By Esther Brooker, Fanny Royanez (Scottish Environment LINK) and Rebecca Crawford (Scottish Wildlife Trust)
It has been 10 years since a suite of 30 new nature conservation marine protected areas (MPAs) were designated in Scotland’s seas under Scottish and UK law. These were in addition to the MPAs already designated under European law. The purpose of MPAs is to protect fragile species and habitats by restricting damaging activities, which allows marine ecosystems to recover and thrive.
At the time, it signalled a clear and ambitious intention to deliver real conservation outcomes, which would help to halt the decline of Scotland’s marine nature, enable more sustainable economic opportunities and contribute to thriving coastal communities. But 10 years on, has that actually happened? We reflect on the progress made and what urgently still needs to be done to safeguard our seas now and for future generations.
It is a truth universally acknowledged that Scotland’s marine biodiversity is not in good health.1 We are living through a global climate and biodiversity crisis, with the UK named as one of the most nature depleted countries in the world. There is a significant body of evidence that clearly shows current levels of human activities are not sustainable and that biodiversity will continue to decline if nothing changes. Only last week, news of a dramatic decline in breeding shag on the Isle of May nature reserve in the Firth of Forth hit the headlines, the latest in a seemingly endless conveyor belt of bad news stories about nature and climate.
A word cloud with responses to the question: “What three words would you use to describe the current health of Scotland’s seas?”, asked of delegates at the Sea Scotland conference, 2024.
Marine Protected Areas (MPAs) are a proven conservation measure that is widely used around the world, and the benefits both to nature (improving biodiversity) and people (better economic opportunities) are widely evidenced. The development of a “well-managed” network of MPAs has been an obligation for Scotland and the UK for decades. There have been a series of international and national deadlines over the years that have all been missed. For example, under the Oslo-Paris Convention (OSPAR), for which the UK is a contracting party and which covers the northeast Atlantic area, a recommendation set out in 2003 called for a well-managed network of MPAs to be established by 2010. The previous Scottish Government set a target of 2016 to ‘complete’ the network, which then slipped to 2020.
Following the designation of the 30 MPAs under Scottish law in 2014, the Scottish government set about working with stakeholders to develop management measures for high risk activities that are outside the licensing and consents system. In 2016 the first batch of fisheries management measures was adopted, following a public consultation and Parliamentary scrutiny. LINK campaigned to ensure these measures were sufficient for the purpose of protecting Priority Marine Features (PMFs), as many of the proposals were being suggested for areas where fishing activities were already low. In fact, the Scottish government’s own marine science unit recently published research showing that less than 1% of areas that have been historically fished by bottom-towed (seabed impacting) fishing activities are actually protected within MPAs. In the period since 2016, there has been some stakeholder engagement around additional proposed measures and development of assessments required by law (such as Socio-Economic Impact Assessment), but we are no closer to adopting measures for MPAs and PMFs beyond MPAs.
The Scottish government is now 10 years late in bringing forward the remaining majority of the fisheries management measures for the MPAs that we currently have. This means that activities that have been identified as posing a risk to many of the habitats and species the MPAs are designed to protect – primarily bottom towed fishing – continue to operate within these MPAs. Furthermore, monitoring and resources to understand the ongoing impact of the management measures not being in place is lacking, and environmental conditions have already changed significantly since the measures were first developed. Such is the imperative of the twin crises of climate change and biodiversity loss, that we should be progressing more ambitious measures to reverse these issues, never mind still waiting for basic protection measures that should have been in place years ago. These fisheries management measures are not an optional extra step – they are a fundamental requirement for MPAs, without which an MPA cannot even begin to achieve its conservation objectives. We can no longer afford to delay properly protecting our seas and allowing depleted species and habitats to recover.
LINK and some of its partners recently commissioned a report evaluating the effectiveness of Scotland’s MPAs network. The report, written by Professor James Harrison (an expert in marine and environmental law), underscores deficiencies in the MPA network including the lack of fisheries management measures in most of the inshore and all of the offshore sites. The report also highlights uncertainty around how it will contribute to Scotland and the UK’s global nature protection commitments and how it will meet current ecological and societal needs.
