LOCH CRERAN MANAGEMENT PLAN

Transcription

1 ARGYLL MARINE SPECIAL AREAS OF CONSERVATION LOCH CRERAN MARINE SPECIAL AREA OF CONSERVATION MANAGEMENT PLAN LOCH CRERAN MARINE SAC MANAGEMENT PLAN

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3 CONTENTS Executive Summary 1. Introduction The Habitats Directive 1.1 Argyll Marine SAC Management Forum 1.2 CONTENTS Aims of the Management Plan Site Overview Site Description 2.1 Reasons for Designation: Reefs (Biogenic and Bedrock) Management Objectives Conservation Objectives 3.1 Sustainable Economic Development Objectives Activities and Management Measures Management of Fishing Activities 4.1 Benthic Dredging Benthic Trawling Creel Fishing Whelk Fishing Shellfish Diving Management of Gathering and Harvesting 4.2 Shellfish and Bait Collection Management of Aquaculture Activities 4.3 Finfish Farming Shellfish Farming LOCH CRERAN

4 Management of Recreation and Tourism Activities 4.4 CONTENTS B oat Moorings Anchoring Scuba Diving Charter Boat Operations Management of Effluent Discharges/Dumping 4.5 Trade Effluent Sewage Effluent Marine Littering and Dumping Management of Shipping and Boat Maintenance 4.6 Commercial Marine Traffic Boat Hull Maintenance and Antifoulant Use Management of Coastal Development/Land-Use 4.7 Coastal Development Agriculture Forestry Management of Scientific Research 4.8 Scientific Research Implementation Implementation of the Management Plan 5.1 Implementation Phase Management Actions Monitoring Site Condition Monitoring 6.1 Compliance Monitoring 6.2 Review of Existing Consents 6.3 Argyll Marine Special Areas of Conservation

5 EXECUTIVE SUMMARY

6 EXECUTIVE SUMMARY Argyll Marine Special Areas of Conservation

7 EXECUTIVE SUMMARY Legislative Background Under the Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora), Loch Creran has been designated as a marine Special Area of Conservation (SAC) and has been adopted by the European Commission as a Site of Community Importance (SCI) for its unique assemblage of reefs, both bedrock reefs and biogenic reefs (reefs produced by living organisms) which have been constructed by the serpulid tube worm Serpula vermicularis and the horse mussel Modiolus modiolus. In the marine environment, individuals of Serpula vermicularis are common but in a reef form they are exceptionally rare, occurring in only two other locations in Europe. The Loch Creran reefs are currently the most extensive and the best examples of serpulid reef habitat. Horse mussel beds are relatively common in Scottish west coast waters but are rare in a European context. These biogenic reefs provide significant habitat for a great diversity of marine organisms. However, they are slow growing and extremely susceptible to physical damage. The small amount of bedrock reef in Loch Creran provides substrate for a diversity of sessile organisms. EXECUTIVE SUMMARY Management Forum and Plan The Loch Creran Marine SAC Management Plan represents a progressive working agreement between stakeholders with interests in the present and future management of the loch. Formulation of this management plan has been accomplished through the Argyll Marine SAC Management Forum. The Forum was established in 2003 to provide a community stakeholder-led approach to developing sustainable, realistic and achievable long-term site management for Loch Creran and consists of representatives of competent and relevant authorities, communities around the site, and those working in fishing, aquaculture, recreation, tourism and other marine related industry. The management plan is a tool that competent and relevant statutory authorities can use to help ensure that they are fulfilling the requirements set down by the Habitats Directive when making future development decisions, whilst taking into account the multiple social and economic dependencies of the area. It is also a reference for those wishing to develop or use the area, to determine if their proposed activities are compatible with the requirements of the Habitats Directive. Social and Economic Importance of Firth of Lorn Loch Creran is commercially and recreationally significant, supporting numerous activities of social, economic and environmental importance to the surrounding rural communities. Local industry and businesses include finfish and shellfish aquaculture, static and mobile gear fishing, fish farm cage construction, boat storage, boat mooring facilities, sea freight, fish processing and the Scottish Sea Life Sanctuary. Recreational pursuits encompass sailing, sea kayaking, wildlife watching and scuba diving. Of this large diversity of activities, many have little impact on the conservation interests of the site. However, some have the potential to impact significantly on the serpulid reef and horse mussel beds. Activity Management The Forum has reviewed activities occurring within the site and management actions have been developed in an attempt to mitigate damage to the Loch Creran reefs. Current legislative procedures for regulating each activity are outlined and suggestions are provided, based on the existing legal framework, as to the future management of each activity within the site. LOCH CRERAN

8 EXECUTIVE SUMMARY Fishing Due to the fragility of the serpulid reefs and horse mussel beds, all fishing methods have the potential to cause serious physical damage. Therefore, the Forum developed a zoning plan for the loch that restricts fishing within areas where serpulid reefs and horse mussel beds are located. The zoning plan takes account of the local economic importance of fishing activities and no-fishing areas have been identified on the basis of various depth contours, allowing continued fishing opportunities in large areas of the loch. Although some Forum members believed that the zoning plan would not afford the necessary protection to the conservation interests of the site, in 2006, the Scottish Executive took the decision to zone Loch Creran to prevent all types of fishing in areas of serpulid reef and horse mussel bed and to close the loch completely to scallop dredging. As horse mussel beds are slow growing and vulnerable to over-fishing by commercial divers, the Forum recommends that harvesting from the horse mussel bed is prohibited. Aquaculture The potential impact of finfish aquaculture on serpulid reefs has been recognised and mitigation efforts have already been adopted by moving salmon cages into deeper water away from serpulid reef areas. Future development of finfish and shellfish aquaculture will be assessed by the relevant regulatory authorities with due consideration of Loch Creran's conservation interests. Mooring and Anchoring Mooring and anchor placement for recreational and commercial use has the potential to cause significant physical damage to the conservation interests of the site. The Forum recommends that relevant/competent authorities ensure that future mooring placement be preceded by diver survey to check the area is clear of serpulid reefs and horse mussel beds before moorings are dropped. The dive survey should follow the methodology in the Loch Creran Marine SAC: Private and Commercial Moorings Pack. To mitigate potential damage from anchors, preferred anchorage areas have been identified around the loch and are shown within the zoning plan for the site. Loch users will be encouraged to use these sites and will be made aware of the SAC designation through educational and interpretive materials. Coastal Development Future coastal land use or marine development related plans or projects would be subject to the Habitats Regulations. If a development is proposed which is not directly connected with or necessary to the management of the site and is likely to have a significant effect on the conservation interests, the relevant or competent authority must undertake an appropriate assessment. The necessary consents will only be granted if it can be shown that there will be no impact on the conservation interests of the site. The appropriate assessment procedure will also apply to potentially impacting developments in other sectors. Argyll Marine Special Areas of Conservation

9 EXECUTIVE SUMMARY Monitoring Loch Creran Although monitoring is not a requirement of the Habitats Directive, surveillance and reporting on site status to the European Commission every six years is necessary. In order to meet this reporting requirement, Scottish Natural Heritage (SNH) will monitor all marine SACs once every six years. SNH have agreed to consult with the Forum before any monitoring takes place to identify areas that may be sensitive to impact or in need of specific monitoring. Future Management Plan Development and Implementation The Forum will continue to meet annually, or when necessary, to review and update the plan to reflect changing environmental and economic circumstances. Argyll and Bute Council will coordinate the implementation of the management actions and the plan will be updated to detail implementation progress. EXECUTIVE SUMMARY LOCH CRERAN

10 EXECUTIVE SUMMARY Argyll Marine Special Areas of Conservation

11 INTRODUCTION 1

12 1 INTRODUCTION Argyll Marine Special Areas of Conservation

13 INTRODUCTION 1.1 The Habitats Directive Under the Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora), the Firth of Lorn has been designated as a marine Special Area of Conservation (SAC) and has been adopted by the European Commission as a Site of Community Importance (SCI). The Firth of Lorn is also part of a European-wide network of sites known as Natura Natura 2000 is the collective title for Special Areas of Conservation (SACs) designated under the Habitats Directive and Special Protection Areas (SPAs) designated under the Birds Directive (Council Directive 79/409/EEC on the Conservation of Wild Birds). These designations are in place to conserve important natural habitats and species of wildlife that are rare, endangered or vulnerable in the European Community. The Habitats Directive 1.1 The implementation of the Habitats Directive is transposed into domestic legislation by the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended by the Conservation (Natural Habitats &c.) Amendment (Scotland) Regulations 2004), referred to as the Habitats Regulations. Responsibility is placed on the government to protect the integrity of SACs and ensure that existing site use and all future development is compliant with the requirements of the Habitats Directive. FIRTH OF LORN

14 Argyll Marine SAC Management Forum Argyll Marine SAC Management Forum The Habitats Regulations require statutory authorities or organisations with functions relevant to the marine environment (competent and relevant authorities) to exercise those functions so as to secure compliance with the Habitats Directive and manage SACs for the future. The term competent authority describes any Minister, government department, public or statutory undertaker, public body or person holding a public office that exercises statutory powers. Relevant authorities are those competent authorities who have powers or functions directly related to the marine environment. The Argyll Marine SAC Management Forum was established in February 2003 and includes relevant and competent statutory authorities, and representatives of local communities and businesses (Appendix I). It has been the responsibility of the Forum to meet and discuss issues relating to the management of the site and to agree the management actions that form the basis of this management plan. Argyll Marine Special Areas of Conservation

15 INTRODUCTION 1.3 Aims of the Management Plan The management plan is a tool that the competent and relevant statutory authorities can use to help ensure that they are fulfilling the requirements set down by the Habitats Directive when making future development decisions, whilst taking into account the multiple social and economic dependencies of the area. It is also a reference for those wishing to develop or use the area, to determine if their proposed activities are compatible with the requirements of the Habitats Directive. The management plan considers and assesses each activity that has the potential to have an impact on the conservation interests of the site. It identifies current legislative policy relating to the regulation of each activity and provides suggestions, based on the existing legal framework, as to the future management of each activity within the site. Aims of the Management Plan 1.3 The Habitats Directive has a number of major requirements relating to the management of marine SACs and this plan has been developed to help ensure that these are achieved: Management should enable the natural habitat types and the species concerned to be maintained or, where appropriate, restored to favourable conservation status. Steps must be taken to avoid deterioration of the habitats and disturbance of species for which the site has been designated. A report should be submitted to the European Commission Environment Directorate General every 6 years, which includes an evaluation of the effectiveness of management measures and also the results of the surveillance of the conservation status of the natural habitats and species. Activities, plans or projects that are not connected to nature conservation management and likely to have a significant effect upon the qualifying features of the site, must be subject to an appropriate assessment. Where it cannot be ascertained that a development will not have an adverse effect on the conservation interests of the site, it should only be permitted if there is no alternative solution and there are imperative reasons of over-riding public interest, including those of a social or economic nature. The plan has a holistic view on sustainable development, considering the needs of users of the marine environment, including local industries and communities, and should make for more informed decision-making. The process by which it has been derived has built partnerships and opened lines of communication between those who have a direct interest in the site. The plan has been developed in such a way that it is a 'living document' that can be adapted to reflect changing environmental and economic circumstances. FIRTH OF LORN

