The Scottish Government

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2. Policy Context

2.1 Scotland has over 11,000kms of coastline (others figures are often quoted - it varies dependent on the scale of measurement), approximately 60% of the UK coastline and one of the largest inshore areas in Europe. If we measure Scotland as that area out to the 12 nautical mile limit then 53% of "Scotland" is water. Around a fifth of the Scottish population lives within 1 km of the sea and the vast majority (70%) live within 10 km.

2.2 Our marine and coastal environment contains many special and some unique landscapes of national and international renown. We have some distinctive habitats, such as sea lochs and maerl beds. Scottish waters are among the most diverse in the world, supporting 8,000 complex and over 36,000 single-cell species and animals. Some species like basking shark and leatherback turtle are of international significance.

2.3 Our coastal and marine areas are of outstanding scenic, historic and cultural value boosting Scotland's image at home and abroad, and the coastal areas support many diverse human communities.

2.4 The need to ensure the long term sustainability of our marine and coastal environment is unquestionable. The challenge is to do this in a way that recognises the social and economic importance of our seas as well as to address the challenge posed by climate change and other human impacts and their effects on the marine environment. The marine and coastal area supports a large variety of economic activity which is important to communities. It has been estimated that:

• Some 16,000 jobs in fishing and aquaculture generate a landing value of £300m from Scottish boats and a "farm gate" value of £340m from aquaculture. Scotland produces about 90% of UK farmed fish and shellfish;
• Marine wildlife watching contributes significantly to Scotland being Europe's number one wildlife watching destination. For example, in Scotland, between 1997 and 2001, the number of wildlife-watching boat trips alone increased by 80% ¹;
• Over half a million people visit Historic Scotland's staffed coastal and island properties generating some £2.5m of income ²;
• Recreational diving opportunities in key areas like Scapa Flow (Orkney), the Sound of Mull, and St Abbs attract many thousands of divers every year (e.g. visitors account for the equivalent of about 15,000 diver days per year at Scapa Flow alone) ³;
• The domestic production of oil and gas supports 164,000 jobs in Scotland including those directly employed by oil companies and the supply chain. Up to a further 42,000 jobs are supported by the supply chain export activity; ⁴ and
• Scotland's ports handle around 110 million tonnes of cargo every year, making a substantial contribution to the Scottish economy as employers, at the heart of clusters of marine-related industries and as key gateways for goods and people into Scotland.

2.5 As well as more directly measurable economic activity there is also an inherent value of Scotland's coasts and seas, containing healthy marine ecosystems that bring many benefits to people and the environment. For example, as a direct source of natural resources (e.g. fisheries, aquaculture, raw materials), natural services (e.g. water recycling, stable weather and climate), contributing to tourism, recreation and aesthetic concerns, and a capacity to absorb waste.

2.6 In addition to these activities there is huge potential in the marine renewables energy market to exploit our wave and tidal resources which are amongst the best in the world. Using these resources will assist in mitigating the effects of climate change. These new technologies must of course be developed in a way that takes into account existing users of the marine environment, for example including the need to ensure safe navigation.

2.7 The marine and coastal environment is, of course, international and how we in Scotland, the rest of the UK and across Europe manage the plethora of activity in the marine resource sustainably to our mutual benefit is a key issue. The wider dimension to managing our seas is recognised by the Scottish Executive playing a full part in relevant international and EU agreements aimed at ensuring the long term sustainability of our marine and coastal environment, e.g. Natura and OSPAR. The Executive, UK Government and the EU are agreed that marine activity and policy needs to be managed in a framework that promotes long term sustainability.

2.8 Since the mid 1980s there have been increasing competing interests in the marine environment from:

• Commercial fishing;
• The rapid growth in the aquaculture sector;
• Increasing interest in expanded shipping activities such as container ports and ship-to-ship oil transfer;
• The projected future growth of sea freight traffic (e.g. promotion of short sea shipping to encourage freight off the road), the growth in the cruise liner market, and the provision of lifeline ferry services to remote and island communities;
• A growth in demand for renewable energy and technological developments that allow Scotland to exploit this natural resource;
• The growth of "nature-based tourism" into an important activity in many coastal communities;
• Increased recreational use of the coastal and marine areas;
• A growing interest in the environment in general and a trend to more sustainable approaches to human activity; and
• A growing understanding of the marine and coastal environment, an appreciation of the importance of marine biodiversity and identification of important conservation sites that are important in the European context.

