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Chamber and committees

Rural Affairs, Climate Change and Environment Committee

Meeting date: Wednesday, May 1, 2013


Contents


Marine Issues

The Convener

Agenda item 3 is a round-table evidence-taking session on marine issues. In considering its work programme, the committee agreed to take evidence on marine issues. Last week, we heard from Marine Scotland. This week, we have a round table with stakeholders. We will hold our final evidence-taking session with the Cabinet Secretary for Rural Affairs and the Environment next week before writing to the Scottish Government with any views ahead of the Government’s planned consultations in the summer.

I remind the witnesses that the microphones are controlled by the broadcasting team, so they do not have to switch them on and off.

I welcome all the witnesses. It is not easy to go around and shake hands with everybody, but we are delighted to have them all present. I ask the witnesses and everybody who is taking part in the discussion to introduce themselves. As the convener, I will start.

I am Rob Gibson. As the member for Caithness, Sutherland and Easter Ross, I have a lot of sea around my constituency, like many other MSPs.

Calum Duncan (Marine Conservation Society)

I am the Scotland programme manager for the Marine Conservation Society. I also convene the Scottish Environment LINK marine task force, which has eight members who represent, in turn, 470,000 members.

Lloyd Austin (Royal Society for the Protection of Birds Scotland)

I am head of conservation policy for RSPB Scotland and am Scottish Environment LINK’s nominee on the Scottish Government’s marine strategy forum.

I am a regional list MSP for Mid Scotland and Fife.

Lindsay Leask (Scottish Renewables)

I am senior policy manager at Scottish Renewables for offshore renewables.

Andrew Binnie (Community of Arran Seabed Trust)

I am marine project officer at the Community of Arran Seabed Trust.

I am an MSP for South Scotland and the shadow minister for environment and climate change.

Annie Breaden (Crown Estate)

I am policy and consents manager with the Crown Estate in Edinburgh.

Steve Bastiman (Scottish Sea Angling Conservation Network)

I am with the Scottish Sea Angling Conservation Network.

I am an MSP for Central Scotland.

Cathy Tilbrook (Scottish Natural Heritage)

I am the acting head of the coastal and marine ecosystems unit in Scottish Natural Heritage.

I am the MSP for Angus North and Mearns.

Alistair Sinclair (Scottish Creel Fishermen’s Federation)

I am the chairman of the Scottish Creel Fishermen’s Federation.

James Bromham (Convention of Scottish Local Authorities)

I am aquaculture development officer for Highland Council and am based in Inverness. I am here to represent the Convention of Scottish Local Authorities.

I am the MSP who represents the Galloway and West Dumfries constituency, which also has an extensive coastline.

I have to leave just before 12 o’clock. It is unavoidable and will not be because of anything that anybody has said.

We do not know that yet.

Mick Borwell (Oil & Gas UK)

I am the environmental issues director with Oil & Gas UK. We are the representative body for the upstream oil and gas industry on the UK continental shelf and represent 350 companies.

I am an MSP for South Scotland, which has a more extensive seacoast than just the Galloway and West Dumfries part of the region.

Bertie Armstrong (Scottish Fishermen’s Federation)

I am chief executive of the Scottish Fishermen’s Federation and I think about the sea all the time.

I am MSP for Falkirk East and I have a short coastline on the Forth estuary.

Patrick Jordan (British Ports Association)

I am the environmental adviser at Aberdeen harbour. I am here to represent the British Ports Association.

I am the MSP for Angus South and the deputy convener of the committee.

The Convener

If you want to speak, please raise your hand. I will choose people in turn.

A point that has been very well made by renewable energy developers such as the European Marine Energy Centre in Orkney is that, as far as renewables development is concerned, we are at the Orville Wright stage rather than the Airbus stage and that the parallel circumstance is our understanding of the seas and the sea bed. Discuss. Does anyone want to comment on our ability to formulate a marine policy?

11:15

Calum Duncan

I think that we know a bit more about the sea bed than that—we are not at the Orville Wright stage.

There is a huge and very good body of scientific evidence on the marine protected area process, and I very much welcome the collective agreement that science should underpin the MPA selection process. Although we think that there are gaps in what has been delivered through the process, we would support the process going forward for consultation.

Lindsay Leask

There are definitely some areas of the seas that we could understand better. I find the comparison with marine renewables very interesting; the work on deploying marine and offshore wind is driving more environmental research than we have had for a very long time and we are using the huge body of information that we are collating to deliver the most environmentally sensitive planning regime possible for offshore renewables. The very inclusive process that we are going through is a very good example of how planning should be done in the offshore environment and is also helping us with the MPA process. In short, our work on delivering renewable energy is helping us to understand our environment a lot better—in fact, better than ever.

Mick Borwell

Following that comment, I note the interesting point that many of the sea bed features that have been designated as special areas of conservation have been found by oil and gas surveys. I certainly think it important that we contribute to the science. A recent challenge for us is that industry-provided information and science are seen as somehow tainted and not valuable, and I make a plea for more central research and monitoring funds to be made available.

We might well return to that specific point.

Annie Breaden

A huge amount of information is being gathered in offshore renewable developers’ environmental impact assessments. I hope that it is not considered to be tainted, because it is making a massive contribution to knowledge of what is going on in our seas, especially with regard to birds, marine mammals and fish. I also hope that all that information will be fed into the continuing process and that it will help to improve people’s understanding of the marine environment.

