eu marine & estuarine governance & ‘brexit’: gaps ... · env. damage env. damage...
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EU Marine & Estuarine Governance & ‘Brexit’: gaps,
overlaps and interactions
Sue Boyes & Mike Elliott Institute of Estuarine and Coastal Studies (IECS)
Challenges for science & management:
• Recovery/coping with historical legacy • Endangered coastal and marine
ecosystem functions • Legal & adminstrative framework • Economic prosperity and delivery of
societal benefits • Coping with climate change & moving
baselines
There is only one big idea in marine management: how to maintain and
protect ecological structure and functioning while at the same time
allowing the system to produce ecosystem services from which we
derive societal benefits.
Governance • Defined as policies, politics, legislation and
administration; many countries have an unnecessarily complex marine legislation and administrative framework
• No single body responsible for marine environment – many organisations and bodies responsible for implementing EU directives and national legislation.
• Users and uses of the marine environment regulated on an activity/sector basis (e.g. marine spatial planning, tourism, conservation, oil and gas production, offshore windfarms) and are regulated through numerous government departments.
• Government organisations - may or may not communicate effectively with each other in co-ordinating their efforts, which can result in overlapping duties.
Boyes & Elliott (2014)
Site designations (e.g. SSSI)
UWWTD
Bathing Waters
Nitrates
MSP Dir
Urban Waste Water
Treatment Regs
Sensitive area
Bathing beaches
Bathing Water Regs
Nitrate Vulnerable
Zones
Nitrate Pollution Prevention Regs
Good Chemical Status & Good
Ecological Status
Marine spatial planning
Pollution Prevention & Control Regs
Water Environmental (WFD) Regs
Sea Fisheries (Shellfish) Act
Salmon & Freshwater Fisheries
Act
Implementation method / Protection afforded
Enabling / Primary Legislation enacted through
the Ruropan Communities Act 1972
Target / Status to be met
EC Directiv e or Strategy
(1) In 2013 the WFD replaced the Dangerous Sub. Dir.; Freshwater Fish Dir.; Shellfish Waters Dir. & Groundwater Dir.
Marine Strategy
Regs
Energy Act
?
International Law or Commitments
International Bodies &
Conv entions
Byelaws, Orders, gear and catch
restrictions
Sea Fish (Conservation)
Act
Sustainable fisheries & safeguarding the marine env ironment
Renewable Energy
Renewables targets for
2020
Policy & Targets
UN CONV. on BIOLOGICAL DIVERSITY
UNCLOS
MARPOLSafer shipping
nav igation, pollution control and operation
Various EU Regs to control
shipping & pollution from
ships
BERN CONV.
BONNCONV.
Endangered species
protection
Control of Trade in Endangered
Species (COTES) Regs
IPPC
Strategic Environmental Assessments to include transboundary effectsEnvironmental
Assessment Regs
Marine projects are subject to Environmental Impact
Assessment
Town & Country Planning (EIA)
Regs
Marine Works (EIA) Regs
Harbour Works (EIA) Regs
Waste Regs
Environmental Standards
Waste FD
LONDON CONV. &
PROTOCOL
KEY
OSPAR, HELCOM,
UNEP-MAP, BUCHAREST
Reg. Seas Conv
BALLAST WATER CONV.
Prevention, management &
control of harmful aquatic organisms
& alien species
Basic Fish Regs
CFP
ICES
Favourable Conservation
Status
EU Strategy on
Invasive Alien Sp.
