scapa flow proposed special protection area (pspa) advice ... · the scapa flow proposed special...

57
Scapa Flow proposed Special Protection Area (pSPA) Advice to Support Management Advice under Regulation 33(2) of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended)

Upload: others

Post on 26-Jul-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

Scapa Flow proposed Special Protection Area (pSPA)

Advice to Support Management

Advice under Regulation 33(2) of the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended)

Page 2: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

i

Document version control

Version Date Author Reason / Comments

Version 11 24/06/2015 Kate Thompson Completed first draft

Version 12 29/06/2015 Emma Philip MS Final Draft

07/07/15 Kate Thompson Amendments to wording of some management options following meeting with Orkney Harbour Authority on 06/07/15

21/07/15 Greg Mudge QA completed

Kate Thompson Minor amendments to improve clarity of document further to pre-consultation feedback

Version 13 08/02/16

18/02/16

Emma Philip Conservation objectives updated.

Version 14 26/02/16 Emma Philip Address comments from Marine Scotland on Conservation Objectives.

Version 17 26/02/16 Kate Thompson Version for SPA stakeholders workshop

Version 18 14/06/16 Kate Thompson Revised to address comments from SPA stakeholders’ workshop.

Version 19 28/06/16 Emma Philip QA’d & final version for submission to Marine Scotland

Distribution list

Format Version Issue date Issued to

Electronic Version 11 24/06/2015 Emma Philip

Electronic Version 12 29/06/2015 Marine Scotland, Julie Black (JNCC), Greg Mudge & Katie Gillham

Electronic Version 13 18/02/2016 Greg Mudge

Electronic Version 13 22/02/16 Marine Scotland

Electronic Version 14 26/02/16 Marine Scotland Electronic Version 18 14/06/16 Emma Philip

Electronic Version 19 28/06/16 Marine Scotland

Page 3: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

ii

Contents

Purpose of advice ............................................................................................................... 1

Site summary ...................................................................................................................... 1

Species distribution within the site ................................................................................... 5

Conservation Objectives .................................................................................................. 11

The role of conservation objectives ................................................................................. 11

Draft conservation objectives .......................................................................................... 11

Management Options ........................................................................................................ 13

Purpose of management options ..................................................................................... 13

Existing species protection .............................................................................................. 15

Overview of activities ....................................................................................................... 16

Introduction to aquaculture activities.............................................................................. 17

Aquaculture – finfish ........................................................................................................ 18

Aquaculture – shellfish .................................................................................................... 21

Introduction to fishing activities ...................................................................................... 25

Fishing – mobile gear ...................................................................................................... 25

Fishing – static gear ........................................................................................................ 29

Ports and Harbours activities .......................................................................................... 35

Recreational activities ...................................................................................................... 39

Introduction to renewables activities .............................................................................. 43

Tidal energy .................................................................................................................... 44

Summary of management options ................................................................................... 47

Annex 1. Background to the advice contained in this paper ......................................... 52

Page 4: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

iii

Further information on Special Protection Areas, the wider network and protected areas management is

available on the Scottish Natural Heritage website.

The following documents provide further information about the features, evidence and assessment of the Scapa Flow pSPA and should be read

alongside this paper:

Site selection document

Marine SPA stakeholder workshop summary report

Consultation overview document.

Page 5: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

1

Purpose of advice

This is a working document that has been produced to support initial discussions with stakeholders about potential future management of activities associated with this proposed SPA during the formal consultation. It sets out the draft conservation objectives for the qualifying features and these provide the starting point for considering whether additional site management is required. This document also sets out management options based on our current understanding of the sensitivities of the qualifying bird species and their supporting habitats to marine activities. The development of site management is an ongoing process which will continue after classification. This paper covers a range of different activities and developments but is not exhaustive. It focuses on where we consider there could be a risk in terms of achieving the conservation objectives. The paper does not attempt to cover all possible future activities or eventualities (e.g. as a result of accidents), and whilst it identifies activities that could contribute to cumulative effects relating to the qualifying species, we do not at this stage have the information to carry out detailed assessments.

Site summary

The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney (Map 1). Scapa Flow is an enclosed sea area, sheltered by Orkney Mainland to the north, Hoy, South Walls and Flotta to the west and south and Burray and South Ronaldsay to the east. The Flow is linked to the Pentland Firth on the south through the Sound of Hoxa, and to the Atlantic Ocean on the west through Hoy Sound. The site also includes nearshore waters to the east of Orkney, extending from South Ronaldsay to Deerness and including the sheltered shallow waters of Holm Sound, between Burray and East Mainland. Prior to construction of the Churchill Barriers in World War II, there were openings between Scapa Flow and Holm Sound to the North Sea. The main part of Scapa Flow is typically around 30metres (m) deep, but the Brings Deeps trench reaches just over 60m depth. There are numerous shallower bays in the surrounding land, particularly to the north and east, including Bay of Ireland, Houton, Swanbister, Waukmill, Scapa, St Mary’s, Water Sound and Holm Sound. Shallower waters are also found around islands such as Flotta, Cava and Fara. Sediments in the main Scapa Flow basin and shallow bays are primarily muddy sands but areas of greater tidal flow are associated with cleaner sands and gravels. Kelp forests occur on bedrock and boulder slopes and there are maerl beds in the vicinity of Graemsay. These varied habitats, together with more localised features such as horse mussel beds and numerous wrecks, support a high diversity of marine life. These sheltered, shallow and productive waters support large populations of waterbirds, particularly during the winter months when frequent storms affect the surrounding North Sea and eastern Atlantic. Shag and common eider are resident throughout the year, but long-tailed duck, goldeneye, great northern diver, black-

Page 6: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

2

throated diver and Slavonian grebe migrate long distances from their northern breeding grounds to reach wintering grounds such as Scapa Flow. Red-breasted mergansers are typically short distance migrants, using coastal areas in winter. The concentration of Slavonian grebes is the largest in Scotland and GB. During the summer months, Scapa Flow is an important foraging area for breeding birds, including red-throated divers which nest on small lochans on the surrounding land. The qualifying species of the proposed SPA are listed within Table 1. Table 1. Qualifying species and numbers within the Scapa Flow proposed

SPA1,2

Species and season Annex 1 or migratory

Population size in site

% of GB population

Stage 1 guideline

Great northern diver (non-breeding)

Annex 1 510 20 1.1

Red-throated diver (breeding)

Annex 1 80 (pairs) 8 1.1

Black-throated diver (non-breeding)

Annex 1 60 10 1.1

Slavonian grebe (non-breeding)

Annex 1 140 12 1.1

Common eider (non-breeding)

Migratory 1,990 3

1.4

Long-tailed duck (non-breeding)

Migratory 1,390 13

1.4

Common goldeneye (non-breeding)

Migratory 220 1

1.4

Red-breasted merganser (non-breeding)

Migratory 540 6

1.4

European shag (non-breeding)

3 Migratory 2,930 3

(1.5) 1.2

Divers, mergansers and shags feed on a wide variety of fish that are associated with a range of seabed substrates. These birds catch fish by diving from the surface and pursuing their prey underwater. The fish species taken will be influenced by what is locally most readily available, but the diet of divers and mergansers can include species such as haddock, cod, herring, sprats and gurnard along with smaller species such as sand-eels, pipefish, gobies, flatfish and butterfish. Sand-eels are favoured by shags during the breeding season, but adult birds take a wide variety of species.

1 Further information on source of population estimates is provided in the Site Selection Document

2 ‘Number of birds’ represents the mean maximum value for each species and has been rounded to

the nearest 10. The % population has been rounded to the nearest whole number. 3 The % of the biogeographic population of shags is given in parentheses.

Page 7: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

3

Slavonian grebe feed on small fish species but their diet also includes small amphipods and other crustaceans. Great northern divers also feed opportunistically on small crustaceans. Common eider and long-tailed duck feed almost exclusively on molluscs and small crustaceans, diving from the surface to pluck their prey from the seabed. Common goldeneye also feed mainly on invertebrates such as molluscs, worms, and crustaceans but will take also small fish. Diving activity varies among species but average foraging dive depths for most are shallower than 15m. However, maximum dive depths are substantially greater for some species, particularly shag and great northern diver. The location and physical geography of the Scapa Flow pSPA has shaped the activities within it. The sheltered waters of Scapa Flow form a large natural harbour, used by the British fleet in both World Wars. The Flow is part of Orkney Islands Council’s harbour area and home to the Flotta oil terminal. The area is also important for fisheries and aquaculture.

Page 8: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

4

Map 1. Location of the Scapa Flow proposed SPA

Page 9: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

5

Species distribution within the site

The distributions of qualifying species within the site are illustrated in Maps 2a to 2e. Spatial species distributions for great northern diver, eider, long-tailed duck, red-breasted merganser and red-throated diver are delineated using the species-specific boundaries illustrated in the Site Selection Document. Species are likely to be present outwith these areas in lower numbers. We have not attempted to display densities of the species within the species-specific boundaries; these are available in the Site Selection Documents. Species densities are not uniform within these boundaries and we anticipate that some locations within the individual boundaries will be more or less important than others. For black-throated diver, Slavonian grebe and shag point symbols on the distribution maps represent locations in a grid covering the area surveyed from shore and by boat where birds were found. The mapped distribution of goldeneye shows those shore-based count sectors within which goldeneye were detected; there is no spatial seaward distribution identified for this species. All species are protected throughout the whole site irrespective of the species-specific distributions. For species where species-specific boundaries are available, these distributions represent our most recent knowledge (2016) of areas with high densities of the non-breeding qualifying species within the pSPA as a whole and are the focus for protection. Accordingly, we have based our management options advice on the species-specific boundaries. When considering future plans or projects, these distributions will be the starting point for making an assessment of the impacts of proposals and would be informed further by surveys.