Lloyd Austin

I think that there are gaps in our knowledge. I agree with Lindsay Leask and Mick Borwell and suggest that, over the years, the fishing industry has also contributed to the knowledge that is available. On that basis, I agree with Calum Duncan that we have a lot of knowledge, even though, as others have said, there are gaps.

Of course, such gaps are no excuse for inaction. Where they exist, it is our responsibility to look at the best available evidence and analysis of that information and take action to fill them. I agree that there is a need for more central funds and direction in the collation and analysis of the information that is available and for action to be taken to fill those gaps.

Environmental marine planning, like any other planning, is only environmentally sensitive if concerns that are raised about environmental impacts are taken into account in the decision-making process and we take a strategic, precautionary approach to try to avoid any damage to the environment.

Cathy Tilbrook

We are building up much better data through all the processes that have been going on. It is also worth pointing out that we have a much better approach now to the co-ordinated collection of data and to surveying and monitoring, through a lot of different bodies working together. We are also better at making that data available through platforms such as the national marine plan interactive database, which is constantly being built up, along with the work that was done to produce “Scotland’s Marine Atlas: Information for The National Marine Plan”. We are getting better at sharing our approach to collecting the data and at making that data available to the public, developers and everyone who needs access to it. We are taking big steps forward in that regard.

Andrew Binnie

The no-take zone in Arran and the proposed marine protected area have stimulated a lot of scientific debate, not just around Arran but across all the Clyde—and nationally, to a certain extent. Quite a lot of that has been pushed, or facilitated, by COAST.

We currently have one guy about to finish a PhD on the no-take zone, and three other PhD students from the University of Glasgow are about to start. They will not work directly with COAST, but they will look at the marine protected area. Quite a lot of good work is being done but to a certain extent it is ad hoc and unplanned. There is a real need to have good baseline data not just for our MPA but for all the MPAs so that we can monitor and evaluate them and can properly see whether we are achieving the MPA management goals.

Bertie Armstrong

I have a general observation with regard to the Orville and Dean analogy. I am sure that we agree that—

The Orville Wright analogy.

Bertie Armstrong

I cannot believe that I just said that. Can I give the official report 50 quid to have it struck from the record? [Laughter.]

And that remark, too.

Bertie Armstrong

With regard to the early aviators analogy, the reference may have been to the state of development of the technical kit for renewables rather than to the rest of marine planning. We live in the real world and things happen in the sequence that they happen in. However, marine spatial planning in Europe and on a national level is astern of where we would like it to be, given the number of developments that are happening very rapidly, specifically renewables and the MPA regime—but there we are.

I will make two observations downstream from that. We need to be careful about presumptions in favour of new developments; we need to take care. That is not an accusation; it is just something that we should bear in mind—we need to take care to take proper account of established and legitimate activity that is already in the sea and the cumulative effects of all the rest. Also—Lloyd Austin will expect me to say this—the precautionary principle is the best that we have, but scientific evidence is much better.

A number of things flow from that. I am sure that you will all find a point to come in.

Jim Hume

Many of our guests have mentioned science and how they have been in a good place to judge the data and so on from our seas. In some areas, the original documents regarding the proposed MPAs are quite different from the current proposals. For example, the Firth of Forth proposal was one large proposal, but it has been broken up into three smaller parts. The Firth of Forth is an important area for sand eels, which are important for the fishing industry and for nature. Also, the south of Skye proposal has been taken out altogether. I questioned Marine Scotland about that and it said that that was a result of developing knowledge. What are your opinions on that?

We will start with Cathy Tilbrook.

Cathy Tilbrook

In developing the MPA proposals, the process started with areas of search and looking for the features that were of interest. We have collaborated with stakeholders right through the process. We were very open about the areas that we thought we wanted to investigate, which were large areas. Within those areas, we started to refine the boundaries of what might constitute an MPA proposal per se. We began with large-scale areas where we looked for the features of interest. Through a process of refinement, we came up with much more focused areas that were the subject of the advice that went to Parliament on where the MPAs should be. That is all that I want to say by way of explanation.

Bertie Armstrong

I would like to respond to that. The committee might be interested to learn that the general reception that has been given to the Scottish MPA process has been highly favourable and contrasts sharply with how some of the processes that are happening elsewhere, particularly south of the border, have been received. I say that as someone who sits on the north-western waters regional advisory council for fisheries management, in which the French and the Irish participate. I am sure that Sebastian Howell, who I think is sitting in the public gallery, will be happy to hear that the eminently sensible process of looking for the least-used, least-damaged areas in the first place and then talking to stakeholders has been an inclusive one.

We are not there yet. We still have to discuss the management measures for all the areas in question, but at least common sense has prevailed thus far in the process. We make a commitment that the fishing industry will continue its engagement.

Lloyd Austin

Cathy Tilbrook described the process very well. It is good to hear Bertie Armstrong agreeing that it is a good process. The key issue is to underline that the process must be based primarily on science. That was part of the Marine (Scotland) Act 2010, and it was agreed by all parties and all stakeholders as that act was passed and moved into implementation.

For that reason, it is extremely important that all the sites that have come forward so far, including the areas of search that Jim Hume referred to, should go forward to consultation at this stage. We should also look for a commitment that the network will be completed at a later date, because I think Scotland would be put in a very odd position if the idea were accepted that the MPA network could be complete without including as features for which sites are selected seabirds, cetaceans and basking sharks.