2.9 As our appreciation of the marine and coastal environment has grown so has our use of it. Striving to manage this greater demand for marine space in a sustainable way is at the heart of Scottish Executive policies. The policy landscape has been subject to many changes and drivers in recent years with more initiatives under way at present.

"Seas the Opportunity"

2.10 "Seas the Opportunity - A Strategy for the long term sustainability of Scotland's Coasts and Seas", was published in September 2005. This sets out a vision for clean, healthy, safe, productive and biologically diverse marine and coastal environments, managed to meet the long term needs of nature and people. This is founded on the principles of sustainable development. This vision endorses the vision included in the UK Government and devolved administration "Safeguarding our Seas" published in 2002. The Strategy set out the delivery mechanism of a stakeholder group ( AGMACS), chaired by the Minister.

Integrated Coastal Zone Management ( ICZM)

2.11 The term "Integrated Coastal Zone Management" ( ICZM) refers to the process of coordinated management of resources and activities in coastal waters, across the land-water interface. It covers a range of approaches generally aimed at pre-empting or reducing conflicts of interest, agreeing common objectives and ensuring that activities at the coast and sea are managed in a coordinated and sustainable way. ICZM can be delivered via the use of a range of analytical, policy and communication "tools", such as Marine Spatial Planning. A range of mechanisms operating at different scales may be required to enable ICZM principles to be properly implemented.

2.12 Local Coastal Partnerships are voluntary partnership groups of localized interests and national organisations, which were first established in Scotland in the early 1990s as a means of delivering ICZM, originally as part of SNH's "Focus on Firths" initiative. There are currently 7 local coastal partnerships around Scotland, predominantly located on the Firths. In each case the Partnership deals with matters relating to the multiple and occasionally conflicting uses made of local coastal waters. In 1996, the then Scottish Office established the Scottish Coastal Forum, under independent chairmanship, to advise Ministers, providing a national focus for ICZM delivery in Scotland and to support the development of Local Coastal Partnerships.

2.13 Currently ICZM delivery has no statutory basis, although the European Union issued a (non binding) Recommendation on the implementation of ICZM in 2002. A question on the successful implementation of ICZM is included in the EU Maritime Green Paper consultation.

Marine Spatial Planning

2.14 A related technique is Marine Spatial Planning ( MSP) which has developed in reaction to the competing pressures for marine space. MSP could be used to manage the multiple, cumulative and sometimes conflicting uses of the sea, in a sustainable way. This was included in the 2004 consultation that led to the publication of "Seas the Opportunity" and is also the subject of pilot projects under the Scottish Sustainable Marine Environment Initiative ( SSMEI), which are considering the potential for MSP and other means of managing coastal and marine activity.

Water Framework Directive ( WFD)

2.15 The 2000 Water Framework Directive provided a European framework to deliver good ecological status of Europe's water from source out to 1 nautical mile from baselines. This includes Scotland's coastal waters which represent a large majority of the 12 mile territorial sea. The WFD is currently being implemented in Scotland by SEPA under powers provided by the Water Environment and Water Services (Scotland) Act 2003. Coastal waters (out to 3 nautical miles) have been divided into a number of water bodies, which taken together form part of the Scotland River Basin District. This will be subject to an overall Scottish River Basin Management Plan (with additional plans for Tweed and Solway), the first of which is due to be in place by December 2009. It is currently being prepared by SEPA in liaison with National and Area Advisory Groups and Area Advisory Group Forums which all include marine as well as terrestrial stakeholders.

UK Wide Heritage Protection Review

2.16 In 2004-05, the Department of Culture, Media and Sport ( DCMS) and the devolved administrations undertook a public consultation "Protecting the Marine Historic Environment: Making the System Work Better". Responses to this consultation and subsequent advice by working groups suggested that reform of the current marine heritage protection legislative framework was needed, and that any new legislation should continue to be UK-wide. In light of this, the Heritage Protection Review White Paper, due to be published in March 2007, will contain a marine chapter with proposals for reform of marine heritage protection. These proposals will affect Scotland's territorial seas, out to 12nm. Historic Scotland will continue to have responsibility for any new legislation in this area.

