions of heavy metals on the Baltic Sea Waterborne loads of heavy metals to the Baltic Sea Atmospheric emissions of PCDD/Fs in the Baltic Sea region Atmospheric depositions of PCDD/Fs on the Baltic Sea Heavy metals in Baltic Sea water, 1993-2006 Temporal trends in contaminants in Herring in the Baltic Sea in the period 1980-2005 Cadmium concentrations in fish liver Lead concentrations in fish liver Mercury concentrations in fish muscle TCDD-equivalents in herring muscle and guillemot egg PCB concentrations in fish muscle Hexabromocyclododecane (HBCD) concentrations in herring muscle and Guillemot egg Concentrations of the artificial radionuclide caesium-137 in Baltic Sea fish and surface waters Total amounts of the artificial radionuclide caesium -137 in Baltic Sea sediments Liquid discharges of Cs-137, Sr-90 and Co-60 into the Baltic Sea from local nuclear installations Shifts in the Baltic Sea summer phytoplankton communities in 1992-2006 Temporal development of Baltic coastal fish communities and key species The recent aquatic invasive species American comb jelly Mnemiopsis leidyi in the Baltic Sea Ecosystem regime state in the Baltic Proper, Gulf of Riga, Gulf of Finland, and the Bothnian Sea Illegal discharges of oil in the Baltic Sea in 2006 163 APPENDIX 5: CASE STUDY – AN ECOSYSTEM APPROACH IN CANADIAN WATERS – THE EASTERN SCOTIAN SHELF Fisheries and Oceans Canada (DFO) is responsible for developing and implementing policies and programs in support of Canada’s scientific, ecological, social and economic interests in oceans and fresh waters. An ecosystem approach was adopted by DFO as a basis for managing human activities in the oceans, under Canada’s Oceans Act (1997)29 and related policy instruments such as the DFO Strategic Plan30 and Canada’s Ocean Strategy31. One of the keystones of the Oceans Act is the implementation of integrated ocean management, a process aimed at addressing the multiple and potential competing uses in the oceans while considering the impacts from these activities at the ecosystem level. An early central component of the Canadian approach was the adoption and development of ecosystem objectives which were progressed through a Working Group on Ecosystem Objectives made up of representatives from a wide range of sectors and from various DFO Regions. A5.1 The Development of Ecosystem Objectives in Canadian waters In 2001, DFO held a workshop on objectives and indicators for ecosystem-based management (commonly referred to as the ‘Dunsmuir Workshop’) with the specific aim of identifying ecosystem-level objectives and discussing and developing a national level framework for evaluating progress against such objectives. As a high level starting point, two broad overarching goals for ecosystem-based management were proposed (Jamieson et al., 2001): • the sustainability of human usage of environmental resources and; • the conservation of species and habitats, including those other ecosystem components that may not be utilised by humans While it was recognised that humans were part of the ecosystem and that societal and socioeconomic considerations were important to consider, this workshop concluded that this element required additional discussion and would require expertise that was absent at that time, so that the discussion thereafter concentrated on addressing the second of the above goals. The ‘conservation’ high level goal was subsequently assigned three ‘Conceptual Objectives’, each defined by ecosystem properties relating to ecosystem structure (biodiversity), ecosystem function (productivity) or habitat (physical and chemical elements): • to conserve enough components (ecosystem, species, populations etc.) so as to maintain the natural resilience of the ecosystem 29 http://laws.justice.gc.ca/en/showtdm/cs/O-2.4 30 http://www.dfo-mpo.gc.ca/dfo-mpo/glance-coup_oeil-eng.htm 31 http://www.dfo-mpo.gc.ca/oceans-habitat/oceans/ri-rs/cos-soc/index_e.asp 164 • • to conserve each component of the ecosystem so that it can play its historic role in the food web (i.e. not cause any component of the ecosystem to be altered to such an extent that it ceases to play its historic role in the higher order component to conserve the physical and chemical properties of the ecosystem The Conceptual Objectives were further disaggregated into Conceptual Objective ‘Components’ (Figure A5.1). Conceptual Objectives and their components were, however, still at a relatively high level, consisting of broad statements with a lack of specificity and were intended to serve as government or organisational policy statements, which would be understandable by a broad audience. Broad Ecosystem Goals Conceptual Objectives (Habitat) Conceptual Objectives C t Figure A5.1. DFO Ecosystem objective conceptual framework proposed at the 2001 ‘Dunsmuir Workshop’ (adapted from Jamieson et al., 2001). It was recognised that the broad nature of Conceptual Objectives rendered them vulnerable to differences in interpretation. In addition, they still provided no clear elements from which a practical management strategy could be guided. For this to be achieved an ‘unpacking’ process had to be initiated, where Conceptual Objectives were reduced (sometimes over 165 several iterations) to a level that could be associated with a defined management action, which would itself be guided by a quantifiable entity. A management action might, for example, be initiated by the degree of divergence of a measurable indicator from a reference point. Objectives that could be associated with management actions were termed ‘Operational Objectives’ (Jamieson et al., 2001) and these were defined by the format: Verb (e.g. maintain) + Indicator (e.g., biomass) + Reference Point (e.g., >50,000 t) The workshop went on to develop a series of example indicators and reference points to demonstrate the process of underpinning a suite of suggested Operational Objectives. An illustrative example of the relationship between a Conceptual Objective Component and the corresponding Operational Objective is shown in Table A5.1. Table A5.1. Example (extract) of a Conceptual Objective Component leading to associated Operational Objectives (from Jamieson et al., 2001). Conceptual Objective C. O. Component Characteristics Indicators (illustrative) Conserve ecosystem components Maintain species within the bounds of natural variability Numbers species Numbers species in location of Species at risk Reference points Operational Objective of a Possibly based on undisturbed situations Maintain numbers of species > some minimum RP Many tools developed: Population of species before