DAPSI(W)R(M), SDG14

Targets, MSFD vs. MSPD,

RA&RM and BT Analysis!

Professor Mike Elliott

Institute of Estuarine and Coastal Studies (IECS), University of Hull, Hull, UK

(Ack. To all colleagues and co-waorkers!)

Challenges for science & management:

There is only one big idea in marine

management: how to maintain and

protect ecological structure and

functioning while at the same time

allowing the system to produce

ecosystem services from which we

derive societal benefits.

• Recovery/coping with historical legacy

• Endangered coastal and marine

ecosystem functions

• Legal & administrative framework

• Economic prosperity and delivery of

societal benefits

• Coping with climate change & moving

baselines

Risk Assessment & Risk Management (RA&RM):Hazard Identification:Risk Assessment:Risk Management:Risk Communication:

Management Questions:

• Where are the problems & What changes do they cause?

• What is the impact of these on ecosystem structure and functioning?

• What are the repercussions for ecosystem valuation based on economy-

ecology interactions?

• What are the future environmental changes and economic futures?

• What governance framework is there, what do stakeholders need?

• What can we do about the problems?

• Where are the risks and how to address them now and in the future?

• What are the governance successes, failures and implications?

• How ‘good’ is the decision-making?

• What are the bottlenecks, showstoppers and train-wrecks?

Hazard leading to Risk (depending on assets)

A) Surface hydrological hazards

B) Surface physiographic removal by natural processes - chronic/long-term

C) Surface physiographic removal by human actions - chronic/long-term

D) Surface physiographic removal - acute/short-term

E) Climatological hazards - acute/short term

F) Climatological hazards - chronic/long term

G) Tectonic hazards - acute/short term

H) Tectonic hazards - chronic/ long term

I) Anthropogenic microbial biohazards

J) Anthropogenic macrobial biohazards

K) Anthropogenic introduced technological hazards

L) Anthropogenic extractive technological hazards

M) Anthropogenic acute chemical hazards

N) Anthropogenic chronic chemical hazards

Hazard & Risk Typology:

= Risk Assessment & Risk Management (RA&RM):

• Hazard Identification:• Risk Assessment:• Risk Management:• Risk Communication:

Drivers (societal basic needs)

Activities (of society)

Pressures (resulting from

activities)State change (on the natural system)

Impacts (on human Welfare)

(changes affecting wealth creation, quality

of life)

Responses (economic, legal, etc)

(Measures)

DAPSI(W)R(M) framework

(for each EnMP cf. ExUP)

Drivers = Basic Human Needs:

Maslow’s hierarchy of needs

Relaxation & enjoyment

WELL-BEING

Employment

Health & welfare

Security & safety

Provision & delivery of

goods

Space, shelter

Results of provisioning

services (food, water, O2,

space shelter)

Activity

Aquaculture

Extraction of living

resources

Transport & Shipping

Renewable Energy

Non-renewable (fossil fuel)

Energy

Non-renewable (nuclear)

Energy

Extraction of non-living

resources

Navigational Dredging

Coastal Infrastructure

Land-based Industry

Agriculture

Tourism/Recreation

Military

Research

Carbon Sequestration

Activities contributing to Endogenic Managed Pressures (Elliott et al DEVOTES 2014)

Pressures

Smothering

Substratum loss

Changes in siltation

Abrasion

Selective extraction of

non-living resources

(habitat removal)

Underwater noise

Litter

Thermal regime change

Salinity regime change

Introduction of synthetic

compounds

Introduction of non-

synthetic compounds

Introduction of

radionuclides

Introduction of other

substances

Nitrogen and

phosphorus enrichment

Input of organic matter

Introduction of microbial

pathogens

Introduction of non-

indigenous species and

translocations

Selective extraction of

species

Death or injury by

collision

Barrier to species

movement

Emergence regime

change

Water flow rate changes

pH changes

Electromagnetic

changes

Change in wave

exposure

P

S

R(M)

P

S

DI(W)

R(M)

P

S

D

I(W)

R(M)

P

S

D

I(W) R(M)

A D

I(W)

Outside Management

Plan Area

Boundary

Management

Plan Area

Natural

Change

Natural

Change

Natural

Change

Natural

Change

ExUP

ExUP

ExUP

EnMP

A

A

A

ExUP

...N II

I

III

Vision of

Management

Plan

Pressure Description

Thermal regime change Temperature change (average, range,

variability) climate change (large scale)

Salinity regime change Temperature change (average, range,

variability) due climate change (large scale)

Emergence regime

change

Change in natural sea level (mean, variation,

range) due climate change (large scale) and

isostatic rebound

Water flow rate changes Change in currents (speed, direction, variability)

due climate change (large scale)

pH changes Change in pH (mean, variation, range) due

climate change (large scale), volcanic activity

(local)

Change in wave

exposure

Change in size, number, distribution and/or

periodicity of waves along a coast due to

climate change (large scale).

