Scottish Marine Bill Regulatory Impact Assessment Independent Report by ABP Mer on behalf of Scottish Government

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9. Summary and Recommendations

9.1 Summary

This report has assessed the potential impacts of options, including no action, within a range of different policy areas. The Scottish Government has committed to delivering a Marine Bill which will include:

  • marine planning: delivering a new system of marine planning for the sustainable use of Scotland's seas;
  • marine licensing: a streamlined and modernised marine licensing and consent system in order to reduce administrative burden;
  • marine conservation: improvement to marine nature conservation to safeguard and protect Scotland's marine assets, with "ecosystem" at the heart of management;
  • closer integration of marine historic environment site protection with marine nature conservation;
  • science and data generation; and
  • a new structure, Marine Scotland, to deliver sustainable seas for all.

Tables 9.1 to 9.11 summarise the annual costs and benefits for the different groups and the different options. In some cases, the tables present the range of costs and benefits. In most cases though, benefits and costs are described in qualitative terms as estimates could not be calculated. Because of this, it is difficult to compare the cost and benefits from the Options. Moreover, there is considerable uncertainty over many of the costs and benefits, because they will depend upon the specific measures adopted.

Table 9.1: Annual Costs to Scottish Government

Marine Planning

Option 1: No change

Option 2: Statutory planning system

(No Option 3)

( No Option 4)

Unquantified costs in resolving disputes

£2.6 million to £4.5 million

(plus £125,000 to £190,000 for Historic Scotland)

n/a

n/a

Licensing

Option 1: No change

Option 2: Amalgamate CPA, FEPA and CAR Licences

Option 3: Amalgamate CPA, FEPA, CAR, Wildlife, Aggregate etc. licences

Option 4: Create activity-based licences

Baseline cost: £2.1 million - £2.7 million (recovered through industry fees).

Minor unquantified costs

Minor unquantified costs

Minor unquantified costs t

Marine Nature Conservation

Option 1: No change

Option 2: Better use of existing measures

Option 3: New measures and policies

( No Option 4)

Unquantified costs (potentially £m)

Will depend on numbers of measures adopted (examples of costs include:

Habitat action plans: £76,000 - £501,000 per plan

Species Action Plans: £23,000 - £206,000 per plan

Surveillance and enforcement: £198,000 per plan

Marine nature reserves: £38,000 - £55,000 per reserve

Voluntary reserves:

£26,000 - £74,000 per reserve)

Monitoring marine ecosystem objectives:

£6,000 - £12,000

Designating 10 - 20 new inshore sites: £433,000 to £1,020,000

n/a

Seal licensing

Option 1: No change

Option 2. Extended year round and to fish farms, removal of netsmen's defense

Option 3.

Extend licensing to fish farms; netsmen's defense restricted to areas outside seal conservation orders

Option 4: No seal control

Unquantified costs (as current but risk of failure could increase in future)

Unquantified costs of issuing licences to fish farms (probably recouped by the fees) and of changes to legislation

Unquantified costs of issuing licences to fish farms (probably recouped by the fees) and of changes to legislation

Unquantified costs but costs of changes to legislation and consultation likely to be significant

Historic environment

Option 1 - No change

Option 2 -Implement a new system of historic site MPAs

(No Option 3)

( No Option 4)

£200,000 for designation/monitoring via existing mechanisms at minimum credible level

£170,000 to £250,000 per annum to enhance data quality for marine planning system

Transitional costs of £25,000 for two years to transfer to Historic MPA system;

In addition £170,000 to £250,000 to enhance data quality for marine planning system

n/a

n/a

Science and Data

Option A: No change

Option B: Develop a marine science strategy

(No Option 3)

( No Option 4)

Costs included within specific policy areas

Costs included within specific policy areas

n/a

n/a

Marine management

Option A: no change

Option B: Set up Marine Scotland

(No Option 3)

( No Option 4)

Continuing costs from current inefficiencies

Costs neutral overall with potential for some efficiency savings

n/a

n/a

Table 9.2: Annual Benefits to Scottish Government

Marine Planning

Option 1: No change

Option 2: Statutory planning system

(No Option 3)

( No Option 4)

Minor short-term benefits only

Unquantifiable (but potentially significant) benefits

n/a

n/a

Licensing

Option 1: No change

Option 2: Amalgamate CPA, FEPA and CAR Licences

Option 3: Amalgamate CPA, FEPA, CAR, Wildlife, Aggregate etc. licences

Option 4: Create activity-based licences

Avoidance of costs of change

Cost savings: £150,000 - £168,000

Cost savings: £159,000 - £204,000

Cost savings: £86,00 - £165,0001

Marine Nature Conservation

Option 1: No change

Option 2: Better use of existing measures

Option 3: New measures and policies

( No Option 4)

Minor short-term benefits

Not quantified but could be significant

Not quantified but could be greater than Option 2

n/a

Seal licensing

Option 1: No change

Option 2. Extended year round and to fish farms, removal of netsmen's defense

Option 3.