becoming “at risk” Rebuild species at risk above reference points within a specified time frame Reference levels perhaps based on existing or undisturbed situations relative to results of a population viability analysis Maintain ESUs within species - Evolutionary significance units Abundance Size structure Organism condition Growth rate Numbers of breeding individuals in the ESU Further refinements, based on suggestions made at the workshop were incorporated into the hierarchical structure (Figure A5.2) and, while some of the terminology was subtly different, the processes directing the unpacking process remained the same. 166 High level policy objective (e.g. conserve biodiversity) Next level of specificity: Biodiversity Conservation Objective (e.g. maintain habitat structure and complexity within bounds of natural variability) Next level of specificity: Habitat Objective (e.g. maintain critical rare and sensitive species) MEQ, or Operational (Habitat) Objective Relate to indicators, Reference Points (e.g. maintain 100% of eelgrass habitat undisturbed) Figure A5.2. Revised example of the conceptual objective unpacking process (after Jamieson & McCorquodale, 2007). A5.2 Implementation Progress in Canada Canada currently has five regional integrated management initiatives, two of which were selected at an early stage as large-scale “laboratories” for testing the application of management based on ecosystem objectives. The selected test sites were the Gulf of Maine Area (GOMA) and the Eastern Scotian Shelf Integrated Management (ESSIM) Initiative. Progress has been significantly greater in the latter and is examined below. The ESSIM Initiative32 commenced in December 1998 and was established to develop and implement an integrated management plan for the eastern Scotian Shelf, a Large Ocean Management Area (LOMA) off the east coast of Nova Scotia, consisting of approximately 325,000 km2, with the boundary incorporating the eastern Scotian Shelf and the adjacent slope area (Figure A5.3). The plan, with associated strategies and actions, is intended to promote a collaborative process which will achieve ecological, social, economic and institutional sustainability in the offshore areas, specifically beyond the 12 nautical mile Territorial Sea (Walmsley et al., 2007). 32 http://www.dfo-mpo.gc.ca/media/back-fiche/2005/mar01-eng.htm 167 Initially, the high level objectives developed at a national level in the Dunsmuir Workshop were taken as the basis for developing more specific objectives for the Eastern Scotian Shelf. Through a series of Working Groups, a selection of ecosystem elements and objectives were refined to reflect regional relevance, while remaining consistent with the overall national ecosystem-based framework. A strongly stated aim of the present ESSIM plan is the application of objectives-based or outcome-orientated management, underpinned by three overarching goals for which associated “outcome statements” have been developed (Table A5.2). These goals are the apex around which a hierarchy of elements, strategic-level objectives and operational objectives are organised. The first goal “collaborative governance and integrated management” is considered to be the primary goal above all others, since it establishes “…the creation of an enabling environment for achieving the goals of sustainable human use and healthy ecosystems” (DFO, 2007). The nomenclature is specific to the ESSIM plan. Elements are recognised components or attributes for which objectives need to be developed in order to achieve the desired goals. Strategic-level objectives are objectives that are developed for each element under the broader goals and express a desired outcome for each element and the general management direction necessary to achieve the outcome. Operational objectives are more specific objectives that support the achievement of strategic-level objectives and are used to guide the development of management strategies and actions to meet higher level goals and objectives. The hierarchical structure is embedded within a framework which aligns the objectives with a set of management strategies, actions and a reporting system associated with both outcome and management performance indicators (Figure A5.4). Figure A5.3. The Eastern Scotian Shelf Integrated Management Area (reproduced from Walmsley et al., 2007). 168 Table A5.2. The ESSIM plan overarching goals and associated outcome statements (DFO, 2007). Goals Collaborative management governance Sustainable human use Healthy Ecosystems Outcome Statements and integrated • • • • Effective governance structures and processes. Capacity among stakeholders. Knowledge to support integrated management. Ecologically sustainable use of ocean space and resources. • Sustainable communities and economic wellbeing. • Resilient and productive ecosystems, with diverse habitats, communities, species and populations. • Strong marine environmental quality supports ecosystem functioning. Figure A5.4: The ESSIM initiative objectives, management strategy and reporting structure (reproduced from DFO, 2007) Management strategies are the methods by which the plan will pursue the strategic-level objectives and, in keeping with the integrated process, may not be linked to a single objective, but could satisfy the requirements of multiple objectives. Management actions are intended to contribute to the implementation of the management strategies and are initiated with a stated time frame, within which the implementation process is expected to proceed. The two types of indicators are designed to assess both the measure (and direction) of progress achieved against the objectives and the effectiveness of the management strategies and actions. The Outcomes Indicator, in particular, is recognised to be unlikely to cover all aspects of each objective and would probably be a measure of a component, providing a strong indication of a directional trend. With the three overarching goals established, an ‘unpacking’ process of identifying lower level objectives and specific strategy statements identifying how the objectives are to be achieved have been developed. The basic starting point of core ‘elements’ retains the structure proposed in the 2001 workshop, but begins to build both nationally and regionally relevant objectives and 169 strategies. In addressing the ‘healthy ecosystems’ goal, clear and unambiguous nomenclature was evidently considered necessary, and terms such as ‘conserve’, ‘reduce’ and ‘representative’ are carefully defined within the context of the strategic plan (DFO, 2007). This is a reflection of