Exogenic Unmanaged Pressures (from Elliott et al 2014 DEVOTES)

Drivers (societal basic needs)

Activities (of society)

Pressures (resulting from

activities)

State change (on the natural system)

Impacts (on human Welfare)

(changes affecting wealth creation, quality

of life)

Responses (economic, legal, etc)

(Measures)

DAPSI(W)R(M) framework

E.g. Indicators:

Ecosystem

service

Societal benefits

Human health

status

E.g. Indicators:

Number of

regulations

Economic costs

10-tenets values

E.g. Indicators:

Natural health status

Population levels

Community structure

E.g. Indicators:

Footprint of effects

Stressor intensity

E.g. Indicators:

Number of activities

Navigation routes

Size of fishing fleet

Quality Assurance in Marine Decision-making

Knowledge

Information

Data

Evidence ‘Mining’

Sources

Audit Trail / ProofCoastal Futures, SOAS, 23-24 January 2013

Importance of audit trails,

defendable actions and

policies

Challenges for management (RA&RM):Risk Assessment:

• Where are the problems and what changes do they cause? (ExUP &

EnMP)

• What is their impact on ecosystem structure and functioning?

• What are the repercussions for ecosystem valuation based on economy-

ecology interactions?

• What are the future environmental changes and economic futures?

Risk Management:

• What governance framework is there, what do stakeholders need & what

are successes & failures? (Risk Management)

• What can we do about the problems, hazards & risks and how to

address them now and in the future?

• How ‘good’ is the decision-making?(Elliott, 2014 Mar. Poll. Bull.)

Stage Detail1. Problem Formulation What needs to be assessed?2. Hazard Identification What can go wrong? (What are the hazards?)3. Cause Identification What can lead to the hazard occurring? (What causes the

hazard?)Quantitative: How often or how likely is it that these causes will occur?

4. Exposure Assessment(This is a quantitative step that is not necessary but adds value to the risk assessment)

Quantitative: How does the hazard reach the receptor? At what intensity? How long for and/or how frequently does the hazard reach or affect the receptor?Quantitative: How likely is it that the receptors will be exposed to the hazard?

5. Consequence or Effect Identification

What are the consequences of the hazard if it occurs?

6. Risk Characterisation and Estimation for Consequences

What are the risks (quantitative or qualitative measure)? Quantitative: What is the probability of the consequence happening? Estimated for both before and after preventative and mitigation measures are put in place.

Bow-Tie Analysis linked to DAPSI(W)R(M) Framework for Risk Assessment and

Risk Management (Drivers, Activities, Pressures (as mechanisms of change),

State change (on the natural system), Impact (on human Welfare), Responses

(using Measures based on 10-tenets – econ., tech, ecol., legal, admin, cult.,

polit., moral, comm., social aspects)

D, A, P S, I(W)R(M)S, I(W)R(M)

Stakeholder consultation – to determine causes and consequences

and to agree the responses throughout the sequence

A small Bow-tie diagram - they can get

very large – e.g. for the effects of

climate change on offshore wind power

www.marine-vectors.eu/deliverables/D6_5.pdf

To be successful, management

measures or responses to

changes resulting from human

activities should be:

• Ecologically sustainable

• Technologically feasible

• Economically viable

• Socially desirable/tolerable

• Legally permissible

• Administratively achievable

• Politically expedient

• Ethically defensible (morally

correct)

• Culturally inclusive

• Effectively communicable

The 10 tenets:

(cf. PESTLE)

Socio-Ecological System - Integrating Concepts:

Physico-chemical structure / stock

Physico-chemical processes / functioning

Ecological structure / stocks

Ecological processes / functioning

Individual (use & non-use) values

Total Economic

Value

Stock of natural capital -Natural carrying capacity

Shared (monetary & non-monetary)

Natural environmental system & Total Ecological Value

Ecological capital

Total Social Value

[ME/JPA/DB (UoH) & RKT (UEA) Coastal zone ecosystem services HG v9]

Physico-chemical capital

Socio-Econo-Techno System measured as TSSV (Total Societal & System Value) & Socio-economic carrying capacity

Intermediate ecosystem services

Final ecosystem services

Complementary assets (human capital – population expending

energy, time, money, skills)

Ecosystem goodsSocietal benefits

Ecosystem Services – Frameworks

(UK NEA, 2011)

Tenet: Legally permissible - Governance

as a tool in management

Policies, politics, laws and administrations for the

adoption of internationally recognised principles:

• ecologically sustainable development;

• intergenerational equity;

• the precautionary principle;

• conservation of biological diversity and ecological

integrity;

• economic valuation of environmental factors

• the polluter pays principle;

• waste minimisation, and

• public participation.