We will try to stick to the same general area before we move on to specifics.

Lindsay Leask

I want to follow up on some of the things that Bertie Armstrong said. I reiterate that Scottish Renewables gives a commitment to continue to work as productively as we can and to be as constructive as we hope that we have been so far in the MPA process.

Of most interest to us at the moment is understanding the management measures and the implications of MPAs for our developments. We have requested more detail on exactly how Marine Scotland would like us to take proposed MPAs into account in environmental impact assessments, for example, and we would like further guidance on the interpretation of some of the provisions of the 2010 act to do with designation and the definition of “significant impact”. From our perspective, those are all quite important legal aspects of how we need to treat a potential MPA, and we are keen to get further guidance on how, as an industry, we are meant to go about that.

Mick Borwell

The key point for the oil and gas industry is uncertainty. I echo Lloyd Austin’s comment that we need all the areas, including the areas of search, to be included in the consultation so that we can have a proper discussion about them. That is important for the oil and gas industry.

There are two such areas in the west of Shetland; there is also an enormous area north of Shetland. We expect significant oil and gas productivity from those areas in future. However, we must not get into the position that we now have in England, to which Bertie Armstrong referred, of huge uncertainty around the designation of future sites. We just do not know where that is going. We need the information out on the table for full consultation.

11:30

Alex Fergusson

I want to follow up on the process that we have been talking about. At last week’s meeting, we had a very useful discussion with three Marine Scotland officials, a certain amount of which was spent on what was called “conflict avoidance” in drawing up the proposals. If I were being cynical—which would be very unlike me—I would think that it would be difficult not to come to the conclusion that in some instances potential MPA sites have been put to one side for potential offshore wind farm development. In order to try to put that issue to bed, can the parties around the table say whether they feel that the right balance has been reached in drawing up the proposals?

Lindsay Leask

We have been involved in the process since the outset. I think that it was Bertie Armstrong who referred to the least-damaged, more natural sites. The aim was first to find areas that were in a more pristine condition and to try to protect them, and then to look outwith those sites. We have been involved in that and have tried to offer as much scientific evidence as we can to shape the process. We are working through strategic environmental assessment processes and socioeconomic impact assessment processes for MPAs, so we are feeding in as much information as we can.

It is true that there are a couple of potential MPAs over offshore wind developments. Had we tried to get them moved, we would not be in that position. I do not accept the assertion that offshore wind and MPAs being together does not work or that we have in some way blocked the process. The position is that we still have MPAs over potential offshore wind developments, so I do not think that that has played out as might be suggested. We have tried to engage as constructively as we can and to provide as much science-based evidence as we can to help develop and produce the best and most ecologically coherent MPA network that we can.

I think that we will just stick to the renewables stuff just now, before moving on to other, minor areas.

Graeme Dey

I have a relatively small coastline in my constituency, which is terribly important for seabirds. However, the seas off Carnoustie and Arbroath will—I hope—contribute hugely to renewable energy generation. I was particularly struck by the evidence from Phil Gilmour of Marine Scotland at last week’s meeting. He suggested that only six areas are currently designated for offshore wind development, with another six being looked at. He told us that, even then, only 10 to 25 per cent of the area would actually be utilised. If that is the case, is not the footprint of offshore renewables going to be relatively small in the grand scheme of things?

Lindsay Leask

Yes. The new plans that Phil Gilmour spoke about last week have produced, for very large areas of search, a number of deployment scenarios, ranging from low to high. The footprint of the development that would take place in those very broad areas of search to meet the deployment scenarios varies significantly. Marine Scotland projects that the maximum deployment scenario for the areas of search for offshore wind would involve only a quarter of the site; for wave and tidal, about 1 per cent of the site would be taken up.

We are working very much with an environmental agenda at the centre. We have used constraint mapping to map the best areas for development using environmental sensitivities, while looking at where other industries are active in the seas. We—and Marine Scotland, with its geographic information system mapping—have come up with areas that we feel represent the best opportunities for development from an environmental perspective but which are sensitive to the impact on other industries. Within the large areas of search, we are given a bit of scope to locate smaller areas, and we can then focus our search on even smaller areas to find the very best development sites.

Lloyd Austin

The simple answer to Graeme Dey’s question is, unfortunately, yes and no. A lot of what Lindsay Leask described is absolutely right, and we strongly support the Government’s climate change targets, with renewables as part of the response to those targets.

However, footprint can be measured in terms of not only geographic area, but impact. If a small development is poorly located it can have a big impact, and therefore a much bigger footprint. We have evidence from early wind deployment on land that poorly sited developments—most of the examples are, fortunately, overseas—had a big impact. The UK, and Scotland in particular, learned from that, and we now have a much more sophisticated planning system for onshore wind and other onshore developments. The national planning framework 3 document that was published yesterday has taken that a step forward, and we are very supportive of it.

This is a historic period in which to develop and put in place offshore renewables, and it is the wrong time to risk making a historic mistake and damaging everyone’s reputation: that of the Government, industry, environmentalists and so forth. We must do everything that Lindsay Leask mentioned, but we should take a strategic approach, put forward all the best monitoring and analysis that we possibly can and learn from the early steps to feed into later planning. We need to select sites where we get the best power generation with the least environmental impact. That might mean that we do not grant all the licences immediately, but deploy the developments with the least impact, carry out some good monitoring and learn from that to encourage even better developments in the future.