previously encountered difficulties where terms and descriptors were regularly misinterpreted or inappropriately applied across the different regional strategies (G. Herbert pers. com.; DFO, 2004). The proposed objectives and supporting strategies for the ‘healthy ecosystem’ overarching goal are presented in Table A5.3, although it is clearly stated that the healthy ecosystem goal cannot be seen in isolation and can only be achieved “…through the integration of all ecosystem objectives as well as those for sustainable human use”. Table A5.3: ESSIM objectives and management strategies for the ‘Healthy Ecosystems’ overarching goal (DFO, 2007). Element Communities/ Assemblages Species/ Populations Objective (What) Strategy (How) Diversity of benthic, demersal and pelagic community types is conserved. Incidental mortality of Biodiversity all species is within acceptable levels. At risk species protected and/or recovered. Invasive species introductions are prevented and distribution is reduced. 170 • Develop an integrated, coordinated conservation framework. • Identify representative, important and sensitive benthic, demersal and pelagic (including seabird) communities/assemblages. • Identify threats and management options for conservation. • Implement management measures based on framework. • Quantify the extent of incidental mortality and understand the impact on species/populations. • Identify acceptable levels of incidental mortality for species/populations. • Monitor the catch of non-commercial species in all fisheries. • Identify mechanisms for managing incidental mortality within acceptable levels. • Assess the risks (social and economic) of implementing management measures to address incidental mortality.Manage human activities to address incidental mortality where practical. • Implement recovery strategies, action and management plans under the Species at Risk Act. • Ensure that sectoral management plans and ocean activities are consistent with SARA. • Coordinate multi-species recovery planning where appropriate. • Assess sources, vectors, extent and risks of invasive species. • Develop management plans and measures to prevent introductions and limit distribution of invasive species. • Establish a surveillance and monitoring system. Genetic integrity (i.e., genetic fitness and diversity) is conserved. Primary and Secondary Productivity Trophic Structure Primary productivity and secondary productivity are healthy. Trophic structure is Productivity healthy. Population Productivity Physical . Biomass and productivity of harvested and other species are healthy. Physical characteristics of ocean bottom and water column support resident biota. Marine Environment Quality Harmful noise levels are reduced to protect resident and migratory species and populations Wastes and debris are reduced. Chemical Chemical characteristics of ocean bottom and water column support resident biota. 171 • Improve knowledge of genetic integrity and identify priority species. • Develop and implement management measures to conserve genetic integrity where required. • Assess and review factors that influence primary and secondary productivity. • Review, evaluate and upgrade monitoring programs. • Develop management measures to address negative factors. • Increase knowledge of trophic interactions and human influences and define trophic structure objectives. • Recognize the importance of a healthy trophic structure in sector management plans. • Develop management measures where needed for healthy trophic structure. • Define biomass and productivity objectives. • Support and enhance stock assessment practices and explore effort-based management approaches. • Ensure compliance with established measures and limits. • Identify other important species and develop management measures (e.g., keystone species). • Identify and quantify the impacts of physical factors on biota. • Manage human influences to address negative impacts on physical properties. • Improve knowledge of sound and its impacts in the marine environment. • Identify mechanisms for reducing sound in the marine environment. • Identify and quantify acceptable noise levels for species/populations. • Develop management measures for ocean activities to meet acceptable levels. • Assess sources and impacts of wastes and debris. • Assess current measures, capabilities and infrastructure. • Develop and implement measures to limit inputs (e.g., awareness programs and compliance promotion). • Eliminate the intentional discarding of garbage at sea. • Identify and quantify the impacts of chemical factors on biota. • Manage human influences to address negative impacts on chemical properties (e.g., toxic chemicals). Atmospheric pollution from ocean activities is reduced. Habitat Habitat integrity is conserved. • Identify sources and extent of atmospheric pollution from ocean activities. • Develop management measures to meet acceptable levels. • Incorporate habitat considerations in the integrated conservation framework (see communities/assemblages). • Identify and conserve rare, important and representative habitats. • Manage human influences to address negative impacts on habitat. The objectives and strategies presented in Table A5.3 are further discussed in greater detail in the ESSIM 2007 Strategic Plan document (DFO, 2007) with examples given of developing preliminary programmes and contributory or parallel strategies and/or plans. Unsurprisingly, the collaborative governance and sustainable human use goals concentrate on emerging programmes and initiatives broadly targeted towards areas of social inclusion, education programmes, stakeholder involvement, cultural importance, development of legislative tools and instruments, promoting collaborative working and integrated government. The healthy ecosystems goal is notably different in its significantly heavier reliance on the acquisition of data and knowledge, much of which still remains to be identified and collected before a full suite of practical objectives are established. To this end, one of the larger programmes underway is attempting to identify ecologically and biologically significant areas (EBSAs) of the Scotian shelf, which, it is hoped, may form core areas where multiple criteria are met, providing opportunities for fully integrated management strategies and objectives (G. Herbert, pers. com.). The ESSIM initiative’s adoption of an ecosystem-based approach and the translation process towards developing ecosystem objectives is well-documented with a good body of supporting literature available via the web. With the relatively long time period