ProposedIAS Reg
Contaminants in Food Regs
Safe consumption of fish & shellfish
Contaminants in Food Reg
WFD (1)
Env Liability
Prevention & remedy of
env. damage
Env. Damage (P&R) Regs
FRMD
Flood Risk Assessment
Flood Risk Regs
Flood & Water Management Act
MSFD
Various Regs to control
CITES fauna & flora
CITESHabitats &
Species
Natura 2000 sites
(SAC/SPA)Habitat & Species
Protection
Biodiversity & Species
Action Plans
Conservation of Habitats
and Species Regs
Offshore Marine
Conservation Regs
Licences, Consents &
Authorisations
Marine planning (3)
Conservation / Biodiversity
protection (MCZ)
Coastal Recreation
Licences
UN FRAMEWORK CONV. ON CLIMATE CHANGE (UNFCCC)
KYOTO PROTOCOL
Harbours ActRevision and
Empowerment Orders. Conservation
duties on ports
Local Harbour Acts
Harbour & Works Licences
Merchant Shipping Regs
ESPOO CONV.
SEA
Applications for Nationally Significant Infrastructure Projects (NSIPs) /
National Policy Statements / Marine Licences
Planning Act (as amended)
Infrastructure Planning (EIA)
Regs
IMO
Protection of marine archaeology
National Heritage Act
Protection of Wrecks Act
Merchant Shipping Regs
Electricity Act
Climate Change Act
Conserv ing wider biodiversity
Ancient Monuments & Archaeological Areas Act
EIA
Wild Birds
EU Biodiversity
Strategy
Wildlife & Countryside Act
(as amended)
NERC Act
EU Integrated Maritime Policy
Good Environmental
Status
RAMSAR CONV.
UNESCO Protection of Underwater
Cultural Heritage (2)
INT. CONV. ON SALVAGE
Protection of Military
Remains Act
Marine archaeology
Council of Europe
Conventions on archaeology &
landscape
(2) The UK is not a signatory to this Convention however a number of public statements have been produced that confirm its endorsement of the rules in its Annex
All regulated activities in the English marine environment consider UK marine policy drivers such as the UK High Level Marine Objectives 2009, the UK Marine Policy Statement (3) and various National Policy Statements
? (4)
Marine & Coastal
Access Act
Flood and Coastal Erosion Risk Management
Fisheres Act
UK Primary Act of Parliament
(4) The newly adopted MSP Directive will have to be transposed into UK legisiation by September 2016
WTD
Nitrates
UN CONV. on BIOLOGICAL DIVERSITY
UNCLOS
MARPOL
BERN CONV.
BONNCONV.
LONDON CONV. &
PROTOCOL
OSPAR, HELCOM,
UNEP-MAP, BUCHAREST
Reg. Seas Conv
BALLAST WATER CONV.
ICES
EU Strategy on
Invasive Alien Sp.
WF
FRM
CITES
UN FRAMEWORK CONV. ON CLIMATE CHANGE (UNFCCC)
KYOTO PROTOCOL
ESPOO CONV.
IMO
Wild Birds
Bio
S
Inte M P
RAMSAR CONV.
UNESCO Protection of Underwater
Cultural Heritage (3)
INT. CONV. ON SALVAGE
International law & conventions (orange) and bodies (blue)
MSP Dir EU
Biodiversity Strategy
Site designations (e.g. SSSI)
Marine spatial planning
Marine Strategy
Regs
Endangered species
protection
Favourable Conservation
Status
Env Liability
MSFD
Habitats & Species
Natura 2000 sites (SAC/SPA)
Habitat & Species
Protection
Biodiversity & Species
Action Plans
Conservation of Habitats
and Species Regs
Offshore Marine
Conservation Regs
Licences, Consents &
Authorisations Marine
planning (3) Conservation / Biodiversity
protection (MCZ)
Coastal Recreation
Licences
Conserving wider biodiversity
Wild Birds
Wildlife &
Countryside Act
NERC Act
EU Integrated Maritime
Policy
Good Environmental
Status
Marine & Coastal
Access Act
Nature Protection and Maritime Spatial Planning – Obligations for Industry
Bathing Waters
UWWTD
Nitrates
Urban Waste Water
Treatment Regs
Sensitive
area
Bathing beaches
Bathing Water Regs
Nitrate Vulnerable
Zones
Nitrate Pollution Prevention Regs
Pollution Prevention & Control Regs
Energy Act
Renewable Energy
Renewables targets for
2020
Policy & Targets
IPPC
Waste Regs
Environmental Standards
Waste FD
Electricity Act
Climate Change Act
Pollution control, energy including renewables
Good Chemical Status & Good
Ecological Status
Water Environmental (WFD) Regs
Sea Fisheries (Shellfish) Act
Salmon &
Freshwater Fisheries Act
Byelaws, Orders, gear and catch
restrictions
Sea Fish (Conservation)
Act
Sustainable fisheries & safeguarding the
marine environment
Basic Fish Regs
CFP
Contaminants in Food Regs
Safe consumption of fish & shellfish
Contaminants in Food Reg
WFD (1)
Env Liability
Prevention & remedy of env.
