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Selection of Nature Conservation Marine Protected Areas in Scotland
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Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

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Page 1: Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

Selection of Nature Conservation Marine Protected Areas in Scotland

Page 2: Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

Cover image: Fireworks anemone © Paul Kay

Page 3: Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

Summary of advice to the Scottish Government on the selection of Nature Conservation Marine Protected Areas (MPAs) for the development of the Scottish MPA network

This document summarises the formal advice of Scottish Natural Heritage (SNH) and the Joint Nature Conservation Committee (JNCC) to the Scottish Government on the identification of Nature Conservation Marine Protected Area (MPA) proposals to protect biodiversity and geodiversity in Scotland’s seas. The full advice paper is available from the SNH and JNCC websites. Where we use ‘we’, ‘us’ or ‘our’ in this summary we mean SNH and JNCC.

IntroductionScotland’s marine environment is dynamic and varied and supports not only a wide diversity of animals and plants but also provides a range of vital ecosystem services including food, renewable energy, leisure and recreational opportunities.

The Scottish MPA Project helps deliver the Scottish Government’s commitment to a ‘clean, healthy, safe, productive and biologically diverse marine and coastal environment that meets the long term needs of people and nature’. The Marine (Scotland) Act 2010 contains provisions to designate Nature Conservation MPAs, Demonstration and Research MPAs and Historic MPAs within territorial waters. The UK Marine and Coastal Access Act 2009 contains provisions to designate MPAs for the conservation of nationally important marine wildlife, habitats, geology and undersea landforms in offshore waters (hereinafter also referred to as Nature Conservation MPAs). Our advice addresses the selection of Nature Conservation MPAs in all of Scotland’s seas, under both Acts. It does not cover Historic MPAs or Demonstration and Research MPAs. Historic Scotland is providing advice on the former and Marine Scotland on the latter.

A flame shell on a maerl bed © Richard Shucksmith

Page 4: Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

Existing MPA networkOur proposals for Nature Conservation MPAs build on the existing network of protected areas including Special Areas of Conservation (SAC), Special Protection Areas (SPA), Sites of Special Scientific Interest (SSSI) and existing fisheries restrictions (see Figure A). These existing area-based conservation measures in Scotland’s seas already make a significant contribution to the protection of our marine natural heritage.

The completion of a network of sites to protect biodiversity and geodiversity interests will contribute to the delivery of a number of international and European commitments. These include the Convention on Biological Diversity and the OSPAR Convention which call for the development of an ecologically coherent network of MPAs.

Approach for identifying Nature Conservation MPAsThe approach for identifying Nature Conservation MPAs draws on the best available information and has sought input from a range of stakeholders at key points throughout the project. The five-stage process set out in the Scottish MPA Selection Guidelines has been followed:

– Stage 1 – Identification of MPA search locations based on the presence of key features.

– Stage 2 – Prioritisation of MPA search locations based on the qualities of the features they contain.

– Stage 3 – Assessment of the scale an MPA search location needs to be in order to maintain the integrity of the features it contains.

– Stage 4 – Assessment of the ability to manage features effectively within an MPA search location as part of a Nature Conservation MPA.

– Stage 5 – Prioritisation of potential areas for MPAs according to their contribution to the MPA network.

Lists of marine habitats, species and large-scale features of functional significance for the overall health and diversity of Scotland’s seas (collectively known as MPA search features – see Table 1), together with equivalent marine geodiversity interests, were used to inform the selection of Nature Conservation MPAs. The presence of these specific features also served as a guide or proxy to highlight areas of possible wider nature conservation interest.

Before applying the MPA Selection Guidelines more widely across Scotland’s seas, a series of reviews were undertaken to determine:– The contribution that existing protected areas and other area-based measures

already make to the protection of MPA search features (Figure A).– The additional potential contribution that these existing measures could make

to the protection of MPA search features (the identification of enhancement opportunities e.g. by overlaying a Nature Conservation MPA onto existing designations).