Infographic showing the steps needed to properly establish and protect Scotland’s network of marine protected areas, with annotations showing the progress made so far and where it has stalled.
In April 2024, the Scottish government announced the end of the power sharing agreement with the Scottish Green Party. The draft policy programme, published in 2021 and known as the Bute House Agreement, contained many essential policies for the marine environment. Critically, it again committed the Scottish government to finally implementing the long-awaited fisheries management measures, with a target of spring 2024 for those measures to be legally adopted. It’s now July 2024, and we are still waiting for the proposed measures to be published for public consultation. We’re concerned that the dissolution of the Bute House Agreement is just the latest thing to delay these consultations even further. Including the time for the consultation to run and the results to be analysed, we’re looking at a timescale of at least a year before any new measures may be adopted. This means if the consultations have not been published by around March 2025, there won’t be much chance of the fisheries measures being adopted within this parliamentary term (which ends in May 2026). This is a scenario we want to avoid – it’s not in anyone’s interest to delay this process any further.
Delayed management measures seems to be a chronic problem that is not unique to Scotland. For example, the Dogger Bank Special Area of Conservation in the English north sea was designated in 2011, but fisheries management measures weren’t adopted until 2022 when a complaint was brought to the European Commission against the UK government for not meeting the requirements of the law. Designating MPAs looks great, but they don’t do any good if damaging activities are not appropriately restricted, leading to ‘paper parks’. Not only does bottom-contacting fishing damage seabed habitats, there’s evidence to suggest that it contributes to climate change by disturbing carbon that is stored in the seabed. If it takes years to properly protect MPAs, could some of the ecological decline that has been evidenced in recent years be slowed or halted already if action had been taken sooner?
We’re calling on the Scottish government to progress management measures for inshore and offshore MPAs as soon as possible.
Join the conversation and sign our petition to show your support.
There is significant public appetite to see Scotland’s seas better protected2, and these MPA measures are a vital step towards this. Community involvement and transparency in policy making are extremely important to avoid situations like the backlash to Highly Protected Marine Areas (HMPAs) which caused a high level of anxiety and uncertainty within island and coastal communities. The proposed fisheries management measures for existing MPAs have already been subject to stakeholder discussion and the process has been supported by many marine interests, including the fishing industry who recognise the importance of protecting the resources on which they rely for their businesses. Protecting our environment and operating sustainable industries is mutually inclusive, and yet is often portrayed publicly as a false dichotomy that conservation measures come at the expense of economic opportunities. The reality is the opposite, if conservation measures are implemented within the principles of sustainable development – a global framework for improving the way environment, social, cultural and economic goals are achieved.
While it has been a tumultuous few months for Scottish and UK politics, we must not lose sight of the vital importance of environmental protection and the threats Scotland faces from climate change. As we move forward from the recent UK election under new national leadership toward the next Scottish election in 2026, our natural environment from which we derive so much must be the priority. Far from being only a Green Party issue, a healthy, productive, clean, safe environment is essential for our future and we must not lose sight of that. It is paramount that the Scottish government continue their commitment in responding to the climate and nature crises and creating a fairer, greener future.
What we need to progress MPA process and improve health of Scotland’s seas:
- Management measures in MPAs to be progressed ASAP
- Targets for nature recovery and for improving MPAs/marine protection in law
- Clear leadership, including from industry and communities
- Monitoring and resourcing as a priority (public and private finance) – healthy seas is in the public interest, huge influence on ecosystem service benefits that everyone needs
- A more strategic approach to marine nature conservation – site protection alone is not enough ( species conservation and wider seas measures should also be considered, in line with Scotland’s Nature Conservation strategy)
1 See State of Nature report, Scotland’s Marine Assessment 2020 and Summary of progress towards good environmental status
2See Understanding the attitudes of Scotland residents to marine protected areas, Survation survey results and Press and Journal article
Top image credit: Charlie Phillips