Update from Marine Scotland November 2018 update about the recent review of the National Marine Plan previous conferences MS has given presentations about our National Marine Plan and how this provides the framework for Regional Marine Planning

Marine planning in Scotland provided for by UK Marine & Coastal Access Act 2009 and Marine (Scotland) Act 2010 Executive agreement gives Scottish Ministers the power to plan from MHWS to 200nm offshore under a single plan 2015 : Scottish National Marine Plan: statutory plan – 200 NM – reserved & devolved aspects Presumption for sustainable development and use - policies ‘define’ sustainability General policies & sector policies address sustainability issues Reflects spatial output of other work SLIDE 2 Our NMP Covers out to 200 nautical miles Both devolved and reserved activity = shipping, MOD, oil and gas. Covers all marine activity – including emerging activity Its contents Reflect the spatial output of substantial work streams such as marine renewables sectoral plans and Marine Protected Area designation and management. It has a presumption in favour of sustainable development and use – ‘sustainability’ is defined by the plan policies The plan recognises that many marine activities rely upon a healthy marine environment so includes environmental policies and recognises value of ecosystem services   The Structure gives General policies which apply to all decisions and these are supplemented by sectoral polices which are specific to an industry, manage their specific environmental impacts or how they interact with one another Binding on all public authority decisions which affect the marine environment (including us in Marine Scotland) ?

National Marine Plan Review 2018 2018 - three years since the Plan was adopted & published: therefore, review required Scottish & UK legislation requires review and reporting for inshore and offshore areas In 2017, MS undertook a formal exercise to inform a review report for March 2018 (published) What was reviewed? The effects of the policies in the Plan The effectiveness of the policies in securing the objectives The progress made towards securing objectives SLIDE 3 It has been 3 years this year since the NMP was published, and both Scottish and UK legislation states that following 3 years we must conduct a review. To inform this review we ran a formal exercise in 2017, both internally and with external stakeholders. So what did we review? There is a legal obligation to review the effects of the policies on the plan the effectiveness of the policies in securing the objectives and the progress being made to secure objectives this is very difficult to assess – as the plan exists to facilitate decision making not to control activity, which can be driven by market forces So: We needed to measure the influence of the plan in achieving objectives and separating out the role of the plan as opposed to market forces or other influences.

So Marine Scotland also considered: BUT: Ministers had to decide whether or not to amend or replace the plan following the review… So Marine Scotland also considered: implementation and barriers to implementation, the Plan’s relevance to emerging activities linkages with terrestrial plans how changes to the policy and legal landscape will influence future planning e.g. exit from the EU Slide 5 We did this by also considering Implementation and barriers to implementation Its relevance to emerging activities Linkages with terrestrial plans How changes to the policy and legal landscape will influence future planning – which is of particular relevance with impending brexit of course. We had one eye on the requirements of the legislation in terms of the review and another on flushing out problems we were going to face with the next one…… ….And it seemed sensible to determine if the plan was being used before we measured how effective it was

Review findings Plan is used across a range of statutory functions: Implementation Plan is used across a range of statutory functions: as a basis for discussion between stakeholders re: developments & access to support consultation responses to direct funding basis of advice to other parts of the organisation consents process Policies which influenced decisions or were ‘useful’ included some fisheries policies, ‘new’ policies (T&R), general policies considering marine litter & invasive species. Too early for a review? Too soon to attribute change? SLIDE 6   So what did we find during this process? That the Plan was being used across a wide range of statutory and non-statutory issues As a reference point when responding to consultations Basis of discussion with other bodies regarding sharing of infrastructure and ensuring access To encourage pre application processes As the basis of advice on marine and coastal issues to other areas of our organisation To encourage consideration of impacts on other users To demonstrate service delivery is in line with the plan To promote development of (voluntary) measures to help deliver the Plan Given that in the time since this plan was adopted, MS has handled over 1400 licence applications, you can imagine that this Plan has been used a lot And one of our main findings is that there are still many areas, particularly in Local Authorities where the NMP is not being used yet. 3 years is not that long, and perhaps it is just too early for a review or to be able to attribute change to the Plan.

Looking ahead Scottish Ministers have announced there will be no amendment or replacement at this time. Brexit – Marine Acts will continue to provide the legal basis for planning post-Brexit but issues exist with areas such as CFP, other Directives (MSFD) & with UK Marine Policy Statement Challenges how to align plan policies with emerging policies and strategies e.g fishing, energy Emerging activities – litter, seaweed, decommissioning SLIDE 7   Moving Forwards Ministers were under an obligation to review this Plan, and following this they have announced that there will be no amendment or replacement at this time. This means that we will continue to use the original Plan, based on the original Atlas, which will allow it more time to be imbedded across Planning departments in Scotland. We are of course aware that there have been changes in the planning environment since its publication 3 years ago, which raise challenges. Brexit is of course a challenge on many levels. But our marine Acts will continue to provide the legal basis for marine planning post brexit. There are other areas which are more complicated such as with the common fisheries policy, other directives and the marine planning strategy. We will also have to align Plan policies with emerging policies and strategies as we deal with up and coming activities such as decommissioning, seaweed and litter. In the future, creating a new plan will require a new solid baseline – both in terms of a legal framework following Brexit, but also refreshed data to inform a new Atlas – using OSPAR and MSFD assessments.

Next steps Develop a work programme with input and ownership from MS, other public bodies & stakeholders: Implementation – work with MS branches and LAs to improve understanding and identify mechanisms and processes where NMP can be applied. Effectiveness – assessment of plan policies & their reliance on voluntary or other regulatory mechanisms New legal frameworks – consider implications of EU withdrawal, Crown Estate Bill, Islands Bill etc. Emerging Activity – scenario test effectiveness of Plan using emerging activity such as seaweed. SLIDE 8   So the next step for our department is to develop a work programme with input and ownership from MS, other public bodies and stakeholders It will address the issues raised in the review Firstly we will look at Plan Implementation And work to address the barriers that were identified during the review, and offer support and more information where it is needed. We will look at plan effectiveness Assessing the policies and their reliance on voluntary or other regulatory mechanisms And look at new legal frameworks Not just those that emerge following brexit But also our own new legislation such as the Crown Estate and Islands Bill And of course we will also look at how we can align new policies on emerging activities with the current NMP…..

International Conference Improving our marine environment with a focus on marine plastics 20-21 February 2019 Make Sir David happy!