On this page:

Sustainable Seas for All: a consultation on Scotland's first marine bill

« Previous | Contents | Next »

Listen

CHAPTER 2 - CREATING STABILITY

INTRODUCTION

42. A new statutory marine planning system is proposed to ensure sustainable economic growth in the seas around Scotland. Marine planning is emerging as a coherent way to maximise and balance the various uses made of marine resources, ranging from aquaculture to renewables. It can also build and deliver the established concept of integrated coastal zone management ( ICZM).

43. Marine planning will allow decisions to be made in agreement with a variety of stakeholders working together to produce a suite of Marine Plans for different geographic or administrative areas. The Plans will not be confined to purely spatial matters but could be deployed to allow temporal zoning, recognising that various interests could use the same sea area at different times.

A MARINE PLANNING SYSTEM FOR SCOTLAND

Principles

44. Marine planning has emerged over the last few years as a mechanism for managing and allocating space in the marine environment. The Royal Town Planning Institute has identified a list of the fundamental principles of spatial planning that could be applied to the development of marine planning:

  • it deals with the spatial implications of development and activity with different interconnected scales of geographical significance;
  • there requires to be an integrated and collaborative approach to ensure that all relevant factors affecting spatial development are considered both in plan preparation and in delivery mechanisms;
  • such integration applies to objectives for economic development, social justice and inclusion, environmental integrity and transport and accordingly makes a major contribution to sustainable development;
  • the processes of planning must be fully inclusive and its outcomes should embrace equality and reduce social and spatial inequality;
  • plans and planning policy must be value driven and seek to add value, rather than impose a straightjacket of common standards; and
  • a plan is not just a map, it has to be associated with the activity of planning as a management process and must therefore be action orientated and linked to mechanisms, both regulatory and proactive, for ensuring that the intended results are achieved.

45. Formulation of a marine planning system needs to integrate with existing statutory planning regimes in and around the marine environment. These include River Basin Management Planning ( RBMP) initiatives under the Water Framework Directive ( WFD), Inshore Fisheries Group plans and local authorities' existing planning responsibilities. In the near shore zone (approximately out to 6 nautical miles), where competition for space may be more of an issue, a planning system should also consider how it will successfully link and implement an integrated approach to the management of coastal resources.

Scope

46. A Scottish marine planning system would cover all activities, constraints and obligations in the marine environment around Scotland to the extent that they are within devolved competence. This might include:

  • marine renewables;
  • biodiversity obligations;
  • marine nature conservation measures;
  • sea fisheries and inshore fisheries;
  • ports and harbours;
  • aquaculture;
  • activities covered by regimes such as marine licensing and environmental consents including pollutions;
  • pipelines and cables;
  • sand and gravel extraction;
  • marine historic environment; and
  • recreational activities and tourism.

47. Putting in place a marine planning system will enable us to ensure that the resource needs for marine space of different sectors are properly taken into account and managed. It will provide the confidence which investors need to make investment decisions, for example for offshore renewables (Box 2.1) knowing that the marine assets upon which they depend will be made available.

Box 2.1 Offshore Renewables

Scotland's potential to generate from offshore sources of renewable energy (wind, wave and tidal) is well established. The study 'Scotland's Renewable Resource' 7 published in 2001, estimated that a total offshore energy resource of 46.5 GW exists around the coastline. Offshore renewables resource is plentiful and predictable. Taking account of environmental and other constraints, studies confirm that a significant proportion of this total can be developed. Within our current knowledge of environmental impacts the Scottish wave and tidal energy Strategic Environmental Assessment 8 estimated that 2.6 GW of marine energy could be deployed by 2020 - a figure which will rise as our knowledge of the operation of marine energy devices increases.

The Scottish Government has been at the forefront of developing the industry. Financial support has been awarded to marine energy sector to develop and commercialise technology, most notably through the £13.5 million Wave and Tidal Energy Support Scheme ( WATES), and £3 million grant to pioneer deepwater offshore wind power in the Moray Firth. We've also provided world leading wave and tidal test facilities at the European Marine Energy Centre ( EMEC) in Orkney. Through Scottish Government investments in technology, test facilities, and innovative revenue support schemes, we are recognised as one of the leading nations for these technologies. This lead is by no means certain and other nations are beginning to make available enhanced support schemes and testing infrastructure.