Extend licensing to fish farms; netsmen's defense restricted to areas outside seal conservation orders

Option 4: No seal control

No significant benefits

Not quantified (current risk eliminated)

Not quantified (risk eliminated but to a lesser extent than Option 2)

Not quantified

Historic environment

Option 1 - No change

Option 2 -Implement a new system of historic site MPAs

(No Option 3)

( No Option 4)

No benefits

Benefits not quantifiable

n/a

n/a

Science and Data

Option A: No change

Option B: Develop a marine science strategy

(No Option 3)

( No Option 4)

Benefits included within specific policy areas

Benefits included within specific policy areas

n/a

n/a

Marine management -

Option A: no change

Option B: Set up Marine Scotland

(No Option 3)

( No Option 4)

Minor short-term benefits

Cost savings estimated at £1 million to £1.5 million

n/a

n/a

Table 9.3: Annual Costs to Local Authorities

Marine Planning

Option 1: No change

Option 2: Statutory planning system

(No Option 3)

( No Option 4)

Unquantified costs (potentially significant)

Unquantified costs (likely to be offset by cost reductions)

n/a

n/a

Licensing

Option 1: No change

Option 2: Amalgamate CPA, FEPA and CAR Licences

Option 3: Amalgamate CPA, FEPA, CAR, Wildlife, Aggregate etc. licences

Option 4: Create activity-based licences

Baseline costs: £304,000 - £380,000 (recovered through licence fees

Minor unquantified costs

Minor unquantified costs

Minor unquantified costs

Marine Nature Conservation

Option 1: No change

Option 2: Better use of existing measures

Option 3: New measures and policies

( No Option 4)

Unquantified potentially significant costs

Participation in consultation of measures but expected to be cost neutral overall

Cost neutral overall

n/a

Seal licensing

Option 1: No change

Option 2. Extended year round and to fish farms, removal of netsmen's defense

Option 3.

Extend licensing to fish farms; netsmen's defense restricted to areas outside seal conservation orders

Option 4: No seal control

No changes in costs

Not quantified

Not quantified

Not quantified

Historic environment

Option 1 - No change

Option 2 -Implement a new system of historic site MPAs

(No Option 3)

( No Option 4)

No additional costs (existing costs and uncertainties will remain)

No significant additional costs expected but not quantified

n/a

n/a

Science and Data

Option A: No change

Option B: Develop a marine science strategy

(No Option 3)

( No Option 4)

Costs included within specific policy areas

Costs included within specific policy areas

n/a

n/a

Marine management

Option A: no change

Option B: Set up Marine Scotland

(No Option 3)

( No Option 4)

Potentially significant continuing costs

Limited short-term costs

n/a

n/a

1: Excludes the costs of aquaculture from total costs as calculated in Table 5.25.

Table 9.4: Annual Benefits to Local Authorities

Marine Planning

Option 1: No change

Option 2: Statutory planning system

(No Option 3)

( No Option 4)

Minor short-term benefits

Unquantified (but potentially significant) benefits

n/a

n/a

Licensing

Option 1: No change

Option 2: Amalgamate CPA, FEPA and CAR Licences

Option 3: Amalgamate CPA, FEPA, CAR, Wildlife, Aggregate etc. licences

Option 4: Create activity-based licences

Minor short-term benefits

No significant change

No significant change

£256,000 - £350,000 cost savings

Marine Nature Conservation

Option 1: No change

Option 2: Better use of existing measures

Option 3: New measures and policies

( No Option 4)

Minor short-term benefits

Minor short-term benefits

Not quantified but could be significant

n/a

Seal licensing

Option 1: No change

Option 2. Extended year round and to fish farms, removal of netsmen's defense

Option 3.