Page 10: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

6

Map 2a. Distribution of main concentrations of non-breeding great northern diver and red-breasted merganser within the Scapa Flow proposed SPA

Page 11: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

7

Map 2b. Distribution of non-breeding black-throated diver and Slavonian grebe within the Scapa Flow proposed SPA

Page 12: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

8

Map 2c. Distribution of non-breeding shag within the Scapa Flow proposed SPA

Page 13: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

9

Map 2d. Distribution of main concentrations of non-breeding common eider and long-tailed duck and distribution of goldeneye within the Scapa Flow proposed SPA4

4 Point symbols for goldeneye represent shore based counts sectors

Page 14: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

10

Map 2e. Important foraging areas for breeding red-throated diver within the Scapa Flow proposed SPA

Page 15: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

11

Conservation Objectives

The role of conservation objectives This section sets out the draft conservation objectives for the Scapa Flow pSPA. These have been developed by SNH and the Joint Nature Conservation Committee (JNCC) in consultation with Marine Scotland. The draft conservation objectives endeavour to comply with the European Commission’s guidance note (2012) on setting conservation objectives. The conservation objectives set out the essential elements needed to ensure that the qualifying features are maintained or restored on the site. The conservation objectives are designed to ensure that the obligations of the Birds and Habitats Directives can be met.; that is, if all the conservation objectives are met, then the integrity of the site will be maintained, and deterioration or significant disturbance of the qualifying interests avoided. The conservation objectives form the framework for establishing appropriate management measures and assessing all future plans and projects that have the potential to affect the qualifying features of the site. Should the site be classified, the management requirements and any future plans or projects would be assessed against these conservation objectives.

The conservation objectives will be finalised at the time of site classification. Draft conservation objectives The purpose of this proposed SPA is to enable the application of special conservation measures concerning the marine habitat of Annex 1 birds and regularly occurring migratory birds5, to ensure their survival and reproduction in their area of distribution. The conservation objectives are set out in bold with supplementary advice provided in the boxes below. Our intention is to provide policy guidance on the conservation objectives which will provide more site-specific advice. This pSPA has been specifically selected to protect:

foraging habitat used by breeding red-throated divers; and

areas used by wintering divers, Slavonian grebes, red-breasted mergansers, sea ducks, goldeneye and shags.

The conservation objectives for the Scapa Flow marine pSPA are: To avoid deterioration of the habitats of the qualifying species or significant disturbance to the qualifying species, subject to natural change, thus ensuring that the integrity of the site is maintained in the long-term and it continues to

5 Article 4 of the Birds Directive requires important areas for rare and vulnerable birds (identified in

Annex 1 of the Directive) and regularly occurring migratory birds to be classified.

Page 16: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

12

make an appropriate contribution to achieving the aims of the Birds Directive for each of the qualifying species.

Marine bird species are exposed to a range of wider drivers of change. Some of these are natural (e.g. population fluctuations/ shifts or habitat changes resulting from natural processes) and are not a direct result of human influences. Such changes in the qualifying species’ distribution and use of the site which are brought about by entirely natural drivers, directly or indirectly, are considered compatible with the site’s conservation objectives. There may also be wider ranging anthropogenic impacts driving change within the site, such as climate change or in some cases fisheries stock management, which cannot be managed effectively at site level. In reality any assessment of whether a change is natural will need to be assessed in the context of each individual site.

This contribution will be achieved through delivering the following objectives

for each of the site’s qualifying features:

a) Avoid significant mortality, injury and disturbance of the qualifying

features, so that the distribution of the species and ability to use the site

are maintained in the long-term;

The purpose of this objective is to avoid significant mortality, injury or disturbance of qualifying species that negatively affect the site on a long-term basis. Such an impact would have a detrimental effect on the contribution that this site makes to the maintenance of qualifying species at appropriate levels (Article 2 of the Birds Directive) in their natural range in UK waters and therefore should be avoided. This site supports 1% or more of the GB population of great northern diver, red-throated diver, black-throated diver, Slavonian grebe, common eider, long-tailed duck, common goldeneye and red-breasted merganser, 1% or more of the biogeographical population of European shag and is an important multi-species area. For this site “significant” is taken to mean anthropogenic mortality, injury or disturbance that affect the qualifying species distribution and use within the site such that recovery cannot be expected or effects can be considered lasting. An appropriate timeframe for recovery will need to be considered in the context of the life history traits of the species and the impact pathways being assessed.

All birds require energy which they obtain from food, to survive and to breed. Significant disturbance can include displacement and barrier effects on the species. Where such disturbance is brought about by human activities which affect the qualifying species’ distribution and use of the site, such that their ability to survive and/or breed is compromised in the long-term, it is considered significant. For each qualifying species, the ability to use the site should be maintained.

Page 17: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

13

Further advice on ecological use of the site including: occupancy, foraging areas, flightless moulting periods and appropriate recovery timeframes will be provided in policy guidance to support the interpretation of the conservation objectives.

b) To maintain the habitats and food resources of the qualifying features in

favourable condition.

The qualifying bird species using the site require sufficient food resource to be available. The qualifying species eat a variety of pelagic and benthic prey and these should be maintained at a level able to support species populations. Some of these prey species have particular habitat requirements and where this is the case, the site needs to be managed to ensure the extent and quality of the habitats are sufficient to maintain these prey species.

For the purposes of Habitats Regulations Appraisal (HRA) consideration of the conservation objectives will be required for plans / projects inside and outside the site.

Management Options

This section sets out SNH’s advice on management. This provides a starting point for discussing any management that might be required. Should the site be classified discussions on management will be led by the relevant authority and will involve stakeholders. Purpose of management options Management options are developed where we consider that some form of management may be necessary to achieve the conservation objectives for each qualifying feature. The approach to identifying management options for each activity is risk-based, i.e. we are focused on providing advice where we believe there is a risk to achieving the conservation objectives for the site. To do this we are using the best scientific data available at the time of writing. The management options may be informed by discussion with stakeholders. If new information becomes available during the consultation, the management options may be revised. The information below (at pre-classification stage) is general and not exhaustive and is provided to assist and focus stakeholders and authorities in their consideration of the management of these operations. All new plans and projects will still need to be considered by the relevant competent authority, and detailed advice from SNH on such proposals will be provided on a case by case basis (further detail is provided in Annex 1). The level of any impact will depend on the location and intensity of the relevant activity. Management options are focussed on the activities that cause an effect (a pressure) that a feature is sensitive to. Pressures can be physical (e.g. abrasion of the seabed), chemical or biological. Different activities may cause the same pressure,

Page 18: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

14

e.g. fishing using bottom gears and aggregate dredging both cause abrasion which can damage the seabed habitats of the prey species that marine birds depend upon. An assessment of the sensitivities of qualifying bird species to various pressures is provided in FEAST6 available on the Marine Scotland website. Similar assessments for supporting habitats are also available in FEAST. These sensitivities reflect our current general understanding of the associations between activities, pressures and features and support the first steps of the assessment of risk to the features in the pSPA. In some cases, there is not enough evidence to quantify the level of sensitivity that a feature has to a particular pressure however a potential sensitivity is still recognised. This advice along with the supporting databases should be used by authorities to inform the management of any activity impacting upon the site’s features or supporting features. Marine activities are listed in Table 2 if any of the qualifying species of the site are assessed as having a high or medium sensitivity to the pressures arising from the activity. These activities therefore present a risk to achieving the conservation objectives. Management options to manage the risk are recommended for each activity with specific details provided in the following sections. Overlap between different activities/potential developments and the proposed qualifying features are described and where appropriate mapped. The text focuses on interactions in terms of physical overlap but the assessment of risk in future should also take account of the intensity and frequency of activities within the site and condition of the qualifying species. Our advice in relation to disturbance is not about preventing or reducing the disturbance of individual animals per se, but about ensuring that any disturbance that does occur is not at a level that disrupts or prevents the key life cycle activities of the proposed qualifying species, including continued access to the site and the resources upon which they depend. To simplify discussion in this document, we use the term ‘risk to the conservation objectives’ as a short hand for this. Where we are describing known effects on individual animals as part of the evidence behind our advice, then we make this clear. SNH has identified a range of management options that may be applied:

management to remove or avoid pressures

management to reduce or limit pressures

no additional management required

Where we advise ‘reduce or limit’ pressures, there are choices around how this could be achieved for a given activity e.g. we could reduce the intensity of an activity and/or limit the activity to certain parts of a site. We have identified management options and stated whether they are ‘recommended’ or should be ‘considered’ where:

6 Features, Activities, Sensitivity Tool

Page 19: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

15

Recommended - highlights that an activity-feature interaction exists, there is a reasonable evidence base and a specific recommendation for action can be made / justified. Considered - highlights that an issue exists, but a lack of evidence upon which to base an assessment of risk means that a specific recommendation for action cannot / or need not be made at this point. However, there is sufficient cause to make managers aware of the issue and for them to investigate possible further work to better understand the issue, including whether a management measure or best practice guidance may be helpful in achieving conservation objectives. This approach has been agreed with Marine Scotland to ensure consistency in our advice between different sites and features. We recognise that stakeholders can provide local environmental knowledge and more detailed information on activities, including in relation to intensity, frequency, and methods. This additional information will help us to develop more specific management options, focused on interactions between features and activities. Management options for the site will be agreed with stakeholders following classification of the SPA.

Existing species protection

Marine bird species in Scotland are protected everywhere from intentional/deliberate or reckless killing or injuring under the provisions of Article 5 of the Birds Directive and Article 1(1) of the 1981 Wildlife and Countryside Act (as amended).