16 1 INTRODUCTION Argyll Marine Special Areas of Conservation

17 SITE OVERVIEW 2

18 2 SITE OVERVIEW Argyll Marine Special Areas of Conservation

19 SITE OVERVIEW 2.1 Site Description Situated at the southern end of the Loch Linnhe, Loch Creran is a typical fjordic sea loch with a constricted opening into the Lynn of Lorn at Eriska. The loch has a mean depth of 13.4 m and a low water area of km 2. Spring tidal currents in excess of 4 knots occur over a shallow rocky sill at the loch entrance. Loch Creran is divided into a large lower basin and a small upper basin, separated by silled narrows at Creagan. The lower basin is further divided into three basins of 14 m, 27 m and 49 m maximum depths. The loch is a typically well-mixed system although temperature and salinity gradients are common, particularly during periods of high rainfall or snowmelt. Salinities in the lower basin of the loch are generally in the range of and temperatures range from a low of around 6 C to a high of C. Loch Creran is very sheltered from wave action, which is reflected in the mud and fine sand that characterise the bottom sediments. Site Description 2.1 The Loch Creran Marine SAC (Figure 2.1) is a site of international conservation importance for its biogenic reefs. The site also contains several distinct outcrops of bedrock reef and this habitat has also been included as one of the sites conservation interests. Figure 2.1 LOCH CRERAN

20 Reasons for Designation Reasons for Designation: Reefs (Biogenic and Bedrock) Serpulid reefs Loch Creran is particularly notable for biogenic reefs made by the calcareous-tube fanworm Serpula vermicularis, which occur at depths of 1-13 m below chart datum around the periphery of the loch (Figure 2.2.). This species has a worldwide distribution but the development of reefs is extremely rare: Loch Creran is the only known site in the UK to contain living S. vermicularis reefs. S. vermicularis reefs have been reported in Galway, Ireland, although their development is limited. However, recent evidence suggests that the extent of these reefs may be increasing. Serpulid reefs are also found in the Bay of Naples, Italy, although it is likely that these reefs are formed by a different species. The Loch Creran serpulid reefs occur on very sheltered plains of muddy and fine sand. The upper and lower limits of the depth range are characterised by small and relatively sparse reefs. High densities of larger reefs occur in depths of 6-10 m below chart datum and form a narrow band around much of the sublittoral fringe of the loch. Individual reefs in Loch Creran can reach up to 75 cm in height and 1 m in diameter. However, adjacent reefs may combine to form structures up to 3 m in diameter. The intricate structures of the serpulid reefs increase habitat complexity and are colonised by a species-rich assemblage including hydroids, sea squirts, worms, sponges and crustaceans, which live on or amongst the unusually dense aggregations of S. vermicularis. Over 2,500 animals have been counted on a single reef, comprising over 70 different species. Horse mussel beds/reefs Dense raised conglomerations of the horse mussel Modiolus modiolus also occur in Loch Creran, forming biogenic reefs at depths of 7->25 m below chart datum. The most extensive horse mussel bed, approximately 750 m long, is situated to the east of Dallachulish in the sheltered upper basin of the loch. Smaller areas of horse mussel bed occur to the north and west of Eriska and west of the Creagan Bridge. Horse mussel beds are composed of horse mussels bound together with sediments, stones and shells. The horse mussel bed acts as a hard substrate for the attachment of sessile organisms and has a strong stabilising influence on the sediment. The beds are characterised by an abundant species-rich assemblage of flora and fauna that is more diverse than the adjacent muddy seabed, and includes solitary sea squirts, sponges, bivalves, hydroids, and many crustaceans and echinoderms. Horse mussel beds are relatively common in Scottish west coast waters but are rare in a European context. They are considered to be habitats of high conservation value and an important element of Scotland's marine biodiversity. Bedrock reefs Localised areas of bedrock reef occur within the loch, most notably in the area to the east of the Creagan Narrows but also in some locations in the lower basin. These support further species-rich assemblages and add additional habitat complexity to the loch ecosystem. Argyll Marine Special Areas of Conservation

21 SITE OVERVIEW Location of the Features of Conservation Interest Reasons for Designation 2.2 Horse Mussel Bed Serpulid Reefs Bedrock Reefs Figure 2.2 LOCH CRERAN

22 2 SITE OVERVIEW Argyll Marine Special Areas of Conservation

23 MANAGEMENT OBJECTIVES 3

24 3 MANAGEMENT OBJECTIVES Argyll Marine Special Areas of Conservation

25 MANAGEMENT OBJECTIVES 3.1 Conservation Objectives Qualifying Interest - Reefs (Biogenic and Bedrock) Under Regulation 33(2) of the Habitats Regulations, Scottish Natural Heritage (SNH) has a responsibility to develop conservation objectives and provide information on the potential impact of activities on the qualifying interests* for each marine SAC. Advice on the potential impact of activities that occur within the site is provided to assist and focus the competent and relevant authorities in their consideration of the management of these activities. The advice includes operations that may not be occurring at present within the Loch Creran marine SAC and is included as Appendix IIB. The conservation objectives for the Loch Creran SAC are as follows: To avoid deterioration of the qualifying interest (biogenic and bedrock reefs) therefore ensuring that the integrity of the site is maintained and the site makes an appropriate contribution to achieving favourable conservation status for each of the qualifying interests. Conservation Objectives 3.1 To ensure for the qualifying interests that the following are maintained in the long term: Extent of the habitat on site Distribution of the habitat within site Structure and function of the habitat Processes supporting the habitat Distribution of typical species of the habitat Viability of typical species as components of the habitat No significant disturbance of typical species of the habitat * For the purposes of this document, the term 'qualifying interests' is used interchangeably with 'conservation interests' throughout. Non-qualifying Interest Otter (Lutra lutra) and common seal (Phoca vitulina) are listed as non-qualifying Habitats Directive Annex II species for Loch Creran. As a non-qualifying interest, consideration under the appropriate assessment procedure (Appendix III) is not required. However, SNH recommend that these species should be given consideration by the relevant and competent authorities when assessing development proposals. Common Seals LOCH CRERAN

26 Conservation Objectives 3.1 European Protected Species Annex IV of the Habitats Directive lists a number of marine species in need of strict protection. These European Protected Species (EPS) are to be protected wherever they occur. The following marine species, which are present in UK waters, are listed within the Habitats Directive as species in need of strict protection: Cetacea (all species) Otter - Lutra lutra European Sea Sturgeon - Acipenser sturio Loggerhead Turtle - Caretta caretta Green Turtle - Chelonia mydas Kemp's Ridley Turtle - Lepidochelys kempii Hawksbill Turtle - Eretmochelys imbricata Leatherback Turtle - Dermochelys coriacea Argyll Marine Special Areas of Conservation

27 3.2 Sustainable Economic Development Objectives MANAGEMENT OBJECTIVES The Habitats Directive makes clear provision for the economic, social and cultural needs of local people when considering management measures for marine SACs. Many in the local community are dependent on undertaking activities within the Loch Creran marine SAC to make a living and this plan seeks to develop management actions which balance social and economic needs with the requirement to conserve the area's unique environmental resources. Sustainable Economic Development Objectives The Loch Creran marine SAC designation does not preclude future development within the area, as long as the proposed developments do not impact significantly upon the conservation interests of the site. Indeed, site designation should contribute socially and economically to the local community. There should be opportunities to promote and develop local businesses that may benefit from the SAC designation, for example, in marine SAC produce marketing and tourism. Overall, there should be a presumption that any resource use is done in a way that is sustainable and compatible with the requirements of the Habitats Directive. 3.2 LOCH CRERAN

28 3 MANAGEMENT OBJECTIVES Argyll Marine Special Areas of Conservation

29 ACTIVITIES AND MANAGEMENT MEASURES 4 This section of the plan provides an overview of all the activities occurring within the SAC at present. For each activity, the current level is determined, details of the existing regulatory framework provided, the potential impacts assessed, and based on these considerations, management actions are suggested in order to guide the future development of that activity within the SAC. This section provides a quick reference tool for regulators and developers to ensure that site use is sustainable and activities are compatible with the requirements of the Habitats Directive.

30 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

31 ACTIVITIES AND MANAGEMENT MEASURES 4.1 Management of Fishing Activities The sea fishing industry is an important component of the rural economy of Argyll. The fisheries sector has a long tradition and has established the area as an important national supplier of high quality seafood. Within Argyll, the fishing fleet is largely inshore and local fishermen are split into two distinct groups: those operating mobile gear and those operating static gear. Mobile gear fisheries include trawling for prawns (Nephrops norvegicus) and dredging for King scallops (Pecten maximus) and Queen scallops (Aequipecten opercularis). Static gear fisheries involve setting creels, pots or nets for a variety of shellfish species. Initially a relatively small sector, the static gear fleet has grown significantly as new European markets have opened up for live prawns, crabs and other species. In the area north of Crinan, which includes Loch Creran, those fishing static gear are economically the most significant. A successful commercial diving industry for a variety of shellfish species also takes place throughout the area. Management of Fishing Activities 4.1 LOCH CRERAN

32 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

33 ACTIVITIES AND MANAGEMENT MEASURES Benthic Dredging Description of Activity In the past Loch Creran provided reasonable grounds for the dredging of King (Pecten maximus) and Queen (Aequipecten opercularis) scallops. However, in recent times stocks have been depleted and fishermen report that the scallop fishery within the loch is not viable. At the present time, scallop dredging is limited to occasional prospecting during poor weather conditions, as the loch is a sheltered alternative to fishing Loch Linnhe and other more exposed areas. Competent/Relevant Authority Responsibilities Benthic Dredging Competent/Relevant Authority Responsibilities Argyll and Bute Council - Protective Services Food Standards Agency Scottish Executive Environment and Rural Affairs Department - Sea Fisheries Division Scottish Natural Heritage Shellfish toxin sample collection. Responsible for decisions relating to closures of scallop grounds when shellfish toxin levels exceed internationally recognised limits. Responsible for inshore fisheries management, policy and regulation. Provide advice concerning nature conservation interest of marine and coastal area. Potential Impacts Serpulid reef distribution within Loch Creran is generally between the depths of 6-13 m and rarely more than 15 m below chart datum. An extensive area of horse mussel bed is located in the upper basin and 3 smaller areas of horse mussel bed occur to the north and west of Eriska and west of the Creagan Bridge. These beds can reach depths in excess of 25 m. Therefore, potential exists for fishing related activities to come into direct contact with these interests. Bedrock reef outcrops in mobile gear fishing areas are generally avoided to prevent damage to fishing gear. Serpulid reefs and horse mussel beds are fragile habitats, highly sensitive to physical disturbance, and can be damaged by mobile fishing gear. There is potential for dredge gear to come into direct contact with the conservation interests while gear is manoeuvred in the restricted area of the loch. Additionally, dredge-disturbed sediments could smother serpulid reefs, horse mussel beds and their associated fauna and flora. Nomadic fishermen visiting the area, who are unaware of the existence of the serpulid reefs and horse mussel beds, may increase the potential for damage. LOCH CRERAN

34 Management Action Benthic Dredging In 2004, the Forum developed a zoning plan for the loch to restrict fishing within areas where serpulid reefs and horse mussel beds are located. The zoning plan took account of the local economic importance of fishing activities and no-fishing areas were identified on the basis of various depth contours. Although accepted by the majority of the Forum, including all fishing industry representatives, not all Forum members believed that the zoning plan would afford the necessary protection to the conservation interests of the site. Consequently, the Scottish Executive, the competent authority charged with regulating inshore fisheries, were required to make a decision taking account of discussions at Forum meetings, comments on management plan drafts and conservation advice from SNH. However, the Forum proposed the following management measures: The Forum recommended that any measures introduced by the Scottish Executive should be statutory. Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, through local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists. In 2006, the Scottish Executive took the decision to close Loch Creran to scallop dredging. In March 2007, The Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order 2007 came into force to prohibit scallop dredging within the loch. Argyll Marine Special Areas of Conservation

