Loch Creran Management Plan Comments Sheet

Loch Creran Management Plan Comments Sheet

Collated Responses Final Draft (December 2004)

Name: /

Organisation:

1.0 INTRODUCTION /

COMMENTS

1.1The Habitats Directive
1.2 Argyll Marine Special Areas of Conservation Management Forum
1.3Aims of the Management Plan
2.0 SITE OVERVIEW /

COMMENTS

2.1 Site Description
2.2 Reasons for Designation: Serpulid Reefs and Horse Mussel Beds
3.0 MANAGEMENT OBJECTIVES /

COMMENTS

3.1 Conservation Objectives
3.2 Sustainable Economic Development Objectives
4.0 ACTIVITIES AND MANAGEMENT MEASURES /

COMMENTS

4.1 Management of Fishing Activities

/ Roger Thwaites – Shian Fisheries
It will be impossible to enforce/police or monitor fishing zones.
4.1.1 Benthic Dredging
4.1.2 Benthic Trawling
4.1.3 Creel Fishing
4.1.5 Whelk Fishing
4.1.6 Shellfish Diving
4.2 Management of Gathering and Harvesting from Foreshore
4.2.1 Shellfish and Bait Collection from Foreshore
4.3 Management of Aquaculture Activities

4.3.1 Finfish Farming

4.3.2 Shellfish Farming
4.4 Management of Recreation and Tourism Activities
4.4.1 Mooring Placement
4.4.2 Anchoring / Roger Thwaites – Shian Fisheries
It will be impossible to enforce/police or monitor anchoring zones.
4.4.3 SCUBA Diving
4.4.4 Charter Boat Operations
4.5 Management of Effluent Discharges and Marine Dumping
4.5.1 Trade Effluent
4.5.2 Sewage Effluent
4.5.3 Marine Littering and Dumping
4.6 Management of Shipping/Boating Related Activities
4.6.1 Commercial Marine Traffic
4.6.2 Boat Maintenance and Antifoulant Use
4.7 Management of Land-Use and Coastal Development Activities
4.7.1 Coastal/Marine Development
4.7.2 Agriculture
4.7.3 Forestry
4.8 Management of Scientific Research
5.0 MONITORING / COMMENTS
5.1 Site Condition Monitoring
5.2 Compliance Monitoring
5.3 Review of Existing Consents
6.0 IMPLEMENTATION & REVIEW /

COMMENTS

6.1 Implementation of the Argyll Marine SAC Management Plans
6.2 Management Action Implementation Timetable
9.0 APPENDICES /

COMMENTS

Appendix I – Management Forum Structure and Members List
Appendix II - Scottish Natural Heritage Conservation Advice
Appendix III – Appropriate Assessment Procedure / SNH
There needs to be reference in appendix iii to "mitigation" i.e. if an operation is deemed to potentially be harmful then the first step is to identify and agree mitigation and for this to be cited in any consents / licences issued. Mitigation can be identified by consultation with statutory consultees eg SNH etc. If mitigation is found then there is no need for an AA. If no mitigation can be identified then the competent authority is usually advised by consultees eg SNH that an AA is required and what that AA should contain.
Appendix IV – Draft Zoning Plan for Loch Creran
Appendix V - Diving Code of Conduct
Appendix VI – Competent and Relevant Authority Responsibilities Relating to Loch Creran Marine SAC Activities
Appendix VII -The Water Framework Directive

Hebridean Marine National Park Partnership comments

The final drafts of the Argyll Marine SAC Management Forum fail to address the main concept of the European Economic Community Treaty, in particular Article 130r: “Whereas the preservation, protection and improvement of the quality of the environment, including the conservation of natural habitats and of wild fauna and flora, are an essential objective of general interest pursued by the Community”.

The final drafts of the Argyll Marine SAC Management Forum fail to address many Articles within the Habitats Directive including Article 6 (2), “Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated…”.

The final drafts of the Argyll Marine SAC Management Forum fails to take account of the views of the majority of the Management Forum members, therefore is un-democratic.

The final drafts of the Argyll Marine SAC Management Forum fails to take into account the results of the recent EU Court (Grand Chamber) case number C-127/02, indicating that mobile mechanical fishing methods are deemed as a “plan or project” under this Directive; i.e. case law exists contrary to the direction of current proceedings, therefore in its current form the Management Plan is not legal.

The final drafts of the Argyll Marine SAC Management Forum fails to detail all relevant available evidence indicating “damage” to habitats and species of Community importance.

As a result of the above and in accordance with the Hebridean Partnership report supplied in the second draft, having the approval of the Hebridean Partnership Committee the following statement stands:

The Hebridean Marine National Park Partnership cannot sign any management agreement that clearly opposes a majority view, including stakeholders and a relevant authority, especially an agreement which may be detrimental to the favourable conservation status of the species/habitats that are of special community interest, and for which the site has been designated.