Red-throated diver is an existing qualifying feature of the adjacent Hoy and Orkney Mainland Moors SPAs. The proposed SPA represents important marine foraging areas for these birds. For these birds, a large part of the conservation requirements is already covered by existing requirements for assessments against existing SPAs.

Marine site protection in addition to existing SPA protection recognises the true value of the foraging areas for breeding birds and provides JNCC, SNH and regulators with opportunities to work together with stakeholders to review the management required to safeguard the relevant qualifying species. It also provides the levers for ensuring these positive management measures are undertaken if required. Furthermore site protection of the foraging area places a statutory duty on JNCC and SNH to monitor its use and condition regularly. This means that any damage to the habitat can be identified relatively early and management measures put in place compared to the current situation. In addition, this monitoring requirement will mean that the success of existing management measures can be verified.

Page 20: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

16

Overview of activities

Table 2 lists the activities that currently take place and could reasonably occur in the future within or close to Scapa Flow pSPA. Activities that we consider likely to affect the proposed qualifying features are explored in more detail in the sections on individual activities. Activities that the proposed qualifying features are not thought to be sensitive to will not be considered further within this document. Table 2 is not exhaustive, further discussions with those who use the area are required to improve our understanding of current activities (e.g. locations, extent and intensity). New or other activities not identified within the table would need to be considered on a case-by-case basis. For the purposes of our initial advice, we have concentrated on those activities most likely to occur within the proposed SPA. The initial advice provided in this document does not preclude the requirement for all new projects and plans to undergo a Habitats Regulations Appraisal (HRA) by the relevant competent authority. Equally it does not preclude the requirement for competent authorities to carry out a review of existing consents, permissions and/or licences (see Annex 1 for further details). We would however anticipate that, for activities not covered by this document and for existing activities where we have identified no additional management, impacts from these activities on the qualifying features can be scoped out at an early stage of the HRA. Early engagement with SNH and/or the relevant competent authority is recommended to ensure HRA requirements for plans and projects are scoped appropriately and unnecessary costs are avoided.

Page 21: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

17

Table 2. Overview of activities with potential to affect the qualifying features of the Scapa Flow proposed SPA

Activities considered likely to affect the qualifying features

Activities not considered likely to affect the qualifying features (other than insignificantly)7

Aquaculture

Finfish

Shellfish

Fishing - mobile gear

Mechanical and hydraulic benthic

dredging

Benthic trawls

Pelagic trawls and seines

Fishing – static gear

Drift nets

Bottom set nets and fyke nets Navigational and maintenance dredging

Existing maintenance dredging

Dredge spoil disposal

Capital dredging

Ports and harbours

New development - Scapa Flow

(incl Lyness, Scapa, Stromness, St

Margaret’s Hope, Houton)

Recreational users

Jet-skiing

Wildfowling

Angling, boating, wildlife tours & kayaking (increase in activities)

Renewables – marine tidal

Tidal

Anchorages & moorings Fishing – static gear

Creels (including lobster, crabs and Nephrops)

Fishing – mobile gear

Line fishing (including jigging)

Infrastructure – cables, pipelines, outfalls

power interconnectors

gas and oil pipelines

outfalls

Introduction to aquaculture activities

There are currently seven active and one inactive salmon farms in the western half of the Scapa Flow. There is considerable industry interest in expansion of finfish aquaculture within Scapa Flow and a new site is being developed on the east side.

7 Only the specific examples of activities listed in the table have been excluded, rather than the

broad activity types. New plans or projects will still need to be considered by the relevant competent authority (see Annex 1 for further details).

Page 22: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

18

There are no aquaculture sites in the more exposed parts of the site in open waters to the east of Orkney. There is a seawater lobster hatchery on Lamb Holm. There are also three registered shellfish (mussel) aquaculture sites in Scapa Flow but none are active and there is limited potential for shellfish aquaculture generally in Orkney8. The locations of aquaculture sites known at the time of writing are shown on Map 3. Aquaculture – finfish All qualifying species of the Scapa Flow pSPA (great northern diver, black-throated diver, Slavonian grebe, common eider, long-tailed duck, common goldeneye, red-breasted merganser, European shag and red-throated diver) are considered sensitive to pressures associated with finfish aquaculture. Our initial assessment identifies the following pressures:

Mortality – by-catch through entanglement All qualifying species are considered to have a high sensitivity to entanglement in nets in the water column

Disturbance – vessel movement and displacement from foraging areas Red-throated divers are considered to have a high sensitivity to visual disturbance during the breeding season. Great northern diver, black-throated diver, Slavonian grebe, and red-breasted merganser are considered to have a medium sensitivity to visual disturbance created by vessel movement. All species display avoidance behaviour with flights responses varying between species. Long-tailed duck, shag, eider and goldeneye are considered to have low sensitivity to visual disturbance created by vessel movement with some level of habituation occurring. For eider however, during periods of flightless moults their ability to avoid vessel movement will be reduced.

Loss or damage to supporting habitats

All qualifying species are considered indirectly sensitive to pressures that

could reduce the extent of, or damage, supporting habitat for prey species

and therefore have the potential reduce the availability of important food

resources.

The key pressures associated with finfish aquaculture are disturbance and the potential to cause mortality through entanglement in nets as the qualifying features pursue their prey in the water column. Finfish aquaculture activities pose a risk to the conservation objectives because of the sensitivities of the qualifying features to entanglement, disturbance (divers, grebe and merganser) and reduction in prey availability through damage or loss of prey supporting habitat.

8 See http://www.gov.scot/resource/doc/295194/0118352.pdf

Page 23: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

19

Existing finfish aquaculture Diving birds are considered to be highly sensitive to pressures associated with nets set in the water column, including cage nets, external anti-predator nets deployed to deter seals or set (gill) nets (for recapture of escaped fish9). Fish-eating pursuit feeders (divers, Slavonian grebe, red-breasted merganser and shag) may be especially sensitive as aggregations of wild fish may be attracted to the vicinity of aquaculture cages. The use of set (gill) nets for capture of escaped farm fish should be avoided. In reality the contingency is rarely used as most fish are beyond capture in the time it takes to deploy nest. No additional management should be required to manage entanglement risk with anti-predator nets provided continual application of best practice, informed by rigorous monitoring and reporting of incidences of bird entanglement at fish farms, to ensure that cage mesh sizes and tensioning are appropriate to minimise entanglement risk and to govern use of anti-predator nets. Divers, Slavonian grebe, and red-breasted merganser are vulnerable to disturbance associated with vessel movements. However, current patterns and levels of vessel movement associated with finfish aquaculture are not anticipated to pose a risk to conservation objectives. New finfish farms or extension to existing farms In addition to entanglement risk, new or extensions for existing farms pose a risk to the conservation objectives because of the sensitivities of all species to reduction in prey availability through damage or loss of prey supporting habitat. The seabed footprint, including the Allowable Zone of Effect (AZE), associated with finfish farms also has potential to exert pressures on birds, through reduction in extent of accessible foraging areas and/or loss or damage to supporting habitat for prey species. Any new proposals to extend existing finfish farms or develop new sites within the pSPA will be required to undergo a HRA. To inform a HRA, it is likely that a bird survey will be required to determine the potential for disturbance to the qualifying species. In addition, a benthic survey of the seabed habitats within the site footprint may also be required to determine what the impact of the loss of supporting habitat on the qualifying species would be in terms of loss of area and prey resource to the birds (including barrier effects).

HRA of proposals falling within areas used by divers, Slavonian grebe and red-breasted merganser should also include development of appropriate mitigation measures to ensure that disturbance is not at a level that disrupts or prevents the key life cycle activities of these species, including continued access to resources and roost areas. 9 As currently identified as a contingency in some ‘Escape Prevention and Recapture Strategy’ plans.

Page 24: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

20

Appropriate mitigation to remove or avoid/reduce or limit pressures associated with proposals for new finfish farms or extensions to existing farms may include:

Prohibiting of the use of set (gill) nets for capture of farm fish in the event of escape.

Application of best practice, informed by rigorous monitoring and reporting of

incidences of bird entanglement at fish farms, to ensure that cage mesh sizes

and tensioning are appropriate to minimise entanglement risk and to govern

use of anti-predator nets.

Seasonal limitations and/or defining routes for maintenance vessels (particularly to avoid important foraging areas for red-throated divers).

Spatial limitations to avoid damaging or restricting access to prey supporting habitat of the qualifying species. Should future research establish a clear relationship between a specific management activity and displacement of divers, grebes, seaducks and shags from foraging areas, we will review all relevant information and provide advice on a management option.

Recommended management option:

Remove or avoid – existing and new finfish farms: Prohibiting the use of set (gill) nets for recapture of escaped farmed stock within the pSPA is recommended

No additional management – existing finfish farms: There should be no additional management required for existing finfish farms providing management of entanglement pressures at finfish farms within the pSPA follow current and evolving best practice with respect to cage mesh size and tensioning and the use of anti-predator nets.

Reduce or limit pressures – proposed new finfish farms: Reducing or limit entanglement pressures associated with new finfish farms or undeveloped consents as well as the expansion or relocation of existing fish farms through application of best practice is recommended.

Reduce or limit pressures associated with disturbance by maintenance vessels is recommended.

Reduce or limit pressures associated with the reduction (extent and accessibility) of prey supporting habitat through careful consideration of locations should be considered.

Page 25: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

21

Proposed way forward: We will continue discussions with those involved with aquaculture within or adjacent to the proposed SPA to help us to understand more about the interactions between finfish farms and diving birds.

Where management measures are required, the development of these would be undertaken via discussion with the relevant industries and scientific organisations. Marine Scotland and/or the relevant authority will lead on the development of specific management measures.