Our policy has been driven by three factors: economic development potential; environment and sustainability; and security of energy supply. Scotland has the indigenous skills, expertise, and facilities needed for the design, manufacture and maintenance of offshore devices. Scotland's expertise in offshore oil and gas engineering provides a workforce skilled in offshore manufacturing. Offshore renewables gives these existing industries an opportunity to diversify into new markets. For example, far greater wind resource is available offshore than onshore, both in terms of overall wind speed and availability.

Scotland also has the opportunity to capture a global lead in marine and offshore renewables - the market for wave and tidal energy alone is estimated by the Carbon Trust to be worth £4.5 billion by 2050. The momentum created over the past few years needs to be maintained through a combination of financial support and test devices deploying quickly in Scottish waters. Some of the potential benefits offered by offshore renewables can already be seen in and around EMEC. Developer interest in locating to the centre has stimulated local supply chains in manufacturing and maintenance - something we believe could be replicated in other communities.

It is not in our interest to see offshore technology placed in unsuitable sites but consideration needs to be given to the positive effects offshore renewables can bring in the form of reducing carbon emissions and creating a greener and sustainable Scotland. If its significant green energy potential is to be captured and utilised, a pragmatic approach to its development needs to be adopted.

The Scottish Government is working to both assess the environmental impact of the offshore renewables and locations most suitable for their development. The wave and tidal SEA started this work for marine energy. The Marine Energy Policy Group will take forward environmental research and provide the sector with locational guidance. This group is focussed on creating understanding between stakeholders needed to get devices in the water.

The proposed structure of marine planning in Scotland

48. It is generally accepted that marine planning should be based on a 3-tier system; national, sub-national and international. The experience of the Irish Sea Pilot Project 9 suggests a 3-tier approach offers a good balance between detailed planning, accessibility and usability.

49. In Scotland we propose that these tiers comprise:

  • the Scotland level - in a Scottish Marine Planning System the first of the tiers is the Scotland level. A National Marine Plan would be prepared which sets out marine objectives and marine planning framework at a strategic level. The National Marine Plan would be part of the National Planning Framework for Scotland and the integration of high level marine, coastal and terrestrial issues would begin at this point;
  • the international level beyond Scotland - the international level would deal with planning matters that are external to Scotland, setting Scottish waters within the wider UK, EU, North Atlantic and global frameworks; and
  • the regional level within Scotland - below Scotland, Scottish Marine Regions ( SMRs) will deal with local planning and management and will have day to day responsibility for ICZM. The focus here should be on planning at an appropriate level, suited to the needs and uses of smaller ecosystem units, whether a whole firth or individual sea loch.

50. It is within the wider planning system that issues of integration between the different issues and areas will be considered. These will include relationships: between coast and sea; between adjacent Scottish Marine Regions; across boundaries with England and the other devolved administrations; and across the 12nm limit and other international boundaries.

Q5 Do you agree with the overall 3-tier approach to marine planning in Scotland?

Planning at the Scotland Level

51. Scottish Ministers intend that there will be a National Marine Plan for Scotland. It will set out policies and priorities for the sustainable use, development, management and protection of Scotland's marine and coastal resources. Scottish Ministers believe the National Marine Plan should deal with appropriate activities for all of Scotland's waters, both the inshore and offshore areas out to 200nm, although this will require further devolution of powers to Scotland. If further devolution is not forthcoming, marine planning in the inshore area (out to 12nm) will be detailed, whilst in the offshore area (out to 200nm) planning will only apply to the limited range of functions devolved to Scottish Ministers (see Figure 1.3).

52. Marine Scotland will be responsible for the creation of the National Marine Plan as well as for its integration into the National Planning Framework for Scotland and other key national strategies. Marine Plans will have statutory force and, in exercising their devolved functions, all Scottish public bodies, will have to act in accordance with them. The Plan will also set out national policies and priorities considered in the context of effective co-operation with Scotland's partners. Marine Scotland will be responsible for writing the draft National Marine Plan with the help of key stakeholders and will consult on the contents of the plan before seeking Scottish Ministers' agreement.