35 ACTIVITIES AND MANAGEMENT MEASURES Benthic Trawling Description of Activity Benthic trawling in Loch Creran is for prawns (Nephrops norvegicus) and takes place on muddy sediment in deeper parts of the loch. At present, there is only one prawn trawler who regularly works within the Loch Creran marine SAC area. Competent/Relevant Authority Responsibilities Competent/Relevant Authority Responsibilities Benthic Trawling Scottish Executive Environment and Rural Affairs Department - Sea Fisheries Division Scottish Natural Heritage Responsible for inshore fisheries management, policy and regulation. Provide advice concerning nature conservation interest of marine and coastal area. Potential Impacts Serpulid reef distribution within Loch Creran is generally between the depths of 6-13 m and rarely more than 15 m below chart datum. An extensive area of horse mussel bed is located in the upper basin and 3 smaller areas of horse mussel bed occur to the north and west of Eriska and west of the Creagan Bridge. These beds can reach depths in excess of 25 m. Therefore, potential exists for fishing related activities to come into direct contact with these conservation interests. Bedrock reef outcrops in mobile gear fishing areas are generally avoided to prevent damage to fishing gear. Serpulid reefs and horse mussel beds are fragile habitats, highly sensitive to physical disturbance, and can be damaged by mobile fishing gear. There is potential for trawl gear to come into direct contact with the conservation interests while gear is manoeuvred in the restricted area of the loch. Additionally, sediments disturbed by trawling in close proximity could smother serpulid reefs, horse mussel beds and their associated fauna and flora. Nomadic fishermen visiting the area, who are unaware of the existence of the serpulid reefs and horse mussel beds, may increase the potential for damage. Management Action In 2004, the Forum developed a zoning plan for the loch to restrict fishing within areas where serpulid reefs and horse mussel beds are located. The zoning plan took account of the local economic importance of fishing activities and no-fishing areas were identified on the basis of various depth contours. Although accepted by the majority of the Forum, including all fishing industry representatives, not all Forum members believed that the zoning plan would afford the necessary protection to the conservation interests of the site. Consequently, the Scottish Executive, the competent authority charged with regulating inshore fisheries, were required to make a decision taking account of discussions at Forum meetings, comments on management plan drafts and conservation advice from SNH. (continued overleaf) LOCH CRERAN

36 However, the Forum proposed the following management measures: Benthic Trawling The Forum recommended that any measures introduced by the Scottish Executive should be statutory. Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, through local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists The Scottish Executive took the decision to regulate fishing within Loch Creran to prevent damage to areas of serpulid reef and horse mussel bed under The Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order A statutory zoning plan (Appendix IV), adapted from the zoning plan originally proposed by the Forum, has been developed to manage fishing within Loch Creran. Fishing is only permitted outwith the designated exclusion zones 1, 2 and 3. Additional prohibitions: Trawlers >10 m in overall length are prohibited from fishing within Loch Creran. Fishing by means of a trawl in upper Loch Creran is prohibited. Argyll Marine Special Areas of Conservation

37 ACTIVITIES AND MANAGEMENT MEASURES Creel Fishing Description of Activity Creel fishing for prawns (Nephrops norvegicus) and velvet swimming crab (Necora puber) occurs within Loch Creran. At present, creeling for velvet swimming crab is mostly concentrated between the loch entrance and South Shian, and in the upper basin beyond the Creagan Narrows. However, there is potential for velvet crabs to be targeted in and around the serpulid reefs. Creeling for prawns is most common in deeper water on muddy substrate. Competent/Relevant Authority Responsibilities Creel Fishing Competent/Relevant Authority Scottish Executive Environment and Rural Affairs Department - Sea Fisheries Division Scottish Natural Heritage Responsibilities Responsible for inshore fisheries management, policy and regulation. Provide advice concerning nature conservation interest of marine and coastal area. Potential Impacts Serpulid reef distribution within Loch Creran is generally between the depths of 6-13 m and rarely more than 15 m below chart datum. An extensive area of horse mussel bed is located in the upper basin and 3 smaller areas of horse mussel bed occur to the north and west of Eriska and west of the Creagan Bridge. These beds can reach depths in excess of 25 m. Therefore, potential exists for fishing related activities to come into direct contact with these qualifying interests. Serpulid reefs are a fragile habitat, highly sensitive to physical disturbance and therefore can be damaged through creel fishing activities. Creels can weigh in excess of 20 kg and when dropped in fleets in areas of serpulid reef, there is a threat of creels landing on the reefs and causing serious damage. Furthermore, during gear retrieval creels can be dragged along the seabed, potentially causing impacts to a larger area. Horse mussel beds and bedrock reefs are more robust to this type of fishing. Management Action In 2004, the Forum developed a zoning plan for the loch to restrict fishing within areas where serpulid reefs and horse mussel beds are located. The zoning plan took account of the local economic importance of fishing activities and no-fishing areas were identified on the basis of various depth contours. Although accepted by the majority of the Forum, including all fishing industry representatives, not all Forum members believed that the zoning plan would afford the necessary protection to the conservation interests of the site. Consequently, the Scottish Executive, the competent authority charged with regulating inshore fisheries, were required to make a decision taking account of discussions at Forum meetings, comments on management plan drafts and conservation advice from SNH. (continued overleaf) LOCH CRERAN

38 However, the Forum proposed the following management measures: Creel Fishing The Forum recommended that any measures introduced by the Scottish Executive should be statutory. Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, through local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists The Scottish Executive took the decision to regulate fishing within Loch Creran to prevent damage to areas of serpulid reef and horse mussel bed under The Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order A statutory zoning plan (Appendix IV), adapted from the zoning plan originally proposed by the Forum, has been developed to manage fishing within Loch Creran. Creel fishing is only permitted outwith the designated exclusion zones 1, 2 and 3, and within the permitted creeling area in the upper loch. Argyll Marine Special Areas of Conservation

39 ACTIVITIES AND MANAGEMENT MEASURES Whelk Fishing Description of Activity Although not a common fishery in the area, whelk (Buccinus undatum) fishing has occurred in Loch Creran in the past. On account of economic viabilities, whelk fishing activities were discontinued. However, it has been included in this plan due to the possibility that this fishery may re-open in the future. Whelk Fishing Competent/Relevant Authority Responsibilities Competent/Relevant Authority Scottish Executive Environment and Rural Affairs Department - Sea Fisheries Division Scottish Natural Heritage Responsibilities Responsible for inshore fisheries management, policy and regulation. Provide advice concerning nature conservation interest of marine and coastal area. Potential Impacts Serpulid reef distribution within Loch Creran is generally between the depths of 6-13 m and rarely more than 15 m below chart datum. An extensive area of horse mussel bed is located in the upper basin and 3 smaller areas of horse mussel bed occur to the north and west of Eriska and west of the Creagan Bridge. These beds can reach depths in excess of 25 m. Therefore, potential exists for fishing related activities to come into direct contact with these conservation interests. Serpulid reefs and horse mussel beds are fragile habitats, highly sensitive to physical disturbance and therefore can be damaged when whelk fishing gear is dropped on the seabed. The equipment used is very heavy, consisting of a series of concrete weighted buckets distributed along lengths of rope. A leaded sinking line runs from the equipment on the seabed to a marker float so that excess line does not float on the surface. When dropped, the pots have the potential to cause extensive damage to the biogenic reefs. When retrieved, pots may be dragged along the seabed potentially causing impacts to a larger area. In addition, the leaded lines can also become tangled around the serpulid reefs and horse mussel beds causing further impact. Management Action In 2004, the Forum developed a zoning plan for the loch to restrict fishing within areas where serpulid reefs and horse mussel beds are located. The zoning plan took account of the local economic importance of fishing activities and no-fishing areas were identified on the basis of various depth contours. Although accepted by the majority of the Forum, including all fishing industry representatives, not all Forum members believed that the zoning plan would afford the necessary protection to the conservation interests of the site. (continued overleaf) LOCH CRERAN

40 Consequently, the Scottish Executive, the competent authority charged with regulating inshore fisheries, were required to make a decision taking account of discussions at Forum meetings, comments on management plan drafts and conservation advice from SNH. Whelk Fishing However, the Forum proposed the following management measures: The Forum recommended that any measures introduced by the Scottish Executive should be statutory Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, through local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists. The Scottish Executive took the decision to regulate fishing within Loch Creran to prevent damage to areas of serpulid reef and horse mussel bed under The Inshore Fishing (Prohibited Methods of Fishing) (Loch Creran) Order A statutory zoning plan (Appendix IV), adapted from the zoning plan originally proposed by the Forum, has been developed to manage fishing within Loch Creran. Whelk fishing is only permitted outwith the designated exclusion zones 1, 2 and 3, and within the permitted creeling area in the upper loch. Argyll Marine Special Areas of Conservation

41 ACTIVITIES AND MANAGEMENT MEASURES Shellfish Diving Description of Activity Loch Creran currently supports a small number of shellfish divers targeting palourde (Tapes decussatus), horse mussel (Modiolus modiolus), King scallop (Pecten maximus) and Queen scallop (Aequipecten opercularis). Although commercial divers are not thought to be working within serpulid reef areas, they do collect shellfish from the horse mussel beds in the loch. Shellfish Diving Competent/Relevant Authority Responsibilities Competent/Relevant Authority Responsibilities Argyll and Bute Council - Protective Services Scottish Executive Environment and Rural Affairs Department - Sea Fisheries Division Scottish Natural Heritage Shellfish toxin sample collection. Responsible for inshore fisheries management, policy and regulation. Provide advice concerning nature conservation interest of marine and coastal area. Potential Impacts Although diving is generally recognised as an environmentally sound and selective way of fishing, intensive gathering of shellfish may cause minor, localised damage to associated communities and depletion of the target species population. Removal of horse mussels and other shellfish from horse mussel beds has a direct impact on this habitat as a result of the physical damage that occurs when shellfish are levered and dislodged. Additionally, given the slow growth rate of the horse mussel, removal of mussels is unlikely to be sustainable. Management Action The Forum recommends that statutory measures should be introduced to prohibit harvesting from horse mussel beds in Loch Creran. LOCH CRERAN

42 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

43 4.2 Management of Gathering and Harvesting ACTIVITIES AND MANAGEMENT MEASURES Bait collected around the Scottish shoreline includes ragworms, lugworms and shore crabs. A wide range of species, predominantly molluscs, are collected for food and occasionally bait, including winkles (Littorina sp.), mussels (Mytilus edulis), cockles (Cerastoderma edule) razor shells (Ensis spp.) and carpet shells (e.g. Venus sp.). Excavations of prehistoric shellfish middens suggest winkles were an important source of food as long ago as 7500 BC in Scotland. Nowadays, winkles are still collected in vast quantities but are mostly exported to a Continental market. Management of Gathering and Harvesting 4.2 LOCH CRERAN

44 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

45 ACTIVITIES AND MANAGEMENT MEASURES Shellfish and Bait Collection Description of Activity Native mussels (Mytilus edulis) and native oysters (Ostrea edulis) are property of the Crown and their collection from the wild is not permitted without a licence from The Crown Estate. There are currently no Crown Estate licences for the commercial collection of native mussels or oysters within the SAC. Intensive winkle (Littorina sp.) collection takes place on accessible foreshore around Loch Creran. Commercial bait collection is not thought to take place within the site at present. Permission from the landowner is required before undertaking any commercial bait collection for non-'sea fish' classified species e.g. bait worms. However, there is a public right to collect crabs for bait as these are classified as 'sea fish'. Shellfish and Bait Collection Competent/Relevant Authority Responsibilities Competent/Relevant Authority Argyll and Bute Council - Protective Services Scottish Executive Environment and Rural Affairs Department - Sea Fisheries Division Scottish Natural Heritage The Crown Estate Responsibilities Shellfish toxin and water quality sample collection. Issue shellfish licences with the Food Standards Agency. Responsible for inshore fisheries management, policy and regulation. Provide advice concerning nature conservation interest of marine and coastal area. Licence for the commercial collection of intertidal native mussels and oysters. Potential Impacts No deterioration of subtidal biogenic and bedrock reef habitats occurs in relation to this activity. Management Action No action is necessary for this activity in relation to the conservation interests of the site. LOCH CRERAN

