Scottish Government

1: Do you agree with the approach to scoping in particular the review of baseline data?

• The group generally agreed with the approach to scoping (as set out in this document) although there is a need for greater clarity in terms of 'high level assessment'.
• The group in general agreed that, given the recent (April 2008) publication of the Scotland Seas report, it would be appropriate to simply reference this document and other relevant reports as the key sources of baseline data that would be used during the assessment rather than reproduce the information in this scoping report.
• However, it was identified that Scotland Seas report and other reports may contain gaps (information and data gaps) and should be reviewed fully to identify those gaps and solutions for filling gaps where possible.
• There may also be a requirement to supplement the identified reports with other information relating to marine activities etc.

2: Do you agree with the SEA topics identified?

• In general the group agreed with the SEA topics identified although the following modifications were suggested (this has been reflected in the list of SEA topics in Chapter 3):
• Designated sites should include MPAs as well as Natura 2000 sites
• Soil should refer to substrate, geology and geomorphology and could include coastal processes
• Air quality should cover emissions from oil and gas and the atmospheric transport of nutrients and pollutants
• Water quality should refer to the ecological status of water
• Proposals for carbon capture (offshore) should be included in reducing climate change
• The important factors relating to the adaptation to climate change should include sea temperature changes, changes to weather patterns and storm intensity and storm surges
• The important factors for landscape and seascape should be expanded to list key landscape designations etc
• Human health should include emissions from the nuclear industry

3 and 4: What do you think are the main marine activities, consenting procedures, environmental protection measures and mechanisms for data collection? And what are their effects on the environment?

• There is a lot of information relating to this question in the Scotland Seas report and in the AGMACS meeting notes and reports which are accessible via the Scottish Government website.
• Key points included:
• Issues where there is limited knowledge e.g. role of the proposed Independent Planning Commission ( IPC) in Scottish Waters
• How will the Marine Bill address international fishing fleets in 6 to 12 nm zone
• How does the Marine Bill integrate with Crown Estates objectives?
• There is a need for greater alignment in terms of data, research and monitoring across organisations and a central storage location
• How are actual pressures on the marine environment perceived and how will these be addressed in the SEA and the Marine Bill?
• Greater evidence base required to inform decision makers and consultees
• Current lack of planning below low water mark has negative effects on cultural and marine heritage
• Need to look at examples where different activities/user groups have managed to work collaboratively to reduce impacts and assist each other e.g. oil and gas and fisheries.

1: Do you agree with the proposed approach to the assessment? If not which areas could be modified?

• In general the group agreed with the approach and felt that it was logical. A few suggestion were made including:
• Focus on assessing the effects of the 'objectives' of the different policy areas to help maintain the 'high level strategic' nature of the assessment
• Need to consider how to assess whether the Marine Bill and what it includes will provide a framework for achieving the targets for Good Environmental Status ( GES)
• Also need to consider how the assessment will cover devolved and reserved matters
• In terms of alternatives need to consider Bill/No Bill and for each policy area e.g.MMO consider MMO or no MMO

2: In the context of the SEA topics and Marine Bill policy areas where do you think negative or positive effects are likely to occur?

• Only a few attendees had seen the draft Consultation Draft of the Scottish Marine Bill, limiting output form this session.
• Some of the key points identified include:
• Need to consider the potential for negative effect to occur in areas that cannot be regulated by the Scottish Government and how will these be addressed by the SEA?
• Need to ensure that the Marine Bill does not lead to over regulation which can be time consuming and costly
• Need to use the best available information in decision making
• Potential conflict between the Marine Bill and other environmental ambitions/policy e.g. Marine Energy. This needs to be addressed in assessment of cumulative effects/conflict resolution etc
• Assessment should consider the 'capacity' of the marine environment to accommodate an increase in certain activities e.g. shipping
• Will MPAs be primary designation/allocation of space or the left over areas once all other activities been considered? If the primary allocation need to consider the re-distribution of activities as a result of the designation of MPAs will affect other activities and the environment. Who will determine the designation and redistribution of activities

3: Where negative effects are identified suggest opportunities for reducing, avoiding or offsetting these effects through the Marine Bill

• Mitigation should be inherent to the Scottish Marine Bill
• Judgements on mitigation will need to be made as the assessment progresses.
• Need to consider whether Marine Planning will constrain development and if so how to prevent this whilst improving efficiency and effectiveness of current planning system.

