Consultation responses: Sustainable Seas for All: a consultation on Scotland's first marine bill (Scottish Government 2008)	Consultations index ALGAO:Scotland Maritime Committee
Submission from ALGAO:Scotland FAO Damon Hewlett, CRES1031 Central Scanning Unit Spur U5B Saughton House Broomhouse Drive Edinburgh EH11 3XD 2nd October 2008 Dear Sirs, Scottish Marine Bill consultation ALGAO:Scotland represents Local Authority and National Park archaeological services in Scotland and is part of the UK-wide organisation, ALGAO:UK. We welcome this opportunity to comment upon this Scottish Government consultation and would like to offer the following comments and recommendations. Q1 Do you agree that change is needed to the management and legislative framework for managing Scotland's seas? Yes, this is a welcome opportunity to simplify the legislative framework and promote coherence. We are strongly supportive of the concept of integrated protection for historic assets within a holistic environmental framework. Landscapes (including seascapes and cultural landscapes) should be specifically mentioned as part of this holistic management. Q2 For each of the following areas, do you agree that Scottish Ministers/Scottish Parliament should put in place a new legislative and management framework to deliver: a) a new system of marine planning for the sustainable use of Scotland's seas; Yes b) improvements to marine nature conservation to safeguard and protect Scotland's marine assets; c) a streamlined and modernised marine licensing and consents system; Yes d) better stewardship backed up by robust science and data; and Yes e) a new structure, Marine Scotland, to deliver sustainable seas for all? Yes Q3 What difference would these changes make to your area of interest? The proposals would promote simplification, better protection and better understanding on a holistic basis. Q4 Scottish Ministers believe there are strong practical reasons for further discussion with the UK Government on the allocation of responsibilities around the seas of Scotland. Do you agree with this approach? No problems are envisaged with this approach, subject to further discussions. We would welcome proposals that bring Scotland in line with the rest of the UK which is subject to the UK Marine Bill. Q5 Do you agree with the overall 3-tier approach to marine planning in Scotland? Yes 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? The National Marine Plan and the role of Marine Scotland should include the marine historic environment. Q7 Do you have any comments on the approach to setting out national objectives for marine planning? No comment provided. 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? The limit of 200 nautical miles should apply to the marine historic environment in line with proposals for nature conservancy and planning. Q9 Should Scottish Ministers use the Marine Planning system to deliver Scotland's obligations under the Marine Strategy Framework Directive? No comment provided. 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? Yes, subject to further consultation to ensure that the proposed boundaries complement existing boundaries and functions. It is important to ensure that environmental historic interests are represented. Q11 Do you agree that Scottish Marine Regions should be responsible for integrated coastal zone management? Yes, subject to sufficient resourcing and further detail on information about alignment with local authorities. 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? Yes. Q13 Do you have any other comments on the delivery of integrated coastal zone management alongside marine planning? There are concerns about the capacity of local authorities to respond to additional requirements for service provision. This needs to be addressed in order that the conservation and management objectives proposed for the marine historic environment can be adequately addressed. Q14 Does licensing remain an effective method of delivering both certainty for investment purposes, and protection for the marine environment? No comment provided. Q15 The existing licensing system covers most of the impacts on the seas from existing activities. One area of activity that has potentially large impacts and is not licensed is dredging. Scottish Ministers propose to license all new forms of dredging ( i.e. those forms that agitate the sea bed). Do you agree? Are there other activities that should be licensed? Licensing should cover all areas of potential damage, but recognise the need for appropriate guidance and licensing. Q16 Scottish Ministers intend to create powers to set out a list of licensable activities in regulations. Do you have any views on this approach? The list of licensable activities in regulations should include activities that have the potential to damage an historic environment including wrecks, sites and landscapes. Q17 The proposed Marine Scotland should have general responsibility for the delivery of the marine licensing system. Do you agree? Yes, ensuring that the licensing system promotes responsive and supportive engagement within Marine Scotland and with local authorities. It is essential that this organisation along with Local Authorities have either direct or easy access to the necessary data and expertise to make informed management proposals and decisions. Q18 Scottish Ministers intend to reduce the numbers of marine licences that developers require to get before an activity can take place. There are two ways to reduce the