Extend licensing to fish farms; netsmen's defense restricted to areas outside seal conservation orders

Option 4: No seal control

No significant costs

Not quantified

Not quantified

Not quantified

Historic environment

Option 1 - No change

Option 2 -Implement a new system of historic site MPAs

(No Option 3)

( No Option 4)

No significant costs

Not quantified

n/a

n/a

Science and Data

Option A: No change

Option B: Develop a marine science strategy

(No Option 3)

( No Option 4)

Benefits included within specific policy areas

Benefits included within specific policy areas

n/a

n/a

Marine management

Option A: no change

Option B: Set up Marine Scotland

(No Option 3)

( No Option 4)

Some benefits possible

Potentially significant in longer term

n/a

n/a

Table 9.5: Annual Costs to Other Organisations

Marine Planning

Option 1: No change

Option 2: Statutory planning system

(No Option 3)

( No Option 4)

Potentially significant costs

Limited costs

n/a

n/a

Licensing

Option 1: No change

Option 2: Amalgamate CPA, FEPA and CAR Licences

Option 3: Amalgamate CPA, FEPA, CAR, Wildlife, Aggregate etc. licences

Option 4: Create activity-based licences

Baseline cost £123,000 - (recovered from industry)

Minor unquantified costs

Minor unquantified costs

Minor unquantified costs

Marine Nature Conservation

Option 1: No change

Option 2: Better use of existing measures

Option 3: New measures and policies

( No Option 4)

Potentially significant unquantified impacts from

Participation in consultation of measures but expected to be cost neutral overall

Potential costs of £14,000 - £40,000 per site so could range from £140,000 to £800,000 for 10 to 20 sites (but over different time periods)

n/a

Seal licensing

Option 1: No change

Option 2. Extended year round and to fish farms, removal of netsmen's defense

Option 3.

Extend licensing to fish farms; netsmen's defense restricted to areas outside seal conservation orders

Option 4: No seal control

No significant costs

Not quantified (but biodiversity benefits will be significant)

Not quantified (biodiversity benefits but not as great as for Option 2)

Costs of consultation but not expected to be significant

Historic environment

Option 1 - No change

Option 2 -Implement a new system of historic site MPAs

(No Option 3)

( No Option 4)

No significant additional costs

No significant additional costs

n/a

n/a

Science and data

Option A: No change

Option B: Develop a marine science strategy

(No Option 3)

( No Option 4)

Current costs continue

No significant impacts

n/a

n/a

Marine management

Option A: no change

Option B: Set up Marine Scotland

(No Option 3)

( No Option 4)

Current costs continue

Limited short-term costs

n/a

n/a

Table 9.6: Annual Benefits to Other Organisations

Marine Planning

Option 1: No change

Option 2: Statutory planning system

(No Option 3)

( No Option 4)

Minor short-term benefit

Unquantified (but potentially significant) benefits

n/a

n/a

Licensing

Option 1: No change

Option 2: Amalgamate CPA, FEPA and CAR Licences

Option 3: Amalgamate CPA, FEPA, CAR, Wildlife, Aggregate etc. licences

Option 4: Create activity-based licences

Minor short-term benefit

Unquantified (probably minor) savings

Unquantified (probably minor) savings

Unquantified (probably minor) savings

Marine Nature Conservation

Option 1: No change

Option 2: Better use of existing measures

Option 3: New measures and policies

( No Option 4)

Minor short-term benefit

Potentially significant economic, social and environmental benefits

Potentially greater environmental benefits

n/a

Seal licensing

Option 1: No change

Option 2. Extended year round and to fish farms, removal of netsmen's defense

Option 3.

Extend licensing to fish farms; netsmen's defense restricted to areas outside seal conservation orders

Option 4: No seal control

No significant costs

Not quantified but potentially significant economic, social and environmental benefits

Not quantified but potentially significant social and environmental benefits

Costs of consultation

Historic environment

Option 1 - No change

Option 2 -Implement a new system of historic site MPAs

(No Option 3)

( No Option 4)

No benefits

Benefits could be significant but not quantified

n/a

n/a

Science and Data

Option A: No change

Option B: Develop a marine science strategy

(No Option 3)

( No Option 4)

No benefits

Some potential benefits

n/a

n/a

Marine management -

Option A: no change

Option B: Set up Marine Scotland

(No Option 3)

( No Option 4)

Some potential benefits

Potentially significant benefits in longer-term

n/a

n/a

Table 9.7: Annual Costs to Industry

Marine Planning

Option 1: No change

Option 2: Statutory planning system

(No Option 3)