Treatment of urban waste water

Quality of bathing waters

Nitrates & fertiliser control

Marine spatial planning (MSP) & coastal zone management (CZM)

Renewable energytargets

U.N. CONVENTION on

BIOLOGICAL DIVERSITY

UNCLOS

MARPOL

Regulations to control shipping & pollution from ships to give safer shipping,

navigation and pollution control and operation

Integrated maritime policy

RAMSAR CONVENTION

BERN CONVENTION

BONNCONVENTION

Integrated pollution control

Control of waste

LONDON CONVENTION

& PROTOCOLOSPAR,

HELCOM,

UNEP-MAP, BUCHAREST

(Regional Seas

Conventions)

BALLAST WATER

CONVENTION

Management of fisheries from 6nm to 200nm for sustainable fisheries

ICES

Strategy and regulations on invasive alien species control

Safe consumption of shellfish and fish

Transitional and coastal waters status

Environmental liability to prevent and remedy environmental damage

Flood and coastal erosion protection

Coastal and marine waters status

CITES fauna & flora for endangered species protection

CITES

Protection of habitats & species in transitional, coastal and marine waters

U.N. FRAMEWORK CONVENTION ON CLIMATE

CHANGE (UNFCCC)

KYOTO PROTOCOL

ESPOO CONVENTION

Strategic assessment of public plans or projects in a transboundary effect

IMO

INTERNATIONAL CONVENTION ON

SALVAGE

Impact assessment of a plan or project

Protection of wild birds in transitional, coastal and marine waters

Biodiversity strategy

Inshore fisheries management 0-6nm

Protection of marine archaeology

UNESCO PROTECTION OF

UNDERWATER CULTURAL HERITAGE

Marine environmental protection

KEY

International Law /

Commitments

International Bodies &

Conventions

(Boyes &

Elliott MPB

2014)

Site designations (e.g. SSSI)

UWWTD

Bathing Waters

Nitrates

MSP Dir

Urban Waste Water

Treatment Regs

Sensitive area

Bathing beaches

Bathing Water Regs

Nitrate Vulnerable

Zones

Nitrate Pollution Prevention Regs

Good Chemical Status & Good

Ecological Status

Marine spatial planning &

coastal zone management

Pollution Prevention & Control Regs

Water Environmental (WFD) Regs

Licences, Consents &

Authorisations

Flood Risk & Hazard

Maps

Multimetric Indices

Programme of measures, qualitative descriptors,

ecosystem-based management approach, MPAs

(2)

Sea Fish Regulation

Act Sea Fisheries (Shellfish) Act

Salmon & Freshwater

Fisheries Act

Implementation method / Protection afforded

Enabling / Primary Legislation

Target / Status to be met

EC Directiv e or Strategy

(1) In 2013 the WFD replaced the Dangerous Sub. Dir.; Freshwater Fish Dir.; Shellfish Waters Dir. & Groundwater Dir.

Marine Strategy

Regs

Energy Act

?

International Law or Commitments

International Bodies &

Conv entions

Byelaws, Orders, gear and catch

restrictions

Sea Fish (Conservation) Act as amended

by the Sea

Fisheries (Wildlife Conserv ation) Act

Sustainable fisheries & safeguarding the marine environment

Renewable Energy

Renewables targets for

2020

Policy & Targets

UN CONV. on BIOLOGICAL DIVERSITY

UNCLOS

MARPOLSafer shipping

navigation, pollution control and operation

Various EU Regs to control

shipping & pollution from

ships

BERN CONV.

BONNCONV.

Endangered species

protection

Control of Trade in Endangered

Species (COTES) Regs

Enforcement

IPPC

Strategic Environmental Assessments to include transboundary effects

Environmental Assessment Regs

Licences, Consents &

Authorisations

Marine projects are subject to Environmental Impact

Assessment

Town & Country Planning (EIA)

Regs

Marine Works (EIA) Regs

Harbour Works (EIA) Regs

Waste Hierarchy &

Good Practice

Waste Regs

Environmental Standards

Waste FD

LONDON CONV. &

PROTOCOL

KEY

OSPAR, HELCOM,

UNEP-MAP, BUCHAREST

Reg. Seas Conv

Marine Notices -shipping, guidance

& information

BALLAST WATER CONV.

Prevention, management &

control of harmful aquatic organisms

& alien species

Basic Fish Regs

CFP

ICES

Favourable Conservation

Status

EU Strategy on

Invasive Alien Sp.

ProposedIAS Reg

Sets maximum acceptable

levels

Contaminants in Food Regs

Safe consumption

of fish & shellfish

Contaminants in Food Reg

WFD (1)

Env Liability

Prevention & remedy of

env. damage

Env. Damage (P&R) Regs

Polluter pays principle & remedial measures

FRMD

Flood Risk Assessment

Flood Risk Regs

Flood & Water Management Act

Flood & Coastal Erosion Risk Management

River Basin Management Plans,

Heavily Modified Water Bodies & Artificial

Water Bodies

MSFD

Various Regs to control

CITES fauna & flora

CITESHabitats &

Species

Natura 2000 sites

(SAC/SPA)Habitat & Species

Protection

Biodiversity & Species

Action Plans

Conservation of Habitats

and Species Regs

Offshore Marine

Conservation Regs

Reg 35 advice, Article 17 condition monitoring, Appropriate

Assessments (AA), Habitat Regulations Assessment (HRA) &

Likely Significant Effect (LSE)