numbers of licences either by creating a single licence for all marine impacts or by creating a single licence for each activity. Which system do you prefer? This proposal is welcomed, and either option could work, depending on the resources and management provided. The overall concern is that impacts are managed appropriately. Q19 Marine Scotland could undertake the licence work itself or operate as a front door coordinating the work of others. Do you have any views on these options? Further detail would be required on how the "front door" approach would work. If local authorities become involved, this would constitute an additional statutory burden that would require appropriate funding. Overall the system should be responsive, easy to use and cost effective for all parties. Q20 Do you agree with the proposed approach to consultation involving local stakeholders? Do you have any further comments? Any consultation with local stakeholders is important and valued. Q21 Do you agree that the revised licensing system should incorporate the simplified CAR model throughout, to focus scrutiny on higher risk activities/ impacts and reduce the regulatory burden? Yes, this model is helpful and has significant potential to all for the protection of significant, undesignated marine historic environment assets. Q22 Scottish Ministers intend to provide Marine Scotland with powers to insert conditions into licences. Do you agree with this approach? In particular Scottish Ministers intend to create a standard condition on removal of redundant kit and installations, do you agree? This is seen as appropriate, however in some cases the historic importance of such features may warrant their retention. The Capturing the Energy initiative (http://www.capturing-the-energy.org.uk/) is a good example of how to recognise both the values attributable to redundant installations and also how to produce a lasting record of them. Q23 Scottish Ministers believe an appeals procedure for those directly involved in the licence application would be a beneficial development. Do you agree? Yes. Q24 To provide an easy and transparent system, do you agree that a scale of charges related to cost recovery is the most appropriate way to recover the costs of assessing, issuing, monitoring and enforcing licences? Yes. Q25 The Scottish Government proposes a review of existing licence monitoring and enforcement provisions relating to the marine environment and wishes to consolidate them into a single set of coherent powers and remedies. Marine Scotland should be tasked with ensuring compliance monitoring and enforcement activity is carried out consistently and efficiently. Do you agree? Yes, with appropriate consultation. Q26 Please provide any further comments you have on the licensing provisions in the consultation paper. There are concerns that outwith the very limited number of designated or scheduled wrecks that Scotland's unscheduled historic sites and landscapes have inadequate levels of protection, with limited or no levels of resourcing available for their protection. This is often due to a lack of information about these sites. Accordingly we recommend that licences should require that historic environment date be collected and deposited in the public domain. Q27 Do you agree that our system of marine nature conservation should be based on the three pillar approach? No comment provided. Q28 Please provide your views or comments on the application of Marine Ecosystem Objectives for marine nature conservation. No comment provided. Q29 Do you agree it would be worthwhile to have a biodiversity duty in the offshore area around Scotland? This should also include a duty to historic environments. Q30 Do you have any other suggestions for making improvements to Pillar I - wider seas measures? No comment provided. Q31 Do you agree with the proposals for a science-based review of whether new marine species need to be added to the existing list of protected species? No comment provided. Q32 Do you have any further comments or suggestions for making improvements to Pillar II - species conservation? No comment provided. Q33 Do you agree with the overall principle of the introduction of a power to select new types of site? Yes. Q34 Do you agree with the assessment of the three main types of requirements for site protection? Do you have any further comments on this? No comment provided. Q35 Do you have any views on whether or not a "single approach" should be taken for marine historic and natural environment site protection? A "single approach" is seen as an important step forward. A common approach will ensure site protection recognises the singularities of the marine environment, ensuring that important historic areas and sites are recognised and protected. Q36 Do you agree with the proposals on how a new flexible site protection power will be used? Do you have any other comments? No comment provided. Q37 Do you have any views or comments on whether a single integrated power should be used to deliver these proposals? No comment provided. Q38 Do you agree with the proposals for how sites will be managed, including the site by site approach and overall context of sustainable development? Do you have any additional comments? No comment provided. Q39 Please provide us with your views on the role that a wider planning system should have in the identification of Marine Protected Areas? No comment provided. Q40 Do you have any other comments or suggestions for making improvements to Pillar III - site protection? No comment provided. Q41 Would you agree with the principle that the offence against damage to Natural sites should apply to marine sites? What are your views on whether a similar offence should be introduced for damage to other Marine Protected Areas? We recommend that these regulatory powers be extend and strengthened to incorporate a similar offence for damaging marine historic environment assets. Q42 How can we enhance the contribution which the wild marine environment makes to Scotland's economy? No comment provided. Q43 Do you have any views or comments on the options for improving conservation measures for seals? No comment provided. Q44 Do you agree that Scottish Ministers should develop a marine science strategy to focus marine scientific effort, integrate socio-economic considerations, and to create a framework for wider stakeholder input? Yes, but any strategies developed must also include the historic environment as well as the social-economic. Q45 Do you have views on how to integrate scientific evidence with stakeholder and local knowledge? No comment provided. Q46 What do you think are the potential priorities for further work? Given the current lack of detailed information, existing data needs to be identified and analysed for historic environment assets and areas of potential submerged landscapes to provide a background for management of this resource. The historic environment should also be incorporated into future scientific research work of Marine Scotland and other Scottish governmental bodies dealing with marine data. Areas of high potential to reveal historic environment assets or submerged prehistoric landscapes should be surveyed especially in areas under threat from destructive human and natural activities. Q47 Scottish Ministers propose that the strategic role for the monitoring and assessment of Scotland's seas lies with Marine Scotland, do you agree? A strategic role for this organisation is appropriate. Q48 Scottish Ministers propose to instruct Marine Scotland to take forward the development of GIS as a matter of priority. Do you agree? Yes. Q49 Scottish Ministers propose to develop Marine Scotland to champion the seas and their use and provide better integrated and streamlined delivery in the marine area. Do you agree? The creation of a new body, Marine Scotland to administer the new system and act as a champion for Scotland's Seas is welcomed in principle. Nevertheless there are still important details regarding the responsibilities of the new body and its relationship with existing agencies and regulators, including local authorities to be established. Q50 Scottish Ministers propose that Marine Scotland deliver marine planning proposals as set out in Chapter 2. What are your views on this proposal? Acceptable provided that sufficient resources and access to expertise are made available. Q51 Do you agree with the approach set out for fisheries and aquaculture management? Do you have any further comments in connection with this approach? No comment provided. Q52 What are your views on the arguments relating to where control for aquaculture should lie? Local authorities have limited involvement in the granting of marine licensing/consents. However, since last year, fish farming out to 3 nautical miles has required local authority planning permission and under the new proposals, this responsibility could be assumed by Marine Scotland. Q53 Do you have any views on the role that FRS should take? In addition to considering the arrangements for aqua-culture, arrangements for undesignated historic sites (for example wrecks and submerged landscapes) should ensure appropriate impact assessment because of the extreme vulnerability of this resource: the expectations of local authorities and their relationships with Marine Scotland must be clearly identified and resourced. Q54 What are your views on the creation of Marine Scotland and the proposed range of functions it should deliver? The fundamental principles for the creation of Marine Scotland are seen as beneficial. However, more information is required on the associated functions. In particular, more information on the role of local authorities in relation to Marine Scotland, to ensure that there are strong links to local communities. Q55 Do you have any views on the development of Marine Scotland's role and functions over time? Marine Scotland should be well resourced and the functions should be clearly defined. The success of these arrangements will depend on strong and appropriate support. Q56 Ministers believe Marine Scotland should form part of Scottish Government with appropriate safeguards for science and the appeals process. Do you have any views? No comment, other than the body must be clearly accountable and be a champion for Scotland's Seas. Q57 Are there any other aspects of the proposals in this consultation document on which you wish to add your views? Environmental Impact Assessments have provided, and continue to provide important and key information that is vital for planning and management. However, much better use could be made of existing data surveys. A holistic approach across all professional interests and centralised sharing of data would promote better understanding, conservation and management of the marine and maritime heritage. We hope that our comments and recommendations are incorporated within the final document. Yours faithfully, John A Lawson Chair ALGAO:Scotland Consultations index ALGAO:Scotland Maritime Committee