– Which parts of Scotland’s seas could be considered Least Damaged/More Natural, and whether they encompassed records of MPA search features and should therefore be assessed against the MPA Selection Guidelines to determine their potential contribution to the network.As a result of these preliminary reviews, 20 enhancement opportunities

and 12 Least Damaged/More Natural locations were recommended as Nature Conservation MPA proposals / search locations. The enhancement opportunities comprise nine existing protected areas (four SACs and five SPAs) and 11 other area-based measures, all areas with fisheries restrictions in place. One also overlaps with a Ministry of Defence range.

Page 5: Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

Figure A: Existing protected areas and other area-based measures that contribute to the protection of Scotland’s marine environment (designated for habitats and species with marine associations / components)

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Page 6: Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

Developing the MPA networkFollowing work on the ‘enhancement opportunities’ and least damaged/more natural locations, 12 of the original 41 MPA search features remained as priorities for completing the network. The focus of subsequent work was then on identifying MPA search locations to encompass these features.

The resultant suite of search locations was refined through application of the latter stages of the MPA Selection Guidelines. Assessment at Stage 5 included consideration of the OSPAR principles on the design of an ecologically coherent network of MPAs (i.e. representation, replication, geographic range and variation, linkages and resilience). Network development incorporated a regional dimension (OSPAR regions) to reflect known biogeographic differences across Scotland’s seas.

In total 33 Nature Conservation MPA proposals have been developed and a further four MPA search locations remain to be fully assessed (see Figure B). The proposals include science-based alternatives and areas of equivalent ecological value (see Tables 2 and 3 for details). Twenty-seven of the Nature Conservation MPA proposals and four of the MPA search locations are for multiple features. Figure C provides a combined view of existing protected areas, other area-based measures and the Nature Conservation MPA proposals / search locations.

Of the 41 MPA search features, three are not represented within the network (burrowing sea anemone aggregations, heart cockle aggregations and European spiny lobster). Insufficient data are available to inform the identification of Nature Conservation MPA proposals for these features. Thirty-five of the 38 MPA search features for which there are sufficient data, would be adequately protected within the evolving Scottish MPA network provided the recommended MPA proposals and remaining MPA search locations are progressed to designation. The remaining three features (basking shark, common skate and white-beaked dolphin) would be represented within one Nature Conservation MPA each, but in our view (on the basis of their occurrence and distribution in Scottish waters) that is not adequate according to the Selection Guidelines. Ongoing work will determine whether it is possible to provide additional representation of these three features. This will be completed by the time of the first review of the MPA network in 2018.

Coral gardens © JNCC

Page 7: Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

Figure B: Nature Conservation MPA proposals and MPA search locations in Scotland’s seas

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Page 8: Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

Figure C: Combined view of existing protected areas, other area-based measures, Nature Conservation MPA proposals and MPA search locations that could contribute to the Scottish MPA network

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Page 9: Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

Third-party proposalsThe Marine (Scotland) Act 2010 provides for groups (referred to in this context as third parties) to submit proposals for Demonstration and Research and / or Nature Conservation MPAs within territorial waters (i.e. within 12 nautical miles of the coast). Third parties may include a local community living adjacent to a section of coast, an industry sector, a group of recreational users or others with an interest in an area.

A total of 27 proposals for third-party Nature Conservation MPAs were received prior to closure of submissions in early May 2012. To streamline the assessment process, third-party proposals were merged with other MPA search locations. This was done either where there was a partial overlap or where the proposal was wholly contained within an MPA search location identified by SNH. Of the third-party submissions, 12 met all the relevant guidelines and contributed to the development of eight of the Nature Conservation MPA proposals. A further three of the third-party proposals contributed to the development of three of the remaining search locations. These will not be fully assessed until further work has been completed by SNH in 2013. Twelve third-party proposals were not recommended for further consideration, as these proposals did not meet the test of importance or were not considered to make a significant contribution to the network for the features for which they were proposed. The status of each proposal is shown in Figure D.

Future third-party submissions will be accepted but will not be considered until the next review of the network in 2018.

