Scottish Government

Executive summary

The consultation

The Scottish Parliament approved a motion on 20 March 2008 whereby the Scottish Government would consult on proposals:

• for the sustainable management of Scotland's seas and coast, including coherent framework measures for marine planning, conservation and sea fisheries
• that will enhance Scotland's stewardship of the seas, support sustainable development and provide protection for the marine environment
• to ensure that future generations of Scots will be able to enjoy the many social, cultural and economic benefits that the seas deliver

The consultation on the Scottish Marine Bill ran from 14 July to 6 October 2008, and comprised:

• a dedicated area of the Scottish Government web site
• electronic and paper copy consultation documents Sustainable Seas for All
• an online consultation response form
• 21 consultation events

In total 9,135 respondents replied to the public consultation, including 8,873 campaign responses. 289 unique responses were identified for analysis. This figure comprises written responses from individuals and organisations, audience responses from 21 consultation events and a core response from each of the campaigns.

The consultation document asked 57 questions. Some of these questions had several sub-questions, leading to 70 areas where responses could be provided. Only a small number of respondents provided responses to all 70 questions and sub-questions. The number of responses to each question or sub-question varies and, as such, the results in this report are expressed in terms of the number respondents who answered a particular question or sub-question.

Setting the scene

183 respondents (96% of those that expressed an opinion) agreed that change is needed to the management and legislative framework for managing Scotland's seas.

Similarly, most of the respondents agreed that Scottish Ministers/Scottish Parliament should put in place a new legislative and management framework to deliver the following five elements:

• a new system of planning for the sustainable use of Scotland's seas (162 respondents)
• improvements to marine nature conservation to safeguard and protect Scotland's marine assets (142 respondents)
• a streamlined and modernised marine licensing and consents system (122 respondents)
• better stewardship backed up by robust science and data (133 respondents)
• a new structure, Marine Scotland, to deliver sustainable seas for all (135 respondents)

The most frequently cited differences that these changes would make to respondents' areas of interest were a positive impact on nature conservation, increased clarity from an integrated approach to planning and management with less fragmentation, and protection of commercial assets.

145 respondents (86% of those that expressed an opinion) agreed that there were strong practical reasons for further discussion with partners on the allocation of responsibilities around the seas of Scotland. The need to ensure coordination between Scotland and the UK and, potentially Europe, was raised. A joined-up approach was felt to offer the potential for reduced problems at international boundaries. However, there was also a desire to increase devolution of marine-oriented powers.

Marine planning and integrated coastal zone management

Chapter 2 of the consultation document proposed a new statutory marine planning system to ensure sustainable economic growth in the seas around Scotland. It suggested that marine planning is emerging as a coherent way to maximise and balance the various uses made of marine resources, ranging from aquaculture to renewable energy. The consultation document also suggested that a marine planning system can build and deliver the established concept of integrated coastal zone management ( ICZM).

A 3-tier approach is proposed in Chapter 2 of the consultation document. These 3 tiers comprise:

• Scotland level
• international level beyond Scotland
• regional level within Scotland

144 respondents (87% of those that expressed an opinion) agreed with the overall 3-tier approach to marine planning in Scotland.

Scottish Marine Regions ( SMR) are proposed at the local level. These will be led by local stakeholders and interested individuals who will set out local objectives and develop local plans for the marine area. The consultation document envisaged that the SMRs will deliver local accountability in decision making with an appropriate role for local authorities.

Respondents commented on the proposals for a National Marine Plan and the role of Marine Scotland in relation to planning at the Scotland level. These comments included the need for:

• the National Maritime Plan to be aligned with other planning policies (including the UK Marine Bill)
• wider representation
• the National Marine Plan to address socio-economic issues as a key part of plan

104 respondents (61% of those that expressed an opinion) agreed with the overall approach and function of the SMRs, whilst 5 disagreed. The need for the clarity in the powers of the Scottish Marine Regions was raised by 57 of the respondents. 115 respondents (79%) agreed that the Scottish Marine Regions should be responsible for integrated coastal zone management ( ICZM). Similarly, 113 respondents (84%) agreed that Scottish Ministers should place a duty on Scottish Marine Regions to adopt the eight principles defining ICZM.

Licensing and enforcement

Chapter 3 of the consultation document sought views on potential changes to the licensing system. The current licensing system seeks either to protect various features of the marine and coastal area from the impact of marine development or to mitigate the impact of those developments. The licensing system is complex with a number of licences that appear to protect against similar things being delivered by a range of different bodies. The process of assessing and delivering a licence involves what can appear to be a random selection of other bodies as consultees, statutory and otherwise. The limited evidence that is available suggests that the process of obtaining multiple licences from a range of licensing bodies, with differing consultation requirements, is not an efficient way to deliver protection or mitigation. The consultation document suggested that it was clear that the current licensing regime is not uniformly enforced and it is not always clear what checks there are to ensure that mitigation measures are followed.

