4 Management Proposals

4.1 Administrative framework

The most recent guidance on the administrative framework for the management of marine SPAs and SACs ('European marine sites') was summarised in RSPB (1997). Guidance from the UK statutory conservation agencies uses the key terms 'competent authorities' and 'relevant authorities', as defined in the Conservation (Natural Habitats &c.) Regulations 1994. The former term covers any public body or public office exercising legislative powers, whether on land or at sea. The latter term covers the authorities with powers or functions which have, or could have, an impact on the marine environment within or adjacent to a European marine site.

The guidance proposes that a 'management group' of relevant authorities is formed for each site, in order to establish a 'management scheme'. It further recommends that the management group should meet periodically with an 'advisory group' consisting of representatives from local interests, owners and occupiers, user groups, industry and conservation groups. It also proposes that members of the management group consult with competent authorities that are not relevant authorities, particularly where those competent authorities have a significant role in the management of the site.

Clearly, the relevant authorities would play an important part in enforcing any management measures in Fair Isle waters. However, Fair Isle presents unique opportunities for the involvement of competent authorities. Management of activities in the marine environment relies on the voluntary cooperation of users as well as on legal obligations to cover issues and activities that cannot be managed on a voluntary basis. A marine protected area in Fair Isle waters should, as far as possible, employ a set of management measures which apply voluntary principles supported by the groups using the area. This will require consensus on a series of measures.

The existing consensus in favour of the concept of a marine protected area in Fair Isle waters (see Appendix 2) will facilitate the establishment of an administrative framework. This includes the Fair Isle community, the landowner (The National Trust for Scotland) and the Fair Isle Bird Observatory Trust. Other user groups have also expressed an interest in developing a more integrated approach to managing Fair Isle waters. There is potential for all of these bodies to be involved in aspects of managing the proposed protected area. This consensus should therefore be maintained and widened through consultation with, and the involvement of, all user groups in the management planning process.

In the light of this background, four key elements are essential to oversee development and implementation of a conservation management plan for Fair Isle waters:

4.1.1 Management structure

A management group should be formed in order to deliver the management of the proposed protected area for nature conservation purposes. The management group should consist of bodies relevant to the management of the area, including 'relevant authorities' and other groups that have an interest in the management of Fair Isle waters. It is envisaged that relevant authorities would form the core of the group; among these, Scottish Natural Heritage have a key statutory role in setting the site conservation objectives. The involvement of members of the Fair Isle community in the management group would also ensure local representation and community-based support for the management measures.

Since the management of Fair Isle waters involves relatively few relevant authorities and other interested bodies, a streamlined management structure is considered most appropriate. A separate advisory group has therefore not been proposed, contrary to existing guidance on the management of European marine sites. However, it is possible that further refinements to the proposed management structure would be necessary, in order to clarify the distinction between the managerial and advisory elements of the group.

The fact that the proposed protected area extends beyond territorial waters reveals some complex management problems. Beyond territorial limits, activities such as fisheries and shipping become much more difficult for the UK to manage unilaterally. To achieve management beyond these limits, any management group will need effective links with relevant Government Departments. These Departments should be asked to take forward any proposals relating to the protected area that require European or wider international measures. This applies to management measures in the two outer zones of the protected area; in particular, it may be most appropriate to manage the proposed haddock nursery box in Zone 3 independently, albeit with representation from the protected area management group.

4.1.2 Liaison

There are considerable potential benefits arising from the genuine involvement of user groups at all stages of the management planning process. FIMETI partner-bodies have already consulted and elicited a favourable response from a number of user groups (eg the Shetland Fishermen’s Association) over the concept of a protected area in Fair Isle waters. Full consultation with, and involvement by, all user groups is an integral part of FIMETI's aim to achieve integrated management planning for Fair Isle waters.

Planned management of the marine area is likely to be of long-term benefit to the majority of users, even if some may initially perceive only the short-term losses. Liaison with users will help to establish what their perceptions are and their aspirations for the future. Seeking their views will help to shape management policies, which will allow the voluntary principle to be applied in most cases. However, some conservation objectives may only be achieved within a legal framework, and agreements may require supplementing with legal measures if voluntary codes fail.

4.1.3 Promotion

Providing information to the general public about management requirements in marine protected areas can aid management, as has been illustrated in other parts of the world (eg USA, Australia). However, gaining the support of the public can be particularly difficult when dealing with areas of sea. Special effort must be made to overcome this difficulty, especially as the concept of marine protected areas in UK waters is relatively novel to many people.

