9.4. Policy and Legislative Context
13. Volume 1, chapter 2 of the Array EIA Report presents the policy and legislation of relevance to renewable energy infrastructure. Policy specifically in relation to fish and shellfish ecology is contained in the the Marine and Coastal Access Act (MCAA) 2009, the Habitats Regulations, Scotland’s National Marine Plan, the Sectoral Marine Plan (SMP) and the United Kingdom (UK) Marine Policy Statement (MPS). A summary of the legislative provisions relevant to fish and shellfish ecology are provided in Table 9.1 Open ▸ to Table 9.6 Open ▸ . Further detail is presented in volume 1, chapter 2.
Table 9.1: Summary of Marine and Coastal Access Act 2009 Relevant to Fish and Shellfish Ecology
Table 9.2: Summary of the Habitats Regulations Relevant to Fish and Shellfish Ecology
Table 9.4: Summary of Priority Marine Features in Scotland’s Seas Relevant to Fish and Shellfish (NatureScot, 2020)
Table 9.6: Summary of the UK Marine Policy Statement (MPS) Relevant to Fish and Shellfish Ecology (HM Government, 2011)
9.5. Consultation
14. Table 9.7 Open ▸ presents a summary of the key issues raised during consultation activities undertaken to date specific to fish and shellfish ecology for the Array and in the Ossian Array Scoping Opinion (MD-LOT, 2023) along with how these have these have been considered in the development of this fish and shellfish ecology Array EIA Report chapter. Further detail is presented within volume 1, chapter 5.
Table 9.7: Summary of Issues Raised During Consultation and Scoping Opinion Representations Relevant to Fish and Shellfish Ecology
9.6. Methodology to Inform Baseline
15. A desktop review has been undertaken to inform the baseline for fish and shellfish ecology, including review of several peer-reviewed publications and reports from surveys undertaken to inform other project assessments. These provide information on the fish and shellfish assemblages within the fish and shellfish ecology study area. In addition, the benthic subtidal ecology site-specific survey undertaken within the site boundary in July 2022 (volume 3, appendix 8.1, annex A) has also been used to inform the baseline characterisation for fish and shellfish ecology. This survey is described in detail in volume 3 appendix 9.1.
16. The fish and shellfish ecology baseline has also been informed by the commercial fisheries baseline characterisation (volume 3, appendix 12.1), as well as consultation with relevant stakeholders (section 9.5).
9.6.1. Desktop Study
17. Information on fish and shellfish within the fish and shellfish ecology study area was collected through a detailed desktop review of existing studies and datasets which are summarised in Table 9.8 Open ▸ .
18. Both the literature review of the reports and data mapping using the datasets were used to characterise the baseline. The fish and shellfish Technical Report (volume 3, appendix 9.1) includes full details of the analysis undertaken to develop the fish and shellfish ecology baseline.
Table 9.8: Summary of Key Desktop Reports
9.6.2. Identification of Designated Sites
- step 1: All designated sites of international, national, and local importance within the fish and shellfish ecology study area were identified using several sources. These sources included JNCC, MPA mapper, and the Marine Scotland NMPi maps.
- step 2: Information was compiled on the relevant features for each of these sites (e.g. species listed as features of the relevant designated sites, information on habitat usage, migration information etc.).
- step 3: Using the above information and expert judgement, sites were included for further consideration if:
– a designated site directly overlaps with the site boundary and therefore has the potential to be directly affected by the Array;
– sites and associated features were located within the potential ZoI for impacts associated with the Array; and
– sites which are designated to protect mobile features (e.g. diadromous fish) and where the range of those features has the potential to overlap with either the Array and/or the ZoI of impacts associated with the Array (e.g. fish migrating through or close to the Array at particular life history stages).