53. A key aspect of the National Marine Plan will be the setting of national marine objectives (Box 2.2). Objectives will determine both our use and the limits on our use of the seas and will be developed within the context of sustainable economic growth. Marine Scotland will be responsible both for writing draft national marine objectives and for ensuring that any objectives set by SMRs, and local/regional Plans are consistent with the national marine objectives. National marine objectives will include the contribution which the sea will make to Scotland's overall sustainable economic growth objective, including specific objectives on energy, food and tourism.

The objectives will also reflect international commitments such as those within OSPAR and the requirements of the EU Marine Strategy Framework Directive ( MSFD) 10, as well as taking account of any jointly agreed UK marine objectives. Ministers propose that Marine Scotland examine and where possible develop joint objectives for the regional seas around Scotland. Marine Scotland will draft and consult on national marine objectives before seeking Scottish Ministers' agreement to the objectives. This process could either happen as part of the wider planning process or separately.

Box 2.2 Objectives

The Scottish Government's key purpose is to focus on creating a more successful country with opportunities for all of Scotland to flourish through increasing sustainable economic growth. 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.

Social and economic objectives will include objectives for specific sectors-energy, food and tourism. These will be framed to secure the exploitation of renewable energy resources, in line with targets, the sustainable harvest of the sea and and the sustainable exploitation of wider marine natural resources.

In addition to the overarching objectives set by Scottish Ministers, the EU Marine Strategy Framework Directive will create an obligation on Scottish Ministers to "take necessary measures to achieve and maintain good environmental status". Scottish Ministers will have to comply with this obligation by 2020. In addition, there will be a set of objectives developed by UK Government Ministers, and Scottish Ministers will wish to consider how we can best work with the UK Government to deliver any joint objectives including those with other administrations for the regional seas around Scotland (see Box 2.4 and Annex B).

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;
  • promoting good governance; and
  • using science responsibly.

54. Scottish Ministers intend that as well as planning for Scotland's seas, they should actively manage them. Initially management will take place through the licensing system and the compliance monitoring duty fulfilled by Marine Scotland. However, these tools are limited and Scottish Ministers intend that Marine Scotland should develop additional mechanisms to deliver ecosystem level management.

55. Scottish Ministers intend to place a duty on Marine Scotland to deliver ecosystem management. Recent developments in real-time fisheries closures (Box 2.3) might provide a template for further ecosystem management tools. In pursuing this duty there may be a requirement for Marine Scotland to be able to intervene where devolved activities threaten to damage fishing grounds or the wider ecosystem. Scottish Ministers would therefore propose to provide Marine Scotland with a fall-back power to stop activities.

Timescales

56. 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.

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?

Planning at the international level beyond Scotland

57. As the plan making body, Marine Scotland will be responsible for agreeing with cross border partners how to achieve a consistent approach to planning and management at the appropriate boundaries (see Box 2.4) and for the interaction of a Scottish function with other

planning authorities. Scottish Ministers intend to consult with any partners across the appropriate national or international boundary. Marine Scotland will also be responsible for discussions and agreeing how the Scottish Marine Plan and reserved activities interact. As a minimum this interaction may simply take the form of taking into account existing plans for reserved activities in the Scottish National Marine Plan. The RBMP framework, and the measures adopted for the Solway and Tweed catchments, may provide a model for co-operative cross boundary working.

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?

58. Marine Scotland will have responsibility for delivering Scotland's contribution to the UK's implementation of the MSFD (Box 2.5). The initial assessment required by 2012 under this Directive will be based on the work of two key reports planned for 2010, the State of Scotland's Seas 2010 and Charting Progress II. Work is already underway to ensure an integrated approach is taken that maximises efficiency and minimises duplication in undertaking this work (see chapter 5).

Figure 2.1 "Snapshot" of real-time closures operating on 9 May 2008

Figure 2.1 "Snapshot" of real-time closures operating on 9 May 2008

Box 2.3 Ecosystem Management - Real-time closures

The Scottish Government's Marine Directorate began its real time closure scheme in September 2007. Real-time area closures are widely accepted as having the potential to contribute an effective means of protecting cod. Positive comments have been received from a full range of interested parties for the introduction of a trial system, on a voluntary basis.

The basic principle of the scheme is that on detection of a high abundance of cod using a sampling regime, either applying the closure to juvenile or spawning cod depending on the fishery. A limited area (225 square miles) will be closed for 21 days, after which the area will be automatically reopened (see Figure 2.1). Notification of the closures are disseminated through the fishing licensing system and on the Marine Directorate website.