118 respondents (80% of those that expressed an opinion) agreed with the proposals to licence all new forms of dredging. Suggestions for other activities that needed licensing included:

• boating (including vessel launch and commercial fishing)
• seaweed harvesting
• scallop dredging

The Scottish Ministers intend to reduce the number of marine licences that developers require before an activity can take place. 133 respondents provided opinions on this issue, and:

• 50 respondents (38%) supported the option of a single licence for each activity
• 39 respondents (29%) supported the option of for a single licence for marine impact

The proposed approach to consultation involving local stakeholders was supported by 113 respondents (78% of those that expressed an opinion). 116 respondents (83%) agreed with the proposal to provide Marine Scotland with powers to insert conditions into licences. Similarly, 74 (85%) of the respondents agreed with the proposal to create a standard condition on removal of redundant kit.

Nature conservation

Chapter 4 of the consultation document outlines the three pillar approach to marine nature conservation for the sustainable management of Scottish seas. These three pillars are:

• the contribution of wider seas measures
• species conservation
• site protection

In relation to the three-pillar approach, some improvements would require new legislation, some would require more specific or technical measures, while others could be implemented through marine planning or other general improvements to the management of the seas.

117 respondents (86% of those that expressed an opinion) agreed that the system of marine nature conservation should be based on the three-pillar approach. The proposals for a science-based review of whether new marine species need to be added to the existing list of protected species were supported by 105 respondents (84%) of the respondents.

New flexible site protection powers are being proposed. Where the new power is used to identify, designate or recognise an area for conservation purposes the consultation document proposes to select these according to a set of science-based ecological criteria, except where two or more alternative sites could equally meet the scientific criteria for selection.

59 respondents (56% of those that expressed an opinion) agreed with the proposals on how a new flexible site protection power should be used, whilst 3 did not agree. 72 respondents (61%) agreed with the proposals for how sites will be managed (including the site-by-site approach and overall context of sustainable development), whilst 7 did not agree.

The issue of improving conservation measures for seals was the main area of interest for the 'Advocates for Animals' and 'Save our Seals' campaigns who sought an end to the shooting of seals.

Science and data

Chapter 5 of the consultation document outlined how the Scottish Marine Bill process and the development of Marine Scotland offer an opportunity to create the appropriate frameworks and linkages to deliver better understanding of the seas. Where relevant, a key aim of the proposed legislation will be to create the right conditions and framework to foster the development of scientific capacity and expand scientific understanding of the seas.

The consultation document raised the following issues:

• whilst complete certainty is not achievable there is a need to bridge the gap between informed and uninformed decision-making in a more uniform and productive way
• Marine Science Scotland will provide a framework for greater co-ordination within the academic community
• there will be a need to make data and science available to the regional level of Marine Scotland
• the need for more focused research effort and stakeholder input suggest the need to develop a marine science strategy

127 (84% of those that expressed an opinion) agreed that Scottish Ministers should develop a marine science strategy to focus marine scientific effort, integrate socio-economic considerations and create a framework for wider stakeholder input. 39 (26%) of the respondents stressed the need for scientific analysis with data being shared between stakeholders.

55 respondents (47%) commented that local data and knowledge should be incorporated when integrating scientific evidence with stakeholder information. The need for a two-way process of communication of stakeholders was raised by 40 respondents (34%).

The need for seabed mapping as a future priority was raised by 60 respondents (56%), whilst the need to understand what already exists, develop a register of information and identify gaps was raised by 38 respondents (36%).

111 respondents (87% of those that expressed an opinion) agreed with the proposal that the strategic role for the monitoring and assessment of Scotland's seas lies with Marine Scotland. However, the need for accountability, involving monitoring, assessment and potentially an ombudsman, was raised by 23 respondents.

Marine Scotland

Chapter 6 of the consultation document sets out issues and options related to future marine management delivery arrangements in Scotland, including the case, role and remit for a Scottish marine management organisation, Marine Scotland. This chapter set out the Scottish Government's vision and a proposition on a possible way ahead and sought views on that and on alternative approaches.

124 respondents (86% of those that expressed an opinion) agreed with the proposals to develop Marine Scotland to champion the seas and provide better integrated and streamlined delivery in the marine area. 44 respondents (39% of those that expressed an opinion) agreed that Marine Scotland should be part of the Scottish Government, whilst 27 (24%) felt that Marine Scotland should be independent.

Conclusions

The responses were well distributed across various areas of interest and no major stakeholder sector failed to respond to the consultation. The key proposals in the consultation document received a high level of support across the range of stakeholders. In particular, 86% of the 145 respondents who commented supported the proposal to develop Marine Scotland to champion the seas and provide better integrated and streamlined delivery in the marine area. Proposed changes to the management and legislative framework for managing Scotland's seas attracted the highest level of interest, with near unanimous agreement that change is needed.