Licences, Consents &

Authorisations

Marine planning (4)

Conservation / Biodiversity

protection (MCZ)

Coastal Recreation

Licences

Licences, Consents &

Authorisations

Licences, Consents &

Authorisations

H1 Method

UN FRAMEWORK CONV. ON CLIMATE CHANGE (UNFCCC)

KYOTO PROTOCOL

Harbours Act

Revision and Empowerment

Orders. Conservation duties on ports

Local Harbour Acts

Harbour & Works Licences

Merchant Shipping Regs

ESPOO CONV.

SEA

Applications for Nationally Significant Infrastructure Projects

(NSIPs) / Marine Licences

Planning Act (as amended)

Infrastructure Planning (EIA)

Regs

IMO

Protection of marine archaeology

National Heritage Act

Protection of Wrecks Act

Merchant Shipping Regs

Electricity Act

Climate Change Act

Conserv ing wider biodiversity

Ancient Monuments & Archaeological Areas

EIA

Licences, Consents &

Authorisations

Wild Birds

EU Biodiversity

Strategy

Wildlife & Countryside Act

(as amended)

NERC Act

EU Integrated Maritime Policy

Good Environmental

Status

Site designations - European Marine Sites (EMS) include SAC & SPA.

(RAMSAR sites designated under the RAMSAR Conv. should also be given same

management considerations as EMS)

RAMSAR CONV.

Management Plans &

Schemes(2) The network of MPAs in England will consist of EMS/Natura 2000 (SACs & SPAs), SSSIs, Ramsar sites and MCZs

UNESCO Protection of Underwater

Cultural

Heritage (3)

INT. CONV. ON SALVAGE

Protection of Military Remains

Act

Marine archaeology

Council of Europe

Conventions on archaeology &

landscape

(3) The UK is not a signatory to this Convention however a number of public statements have been produced that confirm its endorsement of the rules in its Annex

All regulated activities in the English marine environment consider UK marine policy drivers such as the UK High Level Marine Objectives 2009, the UK Marine Policy Statement (4) and various National Policy Statements

Licences, Consents &

Authorisations

(5) In England, the newly adopted MSP Directive will most likely be implemented through the existing Marine and Coastal Access Act 2009

? (5)

Marine & Coastal

Access Act

(Boyes &

Elliott, Mar

Poll Bull

2014)

Natural Environment Research Council (NERC)

(ACRE reports through Defra)

KEY

Ministerial Depts

Inte

rnational

Oblig

ations

Euro

pean

Unio

n

Planning Inspectorate

- Health & safety w ith respect to working at sea- Ships surveys & inspections

- Emergency response including search & rescue, counter pollution & response, receiver of w reck, maritime incident response group (MIRG) & resilience.

NI

Executive

Department of Energy & Climate Change (DECC)

Department for Transport (DfT)

Cabinet Office

Home Office

Maritime and Coastguard Agency

Trinity House Lighthouse Service

Inte

rnatio

nal

Maritim

e

Org

anis

atio

n

(IM

O)

Department for Communities and Local Government (DCLG)

Department for Environment Food and Rural Affairs (DEFRA)

Wels

h

Gove

rnm

ent

Scott

ish

Gove

rnm

ent

UK

Ship

pin

g

Crown Estate

- Ow ns 55% of the foreshore (between mean high and mean low water) and approximately

half of the beds of estuarial areas and tidal rivers in the United Kingdom. - Ow ns the seabed out to the 12 mile territorial limit, including the rights to explore and exploit

the natural resources of the UK continental shelf, excluding oil, gas and coal.- Leases of easement for pipelines and cables, offshore renewable energy developments.

- Royalties from the extraction of minerals, principally marine aggregates.

Parliament

House of Commons

House of Lords

National Maritime Museum

Harbour Authorities

Local Authorities

Executive Agencies

National Infrastructure Directorate

Executive Non-Departmental Public Bodies

- Independent body examining applications for nationally signif icant infrastructure projects

(NSIPs) e.g. large w ind farms >100MW, pow er stations etc. Issue development consents under the Planning Act 2008 (Localism Act 2011)

- National Planning Policy Framew ork- Planning Policy Guidance (PPGs)

- Marine Minerals Guidance Notes (MMGs)- Strategic Environmental Assessments (SEAs)

Local Government Bodies

Ministry of Defence (MOD)

UK Hydrographic Office

- Waterborne security of HM dockyards and HM naval bases

- Jurisdiction w ithin territorial w aters- Enforce legislation e.g. Port Orders and Merchant Shipping Act

Defence Science & Technology Lab

Oil and Pipelines Agency

MOD Police Marine Unit

- Provide hydrographic services for UK w aters as required under (SOLAS)