On 1 January 2008 the scheme was incorporated into a package of effort management measures being operated on a national basis which goes under the heading in Scotland of Conservation Credits Scheme. Fishermen have been rewarded with additional fishing hours for co-operating with the closures. The fishing industry, SFPA and science services have worked very closely with the Marine Directorate on the development of the scheme. We are currently operating the scheme to cover aggregations of all cod regardless of size. To date we have instigated 13 closures with excellent compliance from our own fleet and those of other countries.

Neither Scotland nor the European Union has ever before adopted a system of real-time area closures.

Box 2.4 Relationship with the UK

Defra is currently working towards the introduction of a UK Marine Bill in November 2008. The draft Bill 11 was published in April 2008 setting out proposals for a new statutory system of marine planning in UK waters. The UK Marine Bill does not empower a marine plan for Scotland's territorial waters but does address the area around Scotland beyond 12nm. High level objectives are already being developed as part of the UK Marine Bill process. A copy of draft high level objectives, which UK Ministers would like to be agreed by all administrations across the UK, is included in Annex B. Scottish Ministers would be interested to hear stakeholders' comments by 30 September on these draft UK objectives to allow them to respond to UK Ministers. Marine Scotland will take forward work on objectives depending on views. An alternative option would be to agree objectives for the regional seas with partner administrations.

There is a complex mix of devolved and reserved powers for the seas around Scotland (Figure 1.2). Scotland clearly already has the power to legislate for marine planning out to 12nm. To apply marine planning provisions to reserved matters in these waters, the agreement of the UK Government would be needed. Scottish responsibilities for fishing, and for regulating some other activities, stretch out to 200nm. The 12nm limit around Scotland's coast is an artificial administrative boundary within the marine ecosystems around Scotland, inhibiting the delivery of a coherent and consistent ecosystem approach. Scottish Ministers believe that further devolution to Scotland of the proposed new powers over marine planning in the offshore area ( i.e. beyond 12 nm) would support a framework that enables the development of effective and holistic marine policies to address the distinctive marine environment of the seas around Scotland.

Box 2.5 EU Marine Strategy Framework Directive ( MSFD)

The Directive 10 was finalised in December 2007 but is not yet in force. It will require Member States to develop national marine strategies for their marine area, designed collectively to achieve Good Environmental Status ( GES) for Europe's marine environment by 2020. The strategies, based on an initial assessment of the seas, would establish environmental targets, indicators and monitoring programmes. These would then form the basis for programmes of measures, or management regimes, which manage human activity to ensure that GES is achieved.

The overall programme of measures for achieving GES would be the various decision-making mechanisms that exist for the activities that take place in the sea. Marine planning is emerging as a way of integrating these decisions to deliver such aims as the ecosystem-based approach to management, as well as achieving GES A Scottish National Marine Plan could therefore be used to fulfil the MSFD obligations and set out the programme of measures to achieve GES in the waters around Scotland.

The MSFD will also require Member States to cooperate within and between regions of seas (within the North East Atlantic Ocean there are sub-regions of the Greater North Sea and Celtic Seas) to achieve GES and to use relevant international fora ( e.g.OSPAR) to coordinate their actions. The Scottish Marine Plan will need to be prepared and delivered, taking into account the wider international context, while recognising that the UK is the contracting party on many of these fora.

Planning at the regional level within Scotland (Scottish Marine Regions)

59. Scottish Ministers propose that Scottish Marine Regions ( SMRs) will be the means by which marine planning and management takes place at the sub-Scotland level. Marine Scotland will identify SMRs, establishing their boundaries via secondary legislation. Marine Scotland will take account of a range of characteristics in identifying appropriate SMRs. Characteristics might include: the coherence of the coastal and marine zone; the need for planning activity and/or conflict resolution; and the existence of local management structures. Marine Scotland will publish the range of characteristics upon which it will base decisions on the creation of SMRs before the start of the process.

60. The Sustainable Seas Task Force identified alternative models for sub-Scotland planning, such as the existing local authorities, the 11 Regional Planning Areas proposed by the Scottish Coastal Forum, the existing Local Coastal partnerships and the existing 10 RBMP Areas. There are also a range of other stakeholders from inshore fisheries groups, to local harbour authorities who will have their own interest in the issues discussed and decisions taken by the SMRs.