46 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

47 4.3 Management of Aquaculture Activities ACTIVITIES AND MANAGEMENT MEASURES The finfish farming industry in Argyll and Bute is based principally on salmon and trout, although increasingly, the area is becoming an important location for the commercial development of other farmed species such as halibut, cod and turbot. In terms of economic importance, salmon cultivation is the predominant enterprise. Argyll and Bute is also a nationally important area for shellfish production. The common species under cultivation are the mussel (Mytilus edulis), Pacific oyster (Crassostrea gigas), King scallop (Pecten maximus) and Queen scallop (Aequipecten opercularis). Shellfish production is an important component of the Argyll economy. Management of Aquaculture Activities 4.3 LOCH CRERAN

48 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

49 ACTIVITIES AND MANAGEMENT MEASURES Finfish Farming Description of Activity Within Loch Creran, there is currently one salmon farm owned and managed by Scottish Sea Farms Ltd. Scottish Sea Farms Ltd. hold seabed leases and discharge consents for two sites within the lower basin of the loch, Creran A and Creran B. These sites are used in rotation, allowing fallowing periods at each site. Fish are harvested from the farm to a processing plant located on the loch shore. Processing plant activities are considered in Location of Salmon Leases L O C H C R E R A N Creran A Creran B Salmon Pumpashore Facility Finfish Farming Competent/Relevant Authority Responsibilities Competent/Relevant Authority Argyll and Bute Council Argyll Fisheries Trust District Salmon Fisheries Board Maritime and Coastguard Agency Northern Lighthouse Board Scottish Environment Protection Agency Scottish Executive Scottish Executive Enterprise, Transport and Lifelong Learning Department - Transport Division Responsibilities Planning Services: provide recommendation on development consent* to The Crown Estate. Non-statutory consultee on marine aquaculture lease renewal, lease amendments, new sites and EIAs through the Rivers and Fisheries Trusts Scotland. Partner to the Area Management Agreement (AMA) process. Statutory consultee on marine aquaculture lease renewal, lease amendments, new sites and EIAs. Area Management Agreement partner. Responsibility for preventing hazards to navigation and ensuring sea safety compliance for aquaculture floating facilities and vessels. Consulted at public consultation stage on Coast Protection Act 1949 Section 34 consent. Responsibility for preventing hazards to navigation. Consulted at public consultation stage on Coast Protection Act 1949 Section 34 consent. Regulate discharges through the Water Environment (Controlled Activities) Regulations 2005 by issuing CAR authorisations and monitor authorised discharges. Statutory consultee for seabed lease. Statutory consultee on marine aquaculture applications. Responsibility to prevent hazards to navigation. Issue Coast Protection Act 1949 Section 34 consent. LOCH CRERAN

50 Competent/Relevant Authority Responsibilities Finfish Farming Scottish Executive Environment and Rural Affairs Department - Fisheries Research Services Scottish Executive Environment and Rural Affairs Department - Sea Fisheries Division Scottish Natural Heritage The Crown Estate Issue Food and Environment Protection Act 1985 licence for fish farm developments such as jetties, piers, slipways and outfalls. Fish health responsibilities. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisation. Comment on fishing implications relating to marine aquaculture applications. Statutory consultee on seabed lease, development consent and Coast Protection Act 1949 Section 34 consent. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisation. Issue seabed lease and development consent*. * In relation to finfish farm developments, under the interim arrangements The Crown Estate presently issue both the seabed lease and development consent. Full statutory responsibility for granting the development consent is to be transferred to the local planning authority when the legislation is implemented. Potential Impacts Finfish farming can have a number of associated environmental effects such as benthic organic enrichment, a reduction in water quality, seabed damage from mooring placement and impacts through the transfer of diseases and parasites between farmed and wild salmonids. Most impacts are localised but the restricted nature of sea lochs may exacerbate these effects. Benthic organic enrichment through waste food and faeces and water quality deterioration may have a detrimental effect on the features of conservation interest. Furthermore, with any future fish farm development there may be concerns over cumulative impacts on water quality. Moorings are potentially the most significant aspect of the finfish farming industry in Loch Creran because of the physical damage that could be caused to fragile serpulid reefs and horse mussel beds when moorings are placed on the seabed. At present there are limited concerns relating to the finfish farming industry within Loch Creran. These concerns relate to the assimilative capacity of the loch and the maintenance of water quality. However, all aspects of the industry are regulated. Finfish farm effluents are subject to on-going monitoring and SEPA have no concerns relating to water quality or organic enrichment at present. SEPA have undertaken an appropriate assessment of the Loch Creran finfish farm sites as required by the Habitats Regulations. The assessment has determined that the current sites do not pose any threat to the conservation interests of the loch. The location of the fish farm is acceptable; both sites are located in water deeper than 15 m below chart datum, therefore, direct physical impact to the serpulid reefs is unlikely. Damage to the horse mussel beds is of no concern as they are not situated near current finfish farming activities. Argyll Marine Special Areas of Conservation

51 ACTIVITIES AND MANAGEMENT MEASURES Management Action All aspects of future finfish farm developments will be subject to the Habitats Regulations. If a development is proposed which is likely to have a significant effect on the conservation interests of the site an appropriate assessment will be required (Appendix III). The necessary consents will only be granted if it can be shown that there will be no impact on the conservation interests of the site. The Forum recommends that relevant/competent authorities ensure that any future finfish farming developments are not sited over biogenic reefs, as there is potential for smothering from organic waste products. The Forum recommends that relevant/competent authorities ensure that future placement of finfish farm moorings be preceded by a diver survey to check the area is clear of biogenic reef before moorings are dropped. This survey should follow the methodology outlined in the Loch Creran Marine SAC: Private and Commercial Moorings Pack available from the Scottish Executive, Ports and Harbours Branch or from The Crown Estate Finfish Farming LOCH CRERAN

52 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

53 ACTIVITIES AND MANAGEMENT MEASURES Shellfish Farming Description of Activity At present there are leases for 4 Pacific oyster (Crassostrea gigas) and 2 mussel (Mytilus edulis) farms within the marine SAC. There is potential for further aquaculture developments in the future. Location of Shellfish Leases Oysters Mussels Shellfish Farming Competent/Relevant Authority Responsibilities Competent/Relevant Authority Argyll and Bute Council Argyll Fisheries Trust District Salmon Fisheries Board Food Standards Agency Maritime and Coastguard Agency Northern Lighthouse Board Scottish Environment Protection Agency Responsibilities Planning Services: Provide recommendation on development consent* to The Crown Estate. Protective Services: Responsible for food safety aspects of aquaculture industry. Issue shellfish licences with Food Standards Agency, collect samples to monitor for toxins and water classification. Non-statutory consultee on marine aquaculture lease renewal, lease amendments, new sites and EIAs through the Rivers and Fisheries Trusts Scotland. Statutory consultee on marine aquaculture lease renewal, lease amendments, new sites and EIAs. Issue shellfish licences with Argyll and Bute Council. Determine shellfish harvesting area classification. Responsibility for preventing hazards to navigation and ensuring sea safety compliance for aquaculture floating facilities and vessels. Consulted at public consultation stage. Responsibility for preventing hazards to navigation. Consulted at public consultation stage. Statutory consultee for seabed lease. Scottish Executive Statutory consultee on marine aquaculture applications. Scottish Executive Enterprise, Transport and Lifelong Learning Department - Transport Division Responsibility to prevent hazards to navigation. Issue Coast Protection Act 1949 Section 34 consent. LOCH CRERAN

54 Competent/Relevant Authority Responsibilities Shellfish Farming Scottish Executive Environment and Rural Affairs Department - Fisheries Research Services Scottish Executive Environment and Rural Affairs Department - Sea Fisheries Division Scottish Natural Heritage The Crown Estate Issue Food and Environment Protection Act 1985 licence for fish farm developments such as jetties, piers, slipways and outfalls. Shellfish toxin and water sample analyses to determine shellfish water classification. Comment on fishing implications relating to marine aquaculture applications. Statutory consultee on seabed lease, development consent, and Coast Protection Act 1949 Section 34 consent. Grant seabed lease and development consent*. * In relation to shellfish farm developments, under the interim arrangements The Crown Estate presently issue both the seabed lease and development consent. Full statutory responsibility for granting the development consent is to be transferred to the local planning authority when the legislation is implemented. Potential Impacts Shellfish farming can have a number of associated environmental effects such as shell debris, benthic organic enrichment and seabed damage from mooring placement. These impacts are generally localised. Potential exists for the introduction of non-native species, although the processes used by shellfish seed suppliers reduce this possibility. Environmental constraints prevent the spread of the non-native Pacific oyster, the most common species of oyster farmed on the west coast of Scotland, as this species is generally unable to reproduce under the conditions afforded by the west coast. There is no formal regulation of shellfish seed supply to shellfish farmers relating to the introduction of non-native species. However, there is regulation by SEERAD to avoid the introduction of diseased stock. As oysters are grown in intertidal areas, they will not have a direct impact on the subtidal biogenic and bedrock reef areas. However, there is the potential for mussel farming to impact the conservation interests if lines are sited directly above reef areas. Benthic organic enrichment and water quality deterioration through faeces and pseudofaeces may have a detrimental effect on the quality of the reef habitats. Moorings are potentially a significant aspect of the mussel farming industry in Loch Creran because of the physical damage that could be caused to fragile serpulid reefs and horse mussel beds when the mussel lines are anchored to the seabed. Management Action At present the Forum have no concerns relating to current shellfish farm developments within Loch Creran. All aspects of future shellfish farm developments will be subject to the Habitats Regulations. If a development is proposed which is likely to have a significant effect on the conservation interests of the site an appropriate assessment will be required (Appendix III). The necessary consents will only be granted if it can be shown that there will be no impact on the conservation interests of the site. Argyll Marine Special Areas of Conservation

55 ACTIVITIES AND MANAGEMENT MEASURES The Forum recommends that relevant/competent authorities ensure that any future mussel farming developments are not sited over biogenic reefs, as there is potential for smothering from shells and organic waste products below shellfish lines. The Forum recommends that relevant/competent authorities ensure that placement of future mussel farming moorings/anchors be preceded by a diver survey to check the area is clear of biogenic reef before they are dropped. This survey should follow the methodology outlined in the Loch Creran Marine SAC: Private and Commercial Moorings Pack available from the Scottish Executive, Ports and Harbours Branch or from The Crown Estate Shellfish Farming LOCH CRERAN

56 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

57 ACTIVITIES AND MANAGEMENT MEASURES 4.4 Management of Recreation and Tourism Activities Marine tourism is a developing sector in Argyll. The dramatic scenery of the coast and islands combined with the rich Celtic heritage and diverse wildlife attract visitors from around the world. Scuba diving, sea angling, wildlife watching and visiting remote uninhabited islands are popular activities for visitors to Argyll. As a result there are numerous charter boat excursions available, offering the chance to see, first hand, the nature of Argyll's marine environment. The west coast of Scotland is also renowned as a prime destination for sailing, with tranquil surroundings and a myriad of secluded anchorages. Marine tourism has important economic implications for the area. A recent overview of the industry estimates that throughout Argyll and the Islands, the marine leisure tourism sector accounts for 600 direct full time equivalent jobs (Stewart Miller Associates in association with John Peden Associates, 2004). There are also significant benefits within the supporting sectors e.g. hotels, guesthouses, B&B's, restaurants, marinas, boatyards and other infrastructure. Management of Recreation and Tourism Activities 4.4 LOCH CRERAN