( No Option 4)

Potentially significant

Possible short terms term and longer term costs

n/a

n/a

Licensing

Option 1: No change

Option 2: Amalgamate CPA, FEPA and CAR Licences

Option 3: Amalgamate CPA, FEPA, CAR, Wildlife, Aggregate etc. licences

Option 4: Create activity-based licences

Baseline licence fees £2.6million - £3.2 million

Limited costs

Limited costs

Limited costs

Marine Nature Conservation

Option 1: No change

Option 2: Better use of existing measures

Option 3: New measures and policies

( No Option 4)

Potentially up to £14million,

Participation in consultation of measures but expected to be cost neutral overall (costs of compliance, e.g. £185,000 for adjustments to nets, etc but will vary according to specific controls although expected to be lower than Option 3)

Costs of compliance potentially significant (up to £6.2m to £8.5m per site for MPA; less for zoning alone)

n/a

Seal licensing

Option 1: No change

Option 2. Extended year round and to fish farms, removal of netsmen's defense

Option 3.

Extend licensing to fish farms; netsmen's defense restricted to areas outside seal conservation orders

Option 4: No seal control

No change

Not quantified but would be related to increased damage or loss of fishing gear in a few cases. Expected to be small.

Not quantified. Potential loss of local tourism income.

Not quantified. Would be related to increased damage or loss of fishing gear and damages to cages (costs to aquaculture)

Historic environment

Option 1 - No change

Option 2 -Implement a new system of historic site MPAs

(No Option 3)

( No Option 4)

No additional costs (as for current costs and uncertainties)

No significant costs (maybe consultation)

n/a

n/a

Science and Data

Option A: No change

Option B: Develop a marine science strategy

(No Option 3)

( No Option 4)

Current costs continue

No significant impacts

n/a

n/a

Marine management

Option A: no change

Option B: Set up Marine Scotland

(No Option 3)

( No Option 4)

Current costs continue

Limited short term costs

n/a

n/a

Table 9.8: Annual Benefits to Industry

Marine Planning

Option 1: No change

Option 2: Statutory planning system

(No Option 3)

( No Option 4)

Minor short-term benefit

Potential benefits of up to £20m

n/a

n/a

Licensing

Option 1: No change

Option 2: Amalgamate CPA, FEPA and CAR Licences

Option 3: Amalgamate CPA, FEPA, CAR, Wildlife, Aggregate etc. licences

Option 4: Create activity-based licences

Minor short-term benefit

Cost savings: £170,000

Cost savings: £177,000 - £197,000

Direct cost savings: £512,000 - £672,000 (Indirect cost savings could be significantly higher)

Marine Nature Conservation

Option 1: No change

Option 2: Better use of existing measures

Option 3: New measures and policies

( No Option 4)

Minor short-term benefit

Potential longer-term benefits

Potentially significant longer term benefits

n/a

Seal licensing

Option 1: No change

Option 2. Extended year round and to fish farms, removal of netsmen's defense

Option 3.

Extend licensing to fish farms; netsmen's defense restricted to areas outside seal conservation orders

Option 4: No seal control

No change

Not quantified but expected to be significant for instance to wildlife tourism and aquaculture

Not quantified

Significant for some industry such as wildlife tourism

Historic environment

Option 1 - No change

Option 2 -Implement a new system of historic site MPAs

(No Option 3)

( No Option 4)

No benefits

Opportunities for sustainable tourism (not quantified)

n/a

n/a

Science and Data

Option A: No change

Option B: Develop a marine science strategy

(No Option 3)

( No Option 4)

No benefits

Some potential benefits

n/a

n/a

Marine management

Option A: no change

Option B: Set up Marine Scotland

(No Option 3)

( No Option 4)

Some potential benefits

Potentially significant

n/a

n/a

Table 9.10: Annual Costs to Other Stakeholders

Marine Planning

Option 1: No change

Option 2: Statutory planning system

(No Option 3)

( No Option 4)

Potential for loss of employment

Limited costs

n/a

n/a

Licensing

Option 1: No change

Option 2: Amalgamate CPA, FEPA and CAR Licences

Option 3: Amalgamate CPA, FEPA, CAR, Wildlife, Aggregate etc. licences

Option 4: Create activity-based licences

No change

Potential loss of up to 1 FTE

Potential loss of up to 1 FTE

Potential loss of 2 to 2.6 FTE

Marine Nature Conservation

Option 1: No change

Option 2: Better use of existing measures

Option 3: New measures and policies

( No Option 4)

Up to £14million

Cost neutral overall

Cost neutral overall

n/a

Seal licensing

Option 1: No change

Option 2. Extended year round and to fish farms, removal of netsmen's defense

Option 3.

