LIST OF CONSULTATION QUESTIONS
CHAPTER 1 - SETTING THE SCENE
Q1 Do you agree that change is needed to the management and legislative framework for managing Scotland's seas?
Q2 For each of the following areas, do you agree that Scottish Ministers/Scottish Parliament should put in place a new legislative and management framework to deliver:
a) a new system of marine planning for the sustainable use of Scotland's seas;
b) improvements to marine nature conservation to safeguard and protect Scotland's marine assets;
c) a streamlined and modernised marine licensing and consents system;
d) better stewardship backed up by robust science and data; and
e) a new structure, Marine Scotland, to deliver sustainable seas for all?
Q3 What difference would these changes make to your area of interest?
Q4 Scottish Ministers believe there are strong practical reasons for further discussion with the UK Government on the allocation of responsibilities around the seas of Scotland. Do you agree with this approach?
CHAPTER 2 - CREATING STABILITY: MARINE PLANNING AND INTEGRATED COASTAL ZONE MANAGEMENT
Q5 Do you agree with the overall 3-tier approach to marine planning in Scotland?
Q6 Do you have any comments on the proposals for a National Marine Plan and the role of Marine Scotland in relation to planning at the Scotland level?
Q7 Do you have any comments on the approach to setting out national objectives for marine planning?
Q8 Do you agree with the overall approach to planning at the international level beyond Scotland? Do you have any further suggestions or comments to add to the proposed approach, in particular on the UK high level objectives?
Q9 Should Scottish Ministers use the Marine Planning system to deliver Scotland's obligations under the Marine Strategy Framework Directive?
Q10 Do you agree with the overall approach and functions for Scottish Marine Regions? Do you have any further comments on the proposed approach to planning at a regional level?
Q11 Do you agree that Scottish Marine Regions should be responsible for integrated coastal zone management?
Q12 Do you agree that Scottish Ministers should place a duty on Scottish Marine Regions to adopt the eight principles defining integrated coastal zone management?
Q13 Do you have any other comments on the delivery of integrated coastal zone management alongside marine planning?
CHAPTER 3 - REDUCING THE BURDEN: LICENSING AND ENFORCEMENT
Q14 Does licensing remain an effective method of delivering both certainty for investment purposes, and protection for the marine environment?
Q15 The existing licensing system covers most of the impacts on the seas from existing activities. One area of activity that has potentially large impacts and is not licensed is dredging. Scottish Ministers propose to license all new forms of dredging ( i.e. those forms that agitate the sea bed). Do you agree? Are there other activities that should be licensed?
Q16 Scottish Ministers intend to create powers to set out a list of licensable activities in regulations. Do you have any views on this approach?
Q17 The proposed Marine Scotland should have general responsibility for the delivery of the marine licensing system. Do you agree?
Q18 Scottish Ministers intend to reduce the numbers of marine licences that developers require to get before an activity can take place. There are two ways to reduce the numbers of licences either by creating a single licence for all marine impacts or by creating a single licence for each activity. Which system do you prefer?
Q19 Marine Scotland could undertake the licence work itself or operate as a front door coordinating the work of others. Do you have any views on these options?
Q20 Do you agree with the proposed approach to consultation involving local stakeholders? Do you have any further comments?
Q21 Do you agree that the revised licensing system should incorporate the simplified CAR model throughout, to focus scrutiny on higher risk activities/ impacts and reduce the regulatory burden?
Q22 Scottish Ministers intend to provide Marine Scotland with powers to insert conditions into licences. Do you agree with this approach? In particular Scottish Ministers intend to create a standard condition on removal of redundant kit and installations, do you agree?
Q23 Scottish Ministers believe an appeals procedure for those directly involved in the licence application would be a beneficial development. Do you agree?
Q24 To provide an easy and transparent system, do you agree that a scale of charges related to cost recovery is the most appropriate way to recover the costs of assessing, issuing, monitoring and enforcing licences?
Q25 The Scottish Government proposes a review of existing licence monitoring and enforcement provisions relating to the marine environment and wishes to consolidate them into a single set of coherent powers and remedies. Marine Scotland should be tasked with ensuring compliance monitoring and enforcement activity is carried out consistently and efficiently. Do you agree?