Principles guiding the use of the scientific evidence-baseApplication of the science-based process set out in the MPA Selection Guidelines required a robust evidence-base for the biodiversity and geodiversity features present in Scotland’s seas. Building the evidence-base involved mining the existing data held by SNH, JNCC and others, as well as undertaking new marine biological surveys in areas where data needs were greatest. Stakeholder engagement helped to support data compilation efforts, facilitating data sharing and identifying opportunities for collaborative research.

SNH and JNCC applied expert judgement in the identification of the Nature Conservation MPA proposals / search locations. Non-executive bodies were used to scrutinise and peer-review the process. Our judgements on whether the guidelines were met and a summary of the evidence that was used to support these assessments have been documented. The data confidence assessments published alongside our advice provide a description and an evaluation of the type, age, source and extent of evidence used to support each of the proposals.

Diver with horse mussels and a fan mussel in Scapa Flow, Orkney © Paul Kay

Page 10: Selection of Nature Conservation Marine Protected …jncc.defra.gov.uk/pdf/SNH_and_JNCC_2012_SUMMMARY_NETWORK… · Summary of advice to the Scottish Government on the selection of

Figure D: Third-party Nature Conservation MPA proposals

OSPAR Region IIICeltic Seas

OSPAR Region IIGreater North Sea

NauticalMiles0 40

Map projected in Europe Albers Equal Area Conic (Modified Standard Parallels - Standard Parallel 1 = 50.2; Standard Parallel 2 = 58.5). The exact limits of the UK Continental Shelf are setout in orders made under section 1(7) of the Continental Shelf Act 1964 (©Crown Copyright). Coastline ©Crown copyright and database right [2012]. All rights reserved. Ordnance SurveyLicence number 100017908. Bathymetry ©GEBCO. NOT TO BE USED FOR NAVIGATION. Third-party MPA proposals ©assorted as per map. 08.10.12. All rights reserved.

Third-party proposersCOAST Community of Arran Seabed TrustGWR Gairloch and Wester Ross CommunityMCS Marine Conservation SocietyNTS National Trust for ScotlandRSPB Royal Society for the Protection of BirdsSICC Small Isles Community CouncilSSACN Scottish Sea Angling Conservation NetworkWDCS Whale and Dolphin Conservation Society (with the Hebridean Whale and Dolphin Trust and the Cetacean Research and Rescue Unit)

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MCS1

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2012 MPA AdviceStatus of third-party MPA proposalsThird-party MPA proposals

Recommended to progress through overlapping Nature Conservation MPA proposalFurther work required prior to completing assessment of overlapping MPA search locationNot recommended to progress as part of a Nature Conservation MPA proposal

Bathymetry (GEBCO 2011)100m contours500m contours

Scottish MPA Project areaScottish MPA Project area

OSPAR region boundariesOSPAR Maritime Area

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SNH, JNCC and Marine Scotland identified the following principles for using evidence:1 We will use the best available evidence.2 We will seek evidence from stakeholders, including users, of areas being

considered as Nature Conservation MPAs and we will build on their knowledge where possible.

3 For some sites the requirement for detailed evidence could increase through the process, from selecting Nature Conservation MPAs to designation and management.

4 The level of evidence required to progress search locations to MPA proposals will vary depending on the nature of the search location and the features it supports.

5 More detailed data will be required for those features being used to delineate the boundary of an MPA.

6 The achievement of conservation objectives for protected features of Nature Conservation MPAs will be assessed through the implementation of a monitoring and surveillance strategy.

7 We will make our evidence available to others so as to ensure as much transparency as possible and maintain public confidence.

8 All evidence used to support Nature Conservation MPA selection will be subject to quality review before being incorporated into GeMS1 (the Scottish MPA Project geodatabase).

9 We will use independent expert review at intervals during the project to examine the quality of the evidence and the scientific integrity of our gathering, synthesis and interpretation of evidence.

10 We will routinely publish background material and consultants’ reports, to show how evidence has been gathered, analysed and applied.These principles align with the conclusions of an independent review which

looked at the use of scientific evidence in the selection of marine Special Areas of Conservation in England.

