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Introduction to managing European
marine sites
Habitats Regulations
Management schemes
In May 1992, the member states of the European
Union adopted the ‘Council Directive 92/43/EEC on the conservation
of natural habitats and of wild fauna and flora’. This is more
commonly referred to as the Habitats Directive. The main aim
of the Directive is to promote the maintenance of biodiversity
and, in particular, it requires member states to work together
to maintain or restore to favourable conservation status certain
rare, threatened, or typical natural habitats and species. These
are listed in Annex I and II respectively.
One of ways in which member states are expected
to achieve this aim is through the designation and protection
of a series of sites, known as Special Areas of Conservation
(SACs).
The Birds Directive (‘Council Directive 79/409/EEC
on the conservation of wild birds’) complements the Habitats
Directive by requiring member states to protect rare or vulnerable
bird species through designating Special Protection Areas (SPA’s).
Together, the terrestrial and marine SPAs and SACs are intended
to form a coherent ecological network of sites of European importance,
referred to as Natura 2000.
The requirements of the Habitats Directive have
been transposed into UK legislation through the Conservation
(Natural Habitats &c.) Regulations 1994 and the Conservation
(Natural Habitats &c.) (Northern Ireland) 1995, known as
the Habitats Regulations.
Unlike on land where SACs and SPAs are underpinned
by Sites of Special Scientific Interest (SSSIs), there is no
existing legislative framework for implementing the Habitats
Directive in marine areas. Therefore the Regulations have a
number of provisions specifically for new responsibilities and
measures in relation to marine areas.
The Regulations place a general duty on all statutory
authorities exercising legislative powers to perform these in
accordance with the Habitats Directive. The term European marine
site is defined to mean any SPA and SAC or part of a site that
consists of a marine area, including intertidal areas. The new
duties in connection with the management of marine sites are
summarised below.
In the UK, management schemes may be established
on European marine sites as a key measure in meeting the requirements
of the Habitats Directive. Each scheme will be prepared by a
group of authorities having statutory powers over the marine
area - the relevant authorities (i
). The Regulations set out which authorities have responsibilities
for managing these sites and how they are to be managed, as
described below:
- Relevant authorities are those who are already
involved in some form of relevant marine regulatory function
and would therefore be directly involved in the management
of a marine site, and may include the following:
- country conservation agencies,
- local authorities,
- the environment agencies,
- water or sewerage undertakers,
- navigation authorities,
- port and harbour authorities,
- lighthouse authorities,
- river purification boards,
- district salmon fisheries boards, and
- sea fisheries committees.
- A scheme may be established by one or more
of the relevant authorities. It is expected that one will
normally take the lead. Once established, all the relevant
authorities have an equal responsibility to exercise their
functions in accordance with the scheme.
- Each site can have only one management scheme.
Whilst only relevant authorities have the responsibility
for establishing a management scheme, government policy (DETR
& Welsh Office guidance on "European marine sites in England
and Wales") strongly recommends that other groups including
owner and occupiers, users, industry and interest groups be
involved in developing the scheme. To achieve this, it suggests
the formation of advisory groups and a process for regular consultation
during the development and operation of the scheme.
Within the Regulations, the nature conservation
bodies have a special duty to advise the other relevant authorities
as to the conservation objectives for a site and the operations
that may cause deterioration or disturbance to the habitats
or species for which it has been designated. This advice forms
the basis for developing the management scheme.
The scheme will encourage the wise use of an area
without detriment to the environment, based on the principle
of sustainability. European marine sites have been selected
with many activities already taking place and it is recognised
that these are normally compatible with the conservation interest
at their current levels. Only those activities that would cause
deterioration or disturbance to the features for which a site
has been designated need to be subject to restrictions under
a management scheme. It is not the aim to exclude human activities
from European marine sites, but rather to ensure that they are
undertaken in ways that do not threaten the nature conservation
interest (i ).
The primary focus of a management scheme is to
manage operations and activities taking place within a European
marine site, promoting its sustainable use. However, it may
also provide guidance for the assessment of plans and projects,
particularly those of minor or repetitive nature. A plan or
project is any operation, which requires an application to be
made for a specific statutory consent, authorisation, licence
or other permission. Not all types of plan or project fall within
the statutory functions of relevant authorities, but are consented
or authorised by other statutory bodies, termed competent authorities
(e.g. central government departments).
A Model Process for developing
a Management Scheme for a European Marine Site
Habitats and species specified
in the Habitats and Birds Directive and occurring in the UK
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