21 March, 2008

OPENING the Scottish Parliament’s debate on the future of Scotland’s marine environment yesterday (Thursday), the environment secretary Richard Lochhead called for a marine bill for Scotland alone.

Mr Lochhead said with more than 85 acts and laws from Europe, London and Edinburgh governing management of coastal waters, there was a need to modernise and streamline their management.

“The current management regime is not fit for purpose - it is cluttered, difficult to navigate and is unlikely to cope with the increasing demands on our seas,” Mr Lochhead said.

“The marine bill will place sustainable development at the centre of Scotland's strategy.”

Fishing, wildlife conservation, marine energy, new technology like carbon capture would be at the forefront of the government’s mind.

He added a call for Scotland to make its own decisions about its surrounding sea. “We are pressing the UK to respect subsidiarity to ensure that decisions are taken at the appropriate level,” he said.

“Everyone I have spoken to in Scotland believes most decisions in the seas around Scotland that affect Scottish interests, should be taken in Scotland, albeit our interface with the UK, EU and international community is vitally important.”

Accepting a Liberal Democrat amendment, the bill will seek control of waters out to the 200 mile limit rather than “an artificial 12 mile boundary”.


Mr Lochhead’s speech at Holyrood in full:

The sea has defined and shaped Scotland - and sustained our communities and nation, since time immemorial.

Our relationship with the sea has helped forge our nation's identity, our culture and our economy.

And generations of Scots have, down the centuries played a leading role in maritime history, trade and communications.

Today, it is accepted that we need a new relationship with our seas.

In this - the 21st century - we now accept that we can't simply take from the sea - or dump things into the sea - without understanding the consequences for our marine environment and the need to safeguard precious resources for future generations.

With the increasing and competing demands being made on our seas, it is time to modernise and streamline the management of our marine environment.

Scotland has a unique coastal and marine environment.

And the seas around us are essential to our well being.

Our marine ecosystem stabilises temperature, absorbs C02, and is essential to life as we currently know it.

The scale and importance of Scotland's marine area cannot be overstated.

We have 10% of Europe's coastline. If we measure Scotland's area out to the 12 nautical mile limit of territorial waters, then more than half of Scotland is water.

And around a fifth of the Scottish population lives within 1km of the sea. And the vast majority of Scots live within 10km.

And Scotland's seas are unique. In comparison to the rest of the UK, our seas are;

Oceanic and deep: the rest of the UK is enclosed and shallow.

In good or excellent environmental status compared to the rest of the UK, which is compromised or severely degraded.

Large areas of the Scottish coast is inaccessible, sparsely populated and under developed, the rest of the UK is intensively developed, readily accessible and heavily populated.

Our uniqueness can be illustrated by the impact of marine climate change. For example, warming has been faster in the English Channel than in Scottish waters.

However, in Scotland we do expect marine climate change to impact on some sectors such as aquaculture, which is a predominantly Scottish industry.

Our seas generally may be unique, but our important marine environment is spectacularly unique.
Our seas are among the most biologically productive in the world, containing over 40,000 species.

They are among the richest in Europe for marine mammals. We hold about 70% of Europe's population of grey seals and about 35% of the EC population of common seals. Over twenty species of whales, dolphins and porpoise can also be seen around the Scottish coastline and the international importance of our sea bird populations is well documented.

It is no wonder that Scots feel an enormous responsibility towards our marine environment.

This manifested itself during the recent furore over proposals for ship to ship oil transfer in the Forth,

And we are all aware of the current anxiety caused by the proposal for oil exploration in the Moray Firth and its potential impact on the UK's most northerly dolphin population. Members will be aware that I have written to the UK Energy Minister requesting him to heed SNH's concerns over this important issue.

In Arran, the community driven Lamlash Bay initiative establishing a marine reserve off Arran further demonstrates the commitment of Scots to preserving their local marine environment.

This grassroots project is the first of its kind and shows that with hard work it is possible to develop a regime for Marine Protected Areas that minimises conflict and achieves a good outcome, not only for our marine environment, but for all the communities that use our seas as well.

The Government and this Parliament has a duty to recognise that in 21st century Scotland, the sea remains a hugely important natural resource.

A resource upon which many communities, jobs and industries depend. The breadth of economic activity ranges from the domestic production of oil and gas, down to the smallest scale enterprises, for example dive boat operators exploiting the wealth of Scotland's historical wrecks in Scapa Flow.

Scottish ports handle 110 million tonnes of cargo every year and 10 million ferry passengers.

And our fishing interest is considerable. The Scottish fishing zone is the largest of any EU continental nation. We catch just over 8% of the total EU fish catch worth around £370 million last year.

Aquaculture represents another vitally important industry to Scotland, producing around 150,000 tonnes annually, worth over £280 million.

Scotland's seas are central to both the economic and environmental well-being of the Scottish nation.

