14. Marine environment

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Environment Agency

October 21

10:50 2022

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The United Kingdom Marine Strategy Regulations 2010 require the United Kingdom to take the necessary measures to achieve or maintain Good Environmental Status through the development of a United Kingdom Marine Strategy. The United Kingdom Marine Strategy, made up of Parts One, Two and Three, set out a comprehensive framework for assessing, monitoring and taking action across our seas to achieve the United Kingdoms shared vision for clean, healthy, safe, productive and biologically diverse ocean and seas. To help assess progress towards good ecological status, it is broken down into 11 qualitative descriptors: biodiversity; non-indigenous species; commercial fish; food webs; eutrophication; sea-floor integrity; hydrographical conditions; contaminants; contaminants in seafood; marine litter and underwater noise.

There are strong links between the United Kingdom Marine Strategy and the River Basin Management Plans (RBMPs) under Water Environment Regulations (WER). The RBMPs address the improvement and protection of the chemical and ecological status of surface waters over the whole river basin ranging from rivers, lakes and groundwater through to estuaries and coastal waters out to one nautical mile at sea (in Scotland it is 3 nautical miles and out to 12 nautical miles for chemical status) and overlap with the United Kingdom Marine Strategy in coastal waters. The main areas of overlap are in relation to chemical quality, the effects of nutrient enrichment (eutrophication) and some aspects of ecological quality and hydromorphological condition.

Within the area of overlap:

the Marine Strategy only intended to apply to those aspects of Good Environmental Status which are not already covered by WER (for example. noise, litter, aspects of biodiversity)
United Kingdom targets and indicators for good environmental status are aligned as far as possible with existing WER assessment tools and criteria
the WER data forms the foundations for the Marine Strategy work, so there is an integration between Good Ecological Status and Good Environmental Status

Marine Strategy and WER also take different approaches to protecting the marine environment:

WER assesses quality of each part of ecosystem separately, basing overall status on the quality of the worst element
Marine Strategy takes a more holistic, functional approach, focussing on all 11 descriptors

United Kingdom Marine Strategy Part One

An assessment of marine waters, objectives for good environmental status and targets and indicators to measure progress towards good ecological status (GES) (published December 2012, updated October 2019).

The 2019 updated report concluded that the United Kingdom has largely achieved GES for eutrophication, hydrographical conditions, contaminants and contaminants in seafood. However, vigilance is needed regarding possible impacts arising from emerging chemicals and new major infrastructure projects that may pose a risk to marine life. It also set out what targets would be used, and what further action was necessary.

United Kingdom Marine Strategy Part Two

Sets out the monitoring programmes to monitor progress against the targets and indicators (published August 2014, updated March 2021).

A key aim for the updated United Kingdom Marine Strategy Part Two is to coordinate our actions with other countries, particularly for OSPAR Region II (the Greater North Sea) and OSPAR Region III (the Celtic Seas). The monitoring programmes have been developed with the Devolved Administrations, other government departments and with scientists in the United Kingdom Marine Monitoring and Assessment Strategy evidence groups.

To improve consistency between the approaches for coastal waters and offshore waters, the monitoring programmes have been aligned with those used for coastal waters under RBMPs where appropriate.

United Kingdom Marine Strategy Part Three

Sets out a programme of measures for achieving good environmental status (published December 2015). An updated version is currently out for consultation (until 29 November 2021), which shows the programme of measures the United Kingdom intends to use to achieve or maintain GES for United Kingdom seas over the next 6 years.

14.2 Marine and Coastal Access Act

The Marine & Coastal Access Act 2009 has committed the United Kingdom to an ambitious approach to managing the marine environment that has established a Marine Planning system, inshore fisheries reform, streamlining of licensing, establishment of the Marine Management Organisation (for England and United Kingdom matters) and coastal access provisions.

The United Kingdoms Marine Policy Statement provides the policy framework for preparing marine plans and taking decisions affecting the marine environment across the United Kingdom. Within the United Kingdom, the marine area has been subdivided into inshore and offshore marine planning regions. Development and implementation of marine plans is devolved to the United Kingdom administrations with transposing legislation.

In England, the Secretary of State has delegated most marine planning functions to the Marine Management Organisation, which is responsible for the development and implementation of England marine plans. The Marine Management Organisation has developed 6 marine plans covering the whole of the English marine area:

England now has a complete, fully adopted, and integrated marine planning framework to manage how we use, develop, protect and enhance our marine environment. To support ongoing improvements, the Marine Management Organisation must monitor and report to Parliament on the effectiveness of adopted marine plans every three years, this may lead to amending or replacing marine plans as required.

Section 58 of the Marine and Coastal Access Act 2009 places a duty upon all public authorities to:

take any authorisation or enforcement decision in accordance with the appropriate marine policy documents unless relevant considerations indicate otherwise (S.58(1)); and
have regard to the appropriate marine policy documents in taking any decision which relates to the exercise of any function capable of affecting the whole or any part of the United Kingdom marine area but is not an authorisation or enforcement decision (S.58(3))

Revision of river basin management plans must have regard to Marine Plans under S.58(3) of Marine and Coastal Access Act, similarly Marine Plans were developed based on sound evidence including existing plans including River basin management plans and considered that new development should not cause a water body or adjacent water bodies to deteriorate in status, nor prevent the achievement of established objectives set out in any River Basin Management Plan as stated in the Marine Policy Statement.

The Marine and Coastal Access Act also enabled the introduction of national Marine Protected Areas known as Marine Conservation Zones. Marine Conservation Zone are areas that protect a range of nationally important, rare or threatened habitats and species.

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