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6. Marine Nature Conservation
6.1 A workstream on Marine Nature Conservation, Chaired by Michael Scott, was established at the third meeting of the Group. The objective of this work was to consider and report back on recommendations on the potential need for new legislation on marine nature conservation. The preliminary report, AGMACS(06)27, was presented to AGMACS in September 2006 and a final report, AGMACS(06)41 ( Annex 7), was considered in December 2006. Following discussion at the December meeting a paper giving a summary of the conclusions of this work was produced ( Annex 8).
Workstream Recommendations
6.2 The workstream made the following Recommendations.
6.2.1 A Scottish set of Marine Ecosystem Objectives ( MEOs) 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 the broad policy approach of 'living within environmental limits'. They should be nested within a wider set of MEOs for UK waters and for the Regional Seas around Scotland.
6.3 The workstream agreed that to be effective, marine nature conservation must be based around 3 pillars. The recommendations below are indicated under each of these.
The Species Conservation Pillar
6.3.1 Measures should be introduced to ensure that the Wildlife and Countryside Act 1981, as amended, is enforced more effectively at sea: this may require legislative changes to give officers of the Scottish Fisheries Protection Agency and/or Marine Management Organisation the power to act as constables while carrying out their duties at sea where such powers are not currently available, additional resourcing for existing enforcement measures, or both.
6.3.2 SNH and the JNCC should be asked to carry out an immediate assessment, based upon objective criteria, of whether additional species on the List of Species and Habitats considered to be of principal importance for the purpose of Biodiversity Conservation in Scotland, would benefit from being included in the schedules of the above Act, as amended.
The Policy Pillar
6.3.3 Scottish Ministers should consider urgently the need for certain activities which at present are unregulated in the marine environment to be brought within a licensing regime. The recent review of unlicensed activities by the University of Hull, commissioned by DEFRA, will provide a useful starting point for this consideration.
The Site Protection Pillar
6.3.4 To meet OSPAR9 and World Summit on Sustainable Development ( WSSD) commitments, Ministers should introduce a new flexible regulatory mechanism for area-based biodiversity conservation in Scottish waters.
6.3.5 Given that such a new flexible regulatory mechanism will be required, Ministers should consult on whether this mechanism should also include provision for the establishment of protected areas based on purely Scottish priorities 10, consistent with the agreed MEOs.
6.3.6 This regulatory mechanism should be designed to support the agreed Scottish MEOs and should be based on objective scientific criteria. Any protection measures included within this mechanism should be proportionate, fully transparent and integrated within the MSP (and ICZM) mechanisms. However, the mechanism should give Ministers fallback powers where required, equivalent to those in the Conservation (Natural Habitats &c.) Regulations 1994, to prevent damage to the special features for which any such protected area was established.
6.3.7 Subject to their conclusions on recommendations 6.3.4 and 6.3.5 above, Ministers should consider repealing outdated legislation allowing for the establishment of statutory Marine Nature Reserves in Scotland.
AGMACS Recommendations
6.4 Following consideration of the Workstream Report, subsequent discussion, and the Summary Report at Annex 8, AGMACS makes the following recommendations.
6.4.1 Scotland's system of marine nature conservation should follow a 3-pillar approach, based on objective scientific guidance, with specific measures for species conservation, policy, and site protection. The precise detail of these measures should be subject to further consideration and exploration, with the overall aim of meeting the biodiversity commitments already made by Ministers. The measures should take socio-economic considerations fully into account to ensure an overall sustainable development approach.
6.4.2 That a Scottish set of Marine Ecosystem Objectives ( MEOs) 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 the broad policy approach of 'living within environmental limits'. They should be nested within a wider set of MEOs for UK waters and for the Regional Seas around Scotland.
6.4.3 AGMACS notes the UK Government's obligations and commitments under the Natura Directives, OSPAR and the nature conservation aspects of the World Summit on Sustainable Development.
6.4.4 AGMACS acknowledges the in-depth analysis of the nature conservation requirements and priorities in Scotland's marine environment undertaken by the workstream group.
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