Patrick Jordan

Lloyd Austin put the point very neatly that the impact of a development can vastly exceed its geographical footprint, and that applies not just to environmental impact. One thing that is sometimes forgotten in the discussion of marine protected areas is how those areas fit into the wider marine planning framework, which is a tool for managing conflicting demands on the marine resource. Demands can conflict with environmental necessity, but also with some of the established industries—such as oil and gas, ports and shipping—that already operate in the Scottish marine area.

Marine protected areas are part of a planning framework, but they are sometimes considered outside that framework. It is important that we are mindful of the fact that they belong in the management regime, too.

Annie Breaden

Picking up on the reference to the areas that Phil Gilmour talked about at last week’s meeting, I make it clear that the timescale for those developments is pretty far into the future. The strategic environmental assessment report to which a number of us round the table are contributing is considering a likely build-out scenario for 2023. Therefore, although the plans are being developed at the moment, there is still a great deal of time for further assessment work to refine the option areas so that the most suitable areas for development are identified. Just because the plans are being prepared now, that does not mean that there will suddenly be a whole new tranche of wind farm developments in the next five years.

Andrew Binnie

We totally believe in the whole thrust of the national marine plan—obviously, the marine protected areas fit within that—but we would like to think that marine planning is a bit more than just conflict management. Marine planning is a way of realising our vision for Scotland’s seas.

Steve Bastiman

One area of the impact of offshore energy in which I feel our knowledge is deficient is the effect of electromagnetic forces on sharks and elasmobranch species. The impact of EMF is not understood, but it could have a major impact on species on the west coast of Scotland.

Does anyone have a concern or information about sharks and so on?

Lindsay Leask

I do not have further information on that—Steve Bastiman has put that point forcefully and well in the SEA work that we have done to date—but I want to pick up on the point that Annie Breaden made. I should stress that we have in place what we call an iterative plan review process. The idea is that, when we set up the plans, we assess where we can increase our knowledge and where the knowledge gaps lie. We then go away and do the work, coming back in two years’ time to sit down and look at the plans again to see how we could refine them in light of the new research that we have undertaken.

Some work has been done on EMF, but I agree with Steve Bastiman that it might be worth doing some more, as a lot of that work is in grey literature reviews that are quite old. I would like to see some of that work being fitted into the new research programme that will stem from the new SEA that is being worked on at the moment.

Lloyd Austin

I am afraid that I cannot help Steve Bastiman on sharks, other than by reiterating the call for more and better—and better co-ordinated—research. I agree with Lindsay Leask about the iterative approach to planning. Plans can be changed when more information becomes available, but we need to be a bit more careful when we grant consents. When the Government grants a consent, it needs to be sure that it is making the right decision. The recipient of a consent would be rather concerned if the certainty that Mick Borwell talked about was not there because there was an ability to iteratively vary consents.

We will hear further on this issue from Bertie Armstrong, Steve Bastiman, Calum Duncan and Claudia Beamish, but I then want to move on to a different area, so I ask people to be brief.

Bertie Armstrong

Briefly, we have talked about the footprint of renewables developments, but for completeness I want to mention the power transmission thereof. Getting the electricity ashore is itself a subject of planning—particularly for us in the fishing industry—about the routes of the cables and the siting of other parts, such as collection points. That is also important in the entire planning process.

Does Steve Bastiman want to make another comment?

Steve Bastiman

I will pass, as the point that I wanted to make has already been made.

Calum Duncan

I echo what was said about the importance of having a national planning framework that delivers sustainable development. MPAs are an important component of that. I just want to reiterate that the historic context for that, as we have heard, relates to oil and gas expansion, the ambition for renewables, the aspirations to expand aquaculture and the plans to increase recreational tourism. All those things are very much welcome, but those ambitions highlight the importance of ensuring that we get a comprehensive network of MPAs. Although a lot of the discussion around MPAs has been about how activities can work around them and the possible constraints on activities, I want to make the point that MPAs are a key component of halting and helping to reverse the decline of our seas, so that we have healthier, more productive seas that we can all benefit from.

Claudia, do you have a question on that point?

11:45

The Marine (Scotland) Act 2010 includes an obligation on us to enhance our seas. Do our witnesses have any comments on that? It is an on-going process, and it is not just about halting or preventing further decline.

I am sure that there will be quite a lot of comments on that. I thought that you were going to ask specifically about the renewables element.

I am sorry, convener. Perhaps people could bear my question in mind when they answer other questions.

We will certainly bring in that point. Angus MacDonald has a question. Let us hear your take on the MPAs and the issues around the 2010 act that Claudia Beamish has just raised, and get round-table responses on those matters.

Angus MacDonald

Earlier, we heard about gaps in knowledge and the need for better co-ordinated research. As part of the announcement a couple of weeks ago about days at sea for prawn fishermen in the Western Isles, we heard that some local boats will be involved in scientific research, which will go some way towards helping to fill in the gaps in knowledge of the area, which was a point that Lloyd Austin made earlier. Panel members will be aware of local issues on Barra regarding plans for an SAC. What can be learned from events in Barra and what more should be done to encourage community engagement in areas such as the Sound of Barra, where SACs or MPAs could be contentious?

Those two questions go together. We will start off with Cathy Tilbrook, who is in the firing line.