The importance of a balanced marine ecosystem is increasingly recognised by a broader public. Fair Isle's natural heritage (and especially its seabird populations) is the key factor in attracting visitors to the island; indeed, the Bird Observatory is the main source of tourist accommodation. Effort is being made by FIMETI to broaden awareness through interpretation and education. A high public profile for the proposed protected area is therefore considered to be wholly beneficial to its management. There are many opportunities for achieving this due to the importance of environment-related tourism to Fair Isle.

4.1.4 Environmental management system

From the outset the management scheme must include procedures to judge whether the conservation objectives are being achieved. It is therefore recommended that an environmental management system be established with key components of setting the objectives and targets, developing and implementing the management scheme, monitoring, audit and review.

The Habitats Regulations give reserve powers for Ministers to direct relevant authorities if the conservation directives are not being achieved, if there is delay in setting up management groups, and if local liaison is proving inadequate. In Scotland this power falls to the Secretary of State for Scotland. To facilitate this, it is recommended that the environmental management system is open to public scrutiny. 

4.2 Recommended site management measures

To achieve the overall conservation objectives for the proposed protected area, not all of the hazards identified in Chapter 3 will need to be managed to the same degree. The degree of management will depend on the desired outcome allocated to each particular hazard in Table 1. On this basis, this section derives management measures for each particular hazard, following the methodology outlined in RSPB (1997). For each hazard, the approach taken is as follows:

The management measures that are identified should be supported by measures relating to the Fair Isle SPA, and by actions which may need to be taken to benefit other nature conservation interests in the area.

In implementing these measures, some consideration would need to be given to the likelihood of the hazards to occur. A risk assessment would therefore become important when assessing future management priorities. For the recommendations relating to hazards which would have a low impact, a cost-benefit analysis may need to be conducted to determine the priorities for implementation. In reality, implementation of the illustrative recommendations would therefore require a costed, prioritised programme.

4.2.1 Fisheries

NOTE 1: Discards and offal from fishing vessels comprise a significant part of the diet of fulmars, gannets, great skuas and gulls. Changes in fisheries management could limit or prohibit discarding and perhaps also the dumping of offal. This could affect the food supply for certain bird species, and lead to a decline in these species. Such declines may be inevitable in pursuit of more sustainable fisheries. Nevertheless, if these changes in fisheries management do occur, it will be important to monitor the response of seabird populations and perhaps, if necessary, take some remedial measures (eg land-based measures to mitigate the effects of prey-switching by discard-deprived bird species – the response of the breeding great skua population to changes in fisheries management is of particular importance to Fair Isle in the short term, where some seabird species are thought to have been affected by increased great skua predation). Meanwhile, it is recommended that (i) the level and pattern of discarding and offal dumping in the proposed protected area are assessed, and (ii) the importance of discards and offal in the diet of seabirds using the proposed protected area is determined.

NOTE 2: The recommended measures relating to the management of the Shetland sandeel fishery should be part of an overall strategic overview of the fisheries in Northern Isles waters, so that restrictions in the proposed protected area are not to the detriment of other environmentally important areas. These recommendations should therefore be equally applicable to other proposed or designated SPAs for seabirds in Shetland, in order to disperse fishing effort over Shetland waters.

Aspects to target:
Level of fishing on species of particular importance to seabirds in the protected area.

[The current Total Allowable Catch (TAC) for the Shetland area is set at 3000 tonnes per annum; this is largely taken from Mousa Sound off South Mainland (P. Ellis, pers comm). However, in an area where the species is such an important item in seabird diet, a management requirement should be for a zero TAC to be implemented. This is for a number of reasons:
 

2. Provide a fisheries box refuge east and south of Fair Isle for protection of a haddock nursery area (Figure 4). This recommendation has had the support, in principle, of the Shetland Fishermen’s Association in the past.
   
   [Sandeels are not readily available to seabirds at all times of year. There are limited data on the food requirements of seabirds in Fair Isle waters outside the breeding season. However, heavy mortality linked to winter food shortages away from the Isle has been recorded (eg the razorbill 'wreck' of 1983). The closure of some Fair Isle waters to commercial fishing will benefit fish stocks in addition to addressing the conservation objectives, although Norway pout indirectly protected would probably be of more importance to wintering seabirds than juvenile haddock specifically (E. Dunn, in litt).]
3. Continue research to identify species and size ranges which are an important component of seabird diet, particularly those which influence breeding productivity.

Amount collected.
Areas which are the focus of this activity.

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Last modified: February 05, 2002