Trading Fund Agency

- Maritime technology e.g. ships & submarines

- Operation of the Government Pipeline and Storage System (GPSS)

Committee on Climate Change - Advises government on emissions targets and reports greenhouse gases

- Oil & gas licensing under Petroleum Act 1998- Renew able energy – w ave, tidal and w ind &

Safety Zones for >100MW w indfarms- Energy Act 2008 & 2010; and Climate Change Act 2008- National Policy Statements (NPS) on energy Secretary of States

Representative for Maritime

Salvage & Intervention(SOREP)

- Represent the DECC (in relation to offshore installations) & the DfT(in relation to ships) by

removing or reducing the risk to safety, property and the UK environment arising from accidents involving ships, f ixed or f loating platforms or sub-sea infrastructure.

HM Coastguard

- Shipping, marine safety & security, inland w aterways, navigation, ships registers,

transport national planning guidance (NPG)

Advisory Committees

Marine Energy Programme Board

Please refer to Defra diagram

UK

GO

VE

RN

ME

NT

- Partnership of the main Government Departments, the Devolved Administrations of

Scotland, Northern Ireland & Wales, the Environment Agencies & research bodies involved in funding and carrying out marine science in the UK. Co-ordination of marine

research & delivering the UK Marine Monitoring & Assessment Strategy (UKMMSS).

Marine Science Co-ordination Committee (MSCC)

Advisory Committee on Releases to the Environment (ACRE)

- Advice to UK Governments on the release & marketing of genetically modif ied organisms.

Department for Business Innovation & Skills (BIS)

UK Met Off ice

Food Standards Agency - Food safety and hygiene (e.g. chemical levels in shellf ish and fish)

Department for Culture, Media and Sport (DCMS)

English Heritage

- Protected w recks, protection of marine historic environment, map historic seascapes,

fund coastal & marine heritage research. (Although the UK has not ratif ied the UNESCO Convention on the Protection of the Underw ater Heritage, English Heritage follow

the Rules annexed to the Convention as representing best practice in marine underw ater archaeology projects).

Tenet:

Administratively

achievable

Springs or M ean High

Water

Regulatory Authorities (England)

Local Authority - Planning, Coast protection work

English Heritage (EH) - Protected wrecks; protection of marine historic environment out to 12nm

Natural England - Notifying SSSIs & Ramsar to LW; Advising on Marine Protected Areas (MPA) (including SACs & SPAs) out to 12nm and their conservation objectives

JNCC - Licenses & MPAs (MCZs & EMS) from 12nm to 200nm

Environment Agency (EA) - Flood risk; WFD to 1nm; Bathing waters; pollution; Licensing & water discharges to 3nm; salmon & trout fisheries to 6nm; Environmental permits to 12nm

Inshore Fisheries & Conservation Authority (IFCA) - Inshore fisheries & provision of byelaws out to 6nm

Marine Management Organisation (MMO) - Marine Conservation Zones; Marine planning; Marine licensing out to 12nm in England & offshore for UK (except Scotland) to 200nm; Fisheries to 200nm

Crown Estate - owns 55% of the foreshore and all seabed out to 12nm (and has sovereign rights of the UK seabed and its resources of the Continental Shelf)

Ministry of Defence (MoD) - Enforcement and hydrographic services

Department for Communities & Local Government (DCLG) (includes the Planning Inspectorate & Major Infrastructure Planning Unit) - EIA; SEA; nationally significant infrastructure projects (NSIPs) e.g. large wind farms >100MW etc

Department of Energy and Climate Change (DECC) - Oil & gas licensing; renewable energy

Department for Environment, Food and Rural Affairs (Defra) - Policy for coast and erosion risk; Fisheries; implementation of the MSFD

Department for Transport (DfT) - Shipping; navigation; Safety at sea; Maritime and Coastguard Agency

Legislation (English Law)

Town and Country Planning Act 1990

Localism Act 2011

National Heritage Act 2002

Wildlife and Countryside Act 1981 (as amended)

Conservation of Habitats and Species Regulations 2010 (subsequently amended) - SACs & SPAs

Offshore Marine Conservation (Natural Habitats,, &c.) Regs 2010

Water Environment (WFD) (England & Wales) Regs 2003

Bathing Water Regulations 2008

Urban Waste Water Treatment (Eng & Wales) (Amendment) Regs 2003 (coastal waters)

Land Drainage Act 1991 (Environment Agency and Local Authorities)

Water Resources Act 1991

The Environmental Permitting (England and Wales) Regulations 2010

Sea Fish (Conservation) Act 1967

Sea Fisheries (Shellfish) Act 1967

Sea Fisheries Act 1968 & Sea Fisheries Regulation Act 1966

Marine and Coastal Access Act 2009 - MCZs, Marine licensing, IFCA byelaws, offshore fisheries (replaces existing controls under Part II of the Coast Protection Act 1949 and Part II of the Food and Environment Protection Act 1985)