Cathy Tilbrook

On Claudia Beamish’s point, we welcome the duty to enhance our seas that is in the 2010 act. Marine protected areas will play a big part in that. Some sites have a conservation objective to recover the features within them, as it is felt that the features have been degraded in some way. We hope that, by bringing them up to a better standard through management, we will start to see some enhancement of our marine area.

We do not, however, think that the use of marine protected areas is the only way in which that will take place. The Government’s three-tiered approach to marine conservation and nature conservation is important and works on many different fronts. MPAs are part of that, but there are measures to protect species outwith MPAs, as not all species are well suited to site-protection measures. There is also the idea of wider measures that include things such as marine planning, as it is important that the marine plan and the regional marine plans that follow look to enhance the health of the seas in the area.

I was going to answer the other point, but I have suddenly forgotten what it was. Could you remind me, convener?

Barra.

Cathy Tilbrook

There are lessons to be learned from Barra, certainly with regard to how to bring the local community along with us in relation to MPAs. The Sound of Barra is covered by the EU legislation, and there is perhaps less flexibility in the involvement of stakeholders in those European sites. We have been keen to have good stakeholder involvement in the MPA process from the start. During the consultation process this summer, we will go out to all of the local areas that are affected by MPA proposals to talk to people and local communities and to discuss management options and ways in which we can involve local stakeholders in the management of sites. That is something that we would encourage.

Andrew Binnie

There are a few interesting points there. It is apparent from the MPA literature from around the world that MPAs are much more likely to be successful if they have stakeholder buy-in from local communities and the various sectors. There are issues of scale. MPAs must mean something to the local community, and the local community must have the management capacity to manage them.

Although I accept that a lot of stakeholder engagement is going on, it has largely been a top-down process so far, initially kicked off by the EU. Very few communities in Scotland realise that they might have the opportunity to put in a third-party proposal for an MPA. At the moment, most do not have the capacity to properly review or understand the literature. Everybody is struggling to stay on top of the amount of literature that is being produced—even Marine Scotland, SNH and my organisation.

We argue that it is really important for the success of the MPA process that communities are involved in the whole process right from the start. That is difficult to do, because it involves a lot of groundwork, but if that approach is applied across the board, we will probably be able to avoid some of the more contentious issues such as those in Barra. If the resources had been available to have more of a grass-roots approach, the process might have been more positive.

James Bromham

The Barra case is interesting. A lot has been made recently of local distrust of the process. Many years ago, we had a similar experience with the designation of the SAC in Loch Duich, Loch Long and Loch Alsh. Issues were raised to the extent that folk left public meetings in disgust.

In working on that SAC through the planning process for marine fish farms and the SAC management forum, we found that there was no real change to the fishing activities that took place in the SAC as a result of the designation. The designation did not necessarily result in the prevention of existing activities such as fish farming, or the prevention of their expansion. Uses that are in keeping with the conservation objectives can still be allowed, so designation is not necessarily a barrier to development. That is our experience in Highland, anyway. I use Loch Alsh as an example, but there are other SACs.

Calum Duncan

I will echo some of what James Bromham and Cathy Tilbrook have said. As is clear in the guidelines, the MPA proposals are not for no-go areas or no-take zones. Community engagement is welcome to see off any fears to that effect early on. There is a presumption of sustainable use, provided that conservation objectives are met and activities are managed to ensure that those objectives are met.

We also have to recognise that, in line with the enhancement duty, there are enhancement opportunities for MPAs. Cathy Tilbrook touched on scope for recovery, but we think that there is a bit more scope for recovery than has been presented in the advice. Only three of the 33 MPA proposals have sub-features that are set to recover. On the one hand, we have to recognise the sustainable use and sustainable enhancement opportunities but, on the other hand, we have to realise that there is a requirement to think about enhancement and to enhance.

We need to look at the proposed management options for the different MPAs so that we are comfortable that what goes into the consultation come the summer properly reflects the features of the proposals. With the precautionary approach, which we would support, we feel that if the information is not certain we would be more comfortable thinking about recovery until the evidence emerges that features are not being unduly damaged or compromised.

The Convener

I want to sharpen this up a bit, because I am conscious that we have not heard much from fishing interests, creelers and so on. I will give them a chance to speak in a minute, but first I just want to mention that, according to the International Council for the Exploration of the Sea in 2006,

“In the Minch fisheries alone, the fishing method—bottom trawling—results in 70+ million undersized nephrops (25% of the catch) and millions of cod, haddock, whiting, hake, monkfish and megrim being discarded”.

I know that we are beginning to deal with discards and so on, but the fact is that if the seas are to recover, the MPAs and the fishing effort are going to have to play a part and the creel people are going to have come to an agreement with fishing. As a result, I want to extend Claudia Beamish’s question into that area.

Bertie Armstrong

I welcome the opportunity to respond to that, convener.

Let me make a number of short preliminary observations. I have heard several references to halting decline; however, I am delighted to report—and hope that the committee will feel optimistic—that things are going in the right direction with regard to overall biomass and fishing mortality.

I, too, will reinforce—for the third time this morning, I think—the case for science-based management measures instead of no-take zones. No one expects everything to be a no-take zone; for instance, in the MPA for black guillemots, all that is required is that there is no line fishing or gill netting. Given that no line fishing or gill netting happens in that area, there will be no change in the situation, but we will ensure that in future those techniques are not used.