from inception to the present and the publication of detailed discussion of objectives and associated components there is a tendency to assume that management or ecosystem objectives have been established and are presently providing results. This is not the case. The ESSIM plan was published in 2007 after an extensive collaborative planning and review process. It is not envisaged that all strategies will be fully implemented within the first five year phase of the plan and many of the objectives and strategies will only be achievable over the long term (DFO, 2007). The plan is, however, committed to the production of a biennial progress report in which progress and achievements will be documented. References to Appendix 5 DFO, 2004. Habitat Status Report on Ecosystem Objectives. Ontario: DFO Canadian Science Advisory Secretariat. DFO, 2007. Eastern Scotian Shelf Integrated Management Plan. Strategic Plan. Dartmouth, Nova Scotia: Oceans and Habitat Branch, Fisheries and Oceans Canada. Jamieson, G. & McCorquodale, B., 2007. DFO's MEQ approach in the determination of marine indicators. Paper presented at the "Monitoring the Effectiveness of Biological Conservation" conference. In Monitoring the Effectiveness of Biological Conservation, Richmond BC. Jamieson, G., O’Boyle, R., Arbour, J., Cobb, D., Courtenay, S., Gregory, R., Levings, C., Munro, J., Perry, I. & Vandermeulen, H., 2001. Proceedings of the National Workshop on Objectives and Indicators For Ecosystem-based Management. In National Workshop on 172 Objectives and Indicators For Ecosystem-based Management, Sidney, British Columbia: Canadian Science Advisory Secretariat. Walmsley, J., Coffen-Smout, S., Hall, T. & Herbert, G., 2007. Development of a Human Use Objectives Framework for Integrated Management of the Eastern Scotian Shelf. Coastal Management, 35(1), 23-50. 173 APPENDIX 6: CASE STUDY – A MANAGEMENT APPROACH TO AUSTRALIAN WATERS A6.1 National Strategy for Ecologically Sustainable Development In 1992, Australia and its state governments endorsed a National Strategy for Ecologically Sustainable Development 33 (Walmsley, 2005). This defines Ecologically Sustainable Development (ESD) as “using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased”. Since then, ESD has become a major objective within most fisheries acts in Australia, and relevant management agencies are required to report on progress against the objectives of ESD. The national strategy includes three high-level, core objectives:• • • to protect biodiversity and maintain essential ecological processes to provide effective legal, institutional and economic frameworks for ESD; to enhance individual and community well-being by following a path of economic development that safeguards the welfare of current and future generations. These are core objectives which the Scottish Parliament may wish to consider in developing the Scottish Marine Bill. A6.2 Australian Oceans Policy Six years later, in 1998, the Australian government released its Oceans Policy34. This has the stated vision of “healthy oceans, cared for, understood and used wisely for the benefit of all, now and in the future”. It’s aim was to put in place the framework for integrated and ecosystem-based planning and management for all of Australia’s marine areas. The Oceans Policy has nine broad goals: 1. To exercise and protect Australia’s rights and jurisdiction over offshore areas, including offshore resources. 2. To meet Australia’s international obligations under the United Nations Convention on the Law of the Sea and other international treaties. 3. To understand and protect Australia’s marine biological diversity, the ocean environment and its resources, and ensure ocean uses are ecologically sustainable. 4. To promote ecologically sustainable economic development and job creation. 5. To establish integrated oceans planning and management arrangements. 6. To accommodate community needs and aspirations. 7. To improve expertise and capabilities in ocean-related management, science, technology and engineering. 33 see www.environment.gov.au/esd/ 34 see www.oceans.gov.au/the_oceans_policy_overview.jsp 174 8. To identify and protect natural and cultural marine heritage. 9. To promote public awareness and understanding. The Oceans Policy put in place an overall strategic framework, although the responsibility for enacting this in the marine environment falls to the state governments, who were responsible under the policy for drawing up a series of Regional Marine Plans (this is somewhat analogous to the proposed relationship between Marine Scotland and the Scottish Marine Regions, although the sea areas concerned are very considerably larger). Specific commitments in the Oceans Policy included: • • • • • the introduction of regional marine planning work to improve understanding of the marine environment, including environmental baseline surveys and sustainability indicators, monitoring and improved assessment of the impacts of commercial and recreational activities, all targeted to support regional marine plans accelerated development and improved management of marine protected areas support for national mandatory standards for marine and estuarine water quality support for the development of a single national ballast water management system Addressing more specific problems, it also included: • • • trials to the problem of acid sulphate from disturbed coastal soils: addressing a marine pollution problem from the site of its origins on the land. a national moorings programme for sensitive marine areas; and support for the early phased withdrawal of the use of toxic organotin anti-fouling pains, including tributyl tin paints. The Oceans Policy was established with governance arrangements that might be of some relevance in developing the Scottish Marine Bill. These initially included: • • • A National Oceans Ministerial Board of key Australian Government Ministers; A National Oceans Advisory Group of industry, community and government stakeholders; and A National Oceans Office, which was established to provide secretariat and technical support and programme delivery for initiatives under the policy. The National Oceans Ministerial Board was chaired by the minister for the environment, but also included the ministers responsible for industry, resources, fisheries, science, tourism and shipping, and had the power to co-opt other ministers as necessary, including, for example, defence and foreign affairs. The principal responsibility of the Board was to oversee the Regional Marine Planning process, developing the scope and timetable for