1 Geodatabase of Marine features in Scotland (GeMS)

Atlantic gannet © Richard Shucksmith

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Recommendations to Scottish MinistersOur advice includes 33 MPA proposals (including science-based alternatives and proposals of equivalent ecological value) and four MPA search locations (see Tables 2 and 3).

SNH and JNCC recommend at least 29 of the 33 Nature Conservation MPA proposals are designated (12 in offshore waters and 17 in territorial waters), along with MPAs derived from the remaining four MPA search locations in territorial waters. We believe these sites will meet obligations under the two Marine Acts and make an appropriate contribution to wider policy aspirations for an ecologically coherent network of MPAs. Ministers are able to take socio-economic information into account when deciding which of the science-based alternatives and ecologically equivalent proposals in offshore waters should be taken forward. When Ministers have considered our advice, we will provide more detailed site-based information on those proposals accepted for public consultation.

SNH recommends the completion of work currently underway to support the assessment of the remaining four MPA search locations in territorial waters against the Scottish MPA Selection Guidelines. The four MPA search locations are Southern Trench, Eye Peninsula to Butt of Lewis, Shiant East Bank and Skye to Mull. In our view these areas could make a significant contribution to the Scottish MPA network and we propose to provide advice in 2014 to Scottish Ministers on whether to progress them. These locations should not however be considered as substitutes for Nature Conservation MPAs already recommended. They are being assessed for features (primarily mobile species) that would otherwise not be adequately protected within the network according to the Selection Guidelines.

In our view (provided the work on Special Areas of Conservation, Special Protection Areas and the work outlined in this advice is completed), the proposed MPA network in Scotland’s seas is likely to be ecologically coherent. Furthermore, the representation and replication of features within these Nature Conservation MPA proposals and MPA search locations would satisfy the Scottish Government’s duties relating to the creation of a network of conservation sites under the Scottish and UK Acts. In our view the evolving MPA network in Scotland would also make an appropriate contribution to the OSPAR Commission’s aspiration to establish an ecologically coherent network at the wider NE Atlantic scale.

We advise that 47 existing measures can contribute to the protection of MPA search features in Scotland’s seas. We recommend that as part of 6-yearly reporting cycles, these existing measures, as well as the new MPA proposals, should be assessed to determine whether they continue to contribute to the network. We recommend that, in order to maintain the network’s objectives, alternative protection measures should be identified at the same time that any existing protection measure for MPA search features is proposed for removal. In making these recommendations, we have ensured this advice complies with the principles for the use of evidence as part of the Scottish MPA Project and recommendations on the use of scientific evidence set out in the review by Graham-Bryce (2011)2.

2 Graham-Bryce, I. (2011). Independent review of the evidence process for selecting marine Special Areas of Conservation. Defra Commissioned Report PB13598. Available from www.defra.gov.uk/environment/marine/protect/mpa

Basking shark © Paul Naylor

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Table 1: MPA search features used to underpin the selection of Nature Conservation MPAs in Scotland’s seas

