2021 River Basin Management Plan - Natura 2000 protected areas - Environment Agency
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2021 River Basin Management Plan Natura 2000 protected areas Published: October 2019 Natura 2000 ‘Protected Areas’ and River Basin Management Plans Natura 2000 sites are one type of ‘Protected Area’ under the Water Framework Directive (along with others including ‘Bathing Waters’ and ‘Drinking Waters’) and as such are given special consideration within river basin planning. Natura 2000 sites receive special legal protection to help conserve the internationally important habitats and wildlife for which they are designated. They are part of a European-wide network of areas protected for biodiversity. The aim of the Natura 2000 network is to assure the long-term survival of Europe's most valued and threatened species and habitats. The network is comprised of Special Areas of Conservation (SAC) for different habitats, and Special Protection Areas (SPAs) for birds. Natura 2000 sites make a significant contribution to achieving the ‘Favourable Conservation Status’ (FCS) of the habitats and species of European level importance in England and the UK. There are approximately 540,000 hectares of terrestrial and coastal Natura 2000 (over 240 sites) in England which support water- dependent wildlife (water-dependent in this sense are those wetland systems that where the presence and character of species and habitats is predominantly determined by water), where the maintenance or improvement of the status of water is an important factor in their protection. Note that there are also ‘Ramsar’ sites that are wetlands of international importance designated under the Ramsar Convention. Many (although not all) Ramsar sites are coincident with Natura 2000 sites. The same considerations are given to Ramsar sites, as Natura 2000 sites by UK Government under river basin planning. Water–dependent Natura 2000 (and Ramsar sites) are reliant on having enough, and suitable quality water to sustain their special habitats and species. However, many have become isolated by and in some cases their ecology damaged or threatened by land and water use, and other issues such as invasive non-native species. These pressures can act either directly on the sites or within their wider catchments. Thus, River Basin Management Plans are crucial to ensure that land and water use planning helps to meet the requirements of Natura 2000 sites, and they have been instrumental in ensuring continued effort and investment in maintaining and restoring sites toward meeting their conservation objectives. 1 of 12
Photo 1: Partially restored lowland raised bog; Thorne & Hatfield Moors Natura 2000 site Photo 2: River Wensum Natura 2000 SAC 2 of 12
The relationship between Natura 2000 WFD protected areas and WFD water bodies Many of the Natura 2000 sites are also WFD water bodies. The boundaries may or may not be fully coincident – i.e. a Natura site may comprise a single or multiple water bodies, or be part of a water body. Note that there are large areas of wetland Natura 2000 sites that are not also water bodies because the WFD definition of a ‘water body’ does not include wetland areas like marshes or bogs. The pressures (e.g. excess nutrients, abstraction) impacting on protected areas and water bodies are the same, although depending on the particular wildlife features for which a Natura 2000 site is specially protected, the measures and timescales to address those pressures may be different. In some situations sites specially protected for biodiversity have different and sometimes more stringent targets to meet in order to reach ‘favourable condition’ (which is when a site is meeting its conservation objectives) than those required by WFD for water bodies to reach good ecological status (GES). The Conservation Objectives (COs) for specially protected sites are underpinned by targets for water quality and flow parameters for rivers, and water quality in lakes. This can be due to different monitoring methodologies or a different and sometimes more precautionary approach to objective setting, reflecting their internationally important designation. Issues affecting water quality, and water availability and flow are of particular relevance to Natura 2000 sites, and these are highlighted in the background sections below. 3 of 12
Background 1: Background to objective setting for sites specially protected for biodiversity: Conservation Objectives (COs) are the overarching objectives for Natura 2000 and SSSI protected sites to maintain or reach favourable condition. These are set by Natural England. The conservation objectives may consist of qualitative and quantitative descriptions. The process for setting targets that underpin the objectives, is described through Joint Nature conservation Committee (JNCC) approved ‘Common Standards Monitoring Guidance’ (CSMG). These targets are used by Natural England in assessing the condition of Natura 2000 and SSSI protected sites Targets set out in revised Common Standards Monitoring Guidance (rCSMG) for rivers and lakes were considered in 2015 River Basin Management Plans when setting quantitative objectives for Natura 2000 and some SSSIs. rCSMG brings new targets including P for rivers and lakes, N in lakes, and flow in rivers. These quantitative targets are considered by Natural England as a pre- requisite for achieving the conservation objectives for Natura 2000 or SSSI designated sites. In the 2015 River Basin Management Plans, water quality and flow targets were set for Natura 2000 (and some SSSI) water bodies as either the agreed target to be reached by 2021, or as ‘interim progress goals’ for achievement by 2021 to act as a stepping stone towards achieving the longer-term targets. These targets have driven the maintenance and improvement of the condition of sites specially protected for biodiversity. rCSMG based targets, or interim progress goals, where agreed locally between Environment Agency and Natural England Teams, are advisory when used to inform regulatory measures under current River Basin Management Plans. These measures aim to work towards the long term targets, taking into account effectiveness, feasibility, etc. In some cases the EA and NE have agreed targets, more appropriate for achieving the CO’s, in accordance with the principles of rCSMG but based on locally derived evidence. 4 of 12