As for your quotation about the Minch in 2006, convener, all I can say is that things now are very different. For example, we have done several things with the prawn industry and its specific problem with small mesh—which, after all, catches more than larger mesh. For a start, we have introduced certain technical measures in the design of the nets that can be used and where those new nets have been used they have made a significant difference to the problem. You will certainly find that the Minch is a different place from what it used to be. That said, this kind of recovery takes time; we have noted the points that were made and we are engaged in that work.

There is sometimes a presumption that bottom trawling or touching the bottom is a bad thing. The issue is often raised in relation to the scallop industry. There is no doubt that such methods alter the topography; however, the same could be said of ploughing the flood plains of Stirlingshire, and that is not necessarily seen as a bad thing. Where such techniques can be used safely—and I note that the sea’s normal movement causes more topographical upheaval than bottom trawling—there is a strong case for continuing them. I think that it should be a case of all things in their place; all things should be backed by scientific evidence and done for a reason. I am glad to hear that everyone agrees that not all MPAs should be no-take zones, because such an approach would be silly.

That is important. I ask Alistair Sinclair to respond for the creel fishermen.

12:00

Alistair Sinclair

I agree entirely with Bertie Armstrong that, according to the science, there is more biomass. However, the biomass is small. The main reason that the fish are no longer able to grow to a takeable or marketable size that would be suitable for Steve Bastiman and the Scottish Sea Angling Conservation Network is that the prawn trawl takes juvenile fish with every sweep of the trawl and the fish are not being allowed the opportunity to grow on.

I have witnessed that personally in Loch Fyne, in Argyll, where we had a very good stock of haddock in the upper loch five or six years ago. We witnessed the depletion of the haddock stock, with fish that were 1kg to 2kg in weight disappearing to the point that we were catching fish of 60g or 70g. Unfortunately, word had got out that there were haddock in Loch Fyne and it became a bit of a honey pot. The boys charged up the loch and totally decimated the haddock stock. The only fish that we now have in upper Loch Fyne—in fact, the only fish that we have in many of the sea lochs on the west coast of Scotland—are juveniles. I would not suggest for a moment that Paul Daniels is working some magic trick and taking all the big fish away; the fish are just not being given the opportunity to grow.

One or two people want to come in on that subject. Graeme Dey wants to raise a point with Bertie Armstrong.

Graeme Dey

I approach the subject with great respect, as I am a layman and you obviously understand the subject far better. Like many people, I watched a series on television recently in which Hugh Fearnley-Whittingstall talked about fishing techniques. One programme showed an area that had been impacted on by bottom-trawling-like activity and contrasted it with an area that had not. As a layman, I thought that the damage that had been done was absolutely devastating.

Bertie Armstrong

That is a fundamental and serious point. There is a technique that is used almost continuously in television. Cue Wagnerian music and show a shot at 25m, in which everything is green, then select your footage showing some form of striation. Take away the Wagnerian music and cue spring music. Look at a piece of sea bed at 3m or 4m, where you can see the surface on which the sun is shining brightly. Show some coral and things. The public then think, “Oh, my God! That is not good.” We could do the same thing in the terrestrial world. You could have a shot of a spring flower meadow accompanied by light music, saying, “This is nice.” You could then have the Wagnerian music accompanying footage of horizontal rain at twilight and a plough. You could use words such as those that Hugh Fearnley-Whittingstall used and say, “These vicious metal blades are ripping their way through the surface of the earth, tearing all asunder.”

It is entirely appropriate to plough fields; it is not appropriate to plough the Loch Lomond national park, and we do not. It is entirely appropriate to rake for scallops in gravel and sand sea beds; there are other areas in which it is entirely inappropriate to do that, and fishermen do not do it because it damages their gear apart from anything else. The Hugh Fearnley-Whittingstall programme was regrettable, and its quality was exposed in the response of the British Antarctic Survey girl who appeared in another episode. The point that was being made was simply not correct. In that matter he was not correct about the damage to the sea bed and the public were left with the wrong impression, which we find wholly damaging.

I take that point on board. How would you characterise the impact of such activities on the sea bed?

Bertie Armstrong

Are you talking specifically about scallop dredging?

Yes.

Bertie Armstrong

It happens only on the parts of the sea bed where scallops are sensibly available for that technique. That tends to be flat sand and gravel. The industry is not new; it is 40 or 50 years old. As long as it is properly regulated and everybody recognises that continued scallop dredging depends on sustainability, there is no problem. It is like ploughing the flood plains of Stirlingshire. There is no particular problem with modifying the topography temporarily. The activity does not devastate whole areas of sea bed.

Here is a useful statistic. According to a recent study that was done in the northern North Sea and around Shetland, about 25 per cent of the sea bed is touched in some way by fishing in any given year. The rest of it is not touched. There is no point in going to some areas such as rocky or coral reefs with fishing gear, because fishermen will not catch anything, or they will ruin their gear.

The situation is not as bad as it sounds. I advise caution in dealing with programmes whose intention is to exaggerate. In my personal view, that is more to do with the personal branding of the presenter than with a sensible, scientific approach to the effect of fishing on the sea bed.

Six people wish to contribute on this subject. In order, they will be: Lloyd Austin, Andrew Binnie, Alistair Sinclair, Calum Duncan, Lindsay Leask and Mick Borwell.

Lloyd Austin

Calum Duncan comes later in that list, so I will leave him to talk about scallop dredging, sands and such matters.