58 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

59 ACTIVITIES AND MANAGEMENT MEASURES Boat Moorings Description of Activity The sheltered and picturesque nature of Loch Creran and its proximity to the excellent sailing opportunities that the west coast offers makes it an ideal location for the mooring of both recreational yachts and commercial boats. A number of boat moorings are currently located in various sites within the loch, including areas where serpulid reefs are present. Location of Moorings L O C H C R E R A N South Shian Moorings Association Yeoman Morvern Creran Moorings Marine Resource Centre Creagan Inn Visitor Moorings Boat Moorings Competent/Relevant Authority Responsibilities Competent/Relevant Authority Maritime and Coastguard Agency Northern Lighthouse Board Scottish Executive Enterprise, Transport and Lifelong Learning Department - Transport Division Scottish Natural Heritage The Crown Estate Responsibilities Consulted on mooring applications at public consultation stage. Consulted on mooring applications at public consultation stage. Responsibility to prevent hazards to navigation. Issue Coast Protection Act 1949 Section 34 consent for moorings. Statutory consultee on seabed lease and Coast Protection Act 1949 Section 34 consent. Issue seabed lease for moorings and monitor leased moorings. Potential Impacts The placement of new moorings within areas of serpulid reef or horse mussel bed could cause significant physical damage to these habitats. Where moorings are currently located in areas of serpulid reef or horse mussel bed, damage from mooring placement may have already occurred. Removal of these moorings has the potential to cause serious damage to surrounding reefs as they drag and swing whilst being lifted clear of the sea bed. Furthermore, mooring blocks that have been in place for some time are often colonised by clumps of serpulid worms. Relocation of these moorings is therefore not advisable. LOCH CRERAN

60 Management Action Boat Moorings The Forum recommends that existing moorings be left in place where there are concerns that removal could cause damage to areas of biogenic reef. The Forum recommends that relevant/competent authorities ensure that future mooring placement be preceded by a diver survey to check the area is clear of biogenic reef before moorings are dropped. This survey should follow the methodology outlined in the Loch Creran Marine SAC: Private and Commercial Moorings Pack available from the Scottish Executive, Ports and Harbours Branch or from The Crown Estate All aspects of future mooring developments will be subject to the Habitats Regulations. If a development is proposed which is likely to have a significant effect on the conservation interests of the site an appropriate assessment will be required (Appendix III). The necessary consents will only be granted if it can be shown that there will be no impact on the conservation interests of the site. Argyll Marine Special Areas of Conservation

61 ACTIVITIES AND MANAGEMENT MEASURES Anchoring Description of Activity Location of Anchorages The sheltered and picturesque nature of Loch Creran makes it a good location for the anchoring of recreational yachts and a small number of visiting dive boats. It is estimated that from May to September there are approximately an average of two boat nights per week anchoring in South Shian Bay and potentially another two visiting boats anchoring at other locations within the loch every night. L O C H C R E R A N Anchorages currently publicised through Admiralty and Sailing Guides Anchorages to be used to minimise reef damage Anchoring Competent/Relevant Authority Responsibilities Anchoring is not regulated by any relevant or competent authority and is regarded as a public right associated with the public right of navigation. However, the UK Hydrographic Office has taken the view that mariners have a right to anchor in safe areas, but not to the detriment of other activities in the coastal waters of the UK. Potential Impacts Boat anchoring has the potential to cause physical damage to areas of fragile serpulid reef and horse mussel bed. Anchoring is likely to cause more damage than mooring placement, as anchors may be dropped indiscriminately, and they will generally drag before setting. Furthermore, the anchor chain will pivot around the anchor as wind direction and currents change. Therefore, there is potential for large areas of reef to be impacted by anchoring. Management Action Although it is recognised that mariners have a right to anchor in safe areas, the Forum have decided that a strategy of emergency only anchoring within areas of serpulid reef or horse mussel bed should be adopted. In an attempt to discourage indiscriminate anchoring, preferred anchorage areas are identified in the zoning plan for the loch (Appendix IV). The Forum recognise that it will be difficult to ensure that visitors to Loch Creran use these preferred areas. However, mariners will be informed of the locations and encouraged to use them through additions to Admiralty Charts, cruising guides, local information points, the West Highland Anchorages and Moorings Association, West Highlands and Islands Sailing Clubs Association, Royal Yachting Association, yacht charter companies, sailing and yacht clubs. Information may also be provided locally if yachts communicate via VHF with local users. Should future monitoring of the area identify significant anchor damage, byelaws may be applied to prevent anchoring in certain areas. LOCH CRERAN

62 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

63 ACTIVITIES AND MANAGEMENT MEASURES Scuba Diving Description of Activity The west coast of Scotland, particularly areas within Argyll, is renowned for its appeal to scuba diving enthusiasts and this activity is of significant economic importance to the tourism sector. Although diver numbers do increase in the summer months, diving is not just a seasonal activity therefore there are year round economic benefits from this industry. Location of Dive Sites Rubha Garbh Sea Life Sanctuary Bay Creagan Narrows Queenie Reef Scuba Diving When visiting Argyll, the majority of scuba divers tend to concentrate on wrecks within the Sound of Mull and the Firth of Lorn and diver numbers within Loch Creran are comparatively low. However, Loch Creran is a prime diving location offering shallow sheltered sites when the weather is inclement. Diving activities in the loch tend to be concentrated at sites where there is easy access from the road, for example, at Rubha Garbh, Creagan Narrows and 'Queenie Reef'. Competent/Relevant Authority Responsibilities There are no statutory regulations imposed on recreational divers in UK waters. The British Sub-Aqua Club (BSAC) and Scottish Sub-Aqua Club (SSAC) produce Safe Diving Practice Guidelines, which includes guidance on environmental issues, although there is nothing to ensure that all members of BSAC and SSAC adhere to these guidelines. Potential Impacts The fragility of the serpulid reefs makes them particularly vulnerable to physical damage, such as accidental contact from novice divers who may exhibit poor buoyancy control or poor spatial awareness. Intentional removal/collection of pieces of serpulid reef or horse mussel bed will also reduce the integrity of these habitats. Management Action Education is the most appropriate tool to increase awareness of the marine SAC designation and preferred conduct whilst diving in the area. A dive code (Appendix V) has been developed for distribution to all SSAC, BSAC, Sub-Aqua Association (SAA), Professional Association of Diving Instructors (PADI) and National Association of Underwater Instructors (NAUI) clubs. This information will also be available at local air stations and interpretive signage is to be placed at strategic points around the loch. The Forum will reassess their management of diving activities if there are any major increases in diver number or if damage is found to be occurring. LOCH CRERAN

64 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

65 ACTIVITIES AND MANAGEMENT MEASURES Charter Boat Operations Description of Activity At present the Forum is not aware of any charter boats operating sea angling, diving or scenic charters within Loch Creran. However, there may be occasions when chartered sailing yachts use the well-known anchorages within the area. In the future, it is possible that charter boat activities may increase within the site. Charter Boat Operations Competent/Relevant Authority Responsibilities Competent/Relevant Authority District Salmon Fisheries Board Maritime and Coastguard Agency Scottish Natural Heritage Responsibilities Monitor catch returns for recreational fishing for salmon and trout. Responsibility to prevent hazards to navigation, ensure sea safety compliance and coordinate emergency rescues. All boats must comply with the MCA Code of Practice. Requirement to publish Scottish Marine Wildlife Watching Code under Section 51 of the Nature Conservation (Scotland) Act Potential Impacts Other than anchoring, which is covered in 4.4.2, this activity is unlikely to have any impact on the conservation interests of Loch Creran. Management Action No action is required from statutory authorities or through the voluntary approach at present. If the forthcoming Scottish Marine Wildlife Watching Code were followed, no significant impact to wildlife would be expected. The Forum coordinator will ensure that all members are provided with copies of the Scottish Marine Wildlife Watching Code once it is published. LOCH CRERAN

66 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

67 4.5 Management of Effluent Discharges/Dumping ACTIVITIES AND MANAGEMENT MEASURES The assimilative capacity of the marine environment has long been harnessed to receive discharges from anthropogenic sources. In recent years there have been improvements in the quality of discharges in order to meet the requirements set out by the various European Directives that Scotland is committed to implementing e.g. Bathing Waters Directive, Urban Waste Water Treatment Directive and Shellfish Waters Directive. Future improvements will result when the Water Framework Directive is fully implemented. This has direct benefits to Argyll and Bute as clean coastal waters have important economic consequences for aquaculture, fishing and tourism sectors. Management of Effluent Discharges/Dumping 4.5 LOCH CRERAN

68 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

69 ACTIVITIES AND MANAGEMENT MEASURES Trade Effluent Description of Activity There are few trade effluent discharges into Loch Creran. The Marine Resource Centre Ltd. (MRC) at Barcaldine has a consent in place for a discharge of trade effluent from a smolt production unit to the loch. This consent is not being used at present and is unlikely to be utilised in the short to medium term. SEPA have no concerns relating to minor discharges from the site and consent negotiations relating to these are on-going with the MRC. Location of Trade Effluent Discharges Scottish Sea Farms Ltd. fish processing plant at South Shian also holds consent to discharge. No significant impact was observed around the processing plant discharge point when the last benthic survey was undertaken in August The distribution of serpulid reefs along the south shore of Loch Creran is interrupted at the old Kelco International seaweed processing plant (now MRC). However, evidence from experimental settlement plates suggest that juvenile settlement of Serpula vermicularis in the area is similar to that of healthy reef areas, indicating that historical discharges from the processing plant have resulted in the area of seabed adjacent being completely devoid of serpulid reefs. This historic discharge remains on the seabed and continues to cover any hard substrate to which juvenile worms may attach. Although the area around the former discharge has shown some improvement since discharge cessation in 1997 (monitored by SEPA in 1997, 1999 and 2001), it is not clear how far recovery will proceed. Results from the 2004 monitoring survey should provide further information on recovery. Scottish Sea Farms Salmon Processing Plant Marine Resource Centre Area impacted by historical discharges from Kelco International seaweed processing plant Trade Effluent Competent/Relevant Authority Responsibilities Competent/Relevant Authority Argyll and Bute Council Scottish Environment Protection Agency Scottish Executive Enterprise, Transport and Lifelong Learning Department - Transport Division Scottish Executive Environment and Rural Affairs Department - Fisheries Research Services Responsibilities Responsible for planning permissions on developments down to MLWS. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisation. Regulate discharges through the Water Environment (Controlled Activities) Regulations 2005 by issuing CAR authorisations and monitor authorised discharges. Issue Coast Protection Act 1949 Section 34 consents for pipelines which could cause hazards to navigation. Issue Food and Environment Protection Act 1985 licence for outfalls extending below MHWS. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisation for discharges to tidal waters. LOCH CRERAN

70 Competent/Relevant Authority Responsibilities Trade Effluent Scottish Natural Heritage Scottish Water The Crown Estate Potential Impacts Statutory consultee on Food and Environment Protection Act 1985 licences. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisation. Issue consents for the treatment of industrial effluent via waste water treatment works. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisation. Issue lease for discharge pipeline if over Crown Estate foreshore and/or seabed. Consultee where discharge is direct to sea. Trade effluent can be a source of potentially eutrophicating nutrients and chemical pollutants. A significant deterioration in water quality as a result of nutrient and chemical rich effluent could have a detrimental impact on the biology of the conservation interests of the site. The current level of trade effluent discharges is not thought to be having a significant detrimental effect on the conservation interests of the site. When regulating trade effluent discharges, SEPA are required to consider the cumulative impact of trade effluent discharges and will therefore also consider discharges outside the marine SAC when taking decisions on consents within the site. Management Action All existing discharges within the Loch Creran SAC are to be reviewed by SEPA now that the European Commission has adopted the site. If SEPA determine that an existing discharge is likely to have a significant effect on the site they will make an appropriate assessment of that discharge as required by the Habitats Regulations and will either affirm, modify or revoke the discharge consent to ensure the integrity of the site is not being threatened by the continuation of existing activities. No management action is required by the Forum at the present time. If future monitoring reveals an impact from trade effluent, the Forum will seek the appropriate management measure from both the industry and regulators. Future trade effluent discharge applications will be subject to the Habitats Regulations. If a development is proposed which is likely to have a significant effect on the conservation interests of the site an appropriate assessment will be required (Appendix III). The necessary consents will only be granted if it can be shown that there will be no impact on the conservation interests of the site. Argyll Marine Special Areas of Conservation