damage
Env. Damage (P&R) Regs
FRMD
Flood Risk Assessment
Flood Risk Regs
Flood & Water
Management Act
Flood and Coastal Erosion Risk Management
Fisheres Act
Fisheries, flood protection, water quality
Abbreviations: BWD= Bathing Water Directive; BWM= Ballast Water Management Convention; CAP= Common Agricultural Policy; CFP= Common Fisheries Policy; EIA= Environmental Impact Assessment Directive; FRMD= Flood Risk Management Directive; FRMD (FRMP)= Flood Risk Management Directive (Flood Risk Management Plan); HD= Habitats Directive; MPS= Maritime Spatial Planning Directive; MSFD= Marine Strategy Framework Directive; Natura 2000= Habitats and Wild Birds directives; Nitrates Dir= Nitrates Directive; SAC= Special Area of Conservation; SEA Dir= Strategic Environmental Assessment Directive; SPA= Special Protection Area; UWWTD= Urban Wastewater Treatment Directive; WBD= Birds Directive; WFD= Water Framework Directive (with extension out to 12nm for chemical status); WFD (RBMP)= Water Framework Directive (River Basin Management Plan)
Geographical scope and competencies of EU marine legislation
Natural Environment Research Council (NERC)
(ACRE reports through Defra)
KEY
Ministerial Depts
Inte
rnat
iona
l O
blig
atio
nsE
urop
ean
Uni
on
Planning Inspectorate
- Health & safety w ith respect to working at sea- Ships surveys & inspections- Emergency response including search & rescue, counter pollution & response, receiver of w reck, maritime incident response group (MIRG) & resilience.
NI E
xecu
tive
Department of Energy & Climate Change (DECC)
Department for Transport (DfT)
Cabinet Office
Home Office
Maritime and Coastguard Agency
Trinity House Lighthouse Service
Inte
rnat
iona
l M
aritim
e O
rgan
isat
ion
(IMO
)
Department for Communities and Local Government (DCLG)
Department for Environment Food and Rural Affairs (DEFRA)
Wel
sh
Gov
ernm
ent
Sco
ttish
G
over
nmen
t
UK S
hipp
ing
Crown Estate
- Ow ns 55% of the foreshore (between mean high and mean low water) and approximately half of the beds of estuarial areas and tidal rivers in the United Kingdom. - Ow ns the seabed out to the 12 mile territorial limit, including the rights to explore and exploit the natural resources of the UK continental shelf, excluding oil, gas and coal.- Leases of easement for pipelines and cables, offshore renewable energy developments.- Royalties from the extraction of minerals, principally marine aggregates.