61. The Scottish Sustainable Marine Environment Initiative ( SSMEI) (Box 2.6), led by the Scottish Government, is currently testing the delivery of marine planning, locally, through a series of pilot projects. These projects are currently testing new approaches to delivering sustainable management, especially the marine planning model. The lessons learnt and outcomes from these projects will be crucial to the development of the SMR model.

Box 2.6 The Scottish Sustainable Marine Environment Initiative ( SSMEI)

Since 2006 the Scottish Government has been leading on the development of marine planning by supporting the SSMEI. This consists of four projects along Scotland's coast located in the Shetland Islands, the Firth of Clyde, the Sound of Mull and the Berwickshire coast.

The pilots were developed as a package of four related but complementary projects. All are testing new approaches to improve the sustainable management of Scotland's marine environment and are based on the principles of sustainable development.

The SSMEI Shetland pilot is developing a Marine Spatial Plan to create a more integrated and robust framework for wider marine planning and management in Shetland. It is also ensuring that communities understand and participate more effectively in decision making. The finalised Marine Spatial Plan for the Shetland Islands is due for publication in September 2008.

The SSMEI Clyde pilot is aimed at the development and delivery of more integrated and sustainable management of the marine and coastal areas of the Firth of Clyde. This will be achieved through an effective and integrated stakeholder - regulator partnership, the development of a Marine Spatial Plan, together with improved decision support mechanisms and integrated decision making. The draft Marine Spatial Plan for the Firth of Clyde will be issued for consultation in September 2008.

The SSMEI Sound of Mull pilot aims to encourage more integrated and sustainable management of the marine and coastal areas of the Sound of Mull through the preparation and implementation of a Marine Spatial Plan. The plan is locally orientated and is being developed in conjunction with a purposefully established working group that brings together representatives of users and regulators of the area. The draft Marine Spatial Plan for the Sound of Mull will be developed fully during the course of 2009.

The SSMEI Berwickshire Coast pilot focuses primarily on the socio-economic benefits of a high quality marine environment on the local economy through work packages addressing fisheries, integrated harbour and visitor management.

62. Ministers propose that each SMR will have a board comprising representatives from the main stakeholder interests in the area. As far as possible existing structures and partnerships will be building blocks. Local Coastal Partnerships, Inshore Fisheries Groups and RBMP Area Advisory Groups may be included. Marine Scotland will seek to agree the appointment of the Board with local stakeholders resulting in streamlined local decision making. In all cases a partnership approach will be required to draw together the wide range of local activities in order to deliver a meaningful Plan. Marine Scotland will designate a lead partner, taking account of the views of the board. In some instances it may be appropriate for local authorities to become the lead partner in an SMR.

63. Scottish Ministers intend that Marine Scotland will be able to delegate plan making powers to the board of the SMR. The SMR (in all probability the lead partner) will be responsible for drawing up and consulting upon the regional level plan. To deliver local accountability it is essential that consultation on a regional plan includes all local stakeholders and individuals with an interest as well as adjacent SMRs. A regional plan should also take account of existing local objective setting, for example River Basin Management Plans and Inshore Fisheries plans (see Box 2.7). Scottish Ministers intend to enhance local accountability by setting out: the timescales for SMRs to develop and review a regional plan; the minimum level of consultation on the plan; and how plans will be agreed by the wider stakeholder group. Scottish Ministers will seek parliamentary approval of these principles through secondary legislation. In addition, Scottish Ministers are minded to provide a "call in" power where the delivery of a plan is particularly contentious, for example where the approach of two adjacent SMRs to an issue that straddles their common boundary is at odds. Marine Scotland will also be able to provide guidance to SMRs and interested parties.

Box 2.7 Inshore Fisheries Groups

Inshore Fisheries Groups ( IFGs), whose competence will stretch up to 6nm, will allow all fishermen to participate in an inclusive, transparent and consensual basis in the management of Scottish inshore fisheries, balancing the interest of small and large operators whilst at the same time taking into account wider environmental and socio-economic interests. An initial tranche of three IFGs pilots - the Outer Hebrides, Clyde and the South East - will become operational in 2008. This pilot scheme will enable the Scottish Government to firm up details of how the IFGs can operate successfully in practice and generate capacity-building, which should pave the way to the setting up of other IFGs around the Scottish coast.