UK Marine Bill

2.17 In addition to the policy direction set out by the Executive vision outlined in "Seas the Opportunity", the UK Labour Party election manifesto contained a pledge to legislate for a more coherent approach to managing the UK's marine environment i.e. a Marine Bill. In the absence of a commitment in the November 2006 Queen's speech to publish a Bill, the Secretary of State for the Environment and Rural Affairs decided to publish a White Paper in March 2007.

2.18 The key elements of the UK Marine Bill will be a new system of Marine Spatial Planning; licensing reform, merging some disparate regimes for development consents (but not oil and gas licensing which DTI has ring-fenced); new nature conservation measures in territorial and offshore waters to implement marine protected areas (called Marine Conservation Areas); the creation of a Marine Management Organisation to deliver some or all of the above, together with some existing functions; and changes to inshore fisheries' management in England.

European context

2.19 There are two other processes at European level, parallel to the UK Marine Bill, both of which will influence the Scottish approach. Firstly, political agreement on the European Marine Strategy Directive was reached at the December 2006 Environment Council. Once in force, this will require Member States to develop national strategies for their marine areas with the aim of achieving Good Environmental Status ( GES) by 2021. The strategies should be developed in co-operation with other Member States for areas such as the North Sea and the Celtic Seas. They will require environmental targets to be set and management measures to be in place to achieve GES. The Commission often cites these "measures" as Marine Spatial Planning, though this is very much strategic Marine Spatial Planning. The pending Directive will need to be transposed to cover the seas from territorial sea baselines to the limit of Member State jurisdiction.

2.20 To implement the Directive, each Member State will be required to designate a Competent Authority. The current draft of the Directive allows for there to be "one or more" competent authorities; this provision is unlikely to change. In the UK context this could allow a separate Competent Authority to cover devolved responsibilities (as in the WFD). We would need to identify such a body in Scotland and this adds support to the consideration for a Scottish Marine Management Organisation. We understand that DEFRA's initial thinking is that the UKMMO, proposed in the White Paper, would implement as much of the Directive as possible. Consideration is still needed as to how the Directive will be implemented in Scottish waters.

2.21 Secondly, the European Maritime Green Paper opened for consultation in June 2006 and closes in June 2007. It seeks to establish the need for a high level management framework / EU policy for Europe's oceans and seas. A number of ideas are floated for consultation but one of the main planks of delivering the necessary management of Europe's seas is seen as Marine (or Maritime) Spatial Planning, again of the strategic variety. The detail of this will develop over the coming years. How this is undertaken will have to be considered but could be a natural province for the UKMMO and possibly a Scottish MMO.

European and International Obligations

2.22 Scotland must also comply with existing EU and international obligations aimed at marine nature conservation. The EC Habitats and Wild Birds Directives place a legal obligation on Member States to select and designate areas for the protection of species and habitats recognised as being of European importance. These designated sites are collectively known as the Natura 2000 network. Special Areas of Conservation ( SACs) designated under the Habitats Directive and Special Protection Areas ( SPAs) under the Wild Birds Directive have been fundamental in the protection of internationally important species and habitats found within Scotland.

2.23 In addition to these commitments, the UK agreed at an OSPAR⁵ meeting in Bergen, Norway, to develop an ecologically coherent network of well managed Marine Protected Areas by 2010, with a view to halting the loss of marine biodiversity. Scotland's Natura sites will form part of this network.

2.24 Other considerations which also must be taken into account in developing marine policy include the European Union's "Gothenburg" target of stopping biodiversity loss by 2010, currently being taken forward through the Scottish Biodiversity Strategy, and commitments made under the World Summit on Sustainable Development ( WSSD) ⁶.

The Recommendations

2.25 Against this background AGMACS has considered the way forward in relation to Scotland. While complementary measures are being taken forward by the UK in relation to reserved issues, our recommendations aim to meet our own unique circumstances while playing our full part in meeting international commitments. The recommendations are summarised below.

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