each Regional Marine Plan and ultimately approve each Plan. The National Oceans Advisory Group is comprised primarily of members with nongovernment interests. It is tasked with:(1) advising the Australian Government on: • • • cross-sectoral and cross-jurisdictional oceans issues, focussing on gaps, overlaps and priorities and examining matters such as integration issues and ecosystembased planning and management; the scope and effectiveness of the Regional Marine Planning process; the views of a broad range of relevant non-government stakeholders on the implementation of Australia’s Oceans Policy; 175 • regional and economic opportunities and impediments to marine industry development; • other matters related to oceans planning and management, as requested by Government; (2) examining and identifying emerging issues in ocean planning and management; and (3) promoting awareness of Australia’s Oceans Policy amongst non-government and other stakeholders. Such a group has some parallels with the Sustainable Seas Task Force, and the proposal, briefly discussed, that there would be value for such a forum continuing to work in the run-up to the Marine Bill and at the implementation phase. The National Oceans Office would appear to have had responsibilities somewhat akin to those proposed for Marine Scotland. In 2003, two other bodies were established to assist the further development and implementation of Australia's Oceans Policy. The Oceans Board of Management was formed to provide high-level, cross-government advice on operational aspects of Australia's Oceans Policy and its central programme of regional marine planning. It comprises representatives from seven Australian Government departments and agencies relevant to Australia's marine jurisdiction:• • • • • • • • • Department of Environment and Heritage Department of Industry, Tourism and Resources Department of Agriculture, Fisheries and Forestry Department of Education, Science and Training Department of Transport and Regional Services Department of Defence Department of Finance and Administration Department of Prime Minister and Cabinet Australian Fisheries Management Authority An Oceans Policy Science Advisory Group was also established at this time (curiously late in the process), comprising representatives of Australian Government marine science and related agencies, as well as State research institutions and non-government marine science interests. Documentation relating to the Oceans Policy includes the following statement, that could equally be applied to Scotland and which any Scottish system of marine planning should seek to address:“Australia’s ocean ecosystems and their marine biological diversity are core national assets. If our use of them is well managed, they can meet a broad range of economic, social and cultural aspirations. They also provide a range of essential environmental services that would be extremely costly or impossible to restore or replace if ecosystem functioning was impaired.” Of most relevance to this report, the documentation on the Oceans Policy elucidates the Australian vision for “ecosystem-based oceans planning and management”, which states that this should aim to ensure the maintenance of: • ecological processes in all ocean areas, including, for example, water and nutrient flows, community structures and food webs, and ecosystem links; • marine biological diversity, including the capacity for evolutionary change; and • viable populations of all native marine species in functioning biological communities. 176 It states also that an important element of managing our oceans to maintain marine ecosystems is representation within protected areas of marine ecosystem types across their natural range of variation. It continues that, with the fundamental objective of maintaining ecosystem integrity, ecosystem-based management requires development beyond the strictly sectoral focus of some management approaches with the aim of ensuring that: • Connections across ecological dimensions (populations, species, habitats, regions) are taken into account, not just effects at one level. • Planning and management boundaries recognise ecological entities, integrating across other administrative, sectoral and jurisdictional boundaries. • Data are collected for ecosystem-based management, to provide the basis for sectoral and cross-sectoral integration. • Management is monitored for maintenance of ecosystem health, against ecosystembased performance indicators, and can be adapted in response to environmental and other indicators of change. • Management decisions are planned and precautionary, based on assessments of the consequences of use, rather than solely reactive. • There is recognition that human activity is a fundamental influence in many marine ecological patterns and will be the focus for planning and management action. • Natural and human values should be integrated taking into account that, while biological diversity values must be recognised and incorporated as a key part of planning and management processes, human values will play a dominant role in decisions about ocean uses. These are many of the same issues being discussed in Scotland in the context of the Scottish Marine Bill. In its work on the Oceans Policy, the Australian government has also identified some principles for ecologically sustainable ocean use (because of their relevance to Scotland, these are reproduced also in Table 3.2). It states that these principles should be applied to all decisions and actions affecting access to and use of Australia’s marine jurisdictions and adjacent waters, and the associated resource base. They should be considered together, recognising that ocean ecosystem health and integrity is fundamental to ecologically sustainable development:• The maintenance of healthy and productive marine ecosystems is fundamental to the management of both the oceans and of the land. • The benefits from the use of Australia’s common ocean resources, and the responsibilities for their continued health and productivity, should be shared by all Australians. • Internationally competitive and ecologically sustainable marine industries are essential for wealth generation, employment and continued regional development. • Economic, environmental, social and cultural aspirations are to be accommodated through integrated planning and management of multiple uses of ocean resources. • Management of human activities that affect our oceans will require progressive improvement in our understanding of living and non-living ocean resources and processes. 