IFGs will develop realistic Management Plans for the fisheries within their areas which must accord with wider national strategic objectives for Scotland's inshore fisheries, fishing communities and the marine environment as a whole.

In developing their management plans, IFGs will generate diverse and innovative ideas for the management of fisheries which may vary from area to area, depending on their particular circumstances and priorities. These may include:

  • stock management and enhancement;
  • spatial management initiatives or voluntary agreements/codes of conduct to improve sectoral working relationships in the IFG area;
  • proposals for funding priorities for the fisheries and local communities (particularly under the European Fisheries Fund and LEADER, the rural development fund);
  • Marketing and quality assurance schemes ( e.g.MSC); and
  • propose new legislation in fulfilment of the objectives developed for the fisheries in the area.

It is expected that each SMR Board will have representation from the relevant IFG and will take into account the fisheries management framework developed by IFGs when drawing up regional plans.

64. It is essential that the regional objectives and plans are consistent with national objectives and plans. To ensure this happens the SMR will submit the Regional Marine Plans to Marine Scotland for assessment and agreement.

65. In the interests of an integrated approach to planning and management, Scottish Ministers intend that licensing the impact of marine based activity will be a function of Marine Scotland. Where an SMR Board believes that a development needs to adopt certain conditions before it can proceed, it would be able to ask Marine Scotland to place those conditions into the licence.

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?

66. A Regional Marine Plan (Box 2.8) might deliver the following (this list is not intended to be exhaustive):

  • local interpretation of the National Marine Plan and national priorities;
  • strategic local vision for marine and coastal areas;
  • consultation and stakeholder engagement;
  • development of local management policies for specific sectors and activities;
  • identification of areas of potential conflict and resolving conflict;
  • provision of a framework for the granting of development consents;
  • identification of areas of sea for potential activity/development;
  • identification of areas and actions needed for conserving biodiversity;
  • local decision-making mechanisms for the application of marine nature conservation measures;
  • construction of shared principles that could be applied by local public sector organisations in their approach to carrying out activities in the marine area;
  • coordination with existing local management plans and existing regimes (which may not be marine in their focus) to ensure joined up delivery of a shared local vision for the marine area; and
  • local data and information gathering and coordination to inform the development of a locally-focussed Marine Plan.

Box 2.8 How Regional Marine Planning might work

It will be for Marine Scotland and SMR boards and their stakeholders to develop the detail of marine planning at the local level. The basic principle is the presumption of use, i.e. it is presumed that an activity can take place in a specific location unless it is specifically excluded. For example, activities such as mobile fishing and fish farms are potentially incompatible because of hazards to navigation. However, static fishing gear and fish farms could be compatible. Effectively the system could work as a limited form of development consent.

The SMR, in conjunction with Marine Scotland, will assess where activity currently takes place, mapping activity to identify priority use and exclusive use areas. In the first instance, the proposer of any new activity would identify the appropriate area for the activity and assess whether it would be compatible or would compete with existing uses. If it was deemed compatible then the activity could progress. If the activity was incompatible or competing and no mitigation measures could be found then an SMR Board would open a dialogue with all interested parties in an attempt to reach an amicable decision. Where it was not possible to reach an amicable decision the matter could be referred to Marine Scotland and ultimately there would be a Right of Appeal to Ministers. In considering any licence application, the first question Marine Scotland would ask is whether the proposed development was consistent with the Regional Marine Plan. Once agreed by stakeholders and Marine Scotland all public bodies would have to have regard to the Plan.

Appeals

67. Scottish Ministers are minded to develop some form of review mechanism. The exact form of the review, whether it is a formal appeal or a less formal review process will depend on the status of Marine Scotland. For further information on proposed arrangements see paragraph 102.

