Name Assessor or Approver Date

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1 T: +44 (0) F: +44 (0) E: MARINE SCOTLAND LICENSING OPERATIONS TEAM S (MS-LOT) ASSESSMENT OF THE PROJECT S IMPLICATIONS FOR A DESIGNATED NATURE CONSERVATION MARINE PROTECTED AREA (NC MPA) FEATURE. APPLICATIONS FOR MARINE LICENCES UNDER THE MARINE (SCOTLAND) ACT 2010 FOR THE CONSTRUCTION AND CAPITAL DREDGE OF THE FISH FEED MILL AT KYLEAKIN, ISLE OF SKYE SITE DETAILS: KYLEAKIN, ISLE OF SKYE Name Assessor or Approver Date Rania Sermpezi Assessor 11/08/2017 Tracy McCollin Approver 23/08/2017 1

2 TABLE OF CONTENTS 1 Nature Conservation Marine Protected Area (NC MPA) assessment conclusion Introduction Details of proposed operation Consultation Main issues raised during consultation Assessment of the implications for the site in view of the site s conservation objectives MS-LOT conclusion Requirement for conditions Prior to the licensed works commencing During the works On completion of the works... 7 TABLE OF TABLES Table 1 Names of Natura sites affected and current status... 4 Table 2 European qualifying interests... 4 Table 3 Conservation objectives

3 MARINE SCOTLAND LICENSING OPERATIONS TEAM S (MS-LOT) ASSESSMENT OF THE PROJECT S IMPLICATIONS FOR A DESIGNATED NATURE CONSERVATION MARINE PROTECTED AREA (NC MPA) FEATURE. APPLICATIONS FOR MARINE LICENCES UNDER THE MARINE (SCOTLAND) ACT 2010 FOR THE CONSTRUCTION AND CAPITAL DREDGE OF THE FISH FEED MILL AT KYLEAKIN, ISLE OF SKYE SECTION 1: BACKGROUND 1 Nature Conservation Marine Protected Area ( NC MPA ) assessment conclusion 1.1 This MPA assessment concludes that there is no significant risk of hindering the achievement of the conservation objectives on the protected features of the Lochs Duich, Long and Alsh MPA from the Kyleakin Fish Feed Mill development. 2 Introduction 2.1 The assessment has been undertaken by Marine Scotland - Licensing Operations Team ( MS-LOT ) and is required under Section 83 of the Marine (Scotland) Act MS-LOT, as the 'public authority' under the 2010 Act, has to be satisfied that the licensable activities are not capable of affecting (other than insignificantly) the flame shell bed and burrowed mud in the NC MPA or any ecological or geomorphological process on which the conservation of these features is dependant, before any consents can be granted. 2.2 A detailed NC MPA assessment has been undertaken and Scottish Natural Heritage ( SNH ) has been consulted. 3 Details of proposed operation 3.1 The project consists of the extension of an existing pier, the construction of a temporary jetty, the placing of a long sea outfall pipe and undertaking capital dredging and land reclamation. 3.2 The area of dredge is 58,000m 2, with 190,000m 2 of sediment being removed. The works will be carried out by a backhoe dredger with a hopper barge unloading dredged material to the temporary jetty. The dredge material will then be stockpiled for future reuse including caissons, scour protection, etc., and no sea disposal will be undertaken. 4 Consultation 4.1 SNH were consulted on the marine licence applications on 02 June 2017 and their responses of 03 and 06 July 2017 identified the requirement for a NC MPA assessment. 5 Main issues raised during consultation 5.1 The Scottish Environment Protection Agency ( SEPA ) responded on 29 June 2017 identifying potential risks with the choice of emerging technology for the construction of the long sea outfall. SEPA did not object to the proposal, but instead recommended that an options appraisal of the secondary treatment system is 3

4 carried out to ensure that Environmental Quality Standards ( EQS ) can consistently be achieved with use of the proposed outfall, as they were unsure of the long-term success of the secondary treatment in processing effluent. Should the secondary effluent treatment fail in achieving acceptable EQS levels and alterations to the outfall are required, a new marine licence application will be required. 5.2 SNH did not have an objection to the proposal in their responses of 03 and 06 July SNH confirmed that following SEPA s comments on the potential failure of the secondary effluent treatment they would not be supportive of potential proposals to extend the long sea outfall due to the effects on the flame shell bed. SNH requested that conditions are added to the marine licence to ensure that the mitigation proposed in the Environmental Statement ( ES ) and supporting documentation is taken forward, along with additional conditions which would protect the Lochs Duich, Long and Alsh NC MPA. The inclusion of pollution and invasive non-native species management measures in the Construction Environment Management Document ( CEMD ) was requested, and so was further monitoring of the effects of the works on the flame shell bed. Monitoring was requested to be undertaken prior to start of the marine works. 5.3 Marine Scotland Science (MSS) provided advice on the potential for particle motion to have an effect on flame shells. The monitoring plan produced by the applicant and their contractors was sent to MSS and further clarification was sought to see whether their concerns around particle motion could be alleviated through the agreed monitoring. MSS finalised their comments and agreed with the proposed monitoring. Therefore, no further consideration to the effects of particle motion is undertaken in this assessment. SECTION 2: INFORMATION ON THE NC MPA SITE 5.4 This section provides links to the Scottish Natural Heritage Interactive ( SNHi ) website where the background information on the site being considered in this assessment is available. The protected features for each site are listed as are the conservation objectives. Table 1 Names of NC MPA site affected and current status Lochs Duich, Long and Alsh NC MPA Table 2 Protected features Lochs Duich, Long and Alsh NC MPA Burrowed mud Flame shell beds (Limaria hians) 4