4: Identify the most likely cumulative effects associated with the Marine Bill and how these can be prevented reduced

• Links to UK Marine Bill are important.
• Links to other marine strategies and environmental objectives.
• How will the Scottish Marine Bill achieve 'good environmental status'?
• In terms of cumulative effects need to consider OSPAR and WFD etc.
• Need to check phrasing in terms of cumulative and 'in combination'.
• Impact of Marine Bill on human wellbeing and economies - links?
• Oil and gas issues and other wider UK issues - how will these be dealt with?

General comments received on the Scope of the SEA

Historic Scotland

• Scoping Report provides a clear outline of the proposed approach to the SEA.
• Historic Scotland are happy with the scope and level of detail proposed for the SEA.
• A copy of Historic Scotland's SEA pre-screening report for the Marine SHEP (proposals for Scottish Ministers policy for the Marine Historic Environment and proposals for new legislation for the protection of marine historic sites) was provided as guidance/reference.
• Additional information on the definition of the marine environment was also provided. Historic Scotland requires consideration of the listed features within the baseline and assessment.
• Consultation period for scoping was appropriate
• Hard copies of the Environmental Report will be required for consultation.

SEPA

• Scoping report provides a clear and concise view about the intended scope and level of detail of the assessment.
• SEPA is generally content with the proposed scope, level of detail and proposed methodology except two points of concern:
• Scoping report has been prepared and published after the consultation on the Scottish Marine Bill on which the assessment is to be made, indicating that the plan preparation and assessment processes have not been fully integrated
• It is not clear how the results of the SEA will be taken into account
• SEPA recognise the intention to issue the Environmental Report to coincide with the consultation on the Scottish Marine Bill and to review any comments received on the Environmental Report prior to ' adoption of the final bill'.
• SEPA is also concerned that there is potential for the assessment to become unnecessarily long and overly detailed. SEPA identify that a strategic level assessment which identifies key issues and relevant mitigation measures should be sufficient for the Scottish Marine Bill and suggests that the assessment is therefore kept at a high level wherever possible.

SNH

• SNH generally support the proposed approach to preparing the Environmental Report and agree that due to the nature of the consultation it is appropriate to apply the assessment process at a high strategic level and focus on overarching objectives of the main policy areas and their environmental implications.

Detailed Comments: Introduction

Historic Scotland

• Information presented in Section 1 clearly sets out the purpose of the Scottish Marine Bill and related information.

SEPA

• SEPA is content with the proposed period of consultation on the Environmental Report.
• Hard copies of the report, as well as digital copies, should be made available via the SEA gateway.
• SEPA is content with the proposed scope of the SEA (geographically and not covering socio-economic effects)
• It would be useful if the RIA and SEA were made available together to allow wider issues to be considered.
• SEPA welcomes and supports the main objectives and key deliverables in particular the intension to identify measures for enhancement as well as mitigation.

SNH

• SNH support the proposal that the SEA should consider how the Scottish Marine Bill can assist in achieving the targets of Good Environmental Status ( GES) by 2020 as required under the Marine Strategy Framework Directive.
• SNH highlights the need to consider as part of the SEA the role of marine objectives and how competing priorities may be weighed up in planning and decision making. There is also a need to assess the possible duties that could be placed on public bodies in relation to the environment e.g. an offshore biodiversity duty or applying MEOs in carrying out their functions.
• SNH stress that whilst the marine planning system should build on the established land use planning system the nature of the marine environment is very different. There are deficiencies in the land use system that also needs to be taken into account.
• In relation to marine planning there is also a need to consider the status of plans and planning process, the role of objectives and the extent to which priorities and objectives are coherent at different levels or tiers of planning.
• SNH highlight concern over the reference to the ' wider seas measures being more in line with recognised T& CP land use policy' given that many of the issues identified for consideration in the SEA like water quality, geology and coastal processes are not well covered by the traditional T&C planning process.
• The SEA should also consider options for the structure, function and remit of Marine Scotland as the statutory purpose and duties set out for the organisation will influence the importance given to environmental issues relative to other priorities.