INTEGRATED COASTAL ZONE MANAGEMENT

68. In addition to planning, the SMR Board, through the lead partner, will be responsible for marine management, integrated coastal zone management ( ICZM) and conflict resolution in the local marine area. ICZM is a management process that is intended to facilitate a more integrated approach to the use, development and protection of resources across the land/sea interface and in the near shore zone. It is designed to be inclusive, bringing together and reflecting the views of many interested parties, including coastal communities and regulatory authorities. ICZM aims to ensure sustainable development through coordinating management of resources and activities in the coastal zone. It is sensible that if we want to successfully deliver sustainable management of the marine area, we need integration with activities taking place in the near shore zone and on land. On this basis, ICZM provides sound principles for coastal management and uses both marine and terrestrial planning as well as management solutions in partnership with local stakeholders to deliver a joined up approach. Since the early 1990s, a number of Local Coastal Partnerships have worked on a voluntary basis to encourage the development and implementation of ICZM in Scotland (Box 2.9).

Box 2.9 Integrated coastal zone management ( ICZM) in Scotland

The experience of ICZM in Scotland has been largely shaped by the particular geography of the country and the uses of our coastline. The first attempt at ICZM came in response to increasing pressure for aquaculture development in the Highlands during the 1980s. In the absence of a formal system for planning below the Mean Low Water Mark, and faced with the need to guide development and advise on the siting of individual fish farms, the then Highland Regional Council produced non-statutory Framework Plans for fish farms. These documents focused on the planning and management issues relating to one particular sector but also took into account the needs of others. They encouraged consultation with a wide range of stakeholders and sought a mutually acceptable balance of interests in their recommendations.

Local Coastal Partnerships were set up in the early 1990s with an impetus from the Earth Summit in Rio and the UK's commitment to develop integrated management strategies for a number of estuaries and firths. Scottish Natural Heritage's 'Focus on Firths' campaign, along with funding from the European Union's ICZM Demonstration Project, provided financial and administrative support to employ dedicated Project Officers in a number of areas around the Scottish coast. Between 1993 and 2001, seven Management Strategies were produced for the major firths and other coastal areas. They were designed to recognise the interactions and competition for space that characterise coastal waters. All were developed by partnerships of statutory and voluntary organisations with the benefit of stakeholder participation in accordance with the recognised principles of integrated coastal zone management.

Today, Scotland has seven Local Coastal Partnerships encompassing most of the mainland east coast, the major firths and the Western Isles. Scotland's Coastal Partnerships are still dealing with familiar and on-going issues, such as beach litter, but they also provide a focus for other matters that have emerged over the years. Consideration of coastal defence measures, the development of Management Schemes for Special Areas of Conservation and acting as 'honest brokers' to resolve conflicts relating to maintenance dredging regimes have all been successfully undertaken. The Local Coastal Partnerships still tend to focus on facilitating improved management of their coast but their role is evolving. For example, recently, the Firth of Clyde Forum played an instrumental role in bringing the local community and fishermen together to develop the proposal for the creation of a Community Marine Conservation Area in Lamlash Bay 12, on the Isle of Arran. Planning has the potential to deliver ICZM, leading to the sustainable development, use and management of Scotland's outstanding coastal resources.

69. In 2002, the European Union adopted a Recommendation on ICZM13,14. This is not binding but asks Member States to adopt a strategic approach to coastal management. The Recommendation also lists eight principles defining the essential characteristics of ICZM. These can be summarized as:

  • a broad, holistic approach - one that looks at the big picture where coastal issues are viewed in a wider policy context;
  • a long-term view - considering the needs of now and future generations;
  • flexibility - management plans that can adapt and develop as problems and knowledge evolve and change;
  • reflect local characteristics - actions should reflect the characteristics and pressures of the local area;
  • working with natural processes - working with nature and respecting the carrying capacity of the environment;
  • inclusive and participatory - the perspectives of all relevant stakeholders are incorporated into the planning process;
  • support and involvement of all relevant administrative bodies - delivering in partnership is supported at all levels of government; and
  • use of a range of measures - applying a range of processes such as research, education and information provision, economic interventions, voluntary agreements, and applying regulatory powers.

70. A key aspect of ICZM will be the integration of the marine and terrestrial planning systems. Scottish Ministers intend that Marine Scotland should have an overarching duty to deliver ICZM in Scotland. Additionally, lead partners should take responsibility for ensuring that the terrestrial impact of marine developments are reflected in terrestrial plans and vice versa.

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?

    « Previous | Contents | Next »

    Page updated: Friday, July 11, 2008