71 ACTIVITIES AND MANAGEMENT MEASURES Sewage Effluent Description of Activity Location of Main Sewage Discharges and Water Designations Treated and untreated sewage effluent enters Loch Creran at a variety of locations. Untreated sewage originates from older properties around the perimeter of the loch with no septic tank or sewage treatment facilities. The total number of treated 1 and untreated sewage sources entering the SAC is unknown, but there are not large numbers and they are not thought to be having a detrimental impact on the conservation interests of the site. Main Population areas around Loch Creran Recreational Waters Shellfish Growing Waters Shellfish Harvesting Waters Sewage Effluent The main basin of Loch Creran is designated as shellfish growing waters under the Shellfish Waters Directive 79/923/EEC and as shellfish harvesting waters under the Shellfish Hygiene Directive 91/492/EEC. SEPA has also classified the whole loch as Recreational Waters. Although classification as Recreational Waters is not a statutory requirement, it is SEPA's intention that these areas should meet the mandatory water quality standards set out in the EC Bathing Waters Directive 76/160/EEC. To satisfy European Directive requirements, current SEPA Policy seeks to direct all new discharges of sewage effluent into soakaway arrangements in an attempt to avoid direct discharges to designated areas wherever possible. Where such discharges are unavoidable, consent conditions will be set to ensure that the discharge is subject to appropriate treatment 2. SEPA also intends to review all existing discharges in the period to seek appropriate treatment 2. Where existing sewage discharges are untreated, the installation of appropriate treatment will be required within a reasonable timescale following SEPA's review. There is no statutory deadline for the installation of such treatment, but any timescale set by SEPA will be determined on a site-by-site basis and will be dependent on the risk presented by each discharge to the quality of the receiving water. 1 Current sewage treatment within the site generally consists of septic tank discharging to soakaways or directly to tidal waters. 2 Appropriate treatment is defined as treatment of wastewater by any process and/or disposal system that, after discharge, allows the receiving waters to meet the relevant quality objectives and the relevant provisions of EC Directives. LOCH CRERAN

72 Competent/Relevant Authority Responsibilities Sewage Effluent Competent/Relevant Authority Argyll and Bute Council Maritime and Coastguard Agency Scottish Environment Protection Agency Responsibilities Responsible for planning permissions on developments down to MLWS. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisation. Management of pollution at sea. Responsibility for controls over disposal of vessel bilge water and sewage outside harbour order area. Regulate discharges through the Water Environment (Controlled Activities) Regulations 2005 by issuing CAR authorisations and monitor authorised discharges. Scottish Executive Enterprise, Transport and Lifelong Learning Department - Transport Division Scottish Executive Environment and Rural Affairs Department - Fisheries Research Services Scottish Natural Heritage Scottish Water The Crown Estate Issue Coast Protection Act 1949 Section 34 consents for sewage outfalls which could cause hazards to navigation. Issue Food and Environment Protection Act 1985 licence for outfalls extending below MHWS. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisation for discharges to tidal waters. Statutory consultee for Food and Environment Protection Act 1985 licences. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisation. Responsible for operation of public sewers and for the treatment and discharge of domestic sewage. Consulted on Water Environment (Controlled Activities) Regulations 2005 CAR authorisation. Issue lease for the discharge pipeline if over Crown Estate foreshore and/or seabed. Consultee where discharge is direct to sea. Potential Impacts Treated and untreated sewage effluent is a potential source of eutrophicating nutrients. Discharge of sewage effluent can cause significant damage to local benthic communities. Management Action All existing consented discharges within the Loch Creran SAC are to be reviewed by SEPA now that the European Commission has adopted the site. If SEPA determine that an existing discharge is likely to have a significant effect on the site, they will make an appropriate assessment of that discharge as required by the Habitats Regulations and will either affirm, modify or revoke the discharge consent to ensure the integrity of the site is not being threatened by the continuation of existing activities. Argyll Marine Special Areas of Conservation

73 ACTIVITIES AND MANAGEMENT MEASURES No management action is required by the Forum at this present time. If future monitoring reveals an impact from sewage effluent, the Forum will seek the appropriate management measure from both the regulators. Future sewage effluent discharge applications will be subject to the Habitats Regulations. If a development is proposed which is likely to have a significant effect on the conservation interests of the site an appropriate assessment will be required (Appendix III). The necessary consents will only be granted if it can be shown that there will be no impact on the conservation interests of the site. Sewage Effluent LOCH CRERAN

74 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

75 ACTIVITIES AND MANAGEMENT MEASURES Marine Littering and Dumping Description of Activity Marine litter can originate from a wide range of sources from domestic and recreational activities to commercial businesses that operate within or adjacent to the site. Passing marine traffic can also be a major source of litter. Within Loch Creran there are several areas of seabed that contain debris from finfish farming activities. Scottish Sea Farms Ltd. recently located and removed finfish farm related debris from some of these areas. Marine Littering and Dumping Competent/Relevant Authority Responsibilities Competent/Relevant Authority Argyll and Bute Council Scottish Executive Environment and Rural Affairs Department - Fisheries Research Services The Crown Estate Responsibilities Statutory duty for littering/dumping on public ground. Removal of fly-tipping waste and prosecution of those responsible. Statutory duty under the Food and Environment Protection Act 1985 to control the deposit of articles or materials in the sea/tidal waters e.g. disposal of dredged material. Required to ensure that leaseholders adhere to the conditions of their leases and remove all equipment when the lease is relinquished. Potential Impacts Marine debris that is large or heavy could potentially cause physical damage if dropped on top of fragile serpulid reef or horse mussel areas. The disposal of litter containing chemicals could also cause significant impacts to the conservation interests. There are also aesthetic issues and debris visible on the loch may reduce the perceived conservation value of the site. The current level of marine debris is not thought to be a problem in relation to its impact on the conservation interests of the site. Management Action Encourage current and future local businesses, including boat operators, to participate in an accredited environmental management system. Identify funding possibilities and/or physical assistance to help current and future local businesses, including boat operators, to participate in an accredited environmental management system. Promote the existence of the SAC, encouraging homeowners, recreational visitors and boat owners/operators to dispose of litter properly. Promote a strategy of land-based disposal in the correct facilities. LOCH CRERAN

76 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

77 ACTIVITIES AND MANAGEMENT MEASURES 4.6 Management of Shipping and Boat Maintenance With shipping still the main form of cargo transport into and out of Britain, it is clear that maritime trade is very significant economically. On the Scottish west coast, the main cargo shipping route is through the Minch to the North Channel or into the Clyde. There is also significant movement of oil tanker traffic down the Minch through the North Channel to refineries within the UK and Ireland. Increasingly, the west highlands of Scotland are becoming a destination for cruise ships. During the summer months, cruise ships are seen regularly throughout the area calling at various Argyll islands and sea loch destinations. Oban and Campbeltown tend to be amongst their main ports of call. The Minch Sea of Hebrides Sound of Mull Firth of Lorn Clyde North Channel Management of Shipping and Boat Maintenance 4.6 Widely recognised as a prime destination for sailing and boating, there is significant sailing related infrastructure throughout Argyll and Bute in the form of marinas, moorings and boat yards. Argyll and Bute contains 25 inhabited islands and ferries provide an essential service for communities living in these remote rural areas. LOCH CRERAN

78 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

79 ACTIVITIES AND MANAGEMENT MEASURES Commercial Marine Traffic Description of Activity Oil Tankers and Cargo Vessels More frequently, large cargo ships and oil tankers en route from the north of Scotland to the Clyde and North Channel are using the Sound of Mull and Firth of Lorn to reduce journey times. The grounding of the MV Lysfoss and subsequent spill of fuel oil in the Sound of Mull in 2001 has highlighted the potential for an environmental disaster as a result of large boat traffic passing through or close by the area. Location of Main Marine Traffic Bases Foster Yeoman Scottish Sea Farms Marine Resource Centre Commercial Marine Traffic No oil tankers enter Loch Creran. Cargo operations within the loch consist of timber, aggregate and fish feed. Live fish are brought via well-boats to Scottish Sea Farms Ltd. fish processing facility at South Shian. It is envisaged that cargo transportation may increase with future development at the Marine Resource Centre at Barcaldine. Ferries The only passenger transport operating within the SAC is the Foster Yeoman Ltd. boat that transports employees to Glensanda Quarry on Morvern. Fishing Vessels It is generally local boats that fish within Loch Creran. Cruise Ships No large cruise ships operate within the SAC. Competent/Relevant Authority Responsibilities Competent/Relevant Authority Argyll and Bute Council Maritime and Coastguard Agency Responsibilities Preparation of Oil Spill Contingency Plan. Responsibility for the removal and disposal of beached oil, chemical pollution, spilled deck cargo and for the recovery of oil spilled in ports and harbours for small to medium-scale spills. Responsible for National Contingency Plan to manage pollution at sea. Take responsibility for the management and co-ordination of large-scale incidents and establish a Shoreline Response Centre to co-ordinate agencies and resources. Responsibility for preventing hazards to navigation and ensuring sea safety compliance. LOCH CRERAN

80 Commercial Marine Traffic Competent/Relevant Authority Northern Lighthouse Board Scottish Environment Protection Agency Scottish Executive Environment and Rural Affairs Department - Fisheries Research Services Responsibilities Prevent hazards to navigation by wreck marking and removal where necessary, buoy laying and lighthouse maintenance. Provide technical advice and monitoring assistance if there is a pollution incident. May sample any polluting discharges within 3 miles from shore. Participate in the Environment Group in the event of a large-scale incident. Provide full emergency cover to respond to marine incidents involving oil and chemical spills. Licence use of chemical dispersants in waters < 20 m and within 1 nm of such waters to manage any pollution incident. Provide advice on spills. Participate in the Environment Group in event of a large-scale incident. Scottish Natural Heritage Provide advice concerning nature conservation interest of marine and coastal area. Participate in the Environment Group in event of a large-scale incident. The Argyll and Bute Council Oil Spill Contingency Plan will be used by Argyll and Bute Council, Maritime and Coastguard Agency, SEPA, SNH, Port and Pier users and local interest groups when dealing with spills or the threat of spills within the Council area. These Agencies will also deal with chemical and deck cargo spillages. Potential Impacts A significant oil spill outside Loch Creran could have an impact on intertidal bird and marine wildlife within the loch if the oil is washed ashore. However, the subtidal serpulid reefs and horse mussel beds are unlikely to be impacted significantly. In the event of collision or grounding, there is potential for the spill of fuel oil or deck cargo from the various forms of marine traffic found within the SAC. Cargo spillages of aggregate and fish feed could cause damage to biogenic reefs if the cargo lands directly on top of reef areas. Spilled fish feed could also cause localised zones of organic enrichment, which could have a negative impact on the conservation interests. The illegal pumping of bilge water containing pollutants may also take place, with potential consequences for loch water quality. In the past, bilge water has also been linked to the introduction of non-native invasive species. Management Action The Forum has agreed that no management action is currently required to protect the conservation interests of the site. Argyll Marine Special Areas of Conservation