Background 2: The water quality pressures of phosphorus, nitrogen and sediment on Natura 2000 sites: Eutrophication is too much nutrient in rivers, lakes/reservoirs, estuaries or the sea, causing excessive growth of algae and plants. This adversely affects the quality of the water and our uses of it, as well as damaging the local ecology. Too much phosphorus (P) and/or nitrogen (N) are the main reason for eutrophication. The main sources of these nutrients are sewage effluent and losses from agricultural land. Phosphorus is one of the main reasons that designated water-dependent N2K sites (rivers, lakes, and freshwater wetlands) fail their conservation objectives. 55% of all assessed river water bodies and 73% of all assessed lake water bodies in England fail the current WFD phosphorus standards for Good Ecological Status. For those that are also designated as Natura 2000 rivers, around 50% of sites in England do not meet their rCSMG target for P. Current data indicate that around 60% of Natura 2000 lakes exceed their rCSMG P target. Significant progress has been made over recent decades on reducing phosphorus in rivers through measures put in place by the water industry and agricultural sectors. However, we know that current and planned measures using existing approaches to control eutrophication will not achieve Good Ecological Status in densely populated areas and may not be enough to prevent deterioration. We also know that further action is also needed to meet the sometimes tighter targets for Natura 2000 sites. Between 2020 and 2025 water companies will investigate the measures needed to address the water industry contribution towards achieving the objectives at 39 Natura 2000 sites. The investigations will provide the costs and feasibility of the required improvements at water body level and will be built into the Water company improvement programme for 2025-30. For assessing and driving potential further diffuse agricultural pollution measures: • We are working with Natural England to produce or update Diffuse Water Pollution Plans (DWPPs) for 36 Natura 2000 sites. These set out the interventions necessary to achieve the Conservation Objectives for each site that is unfavourable due to diffuse water pollution. This includes an evaluation of how far existing interventions (measures and mechanisms) will take us and, if these are insufficient, the appraisal of alternative measures and regulatory mechanisms, including Water Protection Zones. • The new Farming Rules for Water (2018) provide a statutory countrywide baseline for reducing agricultural phosphorus pollution. Advice-based voluntary schemes such Catchment Sensitive Farming, together with incentive-based approaches such as Countryside Stewardship are also helping. The Catchment-Based Approach is 5 of 12
maturing and is also contributing to improvements. The new Environmental Land Management scheme will have an important role to play in delivering an improved approach to reducing agricultural nutrient pollution. Nitrogen is generally the main nutrient involved in eutrophication of estuaries and coastal waters. 16 estuaries in England are designated under Nitrates or Urban Waste Water Treatment Directives as affected by eutrophication and several of these are also Natura 2000 sites. Recent science shows that nitrogen may play more of a role than was previously considered the case, alongside phosphorus, in eutrophication of some freshwaters, particularly lakes. The UK Technical Advisory Group for the WFD is consulting in 2019 on proposed lake nitrates standards, for use alongside the current phosphorus standards for eutrophication control. In addition, nitrogen targets for Natura 2000 lakes are now included in the revised Common Standards Monitoring Guidance. Current data indicate that around a quarter of Natura 2000 lakes fail their nitrogen target. Agriculture is the largest contributor to nitrogen concentrations. The second most important contribution of nitrogen in water bodies is from sewage effluent. The measures in place for Nitrates and Urban Waste Water Treatment directives are helping to reduce to risks and impacts of eutrophication in affected water bodies. For some Natura 2000 sites the need for further measures to reduce nutrients in order to meet conservation objectives is being assessed. There are several voluntary or incentive programmes targeted at reducing nitrate input from agriculture, in addition to the directives mentioned above. These include the new Environmental Land Management Scheme which will have an important future role to play, Catchment Sensitive Farming (CSF), Cross Compliance, Environmental Stewardship schemes and Nutrient Management Plans. Water company catchment schemes and local nutrient trading initiatives are also helping to tackle agricultural nutrient pollution. Water quality issues pose challenges to achieving standards and targets for water bodies and sites specially protected for biodiversity. There are choices to be made around the priorities, and actions taken to address point and diffuse pollution; as well as the mechanisms used (especially in light of the initial phosphorous appraisal work outlined above). We welcome views on all these and related issues. 6 of 12