Merchant Shipping Act 1995

Planning Act 2008 - transport, water, waste & waste water projects out to 12nm; energy (within Renewable Energy Zone) out to 200nm (except Scotland); NSIPs

Electricity Act 1989 or Energy Act 2008 & 2010 & Climate Change Act 2008 - renewable energy

Petroleum Act 1998 - oil and gas licensing

Offshore Petroleum Activities (Conservation of Habitats) Regs 2001

Offshore Petroleum Production & Pipelines (Ass. of Env. Effects) Regs 1999

The Marine Strategy Regulations 2010 - Defra to ensure Good Environmental Status

Transport and Works Act 1992 - large scale projects & navigation

Coast Protection Act 1949 (as amended by Flood & Water Management Act 2010) - Coast Protection Authorities & Environment Agency to carry out works to protect land from erosion or encroachment by the sea

1 n

auti

cal

mile

3 n

auti

cal

mile

s

6 n

auti

cal

mile

s

12

nau

tica

l m

iles

(Ter

rito

rial

w

ater

s)

Mea

n L

ow

Wat

er (

inte

rnal

w

ater

s)

20

0 n

auti

cal

mile

sU

K W

ater

s

(Co

nti

nen

tal

Shel

f lim

it)

Abbreviations:BWD= Bathing Water Directive; BWM= Ballast Water Management Convention; CAP= Common Agricultural Policy; CFP= Common Fisheries Policy; EIA= Environmental Impact Assessment Directive; FRMD= Flood Risk Management Directive; FRMD (FRMP)= Flood Risk Management Directive (Flood Risk Management Plan); HD= Habitats Directive; MPS= Maritime Spatial Planning Directive; MSFD= Marine Strategy Framework Directive; Natura 2000= Habitats and Wild Birds directives; Nitrates Dir= Nitrates Directive;SAC= Special Area of Conservation; SEA Dir= Strategic Environmental Assessment Directive; SPA= Special Protection Area; UWWTD= Urban Wastewater Treatment Directive; WBD= Birds Directive; WFD= Water Framework Directive (with extension out to 12nm for chemical status); WFD (RBMP)= Water Framework Directive (River Basin Management Plan)

Geographical scope and

competencies of EU legislation

1. Biodiversity 3. Fishing

4. Foodwebs6. Seafloor integrity

7. Hydrography

9. Seafoodcontaminants

10. Litter

The Marine Strategy Framework Directive

5. Eutrophication

11. Energy8. Contaminants

2. NIS

11 QualitativeDescriptors

15. Prevent deterioration (R(M))

1. Vision/aim (to

achieve GEnS) (D)

16. Re-vision/revision

14. Perform

management (R(M))

4. Activities (A)

6. Pressures (Annex III)

(P)

12. Determine the

effect on society (I(W))

13. Programme of cost-

effective measures (R(M))

3. 11 Descriptors

(Annex I)

10. Monitoring programme

(to detect change against a

target) (R(M))

11. Assess current

status cf. GEnS (S)

5. 29 Criteria

7. Decide pressure &

state indicators (as an

aspiration)

8. Define index/metric

/method (SMART) to assess

status/impact

9. Identify appropriate target/

baseline/reference (to be reached)

for indicators and methods

Step in MSFD

implementation

including

DAPSI(W)R(M)

2. Characteristics &

Initial Assessment

(Art. 8; Annex I)

A conceptual

model of the

implementation

of the MSFD

Marine Strategy:

• Initial assessment• GES definition• Targets• Indicators• Monitoring• Measures

(Elliott et al, 2015 Mar Poll Bull)

Indicator Abbreviated name

D1

Mammals

Distribution of cetaceans

Population growth rates, abundance and distribution of marine

mammals

Abundance of seals

Nutritional status of seals

Abundance of cetaceans

Seal pup production

Pregnancy rates of other (non-seal) marine mammals

Mammals bycatch (number of drowned mammals in fishing gears)

D1 Birds Abundance marine birds

Abundance of overwintering waterbirds

Abundance of breeding waterbirds

Distribution of marine birds

Number of waterbirds being oiled annually

Breeding success of a dominant piscivorous seabird

Breeding success of seabirds

Seabird bycatch (number of drowned waterbirds in fishing gears)

Generic core indicators for Marine Biodiversity descriptors (based on

OSPAR and HELCOM core-indicators and MEDPOL indications) (1)

Indicator Abbreviated name

D1 Fish

Ceph

Abundance of all fish

Abundance of key fish species

Proportion of large fish in the community

Abundance of fish key functional groups

Distribution of fish

Abundance of dominant spawning diadromous species

Mean maximum length of teleosts and elasmobranchs

D1/6

BenHab

State of soft-bottom macrofauna communities, based on multi-

metric index

Population structure of long-lived macrozoobenthic species

Red-listed benthic biotopes

Lower depth distribution limit of macrophyte species

Patterns in macroalgae cover

Cumulative impact on benthic habitats

Extent and distribution of benthic biotopes

Typical benthic species composition

Physical damage to habitats

Area of habitat loss

Generic core indicators for Marine Biodiversity descriptors (based on

OSPAR and HELCOM core-indicators and MEDPOL indications) (2)