81 4.6.2 Boat Hull Maintenance and Antifoulant Use Description of Activity Location of Boat Maintenance Facilities ACTIVITIES AND MANAGEMENT MEASURES Run-off from hull cleaning operations is a trade effluent. It may contain residual pesticides and detergents and could be classified as special waste. The management of trade effluent discharges is considered in Information on the current Creran Moorings extent of hull cleaning activity Marine Resource Centre around Loch Creran is sparse, but Creran Boat Storage boat maintenance is known to occur at the Marine Resource Centre Ltd. (MRC) and Creran Boat Storage. SEPA have not issued any consents for hull cleaning operations within Loch Creran. If necessary, SEPA would expect to regulate these activities as soon as possible. Boat Hull Maintenance and Antifoulant Use Fish farm operators are required to supply information on their intended use of antifoulants at the CAR authorisation application stage and then provide SEPA with monthly returns on the actual level of usage. This provides SEPA with information on the release of substances listed under the EC Dangerous Substances Directive (76/464/EEC and Daughter Directives) and will be used in subsequent reviews following the outcomes of research on the effects of antifoulant coatings used in aquaculture. In relation to antifoulant use on fish farm cages in Loch Creran, Scottish Sea Farms Ltd. antifoul their nets at a net station in Lochaline and the cages are returned there for cleaning. Fusion Marine constructs fish farm cages at the MRC but do not use antifoulants. Competent/Relevant Authority Responsibilities Competent/Relevant Authority Scottish Environment Protection Agency Scottish Natural Heritage Responsibilities SEPA regulate trade effluent discharges from boat maintenance facilities through the Water Environment (Controlled Activities) Regulations 2005 by issuing CAR authorisations and monitor authorised discharges. Provide advice concerning nature conservation interest of marine and coastal area. Potential Impacts Most antifoulant products are designed to kill or discourage naturally occurring organisms and may cause damage to the water environment if used carelessly. Under normal responsible usage there is unlikely to be any impact to the conservation interests of the site. LOCH CRERAN

82 Boat Hull Maintenance and Antifoulant Use Management Action The Forum recommends that Pollution Prevention Guidelines for Marinas and Craft should be circulated to all Forum members and those businesses employing the use of antifoulant treatments. Use of these Guidelines is to be encouraged within marine SAC areas. Pollution Prevention Guidelines for Marinas and Craft can be downloaded from the SEPA website Argyll Marine Special Areas of Conservation

83 ACTIVITIES AND MANAGEMENT MEASURES 4.7 Management of Coastal Development/Land-Use With our coastal zones being a prime economic resource, development pressure on these areas already exists and new development pressures, such as renewable energy, continue to emerge. Land-use can also have important implications on the adjacent sea areas. Positive economic growth, such as that experienced by the tourism sector, can have implications for coastal development with improvements in infrastructure necessary to support the requirements of increased visitor numbers. It is imperative that our coasts and inshore waters are utilised in a way that is compatible with, and enhances, the social, environmental and cultural value of these areas. Management of Coastal Development/Land Use 4.7 LOCH CRERAN

84 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

85 ACTIVITIES AND MANAGEMENT MEASURES Coastal Development Description of Activity This can include any construction work that occurs on land adjacent to the SAC, along the foreshore or on the nearshore seabed. Examples include slipways, coastal defence, coastal roads, piers, harbours, renewable energy and tidal barrages. Extraction of material from the foreshore or seabed for the aggregate industry currently does not occur within the site. Coastal Development Competent/Relevant Authority Responsibilities Competent/Relevant Authority Responsibilities Argyll and Bute Council District Salmon Fisheries Board Maritime and Coastguard Agency Responsible for planning permissions on developments down to MLWS. Responsibility to undertake coastal protection works/flood defence. Statutory consultee for Coast Protection Act 1949 Section 34 consents Consultee on coastal development and extraction of material from the foreshore and seabed. Consultee on extraction of material from the seabed. Northern Lighthouse Board Consultee where development could affect navigation. Scottish Environment Protection Agency Scottish Executive Enterprise, Transport and Lifelong Learning Department - Transport Division Scottish Executive Environment and Rural Affairs Department - Agriculture Scottish Executive Environment and Rural Affairs Department - Fisheries Research Services Scottish Natural Heritage The Crown Estate Statutory consultee for planning applications and Food and Environment Protection Act 1985 licences. Regulate activities involving the re-use or deposit of waste materials used for construction work e.g. sea defences. Issue Coast Protection Act 1949 Section 34 consents for developments that could cause hazards to navigation. Administer Harbour Orders for marine construction under the Harbours Act Consultee on coastal development. Issue Food and Environment Protection Act 1985 licences for coastal developments extending below MHWS. Consultee on extraction of material from the seabed. Statutory consultee on the development of local plans, planning applications, Coast Protection Act 1949 Section 34 consents, Food and Environment Protection Act 1985 licences and seabed/foreshore leases. Issue foreshore or seabed lease if development on Crown Estate land. LOCH CRERAN

86 Coastal/Marine Development Potential Impacts The construction of jetties, piers, slipways, coastal roads and defences could cause direct loss of serpulid and horse mussel habitat. The current extent of such developments is not considered to be having a detrimental impact on the conservation interests of Loch Creran. Management Action The Forum has no coastal development related concerns at present. Future coastal development related proposals would be subject to the Habitats Regulations. If a development is proposed which is likely to have a significant effect on the conservation interests of the site an appropriate assessment will be required (Appendix III). The necessary consents will only be granted if it can be shown that there will be no impact on the conservation interests of the site. Argyll Marine Special Areas of Conservation

87 ACTIVITIES AND MANAGEMENT MEASURES Agriculture Description of Activity Agriculture is an important industry in Argyll and Bute, not just in terms of economic output, but also in terms of its impact on the landscape, natural environment and the social systems that it supports. There is some extensive livestock agriculture on the north and far western shores of Loch Creran. Some agricultural activities are regulated under The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations Farmers are currently encouraged to adopt accepted good practice, as outlined in documents such as the Four Point Plan, the Farm Soils Plan and the Prevention of Environmental Pollution from Agricultural Activity (PEPFAA) Code. Agriculture Competent/Relevant Authority Responsibilities Competent/Relevant Authority Responsibilities District Salmon Fisheries Board Consultee on land drainage. Scottish Environment Protection Agency Scottish Executive Environment and Rural Affairs Department - Agriculture Scottish Natural Heritage Scottish Water Statutory consultee for land drainage and agricultural developments. Undertake farm inspections (both ad hoc and routine) supported by incident response where required. Respond to pollution incidents as required. Responsible for agricultural land drainage and re-seeding of land. Provide advice concerning nature conservation interest of marine and coastal area. Responsibilities for land drainage. Changes to the regulatory regime are expected with implementation of the Water Framework Directive via the Water Environment Water Services (Scotland) Act The Scottish Executive recently consulted on measures to tackle diffuse pollution, including new regulations in the form of General Binding Rules based on accepted good practice. A further consultation on this is expected in Autumn Potential Impacts Agricultural operations may have the potential to reduce water quality where run-off enters directly into a watercourse or the marine environment. Increased faecal coliform concentrations, which may result from poor agricultural practice, can be a problem for the shellfish industry. The current level of agriculture does not appear to be having any impact on the conservation interests of the site. LOCH CRERAN

88 Management Action Agriculture The Forum has agreed that no management action is currently required to protect the conservation interests of the site. Argyll Marine Special Areas of Conservation

89 ACTIVITIES AND MANAGEMENT MEASURES Forestry Description of Activity Location of Forested Areas Forestry is important to Argyll and Bute in terms of both economic benefits and recreation. Forestry Commission Scotland manages its own forests for multiple-benefits, including conservation (management of habitats, species, archaeology), recreation (forest walks and cycle routes for both locals and tourists), local communities and also landscape needs. Forested Areas Forestry The forestry industry currently adheres to the Forests and Water Guidelines, which were derived following extensive consultation throughout the forest and water industries, government departments, including Forestry Commission Scotland and SEPA, research institutes and other relevant organisations. The Guidelines provide guidance to forest managers and practitioners on how forests should be designed, planned and operations carried out in order to protect and enhance the water environment. There is currently a significant amount of forestry in the catchment area around Loch Creran. The Marine Resource Centre Ltd. (MRC) and Forestry Commission Scotland have developed a catchment management plan to ensure that water quality for a proposed salmon hatchery at the MRC site meets the required standards. This may be a useful model in the future for other areas of forestry around the loch. Competent/Relevant Authority Responsibilities Competent/Relevant Authority Responsibilities Argyll and Bute Council Statutory consultee for forestry developments. District Salmon Fisheries Board Forestry Commission Scotland Scottish Environment Protection Agency Scottish Executive Environment and Rural Affairs Department - Agriculture Consultee on forestry developments. Responsible for regulating forestry industry. Issue consents for afforestation proposals of 2 ha and deforestation of 0.5 ha. Statutory consultee for forestry developments, commenting on Woodland Grant Scheme and Felling Licence applications. Promote adherance to Forests and Water Guidelines and respond to pollution incidents as required. Consultee on forestry developments. LOCH CRERAN

90 Competent/Relevant Authority Responsibilities Scottish Natural Heritage Statutory consultee on forestry developments. Scottish Water Consultee on forestry developments. Forestry Changes to the regulatory regime are expected with implementation of the Water Framework Directive via the Water Environment Water Services (Scotland) Act The Scottish Executive recently consulted on measures to tackle diffuse pollution, including new regulations in the form of General Binding Rules based on accepted good practice. A further consultation on this is expected in Autumn Potential Impacts Land preparation and development for forestry may have an impact on water quality through siltation, eutrophication or the translocation of herbicides and insecticides. The implications of deterioration in water quality are more pronounced in freshwater catchments or marine areas experiencing restricted water exchange and therefore large-scale plantation or felling proposals may have an impact on the conservation interests of Loch Creran. However, the current extent and management of forestry around Loch Creran is not considered to be having a detrimental impact on the conservation interests of the site. Management Action The Forum has agreed that no management action is currently required to protect the conservation interests of the site. Any future forestry developments around the boundary of the SAC will be subject to the Habitats Regulations. If a development is proposed which likely to have a significant effect on the conservation interests of the site an appropriate assessment will be required (Appendix III). The necessary consents will only be granted if it can be shown that there will be no impact on the conservation interests of the site. Argyll Marine Special Areas of Conservation

91 4.8 Management of Scientific Research ACTIVITIES AND MANAGEMENT MEASURES With high profile academic institutions like the University Marine Biological Station Millport and the Scottish Association for Marine Science located on the west coast of Scotland, scientific research has concentrated on the marine and coastal environment of the west coast for over 120 years. An incredible amount of research has focused on obtaining a greater understanding of the habitats and species in west coast waters. Providing an insight into the effective management of our important marine resources undoubtedly has great benefits for the future management of the Argyll marine SACs. Management of Scientific Research 4.8 LOCH CRERAN