Aquaculture – shellfish As outlined above there is limited potential for shellfish aquaculture in Orkney waters and there are currently no active shellfish sites within the Scapa Flow pSPA. Shellfish farms require relatively shallow, sheltered waters which are likely to coincide with aggregations of those qualifying species which could be impacted by associated pressures. In addition, common eider in particular may be attracted to shellfish farms. Our initial assessment identifies the following pressures:

Mortality – by-catch through entanglement All qualifying species are considered to have a high sensitivity to

entanglement in nets in the water column.

Disturbance – vessel movement auditory deterrents and displacement from foraging, sheltering and / or roosting areas. Red-throated divers are considered to have a high sensitivity to visual

disturbance during the breeding season. Non-breeding great northern diver,

black-throated diver, Slavonian grebe and red-breasted merganser are

considered to have a medium sensitivity to visual disturbance. All species

display avoidance behaviour from vessels with flights responses varying

between species.

Eider and long-tailed duck are also potentially sensitive to incidental or deliberate disturbance, through use of auditory or other deterrents.

Long-tailed duck, shag, eider and goldeneye are considered to have low

sensitivity to visual disturbance created by vessel movement with some level

of habituation occurring. For eider however, during periods of flightless

moults their ability to avoid vessel movement will be reduced.

The key pressures associated with shellfish aquaculture are disturbance and the potential to cause mortality of non-target species through entanglement in protective netting designed to deter predation. Bivalve-eating seaducks such as eider and long-tailed duck may be especially sensitive as they can be attracted to shellfish farms.

Page 26: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

22

Breeding red-throated divers show a clear avoidance of areas with high shipping intensity and can take flight of small vessels approaching within 1km of them foraging. Eider and long-tailed duck can be displaced from favoured feeding or resting areas by auditory or other deterrents deployed by shellfish farmers to deter predators. Both species show clear avoidance behaviours from such deterrents. Shellfish aquaculture activities pose a risk to the conservation objectives because of the sensitivities of divers, Slavonian grebe, eider, long-tailed duck, shag, goldeneye and merganser to entanglement, disturbance and reduction in prey availability through damage or loss of prey supporting habitat. New shellfish farms or renewed use of vacant sites In addition to entanglement risk, new or extensions for existing farms pose a risk to the conservation objectives because of the sensitivities of divers, Slavonian grebe and red-breasted merganser (vessel movement) and eider and long-tailed duck (anti-predator deterrents) to disturbance and of all species to the reduction in prey availability through damage or loss of prey supporting habitat. The seabed footprint associated with shellfish farms also has potential to exert pressures on diving birds through reduction in extent of accessible foraging areas and/or loss or damage to supporting habitat for prey species. Any new proposals to extend existing shellfish farms or develop new sites within the pSPA will be required to undergo a HRA. To inform a HRA, particularly for proposals falling within hotspots for eider or long-tailed duck, it is likely that a benthic survey of the seabed habitats within the site footprint will be required to determine what the impact of the reduction in area of prey supporting habitat accessible to these benthic feeders would be in terms of reduction in prey resource to the birds. HRA of proposals falling within areas used by species sensitive to disturbance from vessel movements (divers, Slavonian grebe and red-breasted merganser) and deterrents (eider and long-tailed duck) should also include development of appropriate mitigation measures to ensure that any such disturbance is not at a level that disrupts or prevents the key life-cycle activities of these species, including continued access to the resources, including roost areas. Should future research establish a clear relationship between a specific management activity and displacement of divers, sea duck, grebes, mergansers or shag from foraging areas, we will review all relevant information and provide advice on a management option. Appropriate mitigation to remove or avoid/reduce or limit pressures associated with these activities on the qualifying features may include:

Application of best practice, informed by rigorous monitoring and reporting of

incidences of bird entanglement at shellfish farms to govern use of anti-

predator nets.

Page 27: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

23

Seasonal or spatial restrictions on use of auditory or other deterrents to ensure that associated disturbance is not at a level that disrupts or prevents the key life cycle activities of the proposed qualifying species, including continued access to the site and the resources upon which they depend.

Spatial limitations to avoid damaging or restricting access to prey supporting habitat of all qualifying species. Should future research establish a clear relationship between a specific management activity and displacement of divers, sea ducks, grebes, merganser, goldeneye or shag from foraging areas, we will review all relevant information and provide advice on a management option.

Recommended management option:

Reduce or limit: – proposed new shellfish farms or renewed use of vacant sites:

Reducing or limiting pressures associated with the use of anti-predator netting at shellfish farms within the pSPA by following best practice, as above, is recommended.

Reduce or limit pressures associated with disturbance by maintenance vessels and predator deterrents is recommended. Reducing or limiting pressures associated with the reduction (extent and accessibility) of prey supporting habitat through careful consideration of locations should be considered.

Proposed way forward: We will continue discussions with those involved with aquaculture within or adjacent to the proposed SPA to help us to understand more about the interactions between shellfish farms and the qualifying features.

Where management measures are required, the development of these would be undertaken via discussion with the relevant industries and scientific organisations. Marine Scotland and/or the relevant authority will lead on the development of specific management measures.

Page 28: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

24

Map 3. Aquaculture sites in relation to the Scapa Flow proposed SPA

Page 29: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

25

Introduction to fishing activities

In providing our advice on management options for fishing activities, we have focussed on what we know about the sensitivities of the proposed qualifying features to different types of fishing activity and whether or not that fishing activity may affect the achievement of the site’s conservation objectives. More information on the specific characteristics of the various fisheries and therefore their specific interactions with the qualifying species is required. Discussions with those involved with fishing within or adjacent to the site will be important for completing the assessment of the extent to which these features may actually be affected by fishing activities. Our current understanding of fishing activities within the pSPA is that creel (pot) fisheries for crabs and lobsters are the principle fisheries across much of the site, with activity particularly concentrated in the western part of Scapa Flow. There is a hand-dive scallop fishery mainly in west and south of Scapa Flow and a scallop dredge fishery in the east of the site, off South Ronaldsay, Burray and Mainland. Some Nephrops are taken, by both trawls and pots, in central Scapa Flow. Activities not considered further: Pelagic and bottom-set long-line fisheries are largely restricted to offshore waters and therefore at present pose a low risk to the qualifying species. Fishing using creels is likely to be widespread throughout the site. Whilst there is the potential for some mortality through entanglement for some species such as shag, the occurrence is rare and therefore we consider this method poses a low risk to the qualifying species. Fishing – mobile gear This section considers fishing by benthic (mechanical or hydraulic) dredges, benthic trawls, pelagic trawls and seines. Benthic dredges and trawls Benthic dredging includes both hydraulic dredges and simple mechanical dredges used for targeting scallops, mussels and other bivalves, including cockles. Benthic trawls include the various types of bottom-contacting, active gears, such as otter (single-rig and multi-rig, pair trawling, semi-pelagic), beam and bottom contacting seines e.g. Scottish seine/anchor seine. All the qualifying features of the Scapa Flow pSPA are considered sensitive to pressures associated with benthic dredging and trawls. Our initial assessment identifies the following direct and indirect pressures associated with these fisheries:

Mortality – by-catch through entanglement

All qualifying species are sensitive to entanglement in fishing nets. However,

numbers caught as by-catch in benthic trawls is considered to be low.

Page 30: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

26

Disturbance – vessel movement (see All mobile gear – vessel movements).

Removal of prey species. All qualifying species are considered indirectly sensitive to pressures that have

the potential to reduce the availability of important food resources, particularly

sandeel.

Abrasion to supporting habitats for prey species. Divers, Slavonian grebe, common eider, long-tailed duck, common goldeneye,

red-breasted merganser and European shag are considered indirectly

sensitive to pressures that could reduce the extent of or damage to supporting

habitat for prey species and therefore have the potential to reduce the

availability of important food resources.

The key pressure associated with benthic dredging and trawling is the potential to reduce the amount and/or quality of prey available to all qualifying features through removal of their prey species, including bivalves, crustaceans and/or fish. Benthic dredging and trawling therefore pose a risk to the conservation objectives if these activities cause a reduction in prey availability, either by direct removal or changes to the prey-supporting habitat. Sandeels are an important prey species for divers, grebe, shag and red-breasted merganser and are known to be highly sensitive to the pressures associated with targeted sandeel fishing i.e. sandeel abundance can be affected by targeted fishing. There is currently no targeted fishery for sandeels within the pSPA, this position should be retained. Benthic dredging can also cause abrasion to the seabed surface which may indirectly result in reduced availability of suitable prey species for bottom-feeding seaducks such as long-tailed duck, eider and goldeneye. The prey supporting habitats of seaducks are relatively fixed and prey species are not particularly mobile which means that consideration of site-based management in the future may be appropriate. However, because we know less about the extent of interactions between benthic fisheries and the key prey species and their supporting habitats, we have not currently identified a site-based management option. We recommend that a principal objective of the management of the relevant fisheries should be to ensure that the fishing activity does not cause damage to the benthic habitats and associated prey species such that it adversely affects the availability of prey to bottom-feeding seaducks. It is possible that on the basis of future research, additional site-based management may be required but based on our current understanding, we think it is appropriate that management continues to take place at a wider scale.

Page 31: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

27

Pelagic trawling and seines Species such as black-throated diver, great northern diver, red-throated diver, red-breasted merganser, Slavonian grebe and shag that pursue fish in the water column are considered to be most sensitive to pressures associated with pelagic trawls and seines. Bottom-feeding sea ducks (eider, long-tailed duck, and goldeneye) are considered to have a low sensitivity to pressures associated with pelagic fisheries and therefore are not considered further. Our initial assessment identifies the following pressures associated with these fisheries:

Mortality – bycatch through entanglement

Divers, Slavonian grebe, shag and red-breasted merganser are sensitive to

entanglement in fishing nets. However numbers caught as by-catch in pelagic

trawls and seines are considered to be low.