Review of other Plans and Programmes

Historic Scotland

• Historic Scotland listed a number of relevant plans and programmes that need to be considered as part of the review
• In summary, the key environmental protection objective of the legislation and policy framework is 'to protect and, where appropriate, enhance the historic environment'.
• Further information is available in the SEA pre-screening report for the Marine SHEP

SEA Topics

Historic Scotland

• Historic Scotland is happy with the listed SEA topics and the important factors listed for the historic environment.
• Gardens and designated landscapes may need to be considered for both landscape and the historic environment

SEPA

• SEPA assumes all of the topics identified will be included in the assessment and feel the list is very thorough, although it is suggested that under the water topic diffuse pollution is also considered

SNH

• SNH have suggested some amendments to the SEA topics and important features:
• Protected species - add Biodiversity Action Plan species and habitats and Habitats Directive Annex 2 species;
• Water Quality - include Water Framework Directive targets
• Landscape - should read Gardens and Designed Landscape. Also add landscape/seascape character and capacity

Approach and Method

Historic Scotland

• Historic Scotland is content with the approach to focus the assessment on the SEA topics rather than SEA objectives due to the high strategic level of the SEA and the focus of the Scottish Marine Bill.
• Any assumptions made during the assessment should be clearly identified and documented
• It would also be helpful to include commentary in the assessment matrices
• Suggested amendment to Figure 4.1 to remove 'natural' from the 'improved protection of the marine environment' text box

SEPA

• SEPA agree that the baseline data sources identified in the Scoping Report will provided extremely comprehensive information. Other suggested useful information includes the water management issues reports for the Scotland and Solway Tweed River Basin Districts for providing information on pressures on coastal waters
• SEPA is content with the approach not to use SEA objectives as these are not always the most effective means of being able to identify environmental effects, particularly for high level plans
• SEPA identifies that the most important output from the assessment will be to identify key high level effects and address them through appropriate mitigation and enhancement.
• SEPA welcomes the commitment to mitigation and enhancement and identifies that mitigation is a crucial part of the SEA process in terms of addressing affects and improving the benefits of the plan.
• To assist the SEASEPA suggest that it would be useful for the mitigation to be set out in a way that clearly identified the measures required in response to each adverse effect, when they would be required and who will be required to implement them. Therefore providing a clear framework for the delivery of mitigation.
• Figure 4.1 is helpful in setting out the focus of the SEA in relation to the five policy areas
• Figure 4.2 is helpful and clear on the assessment method
• It is not clear how alternatives will be considered in the preparation of the Marine Bill
• A concise summary of the alternatives considered and their assessment should be set out in the Environmental Report

Key Issues - Marine Activities

Historic Scotland

• Historic Scotland identify that the assessment should consider the following points:
• Impacts of certain commercial fisheries e.g. scallop dredging and demersal trawling on key archaeological sites and how the Marine Bill will affect this;
• Impacts of recreational diving to certain historic shipwrecks and how the Marine Bill will affect this;
• Impacts of marine renewables developments on key archaeological sites and how the Marine Bill will affect this; and
• Impacts of telecommunications/electricity cables on key archaeological sites and how the Marine Bill will affect this.

Key Issues - Marine Activities

SEPA

• This section provides a useful summary. It is not clear how this information will be used in the assessment. However, a concise summary with appropriate signposting would be acceptable to SEPA.

SNH

• Coastal defences should be added to the list of key issues and considered as part of the assessment

Key Issues - Marine Activity Interventions

Historic Scotland

• SEA should give consideration to potential conflict between historic environment site protection objectives and for example recreational use, commercial fisheries or development

Mitigation

Historic Scotland

• The Environmental Report needs to describe the measures proposed to mitigate the Bill including:
• Changes made to the plan (the Marine Bill or resulting Act)
• More detailed mitigation to be implemented as the Marine Bill is delivered
• Recommendations or expectations for lower level plans
• Responsibility for ensuring mitigation measures are taken forward as the Marine Bill is implemented

Monitoring

Historic Scotland

• In monitoring the effects of the Bill, indicators chosen for the historic environment should reflect both the actions to be taken within the Bill and potential impacts identified from the SEA
• Indicators may also be required for other aspects of the historic environment e.g. gardens and landscapes

Appendix B

Historic Scotland

• Historic Scotland is content with the relevant European conventions and domestic legislation relating to the historic environment