Parliament
House of Commons
House of Lords
National Maritime Museum
Harbour Authorities
Local Authorities
Executive AgenciesNational Infrastructure DirectorateExecutive Non-
Departmental Public Bodies
- Independent body examining applications for nationally signif icant infrastructure projects (NSIPs) e.g. large w ind farms >100MW, pow er stations etc. Issue development consents under the Planning Act 2008 (Localism Act 2011)
- National Planning Policy Framew ork- Planning Policy Guidance (PPGs)- Marine Minerals Guidance Notes (MMGs)- Strategic Environmental Assessments (SEAs)
Local Government Bodies
Ministry of Defence (MOD)
UK Hydrographic Office
- Waterborne security of HM dockyards and HM naval bases- Jurisdiction w ithin territorial w aters- Enforce legislation e.g. Port Orders and Merchant Shipping Act
Defence Science & Technology Lab
Oil and Pipelines Agency
MOD Police Marine Unit
- Provide hydrographic services for UK w aters as required under (SOLAS)
Trading Fund Agency
- Maritime technology e.g. ships & submarines
- Operation of the Government Pipeline and Storage System (GPSS)
Committee on Climate Change - Advises government on emissions targets and reports greenhouse gases
- Oil & gas licensing under Petroleum Act 1998- Renew able energy – w ave, tidal and w ind & Safety Zones for >100MW w indfarms- Energy Act 2008 & 2010; and Climate Change Act 2008- National Policy Statements (NPS) on energy Secretary of States
Representative for Maritime Salvage & Intervention(SOREP)
- Represent the DECC (in relation to offshore installations) & the DfT(in relation to ships) by removing or reducing the risk to safety, property and the UK environment arising from accidents involving ships, f ixed or f loating platforms or sub-sea infrastructure.
HM Coastguard
- Shipping, marine safety & security, inland w aterways, navigation, ships registers, transport national planning guidance (NPG)
Advisory Committees
Marine Energy Programme Board
Please refer to Defra diagram
UK
GO
VE
RN
ME
NT
- Partnership of the main Government Departments, the Devolved Administrations of Scotland, Northern Ireland & Wales, the Environment Agencies & research bodies involved in funding and carrying out marine science in the UK. Co-ordination of marine research & delivering the UK Marine Monitoring & Assessment Strategy (UKMMSS).
Marine Science Co-ordination Committee (MSCC)
Advisory Committee on Releases to the Environment (ACRE) - Advice to UK Governments on the release &
marketing of genetically modif ied organisms.
Department for Business Innovation & Skills (BIS)
UK Met Off ice
Food Standards Agency - Food safety and hygiene (e.g. chemical levels in shellf ish and f ish)
Department for Culture, Media and Sport (DCMS)
English Heritage
- Protected w recks, protection of marine historic environment, map historic seascapes, fund coastal & marine heritage research. (Although the UK has not ratif ied the UNESCO Convention on the Protection of the Underw ater Heritage, English Heritage follow the Rules annexed to the Convention as representing best practice in marine underw ater archaeology projects).
Post ‘Brexit’: Department for Business, innovation and Skills (BIS) Department of Energy and Climate Change (DECC) have now become: Department for Business, Energy and Industrial Strategy
(all have statutory seats on the IFCAs)
Department for Environment Food and Rural Affairs (Defra)
Make policy and legislation, and w orking with others to deliver policies in areas such as:- the natural environment, biodiversity, plants and animals- sustainable development and the green economy- food, farming and f isheries- animal health and w elfare- environmental protection and pollution control- rural communities and issues.
Marine Management Organisation (MMO)
Food & Environment Research Agency (FERA)
Inshore Fisheries Conservation Authorities (IFCAs)
Animal Health & Veterinary Laboratories Agency (AHVLA)
- Plant health.
- Managing disease, Endangered species (CITES), Wildlife Inspectorate.
- Marine planning (planning and licensing functions for English w aters; develop marine plans covering the English marine area); Fisheries (days at sea for cod & sole recovery zones, dispensations, monitoring & enforcement, quotas, statistics & vessels licenses); Protecting the environment (marine pollution, nature conservation (MCZs) & w ildlife licences); Marine regulation & licensing (consenting process, harbour orders (HO), Sec 36 of Electricity Act (>1MW to 100MW) (also w ith responsibilities for Sec 36 and certain HOs in Welsh inshore w aters)); Safety Zone function for non-NSIPs; Trans-European-Netw orks-Energy (TEN-E); Co-chair the Offshore Renewable Energy Licensing Group (ORELG) w ith Marine Scotland to help resolve issues with the licensing & permitting of offshore renewables.