Q26 Please provide any further comments you have on the licensing provisions in the consultation paper.
CHAPTER 4 - SECURING THE FUTURE: NATURE CONSERVATION
Q27 Do you agree that our system of marine nature conservation should be based on the three pillar approach?
Q28 Please provide your views or comments on the application of Marine Ecosystem Objectives for marine nature conservation.
Q29 Do you agree it would be worthwhile to have a biodiversity duty in the offshore area around Scotland?
Q30 Do you have any other suggestions for making improvements to Pillar I - wider seas measures?
Q31 Do you agree with the proposals for a science-based review of whether new marine species need to be added to the existing list of protected species?
Q32 Do you have any further comments or suggestions for making improvements to Pillar II - species conservation?
Q33 Do you agree with the overall principle of the introduction of a power to select new types of site?
Q34 Do you agree with the assessment of the three main types of requirements for site protection? Do you have any further comments on this?
Q35 Do you have any views on whether or not a "single approach" should be taken for marine historic and natural environment site protection?
Q36 Do you agree with the proposals on how a new flexible site protection power will be used? Do you have any other comments?
Q37 Do you have any views or comments on whether a single integrated power should be used to deliver these proposals?
Q38 Do you agree with the proposals for how sites will be managed, including the site by site approach and overall context of sustainable development?
Do you have any additional comments?
Q39 Please provide us with your views on the role that a wider planning system should have in the identification of Marine Protected Areas?
Q40 Do you have any other comments or suggestions for making improvements to Pillar III - site protection?
Q41 Would you agree with the principle that the offence against damage to Natura sites should apply to marine sites? What are your views on whether a similar offence should be introduced for damage to other Marine Protected Areas?
Q42 How can we enhance the contribution which the wild marine environment makes to Scotland's economy?
APPENDIX TO CHAPTER 4 - SEALS FORUM REVIEW OF THE CONSERVATION OF SEALS ACT 1970
Q43 Do you have any views or comments on the options for improving conservation measures for seals? Do you have any specific comments on:
a) equal treatment across all sectors (licensing and seal conservation orders);
b) welfare issues;
c) the "Netsmen's defence";
d) reporting and monitoring;
e) relationship with the EU Habitats Directive; and
f) any other comments?
CHAPTER 5 - UNDERSTANDING OUR SEAS: SCIENCE AND DATA
Q44 Do you agree that Scottish Ministers should develop a marine science strategy to focus marine scientific effort, integrate socio-economic considerations, and to create a framework for wider stakeholder input?
Q45 Do you have views on how to integrate scientific evidence with stakeholder and local knowledge?
Q46 What do you think are the potential priorities for further work?
Q47 Scottish Ministers propose that the strategic role for the monitoring and assessment of Scotland's seas lies with Marine Scotland, do you agree?
Q48 Scottish Ministers propose to instruct Marine Scotland to take forward the development of GIS as a matter of priority. Do you agree?
CHAPTER 6 - MANAGING OUR SEAS: MARINE SCOTLAND
Q49 Scottish Ministers propose to develop Marine Scotland to champion the seas and their use and provide better integrated and streamlined delivery in the marine area. Do you agree?
Q50 Scottish Ministers propose that Marine Scotland deliver marine planning proposals as set out in Chapter 2. What are your views on this proposal?
Q51 Do you agree with the approach set out for fisheries and aquaculture management? Do you have any further comments in connection with this approach?
Q52 What are your views on the arguments relating to where control for aquaculture should lie?
Q53 Do you have any views on the role that FRS should take?
Q54 What are your views on the creation of Marine Scotland and the proposed range of functions it should deliver?
Q55 Do you have any views on the development of Marine Scotland's role and functions over time?
Q56 Ministers believe Marine Scotland should form part of Scottish Government with appropriate safeguards for science and the appeals process. Do you have any views?
WHAT DO YOU THINK?
Q57 Are there any other aspects of the proposals in this consultation document on which you wish to add your views?