Research and analysis

Evidence requirement R090 – Impacts of non-licensable activities on Marine Protected Areas

Updated 5 October 2018

1. Requirement overview

1.1 Requirement detail

The MMO has an obligation under the Marine and Coastal Access Act 2009 to further the conservation objectives of MPAs, including using its byelaw making powers and marine planning policy to directly or indirectly manage unlicensed activities.

There are 34 activities which are exempted from the requirement to have a marine licence under the Marine Licensing (Exempted Activities) Orders [2011] (http://www.legislation.gov.uk/uksi/2011/409/part/2/made) and 2013.

Non-licensable activities (covering a range of activities, from bait collection for angling through to diving) within MPAs are not well understood in terms of the location or intensity in time and space. This in turn makes it difficult to consider their potential impacts on protected habitats.

Statutory Nature Conservation Bodies (SNCBs) such as Natural England and the Joint Nature Conservation Committee are responsible for assessing the sensitivity of MPA features to activity pressures. The MMO is interested in improving our understanding of the distribution and intensity of activities which could support potential management measures for MPAs and the further MPAs proposed under the Tranche 3 Marine Conservations Zone site designation process. Inshore Fisheries Conservation Authorities (IFCAs) are responsible for considering the impacts of commercial fishing, and due to the difficult nature of separating commercial from recreational fishing, the IFCA assessments also cover recreational fishing impacts inside 6nm.

1.2 MMO use

Marine Conservation Team (MCT): to provide data to underpin MPA site level assessment to ensure that MCT can accurately assess impacts to MPAs. This will assist MMO in its role to “best furthering/least hinder” conservation objectives.

Marine Planning: continued improvement to the delivery of marine plans, and specific plan policies related to marine non-licensable activities.

1.3 External interest

Natural England, Centre for the Environment, Fisheries and Aquaculture Science, Joint Nature Conservation Committee, Department for the Environment, Food and Rural Affairs

2. Aims and objectives

2.1 Aim

To increase our understanding of where non-licensable activities are occurring in MPAs.

2.2 Objectives

The objectives are the requirement are as follows:

• create a consolidated list of non-licensable activities occurring within each MPA in the English marine area.
• create robust data on the spatial distribution of currently occurring non-licensable activities in MPAs in English waters, this includes the intensity of each activity and allows a comparison between sites.

3. Existing evidence

3.1 MMO

MMO1013 looked to collate existing evidence and spatial data in 2012. This work was able to source data on a range of activities using an online questionnaire coupled with a targeted consultation exercise and literature review. Spatial datasets in GIS format were created and are held by the MMO.

MMO1043 was commissioned to fill spatial data gaps specifically for the south coast marine plans. Several standalone toolset documents were created as part of this project.

MMO1064 grouped recreational activities into broadly similar categories to allow spatial modelling of distributions. This project was commissioned to help model recreational activities in the absence of observation data, though highlights the preference of direct evidence where possible in the future.

More recently work undertaken by Natural England and the MMO entitled Managing marine recreation activities: a review of evidence NECR242 attempted to collate and update the evidence base on the significance of impacts from recreational activities on designated features in MPAs, carry out a review and collate case study examples of the range of management options.

3.2 Academic

Research into the impact of recreational activities on the marine environment has concentrated on a few key areas, including trampling of the intertidal and upper infralittoral areas, boat anchoring (particularly in seagrass meadows and tropical reefs) and SCUBA diving Milazzo et al. 2002. Thurstan et al. outline 16 recreational activities which have been looked at on the global scale: catch and release angling, diving, snorkelling, swimming, boat mooring, anchoring, scientific research, jet skiing, kayaking, wildlife observation, motorised boating, water skiing, surfing, wind surfing, sailing and kite surfing (these have been classed as non-competitive i.e. recreational activities). MPAs were examined for each activity and categorised on whether or not the activity was prohibited, allowed or regulated within each of the sites.

3.3 Other

UK CEED (2000) reviewed the potential effects of land and water-based recreation and recreational infrastructure on European marine sites, with a particular focus on the habitats and species within marine Special Areas of Conservation (mSAC) designated under the Habitats Directive. It examined these effects within the context of natural and other human influences and highlights examples of good practice in recreational management. It is based upon a (at the time) comprehensive literature review, wide-ranging consultation and site visits. The report gives both generic and type-specific guidance for dealing with recreation activities, which is useful for this evidence requirement.

4. Current activity

The MMO is currently working on a project (MMO1136 - The intensity and impacts of non-licensable activity on MPAs) to help meet the remaining objectives of this requirement building on the NECR242 project. MMO is also involved in a number of projects looking at the effects of Anchoring and Mooring (MMO1113, MMO1144 and MMO1165) which will feed into this requirement.

5. Further details

For more information or to add further research to the existing evidence list please email evidence@marinemanagement.org.uk