Background 3: Water Resources - pressures on sites specially protected for biodiversity - challenges and measures to address the impacts: Drainage and abstraction which leads to changes and reductions in river flows and water tables, are some of the reasons why designated wetland, lake and riverine sites fail to meet their conservation objectives. The Governments Water abstraction plan, nested within the 25 Year Environment Plan, sets out how we will deliver on our commitment to addressing unsustainable abstraction through the use of existing regulated powers as well as developing a stronger catchment focus to address abstraction pressures. For Natura 2000 riverine sites, CSMG targets (see Background 1 section above) have driven action in previous WFD cycles. 74% of river water bodies associated with sites designated as Natura 2000 Protected Areas, currently meet the 2021 interim progress goals for flow, set out in 2015 River Basin Management Plans. (i.e. the goals are an interim step working toward full compliance with revised CSMG targets). If these same river water bodies are considered against the revised CSMG targets (rather than the interim goals) this figure is reduced to 66% (all figures based on high level assumptions). Work is continuing to amend licenses to meet the 2021 update to the River Basin Management Plans ‘interim’ progress goals for flow. Most of these changes have been around reducing the risk posed by ‘headroom’ in current licences, which could allow more water to be abstracted within existing licenced volumes. The revised CSMG targets may mean that further licences changes to modify or reduce water use across a catchment are required. In some cases this could affect current volumes normally abstracted, and not just the currently ‘unused’ water allowed as headroom within licences. The goals included in 2015 River Basin Management Plans have helped drive improvements towards the revised CSMG targets, although it is recognised that the timescales to achieve them may extend beyond current WFD River Basin Management plan cycles. In some places it will be challenging to meet the rCSMG targets using conventional approaches, and on top of this we anticipate additional future challenges from issues such as climate change and population growth, as outlined below under ‘Future pressures and emerging issues.’ Measures to address the Challenges: There are a wide range of existing and potential mechanisms that can be used to address pressures on water resources, and which are outlined in the section ‘Existing mechanisms and future approaches’. Of particular relevance to water availability is the Governments Abstraction Plan that sets out the option of taking a stronger catchment focus where we plan to work with abstractors, other local stakeholders and catchment partners to co-develop solutions to: • protect the environment by changing licences to better reflect water availability in catchments and reduce the impact of abstraction and 7 of 12
• Improve access to water by introducing more flexible conditions that support water storage, water trading and efficient use. Within this context, there are different approaches to meeting protected site targets. If the focus is on changing licences, the expectation is this would be a quicker solution to achieving the flow targets with a higher level of confidence. However, given current regulatory tools and measures available, there could be additional economic costs, which might include seeking alternative water sources, compensation liabilities and water company investment. The additional economic costs involved are likely to be borne by particular sectors. In some cases the implications and feasibility of such measures could mean that these licence changes may be difficult to achieve and take longer to implement. Alternatively, catchment solutions could be used to help move protected sites towards meeting the specific targets for flow. This could mean the economic impacts are spread wider across sectors and over a longer time period. However, it might mean a slower pace of progress, and the environmental outcome may be less certain compared to licence changes alone. Stakeholders may be required to work together to identify innovative solutions to accessing water whilst meeting targets, and it would require additional monitoring to evaluate progress. In some circumstances catchment solutions may need to be deployed alongside licence changes. 8 of 12
Future pressures and emerging issues: The pressures acting on Natura 2000 and Ramsar sites are the same as for the wider water and wetland environment. However, in some cases the rarer or most highly valued wildlife and habitats they are protected for, may be more sensitive, and become more vulnerable to particular pressures. For example: • Further growth in both the economy and population – may increase demand for water from both household and business, particularly in areas of country that are already be under water stress. • Climate change is a key pressure likely to have increasing influence on water availability (which can also impact on water quality). Increasing temperatures, and the changes in the frequency and amount of winter and summer rainfall will affect all aspects of the hydrological cycle. • Water availability and the changes to the natural flow regime, are likely to have impacts on the ecology of the sites, but it is a difficult thing to predict. We have asked the water industry to consider the implications of this for their plans through regional groups and national planning frameworks. • For water quality, there is a risk of increased nutrient enrichment of ground and surface water, as dilution and flows become more variable (e.g. resulting from climate change), and some aspects of agriculture and domestic use of water change. However, which nutrients and how their concentrations will increase or decrease is hard to predict. • Changes in land use could result from the effects of changing markets after EU exit, and farming support mechanisms, such as the introduction of the forthcoming Environmental Land Management Scheme. • Some species introduced by humans, and invasive non-native species (INNS) may become more problematic. Without measures to control their populations or spread, existing INNS can expand their ranges. Changes in climate may also enable new INNS to become established. • Other sources and pathways for water pollution, including that from excess atmospheric nitrogen. • Other pollutants with direct toxic effect such as pesticides, veterinary medicines, and pharmaceuticals in ‘waste’ water. 9 of 12