92 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

93 ACTIVITIES AND MANAGEMENT MEASURES Scientific Research Description of Activity For a number of decades, scientific research activities have occurred within Loch Creran. Research has concentrated on many different aspects of the marine and coastal environment. A significant amount of research has focused on the serpulid reefs and horse mussel beds. Competent/Relevant Authority Responsibilities Competent/Relevant Authority Responsibilities Scientific Research Scottish Executive Enterprise, Transport and Lifelong Learning Department - Transport Division Scottish Executive Environment and Rural Affairs Department - Fisheries Research Services Scottish Natural Heritage Issue Coast Protection Act 1949 Section 34 consents for scientific research that may cause a hazard to navigation. Responsible for licensing deposits in the sea below MHWS. Issue license if research activities involve a species protected under the Wildlife and Countryside Act 1981 or a European Protected Species under the Habitats Directive. Provide advice to academic institutions on the effects of research on the conservation interests of a SAC. Potential Impacts Direct alteration, removal or manipulation of the serpulid reefs, horse mussel beds and their resident associated species may occur through research activities. It is likely that given the thorough background investigation necessary to develop a research project, researchers would be aware of the legal status of the habitat, species or area they wish to study. Researchers generally contact Scottish Natural Heritage or SEERAD Fisheries Research Services to determine if any conservation issues are likely to arise from their proposed study. Management Action The Forum recommend that any proposals to undertake marine research involving potential damage to the conservation interests of the site should have clear outcomes which will benefit the long-term health and management of the conservation interests. In general, there should be a presumption against destructive research. LOCH CRERAN

94 4 ACTIVITIES AND MANAGEMENT MEASURES Argyll Marine Special Areas of Conservation

95 IMPLEMENTATION 5

96 5 IMPLEMENTATION Argyll Marine Special Areas of Conservation

97 5.1 Implementation of the Management Plan IMPLEMENTATION Implementation of this management plan will be necessary to ensure compliance with the Habitats Directive. Although it will be the responsibility of the relevant and competent statutory authorities to control activities within their respective remits, the Argyll Marine SAC Management Forum will continue to play a key role in formulating new and amending old management actions. Argyll and Bute Council will coordinate and administer the Forum and will be the principal agency coordinating implementation of the management actions. Implementation of the Management Plan Argyll and Bute Council will: Continue to coordinate the activities of the Argyll Marine SAC Management Forum. 5.1 Facilitate implementation of management actions identified in the Loch Creran Marine SAC Management Plan. Update and revise the Loch Creran Marine SAC Management Plan as directed by the Forum. Develop and encourage research projects that will aid future management of the site. Continue to increase awareness and understanding about the SAC. The Forum will meet annually, or when necessary, if issues arise which should be addressed urgently. LOCH CRERAN

98 5 IMPLEMENTATION Argyll Marine Special Areas of Conservation

99 5.2 Implementation Phase Management Actions IMPLEMENTATION PHASE ACTIVITY MANAGEMENT ACTIONS & TASKS IMPLEMENTATION Implementation Phase Management Actions FISHING Benthic Dredging Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, through local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists. 5.2 Benthic Trawling In the interim period until a statutory zoning plan is finalised, the local zoning plan will continue to be publicised and distributed. Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, through local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists. Creel Fishing In the interim period until a statutory zoning plan is finalised, the local zoning plan will continue to be publicised and distributed. Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, through local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists. Whelk Fishing In the interim period until a statutory zoning plan is finalised, the local zoning plan will continue to be publicised and distributed. Fishermen should be informed of the SAC designation and any management actions for the site through the Secretaries of the Fishermen's Associations, through local Scottish Fisheries Protection Agency (SFPA) Officers, the Scottish Inshore Fisheries Advisory Group (SIFAG) or via vessel lists. Shellfish Diving The Forum recommends that statutory measures should be introduced to prohibit harvesting from horse mussel beds in Loch Creran. AQUACULTURE Finfish Farming The Forum recommends that relevant/competent authorities ensure that any future finfish farming developments are not sited over biogenic reefs, as there is potential for smothering from organic waste products. LOCH CRERAN

100 Implementation Phase Managemnet Actions ACTIVITY IMPLEMENTATION PHASE MANAGEMENT ACTIONS & TASKS The Forum recommends that relevant/competent authorities ensure that future placement of finfish farm moorings be preceded by a diver survey to check the area is clear of biogenic reef before moorings are dropped. This survey should follow the methodology outlined in the Loch Creran Marine SAC: Private and Commercial Moorings Pack available from the Scottish Executive, Ports and Harbours Branch or from The Crown Estate Shellfish Farming The Forum recommends that relevant/competent authorities ensure that any future mussel farming developments are not sited over biogenic reefs, as there is potential for smothering from shells and organic waste products below shellfish lines. The Forum recommends that relevant/competent authorities ensure that placement of future mussel farming moorings/anchors be preceded by a diver survey to check the area is clear of biogenic reef before they are dropped. This survey should follow the methodology outlined in the Loch Creran Marine SAC: Private and Commercial Moorings Pack available from the Scottish Executive, Ports and Harbours Branch or from The Crown Estate RECREATION & TOURISM Boat Moorings The Forum recommends that relevant/competent authorities ensure that future mooring placement be preceded by a diver survey to check the area is clear of biogenic reef before moorings are dropped. This survey should follow the methodology outlined in the Loch Creran Marine SAC: Private and Commercial Moorings Pack available from the Scottish Executive, Ports and Harbours Branch or from The Crown Estate Anchoring In an attempt to discourage indiscriminate anchoring, preferred anchorage areas are identified in the zoning plan for the loch (Appendix IV). The Forum recognise that it will be difficult to ensure that visitors to Loch Creran use these preferred areas. However, mariners will be informed of the locations and encouraged to use them through additions to Admiralty Charts, cruising guides, local information points, the West Highland Anchorages and Moorings Association, West Highlands and Islands Sailing Clubs Association, Royal Yachting Association, yacht charter companies, sailing and yacht clubs. Information may also be provided locally if yachts communicate via VHF with local users. Scuba Diving Education is the most appropriate tool to increase awareness of the marine SAC designation and preferred conduct whilst diving in the area. A dive code (Appendix V) has been developed for distribution to all SSAC, BSAC, Sub-Aqua Association (SAA), Professional Association of Diving Instructors (PADI) and National Association of Underwater Instructors (NAUI) clubs. This information will also be available at local air stations and interpretive signage is to be placed at strategic points around the loch. Charter Boat Operations The Forum coordinator will ensure that all members are provided with copies of the SNH Scottish Marine Wildlife Watching Code once it is published. Argyll Marine Special Areas of Conservation

101 ACTIVITY Trade Effluent IMPLEMENTATION PHASE MANAGEMENT ACTIONS & TASKS EFFLUENT DISCHARGES/DUMPING IMPLEMENTATION All existing discharges within the Loch Creran SAC are to be reviewed by SEPA now that the European Commission has adopted the site. If SEPA feel that an existing discharge is likely to have a significant effect on the site they will make an appropriate assessment of that discharge as required by the Habitats Regulations and will either affirm, modify or revoke the discharge consent to ensure the integrity of the site is not being threatened by the continuation of existing activities. Implementation Phase Management Actions 5.2 Sewage Effluent All existing consented discharges within the Loch Creran SAC are to be reviewed by SEPA now that the European Commission has adopted the site. If SEPA feel that an existing discharge is likely to have a significant effect on the site they will make an appropriate assessment of that discharge as required by the Habitats Regulations and will either affirm, modify or revoke the discharge consent to ensure the integrity of the site is not being threatened by the continuation of existing activities. Marine Littering and Dumping Encourage current and future local businesses, including boat operators, to participate in an accredited environmental management system. Identify funding possibilities and/or physical assistance to help current and future local businesses, including boat operators, to participate in an accredited environmental management system. Promote the existence of the SAC, encouraging homeowners, recreational visitors and boat owners/operators to dispose of litter properly. Promote a strategy of land-based disposal in the correct facilities. SHIPPING AND BOAT MAINTENANCE Boat Hull Maintenance and Antifoulant Use The Forum recommends that Pollution Prevention Guidelines for Marinas and Craft should be circulated to all Forum members and those businesses employing the use of antifoulant treatments. Use of these Guidelines is to be encouraged within marine SAC areas. SCIENTIFIC RESEARCH Scientific Research The Forum recommend that any proposals to undertake marine research involving potential damage to the conservation interests of the site should have clear outcomes which will benefit the long-term health and management of the conservation interests. In general, there should be a presumption against destructive research. LOCH CRERAN

102 5 IMPLEMENTATION Argyll Marine Special Areas of Conservation

103 MONITORING 6

104 6 MONITORING Argyll Marine Special Areas of Conservation

105 MONITORING 6.1 Site Condition Monitoring Although site condition monitoring is not a requirement of the Habitats Directive, there must be surveillance of the resource and Member States have a duty to report to the European Commission Environment Directorate General every six years 1 on the status of their marine SACs. In order to contribute to the UK s reporting commitments, Scottish Natural Heritage (SNH) will conduct site condition monitoring to assess the general health and extent of the conservation interest and also to determine if there have been any changes in habitat distribution or any significant disturbance. SNH will conduct small-scale emergency monitoring within the six-year period if activities are reported which may be seriously damaging the conservation interest of the site. Information gathered through routine monitoring carried out by other organisations, e.g. Fisheries Research Services and the Scottish Environment Protection Agency, in fulfilment of other legislative requirements would also contribute toward meeting these reporting commitments. Site Condition Monitoring 6.1 It is imperative that a component of site condition monitoring, or other research projects are directed to address management issues highlighted in the Activities and Management Measures section of this plan, in order to inform decisions on future management. It has been agreed that the SNH marine SAC monitoring team will consult the Forum on their proposed monitoring strategy before undertaking site condition monitoring, in order to identify areas that may be sensitive to impact. SNH monitoring team communicate with Argyll Marine SAC Management Forum to determine monitoring strategy Undertake monitoring Report back to European Commission Report presented to Argyll Marine SAC Management Forum Argyll Marine SAC Management Forum meet to discuss results and amend management plan if necessary 1 The next report will cover the period from January 2001 to December LOCH CRERAN

106 6 MONITORING Argyll Marine Special Areas of Conservation

107 MONITORING 6.2 Compliance Monitoring Argyll and Bute Council will continue to take a lead role in the coordination and administration of the Forum. They will be responsible, along with the relevant statutory authorities, for ensuring that users of the area are following the site management plan. In a coordinating role, Argyll and Bute Council will be in a position to implement and monitor the success of the management actions outlined in this document. They will report annually to the Forum on progress and will coordinate implementation tasks in collaboration with relevant Forum Members. Management actions are currently voluntary therefore compliance needs to be monitored at a local level. It is hoped that users working within the site will take on the role of stewards of the area and advise visitors, when possible, if they are in breach of any of the locally agreed measures. However, if any Forum member suspects that illegal practices or significant damage is occurring within the SAC, they should contact the appropriate relevant authority, or follow the procedure outlined below: Compliance Monitoring 6.2 Report suspected damage to Argyll and Bute Council Marine & Coastal Development Unit and Relevant/Competent Authority Is activity subject to any regulatory controls e.g. fishing license, discharge consent? Is the activity unlicensed e.g. anchoring, or illegal e.g. dumping? Relevant/competent authority investigate and take action as necessary under appropriate legislation Marine and Coastal Development Unit investigate on behalf of Argyll Marine SAC Management Forum Report made to Argyll Marine SAC Management Forum Individual/Company informed of marine SAC designation and any management measures in place. CASE CLOSED Agrees to stop damaging activity Does not agree to stop damaging activity Activity monitored and report made to Argyll Marine SAC Management Forum Forum meets to discuss how further pressure can be applied CASE CLOSED LOCH CRERAN

108 6 MONITORING Argyll Marine Special Areas of Conservation

109 MONITORING 6.3 Review of Existing Consents Under Regulation 50 of the Habitats Regulations, all relevant and competent authorities are required to undertake a review of all existing consents, permissions or other authorisations within the site and are required to either affirm, modify or revoke any consent, permission or other authorisation to ensure the integrity of the site is not being threatened by the continuation of existing activities. These reviews are now due to take place, as the SAC has become a European Site. Review of Existing Consents 6.3 LOCH CRERAN