Disturbance – vessel movement (see all mobile gear – vessel movement).

Removal of prey species

Divers, grebe, mergansers and shags are indirectly sensitive to the removal of

fish prey as targeted species from fisheries activities.

The key pressure associated with pelagic trawls and seines is the potential to reduce the amount of prey available to divers, grebe, mergansers and shags through removal of prey species from the water column. Pelagic trawls and seines therefore pose a risk to the conservation objectives if these activities cause a reduction of prey availability. Whilst we know that fishing activity will reduce the amount of prey species, we do not know enough about what level of stock reduction would cause a significant reduction in prey availability that would then pose a risk to conservation objectives. However, prey species are mobile and, consequently so is bird foraging activity which will often take place beyond the boundary of the site. We have therefore not identified a site-based management option for pelagic fisheries because management of these fisheries takes place at a wider scale. All mobile gear fisheries - vessel movement Fishing boat movement can also cause direct pressures through visual disturbance to the qualifying features. Red-throated divers are considered to have a high sensitivity to visual disturbance during the breeding season. Great northern diver, black-throated diver, Slavonian grebe, and red-breasted merganser are considered to have a medium sensitivity to visual disturbance created by vessel movement. All species display avoidance behaviour with flights responses varying between species. Long-tailed duck, shag, eider and goldeneye are considered to have low sensitivity to visual disturbance created by fishing boat movements with some level of habituation occurring. For eider however, during periods of flightless moults their ability to avoid vessel movement will be reduced.

Page 32: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

28

Fishing poses a risk to the conservation objectives because of the sensitivities of great northern diver, black-throated diver, red-throated diver, Slavonian grebe, and red-breasted merganser to disturbance. However, current patterns and levels of vessel movement associated with fisheries activities are not anticipated to cause an adverse effect on site integrity. Recommended management option:

Remove or avoid pressures: Removing or avoiding pressures associated with fishing for sandeels is recommended. Reduce or limit pressures: Removing or avoiding pressures associated with fishing that has the potential to damage sandeel habitat is recommended. We have not identified a site-based management option for pelagic fisheries because management of these fisheries takes place at a wider scale. We have not identified a site-based management option for benthic fisheries because there is currently insufficient information available

Proposed way forward: Pelagic fishing for herring/sprat may occur within or around the pSPA. We recommend that a principle objective of the management of the fishery should be ensuring that the fishing activity does not prevent or disrupt the availability of prey species for divers, red-breasted merganser, Slavonian grebe or shag i.e. it should be considered as part of a broader ecosystem-based approach to management of this fishery.

Similarly, whilst we know less about the extent of interactions between benthic fisheries and prey supporting habitat, we recommend that a principal objective of the management of the relevant fisheries should be to ensure that the fishing activity does not cause such damage to the benthic habitats that it adversely affects the availability of prey to bottom-feeding seaducks.

Additional research is required to better understand the relationships between the impact of dredging and benthic trawling on supporting habitats, their ability to support suitable prey and any consequential effect this may have on the birds.

Where management measures are required, the development of these would be undertaken via discussion with the relevant industries and scientific organisations. Marine Scotland and/or the relevant authority will lead the development of specific management measures.

Page 33: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

29

Fishing – static gear This section considers fishing using drift nets, salmon nets, bottom set nets and Fyke

nets whether bottom set or in the water column.

All of the qualifying features of the Scapa Flow pSPA are considered to be sensitive to pressures associated with fisheries using static nets. Our initial assessment identifies the following direct and indirect pressures associated with these fisheries:

Mortality – by-catch through entanglement All qualifying species are sensitive to entanglement in set nets.

Disturbance – vessel movement Red-throated divers are considered to have a high sensitivity to visual disturbance during the breeding season. Great northern diver, black-throated diver, Slavonian grebe, and red-breasted merganser are considered to have a medium sensitivity to visual disturbance created by vessel movement. All species display avoidance behaviour with flights responses varying between species. Long-tailed duck, shag, eider and goldeneye are considered to have low sensitivity to visual disturbance created by vessel movement with some level of habituation occurring. For eider, however, during periods of flightless moults their ability to avoid vessel movement will be reduced.

Removal of prey species All qualifying species are considered indirectly sensitive to pressures that

have the potential to reduce the availability of important food resources.

The key pressure associated with static gear fisheries is the potential to cause mortality of non-target species through entanglement in nets as the qualifying features dive for their prey. All diving birds are considered to be highly sensitive to pressures associated with set nets including drift nets, fixed salmon nets and bottom set nets (possibly including fyke nets). Drift nets set in the water column present the highest risk to diving birds, particularly those which pursue fish in the water column such as divers, grebes, mergansers and shags. Bottom-feeding sea ducks will also be sensitive to nets set close to the seabed or in areas close to rocky substrates where they forage for bivalves and crustaceans. Fishing using drift nets, fixed salmon nets, bottom set nets and fyke nets pose a risk to the conservation objectives because of the sensitivities of all qualifying features to the by-catch entanglement and removal of prey, and the sensitivities of great northern diver, black-throated diver, red-throated diver, Slavonian grebe and red-breasted merganser to disturbance. Consideration of management measures to remove or avoid pressures associated with these activities on the qualifying species may include:

Page 34: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

30

Spatial restrictions to avoid static gear within foraging dive ranges of the qualifying species. Most diving species, with the exception of great northern diver and shag, forage in depths of less than 15m. The extent to which bottom-set nets set deeper than 15m impact on these diving birds is unclear and requires further consideration.

Seasonal restrictions, avoiding fishing during the winter months when non-breeding waterfowl are present. However, consideration needs to be given to eider and shag that are resident throughout the year and to red-throated diver in their summer breeding season.

Vessel movement Divers, Slavonian grebe and red-breasted merganser are sensitive to disturbance associated with vessel movements. However, current patterns and levels of vessel movement associated with static gear fisheries activities are not anticipated to pose a risk to the conservation objectives Recommended management option:

Remove or avoid: Prohibiting the use of all set nets in areas identified as being important for common eider and European shag is recommended. Remove or avoid – seasonal – non-breeding birds: Prohibiting the use of drift nets in areas identified as being important for black throated diver, great northern diver, Slavonian grebe, common goldeneye, long-tailed duck and red-breasted merganser between mid-August and May each year is recommended. Prohibiting the use of, bottom set nets and fyke nets in areas identified as being important for black throated diver, great northern diver and seaduck between mid-August and May each year is recommended. Remove or avoid – seasonal – red-throated diver: Prohibiting the use of drift nets in areas identified as being important for red-throated diver between April and mid-September each year is recommended. Prohibiting the use of bottom set nets and fyke nets in areas identified as being important for red-throated diver between April and mid-September each year is recommended.

Proposed way forward: Where management measures are required, the development of these would be undertaken via discussion with the relevant industries and scientific organisations. The relevant authority will lead the development of specific management measures

Page 35: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

31

Navigational dredging and disposal

This section encompasses periodic maintenance dredging which is already carried out at established areas and, the disposal of dredge material at recognised disposal sites. It also provides management advice on changes to current practice and future proposals for capital dredging projects. All of the qualifying features of the Scapa Flow pSPA are considered sensitive to

pressures associated with dredging and disposal activities. Our initial assessment

identifies the following pressures:

Disturbance – vessel movement

Red-throated divers are considered to have a high sensitivity to visual disturbance during the breeding season. Great northern diver, black-throated diver, Slavonian grebe, and red-breasted merganser are considered to have a medium sensitivity to visual disturbance created by vessel movement. All species display avoidance behaviour with flights responses varying between species. Long-tailed duck, shag, eider and goldeneye are considered to have low sensitivity to visual disturbance created by vessel movement with some level of habituation occurring. For eider, however, during periods of flightless moults, their ability to avoid vessel movement will be reduced.

Changes in water clarity All qualifying features rely on underwater visibility to capture prey and/or

forage on the seabed. Divers, grebe, merganser and shag exhibit a low sensitivity to this pressure. Information on potential impacts of water clarity changes on sea duck however is sparse.

Removal of prey species All qualifying species are considered indirectly sensitive to pressures that

have the potential to reduce the availability of important food resources.

Abrasion and smothering of supporting habitat for prey species All qualifying features are considered indirectly sensitive to pressures that

could reduce the extent of or damage to supporting habitat for prey species

and therefore has the potential to reduce the availability of important food

resources.

Navigational dredging and disposal activities pose a risk to the conservation objectives because of the sensitivities of all qualifying species to the reduction in prey availability, either by direct removal or changes to the prey supporting habitat and, the sensitivities of great northern diver, black-throated diver, red-throated diver, Slavonian grebe and red-breasted merganser to disturbance.