5 Table 3 Conservation objectives Lochs Duich, Long and Alsh NC MPA The protected features: So far as already in favourable condition, must remain in such condition; and So far as not already in favourable condition, be brought into such condition, whereby favourable condition, with respect to a marine habitat, means that: Its extent is stable or increasing; and Its structures and functions, its quality, and the composition of its characteristic biological communities are such as to ensure that it is in a condition which is healthy and not deteriorating. SECTION 3: ASSESSMENT OF THE POTENTIAL TO HAVE A SIGNIFICANT RISK OF HINDERING THE ACHIEVEMENT OF THE CONSERVATION OBJECTIVES OF THE NC MPA. 5.5 Is the proposal capable of affecting (other than insignificantly) the protected features of the NC MPA? Burrowed mud SNH, in their responses of 03 and 06 July 2017, confirmed that if appropriate measures are in place to address potential pollution spills and the exchange of ballast water through the CEMD, then the effects of the proposal on the burrowed mud feature of Lochs Duich, Long and Alsh NC MPA are insignificant. Therefore, no further assessment with regards to burrowed mud is provided. Flame shell beds (Limaria hians) SNH, in their responses of 03 and 06 July 2017, confirmed that the proposal is capable of affecting, other than insignificantly, the flame shell bed. 5.6 Is there a significant risk of hindering the achievement of the NC MPA s conservation objectives? In their responses dated 03 and 06 July 2017, SNH advised that the proposal will not result in a significant risk of hindering the achievement of the conservation objectives of the NC MPA: Flame shell beds (Limaria hians) MS-LOT agrees with this advice and has used it to undertake a NC MPA assessment for the site. 6 Assessment of the implications for the site in view of the site s conservation objectives. 6.1 According to SNH s advice, flame shell beds are sensitive to physical damage which may be caused by dredging activities, and recovery is very low due to their slow growth rates. 6.2 The capital dredging proposed will be partially undertaken within the NC MPA boundary, however a lateral distance of m is expected between the dredging area and the edge of the recorded flame shell bed. Therefore, as long as capital dredging is carried out correctly and as planned, there will be no direct impacts. 5

6 6.3 The modelling undertaken as part of the ES indicated that hydrodynamic effects would be localised and smeared along the near-shore zone, rather than reaching the flame shell bed. Dredging is only planned for three months and any sediment deposited in the flame shell area as a result of dredging will be re-suspended and dispersed within a maximum of several days. Therefore, no impacts from sedimentation are expected on the flame shell bed. 6.4 The ES also considered the worst case scenario around vessel propeller wash or scour, finding that there are likely to be no detectable changes in water flow above natural seabed tidal velocities. Anchoring within the dredge area will only be undertaken during construction and emergencies, therefore there are no expected impacts on the flame shells. 6.5 Following SEPA s confirmation that the proposed long sea outfall can achieve the required EQS and their uncertainty on whether the secondary effluent treatment will be successful, SNH have confirmed that any potential request to extend the long sea outfall beyond the current discharge point will likely have an effect on the flame shell bed. MS-LOT can confirm that should the secondary effluent treatment fail in achieving acceptable EQS levels and alterations to the outfall are required, a new marine licence application will be required. 6.6 Finally, the comments provided by SNH indicated the need for flame shell monitoring to be undertaken in order to confirm the modelling and assumptions made in the ES. Following discussions between SNH and Marine Harvest, the monitoring arrangements have been agreed and the requirement for these works has been conditioned as per Section 4. 7 MS-LOT conclusion 7.1 MS-LOT conclude that the fish feed plant proposal at Kyleakin does not have the potential to have a significant risk of hindering the achievement of the conservation objectives of the NC MPA. SECTION 4: CONDITIONS 8 Requirement for conditions 8.1 The requirement for the below conditions is a result of Marine Harvest s commitments in the ES and supporting documentation, along with SNH s requirements for further monitoring to ensure there is no potential to have a significant risk of hindering the achievement of the conservation objectives of the NC MPA. 9 Prior to the licensed works commencing 9.1 The licensee must adhere to the agreed Marine Monitoring Plan (Revision 02, 22 August 2017) for monitoring any effects of the project on the flame shell bed feature of the Lochs Duich, Long and Alsh NC MPA. It is not permissible to change the Marine Monitoring Plan without the written approval of the licensing authority. In granting such approval, the licensing authority may consult any such other advisors, organisations or stakeholders as may be required at their discretion. 10 During the works 10.1 The licensee must ensure that the licensed activities are carried out in accordance with the approved CEMD of 28 September

7 10.2 The licensee must ensure that, during the execution of the works, the risk of marine pollution is minimised by implementing the approved pollution control plan (Revision 1, 28 September 2017) The licensee must ensure that, during the execution of the works, the risk of transferring marine non-native species to and from the location of the works is minimised by implementing the approved marine invasive non-native species and biosecurity management plan (Revision 1, 26 September 2017) The Licensee must ensure that no anchoring of vessels associated with the licensable marine activities occurs within the flame shell bed feature of the Lochs Duich, Long and Alsh MPA. This includes the temporary pontoons/ platforms/ caisson. Any anchoring is to take place within the dredge area only during construction and only for emergencies The licensee must not carry out any form of dredging within 10m lateral distance of the edge of the flame shell bed feature of the Lochs Duich, Long and Alsh MPA The licensee must ensure that the methodology detailed in the ES for laying the long sea outfall pipe is followed. 11 On completion of the works 11.1 The licensee must ensure that the methodology detailed in the ES for reinstating the sea bed at the site of the temporary jetty is followed. 7