Indicator Abbreviated name

D1 PelHab Plankton functional types

Plankton biomass/ abundance

Zooplankton mean size and total abundance

Changes in plankton biodiversity

D4 FoodWeb Size composition of fish

Change of plankton functional types

Trophic level of marine predators

Functional groups biomass and abundance

Biomass Trophic Spectrum

Ecological Network Analysis

D2 NIS Rate and trends of new introductions of NIS

Management pathways for NIS

Generic core indicators for Marine Biodiversity descriptors (based on

OSPAR and HELCOM core-indicators and MEDPOL indications) (3)

Strategic Goal A: Address the underlying

causes of biodiversity loss by

mainstreaming biodiversity across

government and society (Targets 1-4)

Strategic Goal B: Reduce the direct

pressures on biodiversity and promote

sustainable use (Targets 5-10)

Strategic Goal C: To improve the status of

biodiversity by safeguarding ecosystems,

species and genetic diversity (Targets 11-

13)

Strategic Goal D: Enhance the benefits to

all from biodiversity and ecosystem

services (Targets 14-16)

Strategic Goal E: Enhance implementation

through participatory planning, knowledge

management and capacity building

(Targets 17-20)

Challenge – to map core-indicators on to CBD Aichi

Targets and then determine data and compliance

https://www.cbd.int/sp/targets/

SDG14 Targets (1) (SMART?)

TARGET S M A R T

By 2025, prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities, including marine debris and nutrient pollution

By 2020, sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts, including by strengthening their resilience, and take action for their restoration in order to achieve healthy and productive oceans

Minimize and address the impacts of ocean acidification, including through enhanced scientific cooperation at all levels

By 2020, effectively regulate harvesting and end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices and implement science-based management plans, in order to restore fish stocks in the shortest time feasible, at least to levels that can produce maximum sustainable yield as determined by their biological characteristics

By 2020, conserve at least 10 per cent of coastal and marine areas, consistent with national and international law and based on the best available scientific information

SDG14 Targets (2) (reworded)

TARGET S M A R T

By 2020, prohibit some fisheries subsidies leading to overcapacity and overfishing, eliminate subsidies that contribute to illegal, unreported and unregulated fishing, and no new such subsidies, allow differential treatment for developing and least developed countries as an integral part of the WTO fisheries subsidies negotiation

By 2030, increase economic benefits to Small Island developing States and least developed countries from sustainable use of marine resources, fisheries, aquaculture and tourism

Increase scientific and technological knowledge, research and transfer, ensure IOC Criteria and Guidelines on the Transfer of Marine Technology, improve ocean health and enhance the contribution of marine biodiversity for state development

Provide access for small-scale artisanal fishers to marine resources and markets

Enhance conservation and sustainable ocean use by implementing international law as reflected in UNCLOS

Challenge – to merge environmental quality management (e.g. MSFD)

with maritime spatial planning and Blue Growth initiatives (e.g. MSPD)

But (and there is always a ‘but’):

Does MSP mean an activity is

allowed:

• Where the developer wants it to

be?

• Where the regulator wants it to be?

• Where all the stakeholders want it

to be?

• Where it can be?

• Where it should be?

• Where there is any space left for it?

Or

• Where the assimilative capacity of

the system can accommodate it?(*)

(* and if not then will the environmental regulator say it cannot

be allowed but the finance minister say it has to be allowed!!!)?

Assimilative Capacity/Carrying Capacity

Previously Proposed

Assimilative capacity

the ability of a body of

water to assimilate a

contaminant without

showing adverse

changes

the amount of an activity

or activities allowed in a

body of water before it

adversely affects the

quality

Carrying capacity

the amount of biota

(e.g. number of birds

or fishes) that a given

habitat can support

the ability of a body of

water to support a given

amount of activity or

activities or ecological

component

[* Assumption: that the assimilative capacity used in an area depends on the

precise activity, its spatial and temporal footprint, the cumulative and in-

combination effects, any mitigation and/or compensation measures performed

on any components/ habitat, and on the particular descriptor in question]

*

*

*

*

*

*

GES (behaves differently with each Descriptor)

Ass

imila

tive

Cap

acit

y

* The amount of assimilativethe activity, its spatial and temporal footprint, its cumulative and in combination effects, the mitigation and compensation measures applied by managers, on the particular MSFD Descriptor in question, and the habitats and components of the marine environment.

Pristine marine environment with no activities

Fish

ing

Dee

p s

ea m

inin

g

Off

shor

e W

ind

Aq

uac

ult

ure

Bio

tech

no

logy

Tour

ism

Basis –

(1) that an area has a finite

assimilative capacity which

is intact in the pristine state

and then decreases with

each activity permitted,

(2) that the assimilative

capacity is regained with

mitigation or

compensation,

(3) that GES can still be

achieved with the

permitted activities in place

MSPD and MSFD – theoretical compatibility

Art. 14 of MSFD and Art. 2 of WFD – not meeting GEnS or GEcS?