Page 36: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

32

Existing periodic maintenance dredging and spoil disposal Divers, grebe, sea ducks and shag are sensitive to removal of bivalve, crustacean and fish prey from the sea bed as a result of dredging and, through abrasion of supporting sea bed habitats caused by dredging and smothering by dredge spoil. Periodic maintenance dredging of harbour basins and around piers within the pSPA for navigational reasons, and disposal of dredge material (including capital dredge material) at existing disposal sites are established activities which at their current scale we consider do not require additional management. This is because, the supporting sea bed habitats at these established dredging areas and licensed disposal sites will already be regularly disturbed or smothered by spoil so will have limited foraging value to divers, grebe, sea ducks and shag. Existing licensed disposal sites are shown on Map 4. Additionally, periods of poor underwater visibility resulting from dredging and disposal activities that could prevent feeding in the immediate vicinity are likely to be short-term and therefore not anticipated to pose a risk to the conservation objectives. However, we would recommend that all maintenance dredging is treated as a plan or project and the Statutory Harbour Authority, as a competent authority, despite current license exemption, carries out a HRA to satisfy themselves that baseline activities have no adverse effect on site integrity. This approach will also have the advantage of giving a baseline to inform any new capital and associated projected maintenance dredging against. To ensure there is sufficient protection for the site, as set out in Regulation 48 of the ‘Habitats Regulations’ the HRA should also cover realistic worse-case scenarios, e.g. providing contingencies for ‘emergency’ operations. Capital dredge operations or new disposal sites Capital dredge projects and/or new disposal sites within the Scapa Flow pSPA, including future associated maintenance dredging should be considered as a new plan or project and undergo a HRA. The level of potential impacts and therefore management advice depends on the scale, location, and type and intensity of use of any future proposals. To inform a HRA it is likely that a benthic survey of the seabed habitats and bird surveys will be required in the area to be dredged and/or used for spoil disposal. Appropriate mitigation to reduce or limit pressures associated with these activities on the qualifying species may include

spatial limitations to avoid damaging supporting habitat within foraging dive ranges of the qualifying species and/or;

seasonal restrictions (particularly in areas used for foraging by breeding red-throated diver, as they will have a restricted foraging range during this period).

Most foraging activity for the qualifying species occurs in waters shallower than 15 metres (except great northern diver and shag).

Page 37: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

33

We advise that in developing any proposals within the pSPA, the applicant should enter into early discussions with both Marine Scotland and SNH to ensure that a HRA is scoped adequately, including considerations regarding the potential for cumulative impacts. Vessel movement Dredge spoil can be relocated on land or at sea. For those cases where the spoil is disposed of at sea, the transit phase will create additional vessel movement in the area between the dredged site and the disposal site. Divers, Slavonian grebe, and red-breasted merganser are sensitive to disturbance associated with vessel movements. However, current patterns and levels of vessel movement associated with dredging and disposal activities are not anticipated to pose a risk to the conservation objectives. Recommended management option:

No additional management – existing maintenance dredging and disposal (ports and harbours): There should be no additional management requirements for established maintenance dredging and licensed disposal sites. This includes seasonal restrictions. Reduce or limit pressures: Reducing or limiting pressures associated with capital dredging projects, associated maintenance dredging and new disposal sites should be considered.

Proposed way forward: All new plans and projects will require a HRA. Early discussions with both Marine Scotland and SNH to ensure that a HRA is scoped adequately, including considerations regarding the potential for cumulative impacts is recommended.

Where management measures are required, the development of these would be undertaken via discussion with Statutory Harbour Authorities. Marine Scotland and SNH.

Page 38: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

34

Map 4. Dredge material disposal sites within and adjacent to the Scapa Flow pSPA.

Page 39: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

35

Ports and Harbours activities

This section encompasses ports and harbour related activities both existing and potential future proposals that occur within harbour and port statutory limits and that could affect the qualifying features of Scapa Flow pSPA. The coastal boundary of the pSPA follows the mean low water springs (MLWS). All permanent man-made hard structures (infrastructure) that protrude from land i.e. jetties, piers, harbour walls, ferry terminals, slipways and docks within statutory limits are excluded from the pSPA. Anchorages with floating buoys or moorings are not excluded from the pSPA boundary as these are floating structures around which the qualifying species can still forage, preen, loaf or roost. All of the qualifying features of the Scapa Flow pSPA are considered sensitive to pressures associated with various ports and harbour activities. Our initial assessment identifies the following pressures:

Disturbance – vessel movement and new development

Red-throated divers are considered to have a high sensitivity to visual disturbance during the breeding season. Great northern diver, black-throated diver, Slavonian grebe, and red-breasted merganser are considered to have a medium sensitivity to visual disturbance created by vessel movement. All species display avoidance behaviour with flights responses varying between species. Long-tailed duck, shag, eider and goldeneye are considered to have low sensitivity to visual disturbance created by vessel movement with some level of habituation occurring. For eider, however, during periods of flightless moults, their ability to avoid vessel movement will be reduced.

Mortality - ship to ship hydrocarbon transfers

Loss or damage to supporting habitat for prey species – new developments/port expansion. All qualifying features are considered indirectly sensitive to pressures that

could reduce the extent of or damage to supporting habitat for prey species

and therefore has the potential to reduce the availability of important food

resources.

New developments within port and harbour limits pose a risk to the conservation objectives because of the sensitivities of all qualifying species to the reduction in prey availability through damage or loss of prey supporting habitat and the sensitivities of great northern diver, black-throated diver, red-throated diver, Slavonian grebe, and red-breasted merganser to disturbance. The Flotta oil terminal is located within Scapa Flow. Crude oil is imported to the terminal from several offshore installations through a subsea pipeline that bisects the

Page 40: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

36

Scapa Flow pSPA. At the terminal, the crude oil is stabilised by removal of water, gases and impurities and is stored prior to export by tanker. Operations at Flotta oil terminal are supported by the Scapa Flow Harbour Authority’s tug fleet which is also deployed to support commercial ship-to-ship hydrocarbon transfers within Scapa Flow. Hydrocarbon activities such as ship to ship transfers pose a risk to the conservation objectives because of the sensitivities of all qualifying features to oil contamination. Existing ports and harbour operations Scapa Flow is part of Orkney Islands Council’s harbour area (see also hydrocarbon activities). Stromness is the terminus for the lifeline ferry link between Orkney and Caithness and is also used by local fishing and tourist boats. A new pier has been constructed there in recent years to support the marine renewables energy sector and the former naval base at Lyness on Hoy has also been redeveloped. There are around a dozen smaller harbours and piers in the pSPA including those at Burwick, Flotta, Graemsay, Houton, Moaness and St Margaret's Hope, all of which are used by ferries to or within Orkney.

It is not anticipated that any additional management measures will be required for the current level and range of operations and licenced activities within existing port and harbour limits. Flotta oil terminal and ship-to-ship transfers Oil spill avoidance and contingency plans are long-established within the industry. Oil spill contingency plans need to be stringent and take full account of the qualifying species of the pSPA. Ship to ship transfers pose a risk to the conservation objectives because of the sensitivities of all qualifying features to oil contamination. All oil transfer and transportation needs to be carefully managed to avoid the risk of oil spillage. Consideration of oil spill risk to the qualifying features of the Scapa Flow pSPA should be included in any post-classification review under the Habitats Regulations, by the Maritime and Coastguard Agency of the Oil Transfer Licence for Scapa Flow issued to Orkney Islands Council Harbour Authority in March 201510. The worst case scenario should be used as baseline for assessing the potential impact on the qualifying species of the pSPA Vessel movement Divers, Slavonian grebe and red-breasted merganser are sensitive to disturbance associated with vessel movements. However, current patterns and levels of vessel movement associated with ports and harbours activities are not anticipated to pose a risk to the conservation objectives. Development or expansion of ports and harbours

10

The March 2015 Oil Transfer Licence for Scapa Flow states that “should the Scapa Flow dSPA be progressed to a pSPA by the Scottish Government a review of the Appropriate Assessment may be required”.

Page 41: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

37

Recent ports and harbours developments in Scapa Flow have primarily been to provide infrastructure to support marine renewables. Scapa Flow has also been identified as a potential location for an international container transhipment hub11. Various potential approaches to such a development, most recently a floating facility12, have been suggested. All new development, expansion proposals and/or changes in intensity of use should be considered as a new plan or project and undergo a HRA. The level of potential impacts and therefore management advice depends on the scale, location, type and intensity of use of any future proposals. Such development or expansion has the potential to impact upon the pSPA (as well as existing SPAs). To inform a HRA it is likely that a benthic survey of the seabed habitats and bird surveys will be required in the area proposed for development. Appropriate mitigation to reduce or limit pressures associated with new development proposals on the qualifying species may include:

spatial limitations to avoid damaging supporting habitat within foraging dive ranges of the qualifying species and/or;

seasonal restrictions to avoid periods when birds are present.

We advise that in developing any proposals within or adjacent to the pSPA, the applicant should enter into early discussions with both Marine Scotland and SNH to ensure that a HRA is scoped adequately, including considerations regarding the potential for cumulative impacts. Activities not considered further:

Anchorages & moorings

Beyond pressures associated with the vessel movement (covered above), we are not aware of any further pressures that have the potential to cause an adverse effect on the qualifying features.

Recommended management option:

No additional management - existing operations: There should be no additional management requirements for established activities at ports and harbours within the Scapa Flow pSPA. Reduce or limit pressures – new development: Reducing or limiting pressures associated with new development proposals or expansion of ports and harbours within or adjacent to the Scapa Flow pSPA should be considered. No additional management –existing oil activity - Flotta

11

See http://www.gov.scot/Publications/2013/04/2377/6 12

See http://container-mag.com/2014/05/02/the-orkney-floating-container-terminal-alternative/

Page 42: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

38

oil terminal: There should be no additional management requirements for existing operations associated with the Flotta oil terminal. Reduce or limit: Reducing or limiting oil spill risks associated with ship-to-ship transfers in Scapa Flow should be considered10.

Proposed way forward:

All new plans and projects will require a HRA. Early discussions with both Marine Scotland and SNH to ensure that a HRA is scoped adequately, including considerations regarding the potential for cumulative impacts is recommended. Where management measures are required, the development of these would be undertaken via discussion with Harbour Authorities. Marine Scotland and SNH.