Existing mechanisms and future approaches to address the challenges The pressures outlined above on the natural environment and water–dependent habitats and species may mean that new approaches are required to ensure that the designated wildlife features of specially protected sites are conserved, and so natural capital and ecosystem services are not further diminished. There have been and are a number of programmes and mechanisms deployed to help address the pressures and challenges faced by sites specially protected for biodiversity, including Natura 2000 and Ramsar sites. These include Agri- environment schemes, the Water Company National Environment Programme (WINEP), Flood Risk Management schemes, Water Environment Improvement Funding, and Water Environment Grant (some of these now superseded or historic). These have contributed to bespoke programmes aimed at addressing particular habitats or pressures, such as the joint NE/EA river and lake restoration programmes, Diffuse Water Pollution Plan programme, EA’s Regional Coastal Habitat Replacement programmes, non-native Invasive species initiatives, and the water company ‘Asset Management Plans’. There are also new mechanisms under development which will or may be relevant to addressing the challenges. These include the new Environmental Land Management Scheme (ELMS), and solutions such as ‘Conservation Covenants’. To address water quality issues specifically there are initiatives such as farmer-led nutrient management schemes (e.g. the cap and trade scheme being developed for Poole harbour). For water resource pressures, existing groupings of water companies and regulators (e.g. Water Resources South East) consider water resource planning at a regional scale. Also the Governments Abstraction Plan sets out options for taking a wider catchment approach incorporating a range of potential measures, alongside existing regulatory mechanisms (as detailed above in Background 2 section on Water Resource Pressures). The above measures and other mechanisms such ‘net gain’ and natural capital planning may enable: • modification of surrounding land use (urban or agricultural) in catchments of ground and surface water-dependent sites to increase resilience • Restoring or creating more habitat (such as freshwater features currently close to coastal locations) away from vulnerable areas in advance of any changes/losses, to allow for species migration or mitigation for future losses. Doing so will also contribute to achieving and maintaining ‘Favourable Conservation Status’ for internationally important wildlife and habitat features • Restoring natural processes in freshwater, wetland and coastal systems where appropriate, can help increase resilience to future climate change 10 of 12
and other challenges. These principles are true of sites specially protected for biodiversity along with all water bodies. Note that guidance for managing freshwater and wetland habitats in this way available from CaBA, and the underpinning principles and evidence explained in NE’s narrative for conserving freshwater and wetland habitats in England (NERR064). Alongside these new and future approaches, there are opportunities for different sectors to work together to address the issues. Opportunities for different sectors to work together to address the issues. These include (but are not limited to): • The Government have asked all water companies to engage in regional water resources planning that transcends water company boundaries to identify optimal solutions for the country as a whole. Developing a national framework to give strategic direction to water company plans, increase resilience and improve the environment. It will be published in December 2019 and set clear expectations of regional water resource planning groups. Through these regional groups there is an opportunity for all abstractors to work together in achieving the targets for Natura 2000 sites and other water bodies. • Delivering agreed/appropriate catchment solutions - as part of the implementation of the Abstraction Plan and 25 Year Environment Plan we are testing a catchment approach to water resource management at a number of priority catchments to develop solutions. This could be used to enable collaboration between water industry and other sectors to ensure relevant Natura 2000 sites are protected. • Water companies, industry, agricultural and other sectors, consumer groups, and environmental organisations to work together to further promote wise water use, and so reduce overall demand for water. • Further trialling of catchment permitting and catchment nutrient balancing schemes for achieving Phosphorous and Nitrogen targets for water bodies within catchments. • Local place based initiatives such as the Catchment Based Approach (CaBA) partnerships are central to water management and supporting wildlife. Defra’s Catchment Based Approach Policy Framework (May 2013) requires a strategic catchment wide approach and to work in collaboration with local partners to manage the water environment. This catchment wide approach focuses on the management of water as a whole system from ‘source to sea’ and has the potential to better join up fragmented habitats and restore ecological functioning. • Furthermore, many of the key issues we now face are more complex, intractable problems involving multiple pressures acting in combination; 11 of 12
and therefore require action with multiple sectors, which local partnerships are well placed to facilitate. • The Defra 25 Year Environment Plan reinforces the importance of a wider approach to resolving problems and incorporating multiple benefits through a whole systems approach and local place-based planning. We therefore need an inclusive approach to local place based partnership working that facilitates holistic management of all parts of the catchment system (environmental, social and economic). Local partnership working does not necessarily have to be based on catchment boundaries, but needs to continue to adopt a ‘source to sea’ approach. Whilst we are making progress, more needs to be done, and we welcome the participation of existing and new partners at national and local catchment partnership level to help deliver these important benefits for people and places. We’d like to understand your views on the pace of action, any changes or new measures, needed to address the pressures to achieve targets for Natura 2000 (and Ramsar) sites. If you would like to let us know your views, please respond via question 1 of the Challenges and Choices consultation (located on the Water Story page). 12 of 12
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