177 • Ocean planning and management decisions should be based on the best available scientific and other information, recognising that information regarding ocean resources will often be limited. • If the potential impact of an action is of concern, priority should be given to maintaining ecosystem health and integrity. • Incomplete information should not be used as a reason for postponing precautionary measures intended to prevent serious or irreversible environmental degradation of the oceans. • The processes for assessing, planning, allocating and managing the ocean resources should: – – – – – – – – be easily understood and openly justified; be certain; have clear lines of accountability; provide for equity within and between generations; be designed to deliver outcomes that balance long and short-term economic, environmental, social and cultural considerations; involve the minimum effective regulatory burden on ocean users required to meet economic, environmental, cultural and social objectives; ensure cooperation and coordination between governments and across the sectors which use the oceans; and take into account wider interests and ensure effective community involvement. This has many parallels with the Scottish position described in Sustainable Seas for All (2008). A6.3 Subsequent changes to Australian Oceans Policy In 2004, the National Oceans Ministerial Board was dissolved, with the Minister for the Environment and Heritage taking on lead responsibility for Australia's Oceans Policy. The National Oceans Office was incorporated into the new Marine Division of the Department of the Environment, Water, Heritage and the Arts and continues to have lead responsibility for regional marine planning (in effect reverting to a model analogous to the present Marine Management Division of the Scottish Government). This Marine Division is intended to bring together the key elements of marine environment policy into a central point within the Department. This appears to correspond to a move away from the integrated approach towards a more specific environmental focus – precisely the opposite of what we are no trying to achieve in Scotland. We sought clarification as to why these changes had come about, and it does appear that there are some lessons which are of significance in developing the proposal for Marine Scotland and for the proposed National Marine Strategy (B. Musso35, pers.comm.). The Oceans Policy had strong support when it was established, driven by a strong and influential Environment Minister in Robert Peel. However this level of commitment did not continue 35 Dr Barbara Musso, Director, Marine Conservation (Temperate West) Section, Marine Division, Department of the Environment, Water, Heritage and the Arts, Kingston, Tasmania. Dr Musso was involved in these matters since the creation of the National Oceans Office, but emphasised that she spoke to us in a purely personal capacity. 178 with his successor as Environment Minister, because neither the bureaucracy nor the key industry stakeholders had been carried with the policy initiative. It seems that two critical mistakes were made. Firstly, the National Oceans Office was established as a small executive agency, reporting directly to the Minister. It was established as a small office of young enthusiastic individuals, based in Tasmania well away from the centre of political influence in Canberra. It was thus marginalised, right from its establishment. Other government departments and agencies were reluctant to engage with this process, but instead they concentrated their efforts in improving their own interactions with marine stakeholders – a valuable step forward in marine management, but one which only served to further marginalise the National Oceans Office. Having the National Oceans Ministerial Board chaired by the Environment Minister may have compounded the lack of willingness to integrate departmental responsibilities. It has been suggested that this might have been achieved better had the Prime Minister chaired the Board. The other problem lay with the lack of support from marine industry stakeholders. As in Scotland, the main incentive which might have encouraged these stakeholders to support the Oceans Policy would have been the streamlining of regulation (since they, as in Scotland, were struggling with more than one hundred pieces of legislation constraining their activities). However the Policy provided no mandate for that, since it stated that no legislative reform would be required. Because the Policy failed to deliver the outcome they had sought, industry stakeholders were not keen to support the Policy. A specifically Australian problem was that a considerable body of management power and responsibility lay with the States, and only certain powers were vested in the central Commonwealth Government (perhaps more analogous to the discussions over responsibilities between the Scottish and UK Governments). As a result of this, the first (and only) bioregional plan to be published under this regime, the South East Regional Plan (see Appendix A6.4 below) was unable to offer real integration across management regimes and failed to deliver a significant difference to the protection of the seas, despite its good intentions. When these problems were recognised, the Secretary of the Environment Department was asked to investigate what had gone wrong, and to make recommendations for the future. There were still a number of drivers on marine policy, including the international commitment to creating a network of Marine Protected Areas, but the lack of willingness to integrate across departmental responsibilities was recognised, and it was decided to refocus marine management onto core priorities. Shortly after the Oceans Policy, the same influential Environment Minister, Robert Peel, had driven through the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act). As this was a legislative instrument, rather than a policy statement, it offered strong drivers for the integration of environmental policies, and was much clearer on the division of responsibility between the Federal and State governments. The EPBC Act integrated effectively across various environmental regimes, and it allowed for the development of an integrated approach within marine bioregional planning, and enable the creation of the required network of marine protected areas. The focus therefore shifted from the broad, integrated Oceans Policy to the more specific biodiversity focus of the EPBC Act. Although the Act has the additional aim of promoting ecologically sustainable development, this change in approach would seem to have abandoned the integration of economic and environmental purposes envisaged for the Marine Regional Plans. The aim of this was said to be to “bring the program of Regional Marine Planning directly under federal environment law to provide a clearer focus on conservation and sustainable management of the marine environment”. 