MPA search feature

Habitats Scottish marine area

Blue mussel beds Territorial waters

Burrowed mud Both

Carbonate mound communities Offshore waters

Coral gardens Offshore waters

Deep sea sponge aggregations Offshore waters

Flame shell beds Territorial waters

Horse mussel beds Territorial waters

Inshore deep mud with burrowing heart urchins Territorial waters

Kelp and seaweed communities on sublittoral sediment Territorial waters

Low or variable salinity habitats Territorial waters

Maerl beds Territorial waters

Maerl or coarse shell gravel with burrowing sea cucumbers Territorial waters

Native oysters Territorial waters

Northern sea fan and sponge communities Both

Offshore deep sea muds Offshore waters

Offshore subtidal sands and gravels Offshore waters

Seagrass beds Territorial waters

Sea loch egg wrack beds Territorial waters

Seamount communities Offshore waters

Shallow tide-swept coarse sands with burrowing bivalves Territorial waters

Tide-swept algal communities Territorial waters

Low or limited mobility species Scottish marine area

Burrowing sea anemone aggregations Territorial waters

Fan mussel aggregations Territorial waters

Heart cockle aggregations Territorial waters

Northern feather star aggregations on mixed substrata Both

Ocean quahog aggregations Both

Mobile species Scottish marine area

European spiny lobster Territorial waters

Basking shark Territorial waters

Blue ling Offshore waters

Common skate Territorial waters

Minke whale Territorial waters

Orange roughy Offshore waters

Risso’s dolphin Territorial waters

Sandeels Both

White-beaked dolphin Territorial waters

Black guillemot Territorial waters

Large-scale features Scottish marine area

Continental slope Offshore waters

Seamounts Offshore waters

Fronts Both

Shelf banks and mounds Both

Shelf deeps Both

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Table 2: Nature Conservation MPA proposals (split by Territorial /Offshore sea area)

Name Code Name Code

Territorial waters

Clyde Sea Sill CSS Mousa to Boddam MTB

East Caithness Cliffs ECC North-west sea lochs and Summer Isles NWS

Fetlar to Haroldswick FTH Noss Head NOH

Loch Creran LCR Papa Westray PWY

Loch Sunart LSU Small Isles SMI

Loch Sunart to the Sound of Jura SJU South Arran ARR

Loch Sween LSW Upper Loch Fyne and Loch Goil LFG

Lochs Duich, Long and Alsh DLA Wyre and Rousay Sounds WYR

Monach Isles MOI

Offshore waters

Central Fladen S1 CFL North-west Orkney NWO

East of Gannet and Montrose Fields EGM Norwegian boundary sediment plain S2 NSP

Faroe-Shetland sponge belt FSS Rosemary Bank Seamount RBS

Firth of Forth Banks Complex S2 FOF South-east Fladen S1 SEF

Geikie Slide and Hebridean slope E GSH South-west Sula Sgeir and Hebridean slope E

SSH

Hatton-Rockall Basin HRB The Barra Fan and Hebrides Terrace Seamount

BHT

North-east Faroe Shetland Channel NEF Turbot Bank S2 TBB

West Shetland Shelf WSS Western Fladen S1 WFL

In offshore waters, JNCC have identified two MPA proposals with the potential to make an equivalent contribution to the network for representation of features, these are the South-west Sula Sgeir and Hebridean slope MPA proposal and the Geikie slide and Hebridean slope MPA proposal. This provides an opportunity to consider socio-economic factors when determining which of the areas will represent the features in the MPA network. The MPA proposals of equivalent ecological value have been marked with an ‘E’ in Table 2.

At the request of Marine Scotland, JNCC also identified science-based alternatives for representation of the features present within the Firth of Forth Banks Complex and the Central Fladen MPA proposals:– The Western Fladen and the South-east Fladen MPA proposals have been identified as science-based

alternatives to the Central Fladen MPA proposal, and are marked with S1 in Table 2.– The Turbot Bank MPA proposal and the Norwegian Boundary Sediment Plain MPA proposal have been

proposed as science-based alternatives for the proposed protected features of the Firth of Forth Banks Complex MPA proposal and have been marked with S2 in Table 2. The Turbot Bank MPA proposal has also been proposed for sandeels in their own right.

Table 3: Nature Conservation MPA search locations in Scottish territorial waters

Name Code

Eye Peninsula to Butt of Lewis EPL

Shiant East Bank SEB

Skye to Mull STM

Southern Trench STR

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Scottish Natural HeritageGreat Glen House, Leachkin RoadInverness IV3 8NWT: 01463 725000

Joint Nature Conservation CommitteeInverdee House, Baxter StreetAberdeen AB11 9QAT: 01224 266550

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www.snh.gov.ukScottish Natural HeritageGreat Glen House, Leachkin RoadInverness IV3 8NWT: 01463 725000

© Scottish Natural Heritage andJoint Nature Conservation Committee 2013

You can download a copy of this publicationfrom the SNH or JNCC website.

www.jncc.defra.gov.ukJoint Nature Conservation CommitteeInverdee House, Baxter StreetAberdeen AB11 9QAT: 01224 266550