I will talk more strategically about the issue of recovery. We have heard about how MPAs contribute to recovery, but it is important to underline the fact that the requirement under the Marine (Scotland) Act 2010 applies to all the responsibilities of the Scottish Government and decision makers. It is important that the plan has the protection and recovery of Scottish seas as its overall objectives, and that the various responsibilities of Scottish ministers and the other public authorities concerned are lined up to achieve both those objectives. That includes the fisheries management objectives.

I agree with Bertie Armstrong that some things have got better in some places, but that is due to good processes such as regional advisory councils, inshore fisheries groups and other bodies working up better management systems.

I also agree with Alistair Sinclair that not everything is good yet—more needs to be done and more needs to be invested in the processes. The important thing about the right thing being in the right place and not in the wrong place is that management measures and controls are required to prevent the wrong thing happening in the wrong place. To take two extremes, we can say, “That’s the right place, and we’ll do it there,” and, “That is a wrong place, and we’ll never do it there.” However, there are big grey areas in the middle, where Government has to make a judgment and implement management measures to get the right systems in place.

The issue of community conflict and MPAs has been raised, and it is important to illustrate it, referring to the distinction that everybody made during the development of the process under the 2010 act between how one selects MPAs and how one makes management decisions in MPAs. The first should done be on the basis of science—we select MPAs on the basis of science, in the way that we discussed before. However, everybody involved—communities and all stakeholders—should have buy-in on the management decisions. Government has to take the ultimate management decisions at times. Sometimes, it has to overrule one stakeholder in favour of another—that is the democratic system that we have.

To achieve that buy-in, it is important to ensure that everybody has the right to have their say and the right to engagement. As people said earlier, it is important to stress that MPAs are not no-go areas. However, it is equally important to stress the benefits of MPAs, not least their economic benefits. Experience from around the world shows how MPAs have helped us to mitigate against weather events, how they have boosted fisheries in the long term through providing nursery areas and how they underpin our wildlife tourism industry. MPAs bring benefits to local communities, which we need to keep stressing.

A lot of people want to speak. We do not need to write theses about these things. We have heard much about them in detail before, but we can certainly get bullet points.

Andrew Binnie

I will deal with some of the points and use a real example. Marine Scotland described the Clyde as being like

“used agricultural land in need of restoration”

and said that the Clyde has

“great potential for future sustainable use.”

It summarised the Clyde as being in a poor state of health and in need of a broad management plan, not just MPAs. The whole system needs to be looked at.

I do not want to get into the Wagner and Hugh Fearnley-Whittingstall debate, but I find the general argument that it is somehow good for the sea bed to be ploughed a bit like the tobacco industry’s productive cough argument—that it is somehow good to cough up phlegm, as that shows that we are alive. I just do not buy the argument.

I would like to see a real vision for the whole MPA network and the Arran MPA network in particular, so that we are not squabbling over who can do what in them; rather, we should look at what can be done sustainably with them and how we can make the most of the opportunities in tourism, diving for scallops, diving or sea kayaking. There is huge potential there.

We have already put in an application for an economic development officer to realise the potential of the Arran MPA, which we think will have benefits for Arran and all the communities around the Clyde, not just in preserving the marine ecosystem but in developing local economies.

Alistair Sinclair

It is entirely wrong to compare scallop dredging with farmers ploughing their fields. There is a huge difference. A farmer can go back to his field and reseed it, but once what is in the sea is gone, it is gone.

Calum Duncan

I agree that there are parts of the sea bed in which it is inappropriate to carry out certain activities. Scallop dredging in the wrong place can be very damaging, but it is recognised that it is a legitimate activity in the right places. Obviously, there is a bigger debate about that.

That brings to mind the wider measures that the Scottish Government is committed to as part of its nature conservation strategy and three-pillar approach, which includes marine planning, fisheries management and other such tools. That is why we welcome a social, economic and environmental review of scallop dredging, which is important to provide the space to discuss some of the issues. I do not think that anybody disagrees that certain activities cannot happen in certain places. It is a question of extent and location.

There are other topical features in the proposals that are—we should be up front—potentially at risk from other types of bottom gear, nephrops trawling and impacts on burrowed mud features. That does not sound very exciting, but I am talking about a very rich and productive place with anemones, sea pens and so on. There are discussions to be had around some of the burrowed mud proposals. That does not mean that that activity is not suitable, although perhaps it is not suitable in some places.

I reinforce the point that Lloyd Austin made about economic benefits, and draw attention to a report from the Institute of Natural Resources and Spatial Planning—INDUROT—that was peer reviewed by Dr Salman Hussain at Scotland’s rural college. He is an environmental economics expert who put a monetary value on the benefits that a theoretical MPA network could provide. It is important to be clear that they are not just direct cash benefits; it is about trying to put a figure on all the other things that the sea does, including storm protection, climate regulation and nutrient cycling. The figure was £10 billion over 20 years.

12:15

We are going back a wee bit. Lindsay Leask and Mick Borwell can go next.

Lindsay Leask

I will try to answer in bullet points. With regard to enhancement and environmental protection, the one thing that we have not discussed is climate change. We are already seeing the impacts of climate change on our marine environment, but figures from the Department of Energy and Climate Change show that renewables displaced 8 million tonnes of carbon in 2011. Renewables have a huge role to play, and offshore renewables have a massive role to play and are central to any strategies for marine enhancement and protection of the marine environment.