179 Dr Musso expressed the personal opinion that, had the mandate for regulatory reform and policy integration been delivered successfully, the outcome for the Oceans Policy might have been different. She also noted that the biggest successes of the National Oceans Office, while it existed, had been the substantial advances made in science and data, allowing the development of plans for the biggest bioregional areas established anywhere in the world (see Appendix A6.4), based on sound science, and also the substantial increase in public interest in, and attention to, the deep oceans around Australia. In taking forward the Scottish Marine Act, it will be important to ensure that we do not make similar mistakes in Scotland if we wish an integrated approach to be successful. A6.4 Australian regional planning One of the core issues in Australia's Oceans Policy was the development of Regional Marine Plans by the appropriate states36, based on large marine ecosystems (although plan areas are defined mainly on geographic considerations, rather than specifically by ecosystem types). The stated objectives of this regional marine planning were: • • • • • to ensure continuing marine ecosystem health to safeguard marine biological diversity to promote diverse, strong and sustainable marine industries to provide increased certainty and long-term security for all marine users to ensure the establishment of a representative system of marine protected areas. The shift in 2005 which brought regional marine planning directly under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), led to the creation of a new kind of Marine Bioregional Plans, established under section 176 of the EPBC Act. These will set out key conservation issues and priorities in each marine region to act as a guide to the Minister, sectoral managers and industry about what activities can occur in each region. The establishment of a network of Marine Protected Areas is seen as a key part of this process. Five bioregions are proposed, as shown on the map below:- Figure A6.1: Map of Australian marine bioregions (from www.environment.gov.au/coasts/mbp/index.html ) 36 see www.environment.gov.au/coasts/mbp/index.html 180 Documentation online states: “The plans will draw on Australia's growing marine science and socio-economic information base to provide a detailed picture of each marine region. Each plan will describe a region's key habitats, plants and animals; natural processes; human uses and benefits; and threats to the long-term ecological sustainability of the region. The plans will give details about the various statutory obligations under the EPBC Act that apply in any region, and will describe Government’s range of conservation measures in place, such as those relating to recovery planning for threatened species.” This seems a retrograde step from the perspective expressed for Scotland in Sustainable Seas for All, since the previous Regional Marine Plans were intended to outline a wide range of regional objectives (including economic and social objectives, not just to environmental objectives) and listed individual management actions to be undertaken by governments, industry and community members to achieve these objectives. The only Plan developed using this previous, broader approach to marine planning was the South-east Regional Marine Plan, released in May 2004. This is no longer available online, since the policy change that year, so the information below is based on Walmsley (2005). The South-east Regional Marine Plan covered a region of about 2 million km2 of sea around Victoria and Tasmania, and off the far south coast of New South Wales. There are more than 275,000 jobs that depend directly or indirectly on marine-based industries in the region, which contribute more than $19 billion a year to the country’s economy, in waters which also support rich biodiversity and unique natural habitats. Production of the plan was led by the Australian Government in consultation with the relevant state governments, industry representatives, indigenous groups, marine communities and others with an interest in the marine environment. The Plan outlines the way in which management of the area will be improved through Government and stakeholder co-operation and is designed to improve existing management arrangements through objectives-based management. The Plan specifies nine regional objectives and 93 actions required to implement the objectives, together with an assessment of the expected outcomes if the objectives are met. These are summarised in Table A6.1 (below). Although the structure of Objective – Key Action – Outcome is different from what we propose in this paper for Scotland, there are a number of interesting ideas which could usefully be considered in developing National Marine Objectives for Scotland. However, we note that the Outcomes are aspirational in nature, rather than ‘SMART’, and we suggest it would be difficult to monitor whether or not they were successfully achieved. Reference for Appendix 6 Walmsley, J 2005 Developing Objectives and Indicators for Marine Ecosystem-Based Management: International Review of Marine Ecosystem-Based Management Initiatives Throughout the World Fisheries and Oceans Canada, Dartmouth, Nova Scotia 181 Table A6.1: Objectives, actions and outcomes of the Australian South-East Regional Plan OBJECTIVE KEY ACTIONS OUTCOME Ensure that all ocean Design a monitoring and reporting regime A new way of understanding and uses are ecologically to determine the ecological, social and measuring the ecosystem as a sustainable whole that provides a backdrop economic health of the Region; and for management of resources for Conduct a risk assessment to identify the individual users. This will allow us to confirm that the entire combined effects of our activities. range of marine resource use, when considered jointly, is ecologically sustainable. Protect, conserve and restore the Region’s marine biodiversity, ecological processes, and natural and cultural marine heritage A set of representative and important habitats, that support marine biodiversity, will be protected and the impacts of priority threats to these ecosystems will be minimized. Improve our knowledge of marine We will also be