The Scottish Government - and this Parliament - are determined to improve the stewardship of our seas - to ensure that future generations enjoy the benefits.

That is why there is widespread support for a Marine Bill for Scotland, the process for which is now underway.

As a minimum it will need to transpose the EU Marine Strategy Directive into domestic legislation.

However, there is widespread support throughout our nation and across this Chamber for any new legislation to go much further :

To provide for planning at both a strategic and local level;
To provide a more focused conservation effort; and
To simplify the regulatory system for the marine environment by taking a comprehensive look at all marine legislation.

After all, there are over 85 acts and laws emanating from Europe, London and here, apply to our seas and on top of that we have international obligations as those highlighted by the Greens' amendment which the Government accepts.

The current management regime is not fit for purpose - it is cluttered, difficult to navigate and is unlikely to cope with the increasing demands on our seas.

The Marine Bill will place sustainable development at the centre of Scotland's strategy.

A balance has to be achieved between environmental protection and resource utilisation. Where activities are unduly damaging, or the marine environment is particularly vulnerable, action and protection is vital.

Marine planning based on an ecosystem approach is an essential tool to deliver sustainability in our seas.

The planning system will also be essential to improve our conservation effort. It will be essential to protect some areas of outstanding environmental importance. I will not shirk what is required to deliver the protection our world class environment deserves.

Scotland has already made a significant contribution to protecting its marine and coastal biodiversity. At present, Scotland has 49 special protection areas which have one or more species of seabird that qualify for protection.

We also have 31 Special Areas of Conservation for seals and bottlenose dolphins, as well as important habitats such as reefs and lagoons. And our rich marine heritage is now fuelling growth in marine wildlife tourism.

Our scientific advisers are developing advice on what additional areas may be needed to complete our contribution to the European network of Natura sites.

Better management and protection of our ecosystem is essential if we are to ensure the seas continue to deliver benefits for future generations of Scots

One benefit is fishing. Scotland is a proud and successful fishing nation and many of our key stocks are being fished sustainability.

As confirmed at my meeting on Tuesday with EU Fisheries Commissioner Joe Borg, Scotland's fishermen are now viewed as being at the forefront of fisheries conservation in Europe, thanks to the innovative measures that are being implemented in our waters.

Our coastal waters and our inshore fishermen face some particular pressures. Use of the coastal marine environment is diverse and can be intense; from the holiday maker to the commercial fisherman, there are many competing and quite often conflicting demands on Scotland's inshore fisheries and coastal environment.

We are piloting Inshore Fisheries Groups, placing fishermen at the heart of the management process.

Sea Fishing therefore remains at the forefront of our mind as we develop our policies on Marine Planning and Marine conservation.

Marine energy is a new benefit and an illustration of a new industry that will increasingly and necessarily make demands on our seas.

Another technology with the potential to transform the way we generate power is carbon capture technology.

UK proposals for their Marine Bill have already been presented in the form of a White Paper, setting out plans for legislative reform that include enabling the creation of a new UK system of marine spatial planning.

Given that I have just outlined the unique qualities of our own marine environment, it will come as no surprise that I have some misgivings about the proposed UK approach.

We have our own unique challenges and opportunities. Scottish waters are different.

We are pressing the UK to respect subsidiarity to ensure that decisions are taken at the appropriate level. Everyone I have spoken to in Scotland believes most decisions in the seas around Scotland that affect Scottish interests, should be taken in Scotland, albeit our interface with the UK, EU and international community is vitally important.

That's why we will reiterate our support for Scotland's Bill to apply out to 200 miles, rather than an artificial 12 mile boundary, by accepting the Liberal Democrat amendment.

We will support our coastal communities, our industries including our fishermen, environmental organisations and others by continuing to put the case to the UK Government. Parliament has the opportunity today to speak with one voice and to back Scotland's case.

I will indeed to continue to work constructively with the UK government to find a mutually beneficial way forward.

But can I say how much I look forward to the day when then opposition parties table amendments calling on the UK Government to work constructively with the Scottish Government.

As members know, in January, I launched the Sustainable Seas Task Force to examine how smarter licensing, planning, protection and marine management can be achieved, and to prepare the way for our consultation paper on the Bill.

To date, the Task Force has shown a remarkable degree of consensus on a range of issues. In particular it has highlighted the lack of a consistent knowledge base of what is on the sea bed and in the water column.

I believe that now is the time for Scotland to manage our seas in a manner fit for the 21st Century.

I announced in January that I want 2008 to be a year-long "Celebration of Scotland's Seas".

There are a number of trail blazing initiatives already underway in Scotland's seas to protect our marine environment - they will all ensure our precious resources can be enjoyed today and by future generations.

The jewel in the crown will be Scotland's first Marine Bill and I look forward to working with Scotland and all parties in this Chamber to make it a reality.

I move and ask this Parliament to support the Government motion.