Page 43: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

39

Recreational activities

There is a 72-berth marina at Stromness, which is also the base for a locally important dive tourism industry around the wrecks of the German WWI fleet in Scapa Flow. There are a number of wildlife tour companies operating within the Scapa Flow pSPA and sea angling is another popular recreational activity. Recreational sailing and kayaking are popular amongst both local residents and visitors but are of low intensity and almost entirely confined to the summer months when most of the non-breeding birds are absent. However, some activities such as use of personal watercraft (jet skiing) and wildfowling, while currently thought to be very limited within the pSPA, have the potential to cause prolonged and/or repeated disturbance. Existing recreational activities are shown in Map 5. All of the qualifying features of the Scapa Flow pSPA are considered sensitive to pressures associated with recreational activities. Our initial assessment identifies the following pressures:

Disturbance - through displacement from foraging, sheltering and / or roosting areas, or disturbance during moulting period for eiders. Red-throated divers are considered to have a high sensitivity to visual disturbance during the breeding season. Great northern diver, black-throated diver Slavonian grebe and red-breasted merganser are considered to have a medium sensitivity to visual disturbance created by vessel movement and other anthropogenic activity. All species display avoidance behaviour to vessel movement including kayaks and yachts with flights responses varying between species. Breeding red-throated divers can take flight of small vessels approaching within 1km of them foraging.

Long-tailed duck, shag, eider and goldeneye are considered to have low sensitivity to visual disturbance created by vessel movement with some level of habituation occurring. For eider however, during periods of flightless moults their ability to avoid vessel movement will be reduced.

The key pressure associated with recreational activities is disturbance to divers, grebes and red-breasted merganser particularly around areas they use for shelter, roosting and/or foraging. Disturbance of birds from these areas can be costly for the bird, requiring them to use valuable energy reserves getting away from the activity. Eiders are also sensitive during their moult when they are flightless and less able to get away Jet-skiing and wildfowling Prolonged activity around foraging and roosting areas can also lead to displacement from these areas so reducing the bird’s ability to feed and/or rest. Use of personal watercraft (jet skiing) and wildfowling activities pose a particular risk to the conservation objectives because of the sensitivities of great northern diver, black-throated diver, red-throated diver, Slavonian grebe, and red-breasted merganser to disturbance.

Page 44: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

40

Increase in activities

Most water-borne activities occur during the summer when most non-breeding waterfowl (except eider and breeding shag) are not present. However, breeding red-throated diver are highly sensitive to disturbance. Should there be evidence of pressures at particular locations and/or if there is major increase in intensity of these pursuits within the pSPA there may be a requirement to consider reducing pressures. Activities not considered further: Sea kayaking, yachting, angling, dive boat operators and wildlife tour operators Current patterns and levels of these recreational activities are not anticipated to pose a risk to the conservation objectives. Recommended management option:

Reduce or limit pressures – jet-skiing and wildfowling: Reducing or limiting disturbance of qualifying species from jet-skiing and wildfowling should be considered. No additional management – existing wildlife tours, dive boat tourism, yachting, angling and kayaking: There should be no additional management requirements providing the Scottish Marine Wildlife Watching Code is followed by water-borne recreational users and tourism operators. Reduce or limit pressures – increase in activities Reducing or limiting disturbance of divers, grebe, red-breasted merganser and moulting eider by water-borne recreational activities should be considered if in the future there is evidence of impacts at particular locations and/or if there is major increase in intensity of these pursuits within the pSPA. There would be potential for some zonation of measures given distribution of sensitive species within the site

Proposed way forward:

Continue to promote best practice guidance and raise awareness of avoiding disturbance to wintering birds with representatives from relevant organisations. Where management measures are required, the development of these would be undertaken via discussion with relevant organisations. Marine Scotland and/or the relevant authority will lead the development of specific management measures.

Relationship with existing management:

Recreational boat users generally view wildlife as a positive part of their experience on the water. If disturbance does occur, this is often as a result of lack of understanding of the bird’s behaviour or how human activities can affect a bird’s

Page 45: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

41

well-being. Awareness-raising and education are therefore an important part of existing management. The following best practice guidance is available: The Scottish Marine Wildlife Watching Code (SMWWC) highlights why wintering birds are sensitive to disturbance and offers practical advice on how to avoid disturbance. More information on the Code can be found at www.marinecode.org .

Page 46: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

42

Map 5. Recreational activities within the Scapa Flow pSPA

Page 47: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

43

Introduction to renewables activities

Renewable marine energy encompasses offshore wind (fixed and floating technologies, wave and tidal (stream and barrage) developments. Development areas have been identified through previous Crown Estate leasing rounds, option areas in the draft Sectoral Plans produced by Marine Scotland and or individual developers prospecting and locating suitable sites, particularly for small scale demonstration sites. Offshore wind technology is a proven technology; however more recently drivers to reduce build costs have introduced more novel technology in terms of turbine types and also in the foundations being used. Wave technology is still being developed and whilst there have been some applications for commercial scale arrays, the technology is still in its infancy and only small scale demonstration and prototype devices have been successfully deployed to date. Tidal stream is further advanced than wave technology but is still reasonably novel with considerable areas of uncertainty surrounding how animals interact with turbines. Interest in Scottish waters for tidal barrage schemes is considerably lower than in the rest of the UK. This section provides information on marine renewable interests - both existing and planned that could affect the qualifying interests of Scapa Flow pSPA. Consideration has been given to the draft Sectoral plans - any identified options areas, leasing rounds, applications and also any consented developments. There is an established, small-scale, wave energy nursery site within the Scapa Flow pSPA but commercial scale development of wave energy capture is unlikely within the pSPA as the waters are largely sheltered from the prevailing westerly wave fetch. There are no wave or offshore wind draft option areas identified in the respective draft Sectoral plans that overlap with the Scapa Flow pSPA. There is one tidal energy lease site within the pSPA, off South Ronaldsay and some overlap with a tidal draft option area in the Pentland Firth. All of the qualifying features of the Scapa Flow pSPA are considered sensitive to pressures associated with tidal stream renewable activities. Our initial assessment identifies the following pressures associated with tidal renewables:

Mortality – through collision

All of the qualifying species for the Scapa Flow pSPA forage by diving and are considered to be sensitive to collision risk with tidal turbines. Tidal stream turbines pose a risk to these species, but as the risk is a novel one it is not possible to quantify.

Disturbance - through displacement from foraging areas

Diving birds may avoid areas where tidal stream turbines are present. All of the qualifying species, particularly shags, divers and grebes that forage in relatively high-energy areas are considered sensitive to reduction in areas of accessible foraging associated with presence of tidal turbines, either directly or by creating a barrier to foraging areas. Repeated disturbance associated

Page 48: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

44

with installation or maintenance activities may also cause displacement, particularly of those species that are sensitive to visual disturbance (divers, grebe, red-breasted merganser and moulting eider).

Loss or damage to supporting habitat for prey species All of the qualifying species are considered indirectly sensitive to pressures associated with the loss or damage of supporting habitat for prey species and therefore potential reduction in food resources. Construction and installation of supporting infrastructure such as cables on the sea bed also has the potential to cause an impact on the qualifying features, however, the risk is considered to be low.

Tidal energy Consented Developments There is a small wave energy nursery test site in Scapa Flow, operated by the European Marine Energy Centre (EMEC). This site is consented and operational and has conditions attached to its consent. Lease Areas No commercial tidal energy sites have yet been consented or developed in Orkney waters but there is one tidal energy lease site within the pSPA, at Brough Ness off South Ronaldsay (100MW) which lies within a tidal draft option area in the Pentland Firth. This section considers marine energy capture by tidal turbines. As outlined above there are proposals for a large scale commercial development at Brough Ness and some overlap between the pSPA and tidal option area in the Pentland Firth. New tidal array developments within the Scapa Flow pSPA pose a risk to the conservation objectives because of the sensitivities of all qualifying species to collision and damage or loss of prey supporting habitat and the sensitivities of divers, Slavonian grebe, red-breasted merganser and moulting eider to disturbance. All new development should be considered as a new plan or project and undergo a HRA. The level of potential impacts and therefore management advice depends on the scale, location, type and intensity of use of any future proposals. To inform a HRA it is likely that a bird survey will be required in the area proposed for development.

Appropriate mitigation to reduce or limit pressures associated with new tidal proposals on the qualifying features may include:

spatial limitations to avoid particularly high density areas of the qualifying features, and/or;

seasonal restrictions to avoid periods when birds are present. We advise that in developing any tidal array proposals, the applicant should enter into early discussions with both Marine Scotland and SNH to ensure that an HRA is

Page 49: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

45

scoped adequately, including considerations regarding the potential for cumulative impacts and therefore, unnecessary costs avoided. This advice will take account of emerging evidence as this technology develops and lessons learned from research and monitoring at deployments from elsewhere can be considered.

Recommended management option:

No additional management –operational tidal nursery schemes: No additional management required for the EMEC Wave Nursery Site in Scapa Flow. This is consented and operational and has conditions attached to its consents Reduce or limit pressures – new tidal proposals: Reduce or limit pressures through effective mitigation measures. Advice to reduce or limit pressures might be required depending on the proposal and its scale, duration and location. Reducing or limiting collision and displacement pressures in areas identified as being important for red-throated diver, black-throated diver, great northern diver, Slavonian grebe, eider, long-tailed duck, goldeneye, red-breasted merganser or shag should be considered.

Proposed way forward:

Should any new proposals be brought forward within the pSPA area then these would need to be considered on a case by case basis. Where management measures are required, the development of these should be in discussion with the developer, regulator Marine Science Licensing and Operations Team (MS LOT) and advisers Marine Scotland Science (MSS) and SNH.