able to measure ecosystems, including better mapping of the health of the oceans in the the seafloor and its habitats, e.g. Region to see whether seamounts and canyons management is working. Do targeted work on key threats to the Region’s marine biodiversity, e.g., declining water quality and introduced marine species. Increase long-term security of access and certainty of process for existing and future marinebased industries Review marine-related laws and Industries can actively manage regulations that apply in the Region to see and plan for future growth with access to better information and where improvements can be made. advice about management Ensure industry representation and requirements. They will also participation in marine management, e.g., have opportunities to check that through membership of an advisory group their current and future needs for the Region and participation in specific are being considered in the projects such as identifying candidate development of management marine protected areas actions in the Region. Provide a clear process for future management planning and development that considers existing access and use. Promote economic development and job creation in the Region consistent with ecologically sustainable development Improve our understanding of key economic issues facing marine industries, such as increasing operational and development costs, overcapitalization, and internationally competitive markets; Develop a system of representative marine protected areas (MPAs) for the Region, including candidate options for two areas (Murray and Zeehan), that cover more than 2 40,000 km Promote existing best practice and innovation in marine-based industries, such as improvements to gear technology; Anticipate and develop consistent responses to emerging and future issues, e.g., decommissioning of oil and gas platforms and increasing vessel sizes Pilot a regional tourism trail based on the marine environment, seafood and culture. 182 Support for marine-based industries to capitalize on their investments and further refine their activities to introduce innovative technology and explore new markets. Also achieve recognition of recent advances in industry operations to promote stewardship and self-management, e.g., codes of conduct. OBJECTIVE KEY ACTIONS OUTCOME Integrate management of access, allocation, conservation and use of marine resources to ensure fairness and accountability to the community and all users Efficiencies in planning and spatial A coordinated approach to management across sectors, e.g., marine marine management in the Region that is simple, well protected areas and fisheries closures understood and that recognizes Establish a clear process for addressing the needs of all users and the cross-sectoral issues, including agreed community. approaches to multiple-use management in Over time, we will have a the Region consistent and streamlined Regular reporting and review procedures reporting system to check on the incorporated in a performance assessment success of our management system. actions and increase accountability. Increase knowledge and understanding of the Region to improve our capacity to pursue ecologically sustainable development Improved co-ordination of research effort and the development of new research partnerships, e.g., between industry and government Enhance community and industry stewardship and understanding of the values and benefits of the Region and involve them in its management Implement a marine education strategy Communities will be informed that includes teaching packages for about the importance of schools managing our marine ecosystem to promote responsible and wise Support the establishment of a Marine use of the marine resources in Discovery Centre Network the Region and build their Establish a stakeholder advisory group to capacity to be involved in provide ongoing industry, community and management. Stewardship will encouraged through expert participation in management of the be Region, including implementation of key recognition of, and opportunities for, communities and industries actions and future reviews of the Plan. that take responsibility for marine management in their area. Involve Indigenous communities in management of the Region in a manner that recognizes and respects their rights, custodial responsibilities, contributions and knowledge Build capacity of communities to participate in management through the development of Sea Country Plans such as the Maar Sea Country Plan developed in collaboration with the Framlingham Aboriginal Trust and Winda-Mara Aboriginal Corporation Make information available to all on a central web-based Oceans Portal More and better coordinated science will be conducted in the Region, leading to improved evidence-based decision making. Report on the effectiveness of management actions and establish a way of adapting management that is based on risk assessment. Look for opportunities for Indigenous participation in commercial activities in the Region, e.g., commercial fishing. 183 Support Indigenous communities to take an active part in marine resource use and management in the Region. OBJECTIVE Take into account in decision making the needs, values and contributions of the community and industry, the national interest and international obligations relevant to the Region KEY ACTIONS OUTCOME Establish an agreed process that provides A more strategic co-ordinated for consistent and inclusive decision approach to marine making across Australian Government management in the Region. agencies. Work with South-East State governments to explore arrangements that lead to coordinated oceans management in the Region, e.g., links between estuarine and ocean management Provide public reports on the Region, including the health of the ocean and the well-being of the communities that depend on the ocean and the economic benefits provided by marine resource use. 184 Scottish Natural Heritage is a government body responsible to the Scottish Government. Statement of principles: Scottish Natural Heritage – the government body that looks after all of Scotland’s nature and landscapes, across all of Scotland, for everyone. Our 5 strategic priorities are: – – – – – Caring for Scotland’s nature and landscapes Helping to address climate change Delivering health and well being Supporting the Scottish economy Delivering a high quality public service Find out more at www.snh.org.uk Policy and Advice Directorate, Great Glen House, Leachkin Road, Inverness IV3 8NW www.snh.org.uk
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