Extend licensing to fish farms; netsmen's defense restricted to areas outside seal conservation orders

Option 4: No seal control

Significant costs potentially in the future

No significant costs

No significant costs

No significant costs

Historic environment

Option 1 - No change

Option 2 -Implement a new system of historic site MPAs

(No Option 3)

( No Option 4)

No additional costs

No costs

n/a

n/a

Science and Data

Option A: No change

Option B: Develop a marine science strategy

(No Option 3)

( No Option 4)

Current costs continue

No impacts anticipated

n/a

n/a

Marine management

Option A: no change

Option B: Set up Marine Scotland

(No Option 3)

( No Option 4)

Current costs continue

Limited short term costs

n/a

n/a

Table 9.11: Annual Benefits to Other Stakeholders

Marine Planning

Option 1: No change

Option 2: Statutory planning system

(No Option 3)

( No Option 4)

Minor short-term benefits

Some (unquantified) benefits

n/a

n/a

Licensing

Option 1: No change

Option 2: Amalgamate CPA, FEPA and CAR Licences

Option 3: Amalgamate CPA, FEPA, CAR, Wildlife, Aggregate etc. licences

Option 4: Create activity-based licences

No job losses

No significant impact

No significant impact

Some (unquantified) benefits

Marine Nature Conservation

Option 1: No change

Option 2: Better use of existing measures

Option 3: New measures and policies

( No Option 4)

Minor short-term benefits

Potentially significant economic, social and environmental benefits

Potentially greater economic, social and environmental benefits

n/a

Seal licensing

Option 1: No change

Option 2. Extended year round and to fish farms, removal of netsmen's defense

Option 3.

Extend licensing to fish farms; netsmen's defense restricted to areas outside seal conservation orders

Option 4: No seal control

No significant costs

Not quantified (but biodiversity benefits will be significant)

Not quantified (biodiversity benefits but not as great as for Option 2)

Costs of consultation but not expected to be significant

Historic environment

Option 1 - No change

Option 2 -Implement a new system of historic site MPAs

(No Option 3)

( No Option 4)

No changes

Benefits from conservation

n/a

n/a

Science and Data

Option A: No change

Option B: Develop a marine science strategy

(No Option 3)

( No Option 4)

No benefits

Some potential (unquantified) benefits

n/a

n/a

Marine management -

Option A: no change

Option B: Set up Marine Scotland

(No Option 3)

( No Option 4)

Some potential benefits

Potentially significant

n/a

n/a

9.2 Recommendations

This report has assessed the potential impacts of options, including no action, within a range of different policy areas. The findings indicate that he no change options would risk continuation of the current situation, where conflicts and uncertainty about uses of the marine environment could result in costly delays, less efficient use of marine space and deterioration of the marine environment. There may be some short-term benefits from this option, in that policy-makers, businesses and marine users will not have to change their behaviour. However, it is likely in the longer term that political and economic pressures on the marine environment will ultimately require alternative solutions and consequent modifications in activity.

Although the options for change to the system involve costs for the Scottish Government and for other stakeholders, the benefits are potentially significant. For example, A 1% increase in gross added value from the marine economy could generate benefits of £294 million over 20 years. There would also be significant non-economic benefits.

The analysis indicates that the greatest net benefits are likely to result from a new approach to managing the marine environment which incorporates:

  • a new system of statutory marine planning for the sustainable use of Scotland's seas;
  • a streamlined and modernised marine licensing and consent system in order to reduce administrative burden;
  • implementing new measures and policies for nature conservation (including reform of seal licensing and conservation and new measures to protect Scotland's most important marine historic assets)
  • developing a marine science strategy; and
  • setting up a new structure, Marine Scotland, to deliver sustainable seas for all.

Although there is considerable uncertainty over many of the costs and benefits, because they will depend upon the specific measures adopted, the summary tables indicate that the benefits of the preferred policy options are likely to outweigh the costs significantly, whist the 'do nothing' option has few benefits and could incur significant costs, in terms of failure to meet objectives and reduced productivity from the marine environment.

Page updated: Wednesday, April 29, 2009