Page 50: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

46

Map 6. Marine renewable energy activities within and adjacent to Scapa Flow pSPA

Page 51: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

47

Summary of management options

Aquaculture – finfish

Remove or avoid – existing and new finfish farms: Prohibiting the use of set (gill) nets for recapture of escaped farmed stock within the pSPA is recommended

No additional management – existing finfish farms: There should be no additional management required for existing finfish farms providing management of entanglement pressures at finfish farms within the pSPA follow current and evolving best practice with respect to cage mesh size and tensioning and the use of anti-predator nets.

Reduce or limit pressures – proposed new finfish farms: Reducing or limit entanglement pressures associated with new finfish farms or undeveloped consents as well as the expansion or relocation of existing fish farms through application of best practice is recommended.

Reduce or limit pressures associated with disturbance by maintenance vessels is recommended.

Reduce or limit pressures associated with the reduction (extent and accessibility) of prey supporting habitat through careful consideration of locations should be considered.

Aquaculture – shellfish

Reduce or limit: – proposed new shellfish farms or renewed use of vacant sites:

Reducing or limiting pressures associated with the use of anti-predator netting at shellfish farms within the pSPA by following best practice, as above, is recommended.

Reduce or limit pressures associated with disturbance by maintenance vessels and predator deterrents is recommended. Reducing or limiting pressures associated with the reduction (extent and accessibility) of prey supporting habitat through careful consideration of locations should be considered.

Fishing - mobile gear

Remove or avoid pressures: Removing or avoiding pressures associated with fishing for sandeels is recommended. Reduce or limit pressures: Removing or avoiding pressures associated with fishing that has the potential to damage sandeel habitat is recommended. We have not identified a site-based management option for pelagic fisheries because management of these fisheries takes place at a wider scale.

Page 52: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

48

We have not identified a site-based management option for benthic fisheries because there is currently insufficient information available.

Fishing – static gear

Remove or avoid: Prohibiting the use of all set nets in areas identified as being important for common eider and European shag is recommended. Remove or avoid – seasonal – non-breeding birds: Prohibiting the use of drift nets in areas identified as being important for black throated diver, great northern diver, Slavonian grebe, common goldeneye, long-tailed duck and red-breasted merganser between mid-August and May each year is recommended. Prohibiting the use of, bottom set nets and fyke nets in areas identified as being important for black throated diver, great northern diver and seaduck between mid-August and May each year is recommended. Remove or avoid – seasonal – red-throated diver: Prohibiting the use of drift nets in areas identified as being important for red-throated diver between April and mid-September each year is recommended. Prohibiting the use of bottom set nets and fyke nets in areas identified as being important for red-throated diver between April and mid-September each year is recommended.

Navigational dredging and disposal

No additional management – existing maintenance dredging and disposal (ports and harbours): There should be no additional management requirements for established maintenance dredging and licensed disposal sites. This includes seasonal restrictions. Reduce or limit pressures: Reducing or limiting pressures associated with capital dredging projects, associated maintenance dredging and new disposal sites should be considered.

Ports and harbours

No additional management - existing operations: There should be no additional management requirements for established activities at ports and harbours within the Scapa Flow pSPA. Reduce or limit pressures – new development: Reducing or limiting pressures associated with new development proposals or expansion of ports and harbours within or adjacent to the Scapa Flow pSPA should be considered.

Page 53: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

49

No additional management –existing oil activity - Flotta oil terminal: There should be no additional management requirements for existing operations associated with the Flotta oil terminal. Reduce or limit: Reducing or limiting oil spill risks associated with ship-to-ship transfers in Scapa Flow should be considered

Recreational activities

Reduce or limit pressures – jet-skiing and wildfowling: Reducing or limiting disturbance of qualifying species from jet-skiing and wildfowling should be considered. No additional management – existing wildlife tours, dive boat tourism, yachting, angling and kayaking: There should be no additional management requirements providing the Scottish Marine Wildlife Watching Code is followed by water-borne recreational users and tourism operators. Reduce or limit pressures – increase in activities Reducing or limiting disturbance of divers, grebe, red-breasted merganser and moulting eider by water-borne recreational activities should be considered if in the future there is evidence of impacts at particular locations and/or if there is major increase in intensity of these pursuits within the pSPA.

Renewables – tidal energy

No additional management –operational tidal nursery schemes: No additional management required for the EMEC Wave Nursery Site in Scapa Flow. This is consented and operational and has conditions attached to its consents Reduce or limit pressures – new tidal proposals: Reduce or limit pressures through effective mitigation measures. Advice to reduce or limit pressures might be required depending on the proposal and its scale, duration and location. Reducing or limiting collision and displacement pressures in areas identified as being important for red-throated diver, black-throated diver, great northern diver, Slavonian grebe, eider, long-tailed duck, goldeneye, red-breasted merganser or shag should be considered.

Cumulative effects: Potential cumulative effects are recognised for all new or

increased activities identified under ‘Activities considered likely to affect the qualifying features’ in Table 2, and for activities sharing the following pressures:

Page 54: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

50

Mortality:

Finfish & shellfish aquaculture – through entanglement.

Fishing with mobile and static gear – through entanglement.

Ports and harbours – through oil contamination.

Tidal energy – through collision with turbines.

Disturbance:

Finfish aquaculture – through displacement from foraging areas.

Shellfish aquaculture – through deliberate or incidental displacement from foraging areas

Fishing with mobile gear – through disturbance associated with increased vessel activity.

Navigational dredging – through disturbance associated with increased shipping activity.

Recreational activities – through displacement from foraging areas.

Tidal energy – through displacement from foraging areas

Ports and harbours – through disturbance associated with new development.

Reduction in prey availability:

Fishing with mobile gear – through direct removal of prey and potential damage to prey supporting habitat.

Tidal energy - through installation of infrastructure causing loss or damage to prey supporting habitat.

Navigational dredging – through direct removal of prey and potential damage to prey supporting habitat.

Ports and harbours – through loss of or damage to prey supporting habitat associated with new development

Before any firm recommendations are made, discussions should be held with stakeholders to ensure that the there is a good understanding of the features and the likely interactions with activities. Marine Scotland will lead the discussions on management with stakeholders. These discussions will start during the formal consultation and, if necessary, may continue after the consultation. The discussions should lead to an improved understanding of the risk to the proposed protected features. The options presented here will then be reviewed by SNH and a preferred way forward may be recommended. This will form the basis of advice from SNH to Marine Scotland on management requirements for this site should it be classified as an SPA. Marine Scotland will be responsible for making recommendations to Scottish Ministers on any management measures that may be required. The development of these measures will be done through discussion with stakeholders after the formal

Page 55: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

51

consultation on the pSPA. Should any management measures require statutory underpinning, Marine Scotland will undertake further consultation.

Page 56: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

52

Annex 1. Background to the advice contained in this paper

The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended),

commonly referred to as the Habitats Regulations, transpose the EC Directive

92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora

(Habitats Directive) into domestic legislation. Regulation 33(2) gives Scottish Natural

Heritage a statutory responsibility to advise other relevant authorities as to the

conservation objectives for European marine sites in Scotland, and any operations

which may cause deterioration of natural habitats or the habitats of species, or

disturbance of species for which the site has been designated.

This document presents the Regulation 33 and 18 advice, plus supporting

information, for the Scapa Flow pSPA to assist relevant and competent authorities,

local interest groups and individuals in considering management (including any

management scheme) of the site. This advice will also help to determine the scope

and nature of any “appropriate assessment”, which the Habitats Directive requires to

be undertaken for proposed plans and projects that are not connected to the

conservation management of the site and are considered likely to have a significant

effect. Where necessary SNH or JNCC will also provide more detailed advice to

relevant, and other competent, authorities to inform assessment of the implications

of any such plans or projects.

Relevant and competent authorities

Within the context of a marine SPA, a relevant authority is a body or authority that

has a function in relation to land or waters within or adjacent to the site (Regulation

5) and include: a nature conservation body; a local authority; water undertakers; a

navigation authority; a harbour authority; a lighthouse authority; a river purification

board (SEPA); a district salmon fishery board; and a local fisheries committee. All

relevant authorities are competent authorities.

A competent authority is defined in Regulation 6 as “any Minister, government

department, public or statutory undertaker, public body of any description or person

holding a public office”. In the context of a plan or project, the competent authority is

the authority with the power or duty to determine whether or not the proposal can

proceed.

The role of relevant authorities

The Habitats Regulations require relevant authorities to exercise their functions so

as to secure compliance with the Habitats Directive. A management scheme may be

drawn up for each European marine site by the relevant authorities as described

under Regulation 34. For marine SPAs and SACs with overlapping interests, a

single management scheme may be developed.

Where a management scheme is in place the relevant authorities must ensure that

all plans for the area integrate with it. Such plans may include shoreline

management plans, local Biodiversity Action Plans (BAPs) and sustainable

development strategies for estuaries. This must occur to ensure that only a single

Page 57: Scapa Flow proposed Special Protection Area (pSPA) Advice ... · The Scapa Flow proposed Special Protection Area (pSPA) comprises an area of 370.66 kilometres squared (km2) in Orkney

53

management scheme is produced through which all relevant authorities exercise

their duties under the Habitats Regulations.

Plans and projects

The Habitats Regulations require that, where an authority concludes that a

development proposal is unconnected with the nature conservation management of

a Natura site and is likely to have a significant effect on that site, it must undertake

an appropriate assessment of the implications for the qualifying interests for which

the area has been designated.

Review of Consents

Competent authorities are required by the Habitats Regulations (Regulation 50) to

undertake a review of relevant consents and permissions for activities affecting the

site as soon as reasonably practicable after it becomes a European site.