To return to the point about community involvement, an understanding of the implications of designation for communities and industries such as ours is central. To pick up on what Bertie Armstrong said, we would be keen—as the management options for MPAs are now being considered and discussed—to ensure that there is some sort of engineering input from our industry. We can then ensure that the management options that are proposed are feasible and viable, and that things that are very well intentioned do not have unintended consequences from an engineering perspective.

We have had a lot of experience with oil and gas, so Mick Borwell may well have some useful things to say.

Mick Borwell

I will make two points, which both relate to improvement and enhancement to an extent. The industrial activities in the marine environment—apart from fishing, which is dealt with under the common fisheries policy—are subject to environmental impact assessment. Irrespective of whether there is an MPA in a certain area, we are looking after the marine environment through the EIA process, which is very vigorous for such activities. If there is to be any enhancement above holding the status quo, that is where it would happen.

Enhancement or recovery in an MPA where there is existing activity is not necessarily easy to achieve, and the economics and socioeconomics of that pre-existing activity must be taken into account. I do not have a mandate to talk about climate change, but we know that we need baseload electricity and energy from the oil and gas industry while the renewables are installed.

Several of the proposed areas have considerable existing oil and gas activity or considerable potential, and the socioeconomics of anything that is done in those MPAs must be considered.

Steve Bastiman

Much of the discussion so far has focused on the enhancement or recovery of the commercial stocks, but there are more than 90 or 100 species of fish in Scottish inshore waters. The major problem is that we do not know what the baseline is now, so it will be difficult to measure any enhancement or recovery, but that is something that we should focus on.

Bertie Armstrong

First, I say to my colleagues from Scottish Environment LINK that I am pleased with our discussion so far, because there has been a balance. We have recognised the proper reasons for an MPA network and the approach that we are taking to it.

Like Lindsay Leask, I will answer in bullet points and be succinct. Haddock on the west coast is one of the success stories. There may be issues in certain areas such as the upper Loch Fyne, and various local effects, but haddock is recovering very nicely in area 6: that is a fact.

I take exception to Andrew Binnie interpreting my comments as saying that scallop dredging is good for the environment just as the tobacco industry indicated that coughing was somehow all right. I never said that in any shape or form. What I am defending is reasonable activity in reasonable places. On the point that, when the sea bed is gone, it is gone, I point out that scallop dredging has been happening around Scotland for 50 years and is still a £20 million productive industry. The sea bed has not gone, and there is no prospect of it going if we manage it correctly.

The Convener

Marine Scotland made a point about developing “Scotland’s Marine Atlas: Information for The National Marine Plan” so that it is available in electronic form. What do you feel about material that is collected by firms working on new projects being shared for general use? Would that involve conflict? Would commercial confidentiality be involved? It is important for us to understand such matters.

James Bromham

Our experience in Highland is that the majority of fish farm applications are accompanied by environmental impact assessments. Some of the information that we get from those is of considerable use for our coastal plans, aquaculture framework plans and the like.

I noted in the Official Report of last week’s meeting that in the discussion with Marine Scotland there was reference to the use of aerial surveys for rapid surveying of features of the coastline. It is essential that such data or information is shared among all the regulating authorities, no matter what industry they deal with.

My background is in aquaculture, and I know that Marine Scotland is granting planning permission for fish farms with leases that existed prior to 2007, which are often not in locations where they are supposed to be. However, if we had aerial images that could capture the sites, that would help the industry. The point is that such information is useful not just for external organisations but for internal bodies such as Marine Scotland, so the data should be shared among such bodies.

Annie Breaden

As part of our lease agreement with the offshore renewable developers, they are required to provide us with their environmental survey data. Once they are through a certain point in the consent process, we make the survey data available through the marine data exchange website. The information is publicly available and can be used by others.

Do you feed into the Marine Scotland database? Is there a link?

Annie Breaden

Yes. We have been discussing with Marine Scotland how the various mechanisms can work together. I think that we are looking at how there can be specific links between each of the various databases.

So we have not reached that point yet. How soon will we reach it?

Annie Breaden

I do not know, but we have been discussing the issue with Marine Scotland for the past few months. We are working on it together at the moment.

That is interesting. Thank you.

Mick Borwell

The oil and gas industry has a very large amount of survey data, which we release through the UK Benthos database and which goes back 20 or 30 years. We are discussing with Marine Scotland having that data imported into the marine atlas. We are doing a project to look at how we can manipulate the data to make it available as a layer.

Sure; I understand that. Patrick Jordan is next.

Patrick Jordan

My points have just been made.

Lindsay Leask

Some of the industry is slightly concerned about the problems of data bias. Large areas have not been surveyed as intensely as those that are proposed for development. The developers have done a lot of work and a lot of information is available, for example on MPAs, which can be used to drive up their processes. There is a conscious concern about issues around data bias, but we acknowledge the value of working, as we do, through the Crown Estate to share information as much as we can to help advance knowledge.

The Convener

That has all been quite helpful to committee members and I think that we have got a fair flavour of the key issues. I hope that all members of the panel feel that they have had their say. We are always happy to receive in writing any afterthoughts that you might have.

Thank you very much for taking part in the discussion. I look forward to challenging ministers on how we will take the issue forward and to the consultation in the summer, which will become a major and positive step forward for Scotland’s waters and sea bed.

12:25 Meeting continued in private until 12:37.