38

a) action or inaction for which the Member State

concerned is not responsible,

b) natural causes,

c) force majeure,

d) modifications or alterations to the physical

characteristics of marine waters brought about by

actions taken for reasons of overriding public interest

which outweigh the negative impact on the

environment, including any transboundary impact,

e) natural conditions which do not allow timely

improvement in the status of the marine waters

concerned.

Force majeure:

“Force majeure is literally translated as ‘superior forces’.

In contractual terms, it is recognised as the occurrence

of an unexpected event / events beyond the control of

either contracting party which disrupts the operation of

the contract such that the contracting parties are

excused from their liabilities and/or obligations under the

contract.

It is however not intended to excuse any negligence or

malfeasance. It can also suspend the performance of an

obligation or extend the time to perform the same.

This would include an "Act of God" / "forces of nature"

event but can also extend to extraneous human

intervention events.”

(Legal Dictionary)

Bottlenecks Showstoppers Trainwrecks

Lack of clear objectivesNo stakeholder forumPoor scientific understandingPoor adviceConfusing planning systemManageable hazardsPoor communication

Complex regulationPoor knowledgePoor trainingOverlapping designationConflicting designationSectoral managementPoor administrationEconomic prerogativeLack of technologiesLack of toolsIncreasing governanceSlow planning systemNon-integrated planning systemManageable hazards

IntransigenceLack of fundingLegal challengesPolitical willUnwillingness to adopt joint aims/visionInflexible planning systemUnmanageable hazardsLack of permissionsCultural conflictsIconic ecologyEthically immoral

(but does climate

change become the

biggest ‘get-out’

clause?!)

Recipe Leading to Integrated Marine Management

• Need to understand how our activities lead to which

pressures

• Need to understand which pressures are within and

outside our control

• Need to understand ecological structure and functioning

• Need to understand what state changes on the natural

system occur from those pressures

• Lead to describing the impact on human welfare as

effects on Ecosystem services and Societal benefits

• Lead to defining the appropriate responses as

management measures

• Require implementation of governance (policies, politics,

administration and legislation)

• Within a multiuser system requiring resolution of conflicts

amongst users

• Communicate by working with stakeholders

Holistic & adaptive marine environmental management

(red arrows denote linkages between topics; black arrows denote direction of influence)

Extractors (D, P) (econ., technol.)

Inputters (D, P) (econ., technol.)

Regulators (R) (leg., admin.)

Affectees (I) (soc., ethic., cult.)

Influencers (I) (polit.)

Beneficiaries (I) (soc., ethic, cult.)

Horizontal Integration across stakeholders (refer to DAPSI(W)R(M) and 10 tenets)

.... Ecosystem Services & deliver .....(I(W))

who raise awareness of ...... (comm.)

....Societal Benefits for the ...

uses/users providing .../affecting ........ who control the ...

…. fundamental processes (S) (ecol.) to create… (D+A+P) + R(M) ≠ S + I(W)

e.g. Conflict Res., 10 tenets, PPP, PP, EIA, CBA, MCA, LPI

Indicators + monitoring, e.g. EII

Maintaining, protecting and enhancing nature & .... (S) (ecol.)

The Ecosystem Approach

(b) localised human demands (endogenic managed pressures)

(a) wider pressures, e.g. climate change (exogenic unmanaged pressures)

Vertical Integration of governance across geopolitical levels

global

ecoregion

regional

national

local

Source of problems (activity-pressure-impact chain) which require ....

..... Risk assessment methods & response

to ensure no impact on .....

Main Messages:• Clear objectives in fulfilling The Ecosystem Approach, ‘triple wins’ for

ecology, society and economy;

• Determine problems (footprint) and then address/solve/ mitigate/compensate;

• Detect pressures, state change and impacts on welfare but manage activities, but

• Don’t assume activities automatically lead to pressures to impacts (negates mitigation and compensation);

• Good business relies on good ecology/biology/husbandry;

• Essence is connectivity (good water conditions, ecological well-being, conditions fit-for-purpose);

• Vertical and horizontal integration, across sectors and states with harmonised governance and feedback mechanisms;

• Ability to agree future scenarios & manage to moving baselines;

• Monitoring/modelling/management - adaptive systems.

Mike.Elliott@hull.ac.uk

A premise –

“We have all the visions, tools, frameworks,

philosophies and conceptual models needed for

integrated marine management; we have all the

elements of governance and sectoral

administrations both within and between

countries; we have 4 decades of Regional Sea

Commission experience and a century of detailed

science; we understand where our problems are

coming from and what we need to do to solve

them; we know which things are in our control and

which not – we now just have to put all of this

together in the right order!” Discuss!