- Biodiversity (reducing its decline & licensing protected species across England); Landscape (designating national parks and AONB); Management (NNRs and notifying SSSIs); Responsibility (MCZs, EMSs, SSSIs, Ramsar sites and the netw ork of MPAs); Advising government & industry on marine conservation and seascape issues in England’s territorial w aters (from the coast out to 12 nautical miles offshore); Advice on Marine sea fisheries, marine renew able energy, regulation & licensing and spatial planning.
Environment Agency
- Climate change; Waste and recycling; Flood risk (rivers and sea); Bathing w ater quality; Coastal erosion risk; Water, air and land emissions (EnvironmentalPermitting Regs); Water quality (inc coasts and estuaries); Fishing licences; Wildlife & conservation; Regulation, advice & guidance for business & industry; Implementation of EU Directives WFD, MSFD & FRMD.
Joint Nature Conservation Committee (JNCC)
- Informs policy development at national level; Provides support for implementation of European & international law s e.g. Marine Strategy Framew ork Dir; Identifying, monitoring & advising on UK’s offshore marine nature conservation; Establishing Marine Protected Areas; Advice to offshore industries; Support nature conservation in the UK’s 14 Overseas Territories and three Crow n Dependencies; Survey & monitoring.
Sea Fish Industry Authority- Information (support for industry's business decisions); Safety at sea; Protecting the environment at sea & on land; Regulation (understanding, interpreting & responding to legislation for industry); Supporting quality & eff iciency standards); Consumer support.
- Managing f isheries & enforcing f isheries legislation (voluntary agreements, codes of conducts, byelaws and other regulations out to 6nm); Research (stock assessments, f isheries impact research, environmental monitoring and habitat mapping); Liaising w ith f ishermen & anglers; Consulting on marine development w ork and attending meetings on marine spatial planning and marine conservation zones.
Science Advisory Council
- Provide Defra w ith expert & independent advice on science policy & strategy.
DCLG DECC DfT
planning&
licensing
planning &
licensing
emergency response
- Climate change impacts & adaptation; marine planning & environmental licensing; sustainable f isheries management; f ish and shellf ish health & hygiene; data collection.
Centre for Environment, Fisheries and Aquaculture Science (CEFAS)
Natural England
To be successful, management measures or responses to changes resulting from human activities should be: • Ecologically sustainable • Technologically feasible • Economically viable • Socially desirable/tolerable • Legally permissible • Administratively achievable • Politically expedient • Ethically defensible (morally
correct) • Culturally inclusive • Effectively communicable
The 10-tenets: The UK and Marine Scotland vision: “clean, healthy, safe, productive, biologically diverse marine and coastal environments, managed to meet the long-term needs of people and nature”.
Summary – Brexited! • UK devolved administrations with Acts and regulations but
uncertainty on the way ahead. • Possible Risks:
• Loss of research budgets and loss of networking; • Loss of skilled workers and students (and hence income); • Reduce or water-down implementation of Directives; • Norwegian model of selective implementations within
EFTA/EEA area (not all sea area); • Over-emphasis on economics at the expense of the
environment (‘taking our country back’ to the ‘dirty man of Europe’ days!);
• Loss of influence in setting the environmental, marine and research agenda;
• Urgency re. transboundary marine uses, users and impacts;
Summary – Brexited! • The way ahead – risks and opportunities:
• Change all Regulations into Acts – huge backlog of parliamentary time;
• UK still to follow all environmental health and safety regulations to be part of single market;
• Uncertain repercussions for fishery protection coverage and bilateral agreements for reciprocal fishing rights?
• ‘Great Repeal Act’ – Repeal of the European Communities Act 1972 (ECA) – has to be passed by Parliament?
• Options - keep everything vs. decades of revision (with costs)?
• Repeal of the ECA will not take the UK out of the EU but will mean EU treaties are no longer part of UK law and the European Court has no jurisdiction in the UK;
• EU MS may argue that